CSSB 302(JUD): "An Act relating to the authority to take oaths, affirmations, and acknowledgments in the state, to notarizations, to verifications, to acknowledgments, to fees for issuing certificates with the seal of the state affixed, and to notaries public; and providing for an effective date."
00 CS FOR SENATE BILL NO. 302(JUD) 01 "An Act relating to the authority to take oaths, affirmations, and acknowledgments in 02 the state, to notarizations, to verifications, to acknowledgments, to fees for issuing 03 certificates with the seal of the state affixed, and to notaries public; and providing for an 04 effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. AS 09.63.010 is amended to read: 07 Sec. 09.63.010. Oath, affirmation, and acknowledgment. The following 08 persons may take an oath, affirmation, or acknowledgment in the state: 09 (1) a justice, judge, or magistrate of a court of the State of Alaska or of 10 the United States; 11 (2) a clerk or deputy clerk of a court of the State of Alaska or of the 12 United States; 13 (3) a notary public; 14 (4) a United States postmaster;
01 (5) a commissioned officer under AS 09.63.050(4); [OR] 02 (6) a municipal clerk carrying out the clerk's duties under 03 AS 29.20.380; 04 (7) the lieutenant governor when carrying out the lieutenant 05 governor's duties under AS 24.05.160; 06 (8) the presiding officer of each legislative house when carrying 07 out the officer's duties under AS 24.05.170. 08 * Sec. 2. AS 09.63.030(c) is amended to read: 09 (c) If the document is sworn to or affirmed before a notary public of the state, 10 the notary public shall 11 (1) affix [ENDORSE AFTER THE SIGNATURE OF THE NOTARY 12 PUBLIC THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 13 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 14 the 15 (A) notary public's official signature and official seal; and 16 (B) date of expiration of the notary public's commission; 17 and 18 (2) [; (3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 19 44.50.080 OR] other applicable law. 20 * Sec. 3. AS 09.63.040(d) is amended to read: 21 (d) If the verification is sworn to or affirmed before a notary public of the 22 state, the notary public shall 23 (1) affix [ENDORSE AFTER THE SIGNATURE OF THE NOTARY 24 PUBLIC THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 25 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 26 the 27 (A) notary public's official signature and official seal; and 28 (B) date of expiration of the notary public's commission; 29 and 30 (2) [; (3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 31 44.50.080 OR] other applicable law.
01 * Sec. 4. AS 09.63.090 is amended to read: 02 Sec. 09.63.090. Certificate of acknowledgment. The words "acknowledged 03 before me" mean that 04 (1) the person acknowledging 05 (A) appeared before the person taking the acknowledgment; 06 (B) acknowledged that the person executed the instrument; 07 (C) in the case of 08 (i) a natural person, acknowledged that the person 09 executed the instrument for the purposes stated in it; 10 (ii) an officer or agent of a corporation, acknowledged 11 that the person held the position or title set out in the instrument and 12 certificate, the person signed the instrument on behalf of the 13 corporation by proper authority, and the instrument was the act of the 14 corporation for the purposes stated in it; 15 (iii) a member or manager of a limited liability 16 company, acknowledged that the individual signed the instrument 17 on behalf of the limited liability company by proper authority and 18 executed the instrument as the act of the limited liability company 19 for the purposes stated in it; 20 (iv) a partner or agent of a partnership, acknowledged 21 that the person signed the instrument on behalf of the partnership by 22 proper authority and executed the instrument as the act of the 23 partnership for the purposes stated in it; 24 (v) [(iv)] a person acknowledging as a principal by an 25 attorney in fact, acknowledged that the person executed the instrument 26 by proper authority as the act of the principal for the purposes stated in 27 it; 28 (vi) [(v)] a person acknowledging as a public officer, 29 trustee, administrator, guardian, or other representative, acknowledged 30 that the person signed the instrument in the capacity and for the 31 purposes stated in it; and
