Enrolled HB 97: 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.
00Enrolled HB 97 01 Relating to the authority to take oaths, affirmations, and acknowledgments in the state, to 02 notarizations, to verifications, to acknowledgments, to fees for issuing certificates with the 03 seal of the state affixed, and to notaries public; and providing for an effective date. 04 _______________ 05 * Section 1. AS 09.63.010 is amended to read: 06 Sec. 09.63.010. Oath, affirmation, and acknowledgment. The following 07 persons may take an oath, affirmation, or acknowledgment in the state: 08 (1) a justice, judge, or magistrate of a court of the State of Alaska or of 09 the United States; 10 (2) a clerk or deputy clerk of a court of the State of Alaska or of the 11 United States; 12 (3) a notary public; 13 (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 - 44.50.065 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 - 44.50.065 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, acknowledged that the person signed the instrument on 13 behalf of the corporation by proper authority, and acknowledged that 14 the instrument was the act of the corporation for the purposes stated in 15 it; 16 (iii) a member or manager of a limited liability 17 company, acknowledged that the individual signed the instrument 18 on behalf of the limited liability company by proper authority and 19 executed the instrument as the act of the limited liability company 20 for the purposes stated in it; 21 (iv) a partner or agent of a partnership, limited 22 partnership, or limited liability partnership, acknowledged that the 23 person signed the instrument on behalf of the partnership by proper 24 authority and executed the instrument as the act of the partnership for 25 the purposes stated in it; 26 (v) [(iv)] a person acknowledging as a principal by an 27 attorney in fact, acknowledged that the person executed the instrument 28 by proper authority as the act of the principal for the purposes stated in 29 it; 30 (vi) [(v)] a person acknowledging as a public officer, 31 trustee, administrator, guardian, or other representative, acknowledged
01 that the person signed the instrument in the capacity and for the 02 purposes stated in it; and 03 (2) the person taking the acknowledgment either knew or had 04 satisfactory evidence that the person acknowledging is the person named in the 05 instrument or certificate. 06 * Sec. 5. AS 09.63.100 is amended to read: 07 Sec. 09.63.100. Forms of acknowledgment. (a) The forms of 08 acknowledgment set out in this subsection may be used and are sufficient for their 09 respective purposes under a law of the state. The authorization of the forms in this 10 section does not preclude the use of other forms. 11 (1) For an individual acting in the individual's own right: 12 State of ______________________________________ Judicial 13 District (or County of ________________________ or Municipality 14 of ___________________) 15 The foregoing instrument was acknowledged before me this 16 (date) by (name of person who acknowledged). 17 _______________________________ 18 Signature of Person Taking 19 Acknowledgment 20 _______________________________ 21 Title or Rank 22 _______________________________ 23 Serial Number, if any 24 (2) For a corporation: 25 State of ______________________________________ Judicial 26 District (or County of ________________________ or Municipality 27 of ___________________) 28 The foregoing instrument was acknowledged before me this 29 (date) by (name of officer or agent, title of officer or agent) of (name of 30 corporation acknowledging) a (state or place of incorporation) 31 corporation, on behalf of the corporation.
01 _______________________________ 02 Signature of Person Taking 03 Acknowledgment 04 _______________________________ 05 Title or Rank 06 _______________________________ 07 Serial Number, if any 08 (3) For a limited liability company: 09 State of _____________________________________ Judicial 10 District (or County of __________________ or Municipality of 11 ___________________) 12 The foregoing instrument was acknowledged before me this 13 (date) by (name of member or manager), member (or manager) of 14 (name of limited liability company acknowledging) a (state or place 15 of organization) limited liability company, on behalf of the limited 16 liability company. 17 _______________________________ 18 Signature of Person Taking 19 Acknowledgment 20 _______________________________ 21 Member (or Manager) 22 _______________________________ 23 Serial Number, if any 24 (4) For a partnership: 25 State of ______________________________________ Judicial 26 District (or County of ________________________ or Municipality 27 of ___________________) 28 The foregoing instrument was acknowledged before me this 29 (date) by (name of acknowledging partner or agent), partner (or agent) 30 on behalf of (name of partnership), a (partnership, limited 31 partnership, or limited liability partnership).