01 (2) the person taking the acknowledgment either knew or had 02 satisfactory evidence that the person acknowledging is the person named in the 03 instrument or certificate. 04 * Sec. 5. AS 09.63.100 is amended to read: 05 Sec. 09.63.100. Forms of acknowledgment. (a) The forms of 06 acknowledgment set out in this subsection may be used and are sufficient for their 07 respective purposes under a law of the state. The authorization of the forms in this 08 section does not preclude the use of other forms. 09 (1) For an individual acting in the individual's own right: 10 State of ______________________________________ Judicial 11 District (or County of ________________________) 12 The foregoing instrument was acknowledged before me this 13 (date) by (name of person who acknowledged). 14 _______________________________ 15 Signature of Person Taking 16 Acknowledgment 17 _______________________________ 18 Title or Rank 19 _______________________________ 20 Serial Number, if any 21 (2) For a corporation: 22 State of ______________________________________ Judicial 23 District (or County of ________________________) 24 The foregoing instrument was acknowledged before me this 25 (date) by (name of officer or agent, title of officer or agent) of (name of 26 corporation acknowledging) a (state or place of incorporation) 27 corporation, on behalf of the corporation. 28 _______________________________ 29 Signature of Person Taking 30 Acknowledgment 31 _______________________________
01 Title or Rank 02 _______________________________ 03 Serial Number, if any 04 (3) For a limited liability company: 05 State of _____________________________________ Judicial 06 District (or County of ________________________) 07 The foregoing instrument was acknowledged before me this 08 (date) by (name of member or manager), member (or manager) of 09 (name of limited liability company acknowledging) a (state or place 10 of organization) limited liability company, on behalf of the limited 11 liability company. 12 _______________________________ 13 Signature of Person Taking 14 Acknowledgment 15 _______________________________ 16 Member (or Manager) 17 _______________________________ 18 Serial Number, if any 19 (4) For a partnership: 20 State of ______________________________________ Judicial 21 District (or County of ________________________) 22 The foregoing instrument was acknowledged before me this 23 (date) by (name of acknowledging partner or agent), partner (or agent) 24 on behalf of (name of partnership), a partnership. 25 _______________________________ 26 Signature of Person Taking 27 Acknowledgment 28 _______________________________ 29 Title or Rank 30 _______________________________ 31 Serial Number, if any
01 (5) [(4)] For an individual acting as principal by an attorney in fact: 02 State of ______________________________________ Judicial 03 District (or County of ________________________) 04 The foregoing instrument was acknowledged before me this 05 (date) by (name of attorney in fact) as attorney in fact on behalf of 06 (name of principal). 07 _______________________________ 08 Signature of Person Taking 09 Acknowledgment 10 _______________________________ 11 Title or Rank 12 _______________________________ 13 Serial Number, if any 14 (6) [(5)] By a public officer, trustee, or personal representative: 15 State of ______________________________________ Judicial 16 District (or County of ________________________) 17 The foregoing instrument was acknowledged before me this 18 (date) by (name and title of position). 19 _______________________________ 20 Signature of Person Taking 21 Acknowledgment 22 _______________________________ 23 Title or Rank 24 _______________________________ 25 Serial Number, if any 26 (b) If a document is acknowledged before a notary public of the state, the 27 notary public shall 28 (1) affix [ENDORSE AFTER THE NOTARY'S SIGNATURE THE 29 DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 30 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 31 the
01 (A) notary public's official signature and official seal; and 02 (B) date of expiration of the notary public's commission; 03 and 04 (2) [; (3)] comply with AS 44.50.060 - 44.50.064 and [AS 44.50.060 - 05 44.50.080 OR] other law. 06 * Sec. 6. AS 44.19.024 is amended to read: 07 Sec. 44.19.024. Fees for issuing certificate. For issuing each certificate with 08 the seal of the state affixed, the lieutenant governor shall collect a fee of $5 for each 09 certificate [$2 FOR THE FIRST THREE FOLIOS OR LESS AND 20 CENTS PER 10 FOLIO FOR EACH ADDITIONAL FOLIO]. The lieutenant governor shall account 11 for the fees received under this section and shall deposit [PAY] them into the state 12 treasury. 13 * Sec. 7. AS 44.50.010 is repealed and reenacted to read: 14 Sec. 44.50.010. Notary public commission; term. (a) The lieutenant 15 governor may commission for the state 16 (1) notaries public without limitation, who are authorized to use the 17 notary seal for all legal purposes; and 18 (2) limited governmental notaries public, who are state, municipal, or 19 federal employees authorized to use the notary seal only for official government 20 business. 21 (b) The term of a notary public commission is four years, except that the term 22 of a limited governmental notary public commission coincides with the term of 23 government employment. 24 (c) A person who is a state, municipal, or federal employee commissioned as a 25 limited governmental notary public may also be commissioned as a notary public 26 without limitation. 27 * Sec. 8. AS 44.50.020 is repealed and reenacted to read: 28 Sec. 44.50.020. Qualifications. To be commissioned as a notary public a 29 person 30 (1) shall submit an application under AS 44.50.031; 31 (2) shall be at least 18 years of age;
01 (3) shall have established residency in this state under AS 01.10.055; 02 (4) shall reside legally in the United States; 03 (5) may not have been incarcerated in a correctional facility for a 04 felony conviction within 10 years before the commission takes effect; 05 (6) may not have had a notary public commission revoked in this state 06 or another jurisdiction; 07 (7) may not have committed acts for which a notary public 08 commission may be denied or revoked under this chapter; and 09 (8) shall meet the other requirements in this chapter to be 10 commissioned as a notary public. 11 * Sec. 9. AS 44.50 is amended by adding new sections to read: 12 Sec. 44.50.031. Application. (a) A person applying for a commission as a 13 notary public shall submit a completed application as required by this section, using 14 the forms or format required by the lieutenant governor. 15 (b) A completed application for a commission under AS 44.50.010(a)(1) must 16 include 17 (1) an affirmation that the applicant meets the qualifications set out in 18 AS 44.50.020(2) - (7); 19 (2) the applicant's mailing and physical addresses, the applicant's 20 telephone number, if any, the applicant's employer or business, the physical address 21 and telephone number of the applicant's employer or business at the location where the 22 applicant works, and an electronic mailing address, if any, where the applicant can be 23 contacted; 24 (3) information concerning any denial, suspension, revocation, or 25 restriction of the applicant's commission as a notary public in this state or another 26 jurisdiction; that information must include 27 (A) identification of the jurisdiction; 28 (B) the date the jurisdiction issued the denial, suspension, 29 revocation, or restriction; 30 (C) the reasons for the denial, suspension, revocation, or 31 restriction; and
01 (D) information concerning final resolution of the matter; 02 (4) the applicant's notarized signature on the portion of the application 03 that contains the oath or affirmation required by AS 44.50.035; 04 (5) the fee required by AS 44.50.033; and 05 (6) the bond required by AS 44.50.034. 06 (c) A completed application for a commission under AS 44.50.010(a)(2) must 07 include 08 (1) a signed statement by the applicant's government employer that the 09 commission is needed for the purpose of conducting official government business; 10 (2) the applicant's mailing and physical addresses, the applicant's 11 telephone number, if any, and employer, the name, address, and telephone number for 12 the employer where the applicant works, and an electronic mailing address, if any, 13 where the applicant can be contacted; 14 (3) the affirmation, information, and signature required by (b)(1), (3), 15 and (4) of this section; and 16 (4) the fee required by AS 44.50.033. 