01 _______________________________ 02 Signature of Person Taking 03 Acknowledgment 04 _______________________________ 05 Title or Rank 06 _______________________________ 07 Serial Number, if any 08 (5) [(4)] For an individual acting as principal by an attorney in fact: 09 State of ______________________________________ Judicial 10 District (or County of ________________________ or Municipality 11 of ___________________) 12 The foregoing instrument was acknowledged before me this 13 (date) by (name of attorney in fact) as attorney in fact on behalf of 14 (name of principal). 15 _______________________________ 16 Signature of Person Taking 17 Acknowledgment 18 _______________________________ 19 Title or Rank 20 _______________________________ 21 Serial Number, if any 22 (6) [(5)] By a public officer, trustee, or personal representative: 23 State of ______________________________________ Judicial 24 District (or County of ________________________ or Municipality 25 of ___________________) 26 The foregoing instrument was acknowledged before me this 27 (date) by (name and title of position). 28 _______________________________ 29 Signature of Person Taking 30 Acknowledgment 31 _______________________________
01 Title or Rank 02 _______________________________ 03 Serial Number, if any 04 (b) If a document is acknowledged before a notary public of the state, the 05 notary public shall 06 (1) affix [ENDORSE AFTER THE NOTARY'S SIGNATURE THE 07 DATE OF EXPIRATION OF THE NOTARY'S COMMISSION; 08 (2) PRINT OR EMBOSS THE NOTARY'S SEAL] on the document 09 the 10 (A) notary public's official signature and official seal; and 11 (B) date of expiration of the notary public's commission; 12 and 13 (2) [; (3)] comply with AS 44.50.060 - 44.50.065 and [AS 44.50.060 - 14 44.50.080 OR] other law. 15 * Sec. 6. AS 44.19.024 is amended to read: 16 Sec. 44.19.024. Fees for issuing certificate. For issuing each certificate with 17 the seal of the state affixed, the lieutenant governor shall collect a fee of $5 for each 18 certificate [$2 FOR THE FIRST THREE FOLIOS OR LESS AND 20 CENTS PER 19 FOLIO FOR EACH ADDITIONAL FOLIO. THE LIEUTENANT GOVERNOR 20 SHALL ACCOUNT FOR THE FEES RECEIVED UNDER THIS SECTION AND 21 SHALL PAY THEM INTO THE STATE TREASURY]. 22 * Sec. 7. AS 44.50.010 is repealed and reenacted to read: 23 Sec. 44.50.010. Notary public commission; term. (a) The lieutenant 24 governor may commission for the state 25 (1) notaries public without limitation, who are authorized to use the 26 notary seal for all legal purposes; and 27 (2) limited governmental notaries public, who are state, municipal, or 28 federal employees authorized to use the notary seal only for official government 29 business. 30 (b) The term of a notary public commission is four years, except that the term 31 of a limited governmental notary public commission coincides with the term of
01 government employment. 02 (c) A person who is a state, municipal, or federal employee commissioned as a 03 limited governmental notary public may also be commissioned as a notary public 04 without limitation. 05 * Sec. 8. AS 44.50.020 is repealed and reenacted to read: 06 Sec. 44.50.020. Qualifications. To be commissioned as a notary public, a 07 person 08 (1) shall submit an application under AS 44.50.032; 09 (2) shall be at least 18 years of age; 10 (3) shall have established residency in this state under AS 01.10.055; 11 (4) shall reside legally in the United States; 12 (5) may not, within 10 years before the commission takes effect, have 13 been convicted of a felony or incarcerated in a correctional facility for a felony 14 conviction; 15 (6) may not, within 10 years before the commission takes effect, 16 (A) have had the person's notary public commission revoked 17 under AS 44.50.068(a)(2) or (4) or under the notary public laws of another 18 jurisdiction for a substantially similar reason; 19 (B) have had the person's notary public commission revoked 20 under AS 44.50.068(a)(3), unless the person has reestablished residency in this 21 state under AS 01.10.055 before the person submits the application; 22 (C) have been disciplined under AS 44.50.068 if, at the time 23 the person applies for a notary public commission under this chapter, the 24 disciplinary action prohibits the person from holding a notary public 25 commission; or 26 (D) have been disciplined under the notary public laws of 27 another jurisdiction if, at the time the person applies for a notary public 28 commission under this chapter, the disciplinary action prohibits the person 29 from holding a notary public commission; and 30 (7) shall meet the other requirements in this chapter to be 31 commissioned as a notary public.