17 Sec. 44.50.033. Application fee. A person applying for a commission as a 18 notary public shall pay a nonrefundable application fee of $40. However, an applicant 19 for a limited governmental notary public commission under AS 44.50.010(a)(2) who is 20 employed by the state may not be required to pay an application fee. 21 Sec. 44.50.034. Bond. (a) A person applying for a commission as a notary 22 public without limitation under AS 44.50.010(a)(1) shall execute an official bond of 23 $1,000 and submit the bond with the application under AS 44.50.031. The bond must 24 be for a term of four years beginning with the date of commission as a notary public. 25 (b) The lieutenant governor shall keep a bond submitted under this section for 26 two years after the end of the term of the commission for which the bond was issued. 27 Disposition of the bond after the end of the commission does not affect the time for 28 starting an action on the bond. 29 Sec. 44.50.035. Oath. The application required by the lieutenant governor 30 under AS 44.50.031 must contain an oath or affirmation, in the form set out in 31 AS 39.05.045, to be signed by the applicant. A signed oath or affirmation submitted
01 in an application under AS 44.50.031 takes effect on the date of the applicant's 02 commission as a notary public under this chapter. 03 Sec. 44.50.036. Denial of applications. The lieutenant governor shall deny 04 an application for a notary public commission if the 05 (1) applicant does not meet the requirements of this chapter; 06 (2) application is not complete or contains a material misstatement or 07 omission of fact relating to the requirements for a commission under this chapter; 08 (3) applicant has been incarcerated in a correctional facility for a 09 felony conviction within 10 years before the commission is to take effect; or 10 (4) applicant's commission as a notary public has been revoked in this 11 state for a reason set out in AS 44.50.067, or in another jurisdiction for a substantially 12 similar reason. 13 Sec. 44.50.037. Certificate of commission. Upon commission of a notary 14 public under this chapter, the lieutenant governor shall provide to the notary public a 15 certificate of commission indicating the commission and the dates of the term of the 16 commission. 17 Sec. 44.50.038. Subsequent commissions. A notary public whose term of 18 commission is ending may apply for a new notary public commission by submitting a 19 new application under AS 44.50.031 and complying with the requirements of this 20 chapter. The lieutenant governor's approval of a new application for a commission for 21 a notary public without limitation under AS 44.50.010(a)(1) terminates an applicant's 22 existing commission under that paragraph. 23 Sec. 44.50.039. Limited governmental notaries public. A state, municipal, 24 or federal employee commissioned as a notary public under AS 44.50.010(a)(2) 25 (1) is designated a limited governmental notary public; 26 (2) may perform notarial acts only in the conduct of official 27 government business; and 28 (3) may not charge or receive a fee or other consideration for notarial 29 services provided under this chapter. 30 * Sec. 10. AS 44.50.060 is amended to read: 31 Sec. 44.50.060. Duties. A notary public shall
01 (1) administer oaths and affirmations [WHEN REQUESTED, 02 DEMAND ACCEPTANCE AND PAYMENT OF FOREIGN AND INLAND BILLS 03 OF EXCHANGE, OR PROMISSORY NOTES, PROTEST THEM FOR 04 NONACCEPTANCE AND NONPAYMENT, AND EXERCISE THE OTHER 05 POWERS AND DUTIES THAT BY THE LAW OF NATIONS AND ACCORDING 06 TO COMMERCIAL USAGES, OR BY THE LAWS OF ANY OTHER STATE, 07 GOVERNMENT, OR COUNTRY, MAY BE PERFORMED BY NOTARIES]; 08 (2) take the acknowledgment of or proof of execution of [POWERS 09 OF ATTORNEY, MORTGAGES, DEEDS, GRANTS, TRANSFERS, AND OTHER] 10 instruments of writing, and give a notarial certificate of the proof or acknowledgment, 11 included in [ENDORSED ON] or attached to the instrument; the notarial certificate 12 shall be signed by the notary public in the notary public's [NOTARY'S] own 13 handwriting [; 14 (3) TAKE DEPOSITIONS AND AFFIDAVITS, AND ADMINISTER 15 OATHS AND AFFIRMATIONS, IN ALL MATTERS INCIDENT TO THE DUTIES 16 OF THE OFFICE, OR TO BE USED BEFORE A COURT, JUDGE, OFFICER, OR 17 BOARD IN THE STATE; A DEPOSITION, AFFIDAVIT, OATH, OR 18 AFFIRMATION SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S 19 OWN HANDWRITING, AND THE NOTARY SHALL ENDORSE AFTER THE 20 SIGNATURE THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION]. 