01 * Sec. 9. AS 44.50 is amended by adding new sections to read: 02 Sec. 44.50.032. Application. (a) A person applying for a commission as a 03 notary public shall submit a completed application as required by this section, using 04 the forms or format required by the lieutenant governor. 05 (b) A completed application for a commission under AS 44.50.010(a)(1) must 06 include 07 (1) an affirmation that the applicant meets the qualifications set out in 08 AS 44.50.020(2) - (6); 09 (2) the applicant's mailing and physical addresses; the applicant's 10 telephone number, if any; the applicant's employer or business; the physical address 11 and telephone number of the applicant's employer or business at the location where the 12 applicant works; and an electronic mailing address, if any, where the applicant can be 13 contacted; 14 (3) information concerning any denial, suspension, revocation, or 15 restriction of the applicant's commission as a notary public in this state or another 16 jurisdiction; that information must include 17 (A) identification of the jurisdiction; 18 (B) the date the jurisdiction issued the denial, suspension, 19 revocation, or restriction; 20 (C) the reasons for the denial, suspension, revocation, or 21 restriction; and 22 (D) information concerning final resolution of the matter; 23 (4) the applicant's notarized signature on the portion of the application 24 that contains the oath or affirmation required by AS 44.50.035; 25 (5) the fee required by AS 44.50.033; and 26 (6) the bond required by AS 44.50.034. 27 (c) A completed application for a commission under AS 44.50.010(a)(2) must 28 include 29 (1) a signed statement by the applicant's government employer that the 30 commission is needed for the purpose of conducting official government business; 31 (2) the applicant's mailing and physical addresses; the applicant's
01 telephone number, if any; the applicant's employer; the name, address, and telephone 02 number for the employer where the applicant works; and an electronic mailing 03 address, if any, where the applicant can be contacted; 04 (3) the affirmation, information, and signature required by (b)(1), (3), 05 and (4) of this section; and 06 (4) the fee required by AS 44.50.033. 07 Sec. 44.50.033. Application fee. A person applying for a commission as a 08 notary public shall pay a nonrefundable application fee of $40. However, an applicant 09 for a limited governmental notary public commission under AS 44.50.010(a)(2) who is 10 employed by the state may not be required to pay an application fee. 11 Sec. 44.50.034. Bond. (a) A person applying for a commission as a notary 12 public without limitation under AS 44.50.010(a)(1) shall execute an official bond of 13 $1,000 and submit the bond with the application under AS 44.50.032. The bond must 14 be for a term of four years from the date of commission. 15 (b) The lieutenant governor shall keep a bond submitted under this section for 16 two years after the end of the term of the commission for which the bond was issued. 17 Disposition of the bond after the end of the commission does not affect the time for 18 commencing an action on the bond. 19 Sec. 44.50.035. Oath. The application required by the lieutenant governor 20 under AS 44.50.032 must contain an oath or affirmation, in the form set out in 21 AS 39.05.045, to be signed by the applicant. A signed oath or affirmation submitted 22 in an application under AS 44.50.032 takes effect on the date of the applicant's 23 commission as a notary public under this chapter. 24 Sec. 44.50.036. Denial of applications. The lieutenant governor shall deny 25 an application for a notary public commission if the 26 (1) applicant does not meet the requirements of this chapter; 27 (2) application is not complete or contains a material misstatement or 28 omission of fact relating to the requirements for a commission under this chapter; 29 (3) applicant has, within 10 years before the commission is to take 30 effect, been convicted of a felony or incarcerated in a correctional facility for a felony 31 conviction; or
01 (4) applicant's commission as a notary public has been revoked, within 02 10 years before the commission is to take effect, in 03 (A) this state for a reason stated in 04 (i) AS 44.50.068(a)(2) or (4); 05 (ii) AS 44.50.068(a)(3), unless the person has 06 reestablished residency in this state under AS 01.10.055 before the 07 person submits the application; or 08 (B) another jurisdiction for a reason substantially similar to 09 AS 44.50.068(a)(2) or (4). 10 Sec. 44.50.037. Certificate of commission. Upon commission of a notary 11 public under this chapter, the lieutenant governor shall provide to the notary public a 12 certificate of commission indicating the commission and the dates of the term of the 13 commission. 14 Sec. 44.50.038. Subsequent commissions. A notary public whose term of 15 commission is ending may apply for a new notary public commission by submitting a 16 new application under AS 44.50.032 and complying with the requirements of this 17 chapter. The lieutenant governor's approval of a new application for a commission for 18 a notary public without limitation under AS 44.50.010(a)(1) terminates an applicant's 19 existing commission under that paragraph. 20 Sec. 44.50.039. Limited governmental notaries public. A state, municipal, 21 or federal employee commissioned as a notary public under AS 44.50.010(a)(2) 22 (1) is designated a limited governmental notary public; 23 (2) may perform notarial acts only in the conduct of official 24 government business; and 25 (3) may not charge or receive a fee or other consideration for notarial 26 services provided under this chapter. 27 * Sec. 10. AS 44.50.060 is amended to read: 28 Sec. 44.50.060. Duties. A notary public may [SHALL] 29 (1) administer oaths and affirmations [WHEN REQUESTED, 30 DEMAND ACCEPTANCE AND PAYMENT OF FOREIGN AND INLAND BILLS 31 OF EXCHANGE, OR PROMISSORY NOTES, PROTEST THEM FOR