21 * Sec. 11. AS 44.50 is amended by adding new sections to read: 22 Sec. 44.50.061. Prohibited acts. A notary public may not 23 (1) violate state or federal law in the performance of acts authorized by 24 this chapter; 25 (2) influence a person to enter into or avoid a transaction involving a 26 notarial act by the notary public; 27 (3) affix the notary public's signature or seal on a notarial certificate 28 that is incomplete; 29 (4) charge a fee for a notarial act unless a fee schedule has been 30 provided to the signer before the performance of the notarial act; 31 (5) affix the notary public's official seal to a document, unless the
01 person who is to sign the document 02 (A) appears and signs the document before the notary public or, 03 for an acknowledgment, appears and indicates to the notary public that the 04 person voluntarily affixed the person's signature on the document for the 05 purposes stated within the document; 06 (B) gives an oath or affirmation if required under law or if the 07 notarial certificate states that the document was signed under oath or 08 affirmation; and 09 (C) is personally known to the notary public, produces 10 government-issued identification containing the photograph and signature of 11 the person signing, or produces 12 (i) government-issued identification containing the 13 signature of the person signing, but without a photograph; and 14 (ii) another valid identification containing the 15 photograph and signature of the person signing; 16 (6) perform a notarial act if the notary public 17 (A) is a signer of or named in the document that is to be 18 notarized; or 19 (B) will receive directly from a transaction connected with the 20 notarial act a commission, fee, advantage, right, title, interest, cash, property, 21 or other consideration exceeding in value the normal fee charged by the notary 22 for the notarial act. 23 Sec. 44.50.062. Official signature. (a) When performing a notarization, a 24 notary public shall 25 (1) sign in the notary public's own handwriting, on the notarial 26 certificate, exactly and only the name indicated on the notary public's commission 27 certificate; a notary public may not sign through the use of a facsimile stamp or an 28 electronic or graphic printing method; and 29 (2) affix the official signature only at the time the notarial act is 30 performed. 31 (b) A notary public shall comply in a timely manner with a request by the
01 lieutenant governor to supply a current sample of the notary public's official signature. 02 Sec. 44.50.063. Official seal. (a) A notary public shall keep an official seal, 03 which is the exclusive property of the notary public, and shall ensure that another 04 person does not possess or use the official seal. 05 (b) A notary public's official seal 06 (1) must contain 07 (A) the notary public's name exactly as indicated on the notary 08 public's commission certificate; 09 (B) the words "Notary Public" and "State of Alaska"; and 10 (2) may be a circular form not over two inches in diameter or may be a 11 rectangular form not more than one inch in width by two and one-half inches in 12 length. 13 (c) When not in use, a notary public's official seal shall be kept in a secure 14 area under the exclusive control of the notary public. 15 (d) Within 10 days after a notary public's official seal is stolen or lost, the 16 notary public shall provide the lieutenant governor with written notification of the 17 theft or loss. 18 (e) In order to avoid misuse, a notary public's official seal shall be destroyed 19 or defaced 20 (1) upon the notary public's resignation or death; 21 (2) upon the revocation or termination by the lieutenant governor of 22 the notary public's commission; or 23 (3) when the notary public's term of commission ends if the notary 24 public has not received a new commission under this chapter. 25 Sec. 44.50.064. Seal impression or depiction. (a) A sharp, legible, 26 photographically reproducible impression or depiction of a notary public's official seal 27 shall be affixed 28 (1) on the notarial certificate of each paper document notarized, near 29 the notary public's official signature; and 30 (2) only at the time the notarial act is performed. 31 (b) Illegible information within a seal impression or depiction may be typed or
01 printed legibly by the notary public adjacent to, but not within, the impression or 02 depiction. 03 (c) An embossed seal impression that is not photographically reproducible 04 may be used in addition to, but not in place of, the seal impression or depiction 05 required by (a) of this section. 06 Sec. 44.50.065. Notary public's status notification. (a) Within 10 days after 07 change of a notary public's name, mailing address, or physical address, the notary 08 public shall, on a form provided by the lieutenant governor, submit written notification 09 of the change, signed by the notary public. 10 (b) The lieutenant governor may require limited governmental notaries public 11 commissioned under AS 44.50.010(a)(2) who change departmental or agency 12 employers to submit written notification of the change on a form provided by the 13 lieutenant governor. 14 (c) A notary public commissioned under AS 44.50.010(a)(1) reporting a name 15 change shall submit to the lieutenant governor payment of the fee under AS 44.19.024 16 for the issuance of a replacement certificate of commission. 17 (d) A notary public reporting a name change under (a) and (c) of this section 18 shall use the person's former name for the performance of notarial acts until the person 19 has 20 (1) provided written notification of the name change to the surety for 21 any bond required under AS 44.50.034; 22 (2) received a replacement certificate of commission reflecting the 23 name change from the lieutenant governor; and 24 (3) obtained a new seal reflecting the name change. 25 (e) The lieutenant governor may require a notary public to update the 26 information required under AS 44.50.031, including the notary public's current 27 notarized signature. 28 Sec. 44.50.066. Resignation. (a) To resign a commission, a notary public 29 shall notify the lieutenant governor in writing of the resignation and the date that it is 30 effective. The notary public shall sign the notification. 31 (b) A notary public who does not any longer meet the requirements of this
01 chapter to be a notary public shall immediately resign the commission. 02 Sec. 44.50.067. Disciplinary action. The lieutenant governor may suspend or 03 revoke a notary public's commission or reprimand a notary public for good cause 04 shown, including 05 (1) a ground on which an application for a commission may be denied; 06 (2) failure to comply with this chapter; and 07 (3) incompetence or misfeasance in carrying out the notary public's 08 duties under this chapter. 09 Sec. 44.50.068. Complaint; hearing; appeal. (a) A person harmed by the 10 actions of a notary public may file a complaint with the lieutenant governor. The 11 complaint shall be filed on a form prescribed by the lieutenant governor and shall be 12 signed and verified by the person alleging misconduct on the part of the notary public. 13 (b) If the lieutenant governor determines that the allegations in the complaint 14 do not warrant formal disciplinary action, the lieutenant governor may decline to act 15 on the complaint or may advise the notary public of the appropriate conduct and the 16 applicable statutes and regulations governing the conduct. The lieutenant governor 17 shall notify the complainant of the determination. 18 (c) If the lieutenant governor determines that the complaint alleges sufficient 19 facts to constitute good cause for disciplinary action, the lieutenant governor shall 20 notify the notary public of the filing of the complaint and send a copy of the complaint 21 to the notary public. The notary public shall submit a written response to the 22 complaint to the lieutenant governor within 20 days after the lieutenant governor sends 23 the complaint. The lieutenant governor may extend the time for a notary public's 24 response by up to 20 additional days. The lieutenant governor shall provide a copy of 25 the notary public's response to the complainant. 26 (d) The lieutenant governor shall review the complaint and the response to 27 determine whether formal disciplinary action may be warranted. The lieutenant 28 governor may determine that the allegations in the complaint do not warrant formal 29 disciplinary action, in which case the lieutenant governor may determine not to take 30 further action on the complaint or may determine to advise the notary public of the 31 appropriate conduct and the applicable statutes and regulations governing the conduct.
01 If the lieutenant governor determines that formal disciplinary action is not warranted, 02 the lieutenant governor shall provide the complainant and the notary public with a 03 written statement of the basis for the determination. 04 (e) If the lieutenant governor finds that formal disciplinary action may be 05 warranted, the lieutenant governor shall appoint an independent hearing officer to 06 consider the complaint and the response, to provide the complainant and the notary 07 public with an opportunity for a telephonic or in-person hearing before the hearing 08 officer within a reasonable time after a hearing is requested, and to provide to the 09 lieutenant governor a proposed decision, including proposed disciplinary action. The 10 lieutenant governor may 11 (1) adopt the hearing officer's proposed decision in its entirety; 12 (2) adopt portions of the proposed decision and modify the proposed 13 disciplinary action; 14 (3) decide the case upon the record generated from the hearing; or 15 (4) refer the case to the same or another hearing officer to take 16 additional evidence and decide the case upon the record generated from the hearing 17 and the additional evidence. 18 (f) The lieutenant governor may delegate the powers under AS 44.50.067 and 19 this section. 20 (g) An appeal from a decision of the lieutenant governor under this section 21 shall be in accordance with the procedures set out in AS 44.62 (Administrative 22 Procedure Act). 23 Sec. 44.50.069. Regulations. The lieutenant governor may adopt regulations 24 under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this 25 chapter. 26 * Sec. 12. AS 44.50 is amended by adding a new section to read: 27 Sec. 44.50.071. Confidentiality. (a) An address, telephone number, and 28 electronic mail address of a notary public or an applicant that is submitted under 29 AS 44.50.031 or 44.50.038 and that is designated by the notary public or applicant as 30 personal and confidential shall be kept confidential. However, a notary public shall 31 provide a nonconfidential address and telephone number at which the notary public
01 can be contacted. 02 (b) Compilations and data bases of those addresses, telephone numbers, and 03 electronic mail addresses of notaries public that are confidential under (a) of this 04 section shall be kept confidential, except that the lieutenant governor may disclose 05 compilations and data bases if the lieutenant governor determines that disclosure is in 06 the public interest. 07 (c) A complaint filed under AS 44.50.068 shall be kept confidential unless the 08 lieutenant governor determines under AS 44.50.068(c) that the complaint alleges 09 sufficient facts to constitute good cause for disciplinary action. 10 * Sec. 13. AS 44.50 is amended by adding a new section to read: 11 Sec. 44.50.200. Definitions. In this chapter, unless the context otherwise 12 requires, 13 (1) "notarial act" means any act that a notary public is authorized to 14 perform under AS 09.63.120 or AS 44.50.060; 15 (2) "notary public" means a person commissioned to perform notarial 16 acts under this chapter. 17 * Sec. 14. AS 44.50.030, 44.50.040, 44.50.070, 44.50.080, 44.50.090, 44.50.100, 18 44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, 44.50.180(c), and 44.50.190 are 19 repealed. 20 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 APPLICABILITY. (a) AS 44.50.010, repealed and reenacted by sec. 7 of this Act, 23 and AS 44.50.031, 44.50.033, 44.50.035, 44.50.036, 44.50.037, and 44.50.039, enacted by 24 sec. 9 of this Act, do not apply to a notary public whose commission is in effect on the day 25 before the effective date of secs. 1 - 14 of this Act until the notary public's term of office 26 expires under former AS 44.50.030, the notary public resigns under AS 44.50.066, enacted by 27 sec. 11 of this Act, or the notary public's commission is revoked under AS 44.50.067, enacted 28 by sec. 11 of this Act. 29 (b) Notwithstanding (a) of this section, if a notary public whose commission is in 30 effect on the day before the effective date of secs. 1 - 14 of this Act has been incarcerated in a 31 correctional facility for a felony conviction within 10 years before the notary public's term of
01 office expires under former AS 44.50.030, the lieutenant governor may take an action under 02 AS 44.50.067, enacted by sec. 11 of the Act, against the notary public. 03 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 04 read: 05 TRANSITION: REGULATIONS. The lieutenant governor may proceed to adopt 06 regulations necessary to implement the changes made by this Act. The regulations take effect 07 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 08 respective statutory change. 09 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 10 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect July 1, 2004.