01 NONACCEPTANCE AND NONPAYMENT, AND EXERCISE THE OTHER 02 POWERS AND DUTIES THAT BY THE LAW OF NATIONS AND ACCORDING 03 TO COMMERCIAL USAGES, OR BY THE LAWS OF ANY OTHER STATE, 04 GOVERNMENT, OR COUNTRY, MAY BE PERFORMED BY NOTARIES]; 05 (2) take the acknowledgment of or proof of execution of [POWERS 06 OF ATTORNEY, MORTGAGES, DEEDS, GRANTS, TRANSFERS, AND OTHER] 07 instruments in [OF] writing, and give a notarial certificate of the proof or 08 acknowledgment, included in [ENDORSED ON] or attached to the instrument; the 09 notarial certificate shall be signed by the notary public in the notary public's 10 [NOTARY'S] own handwriting or by electronic means as authorized by 11 regulations adopted by the lieutenant governor [; 12 (3) TAKE DEPOSITIONS AND AFFIDAVITS, AND ADMINISTER 13 OATHS AND AFFIRMATIONS, IN ALL MATTERS INCIDENT TO THE DUTIES 14 OF THE OFFICE, OR TO BE USED BEFORE A COURT, JUDGE, OFFICER, OR 15 BOARD IN THE STATE; A DEPOSITION, AFFIDAVIT, OATH, OR 16 AFFIRMATION SHALL BE SIGNED BY THE NOTARY IN THE NOTARY'S 17 OWN HANDWRITING, AND THE NOTARY SHALL ENDORSE AFTER THE 18 SIGNATURE THE DATE OF EXPIRATION OF THE NOTARY'S COMMISSION]. 19 * Sec. 11. AS 44.50 is amended by adding new sections to read: 20 Sec. 44.50.061. Unauthorized practice. (a) A notary public who is not an 21 attorney may complete but may not select notarial certificates, and may not assist 22 another person in drafting, completing, selecting, or understanding a document or 23 transaction requiring a notarial act. 24 (b) This section does not prohibit a notary public who is qualified in and, if 25 required, licensed to practice, a particular profession from giving advice relating to 26 matters in that professional field. 27 (c) A notary public may not make representations to have powers, 28 qualifications, rights, or privileges that the office of notary public does not have. 29 Sec. 44.50.062. Prohibited acts. A notary public may not 30 (1) violate state or federal law in the performance of acts authorized by 31 this chapter;
01 (2) influence a person to enter into or avoid a transaction involving a 02 notarial act by the notary public; 03 (3) affix the notary public's signature or seal on a notarial certificate 04 that is incomplete; 05 (4) charge a fee for a notarial act unless a fee schedule has been 06 provided to the signer before the performance of the notarial act; 07 (5) affix the notary public's official seal to a document unless the 08 person who is to sign the document 09 (A) appears and signs the document before the notary public or, 10 for an acknowledgment, appears and indicates to the notary public that the 11 person voluntarily affixed the person's signature on the document for the 12 purposes stated within the document; 13 (B) gives an oath or affirmation if required under law or if the 14 notarial certificate states that the document was signed under oath or 15 affirmation; and 16 (C) is personally known to the notary public, produces 17 government-issued identification containing the photograph and signature of 18 the person signing, or produces 19 (i) government-issued identification containing the 20 signature of the person signing, but without a photograph; and 21 (ii) another valid identification containing the 22 photograph and signature of the person signing; 23 (6) perform a notarial act if the notary public 24 (A) is a signer of or named in the document that is to be 25 notarized; or 26 (B) will receive directly from a transaction connected with the 27 notarial act a commission, fee, advantage, right, title, interest, cash, property, 28 or other consideration exceeding in value the normal fee charged by the notary 29 for the notarial act. 30 Sec. 44.50.063. Official signature. (a) When performing a notarization, a 31 notary public shall
01 (1) sign in the notary public's own handwriting, on the notarial 02 certificate, exactly and only the name indicated on the notary public's commission 03 certificate, or sign an electronic document by electronic means as authorized by 04 regulations adopted by the lieutenant governor; and 05 (2) affix the official signature only at the time the notarial act is 06 performed. 07 (b) A notary public shall comply in a timely manner with a request by the 08 lieutenant governor to supply a current sample of the notary public's official 09 handwritten signature and information regarding the notary public's electronic 10 signature. 11 (c) Within 10 days after the security of a notary public's electronic signature 12 has been compromised, the notary public shall provide the lieutenant governor with 13 written notification that the signature has been compromised. After the notary public 14 has provided the lieutenant governor with the notification, the notary public shall 15 provide the lieutenant governor with any additional information that the lieutenant 16 governor requests about the compromise of the signature. 17 Sec. 44.50.064. Official seal. (a) A notary public shall keep an official seal, 18 which is the exclusive property of the notary public, and shall ensure that another 19 person does not possess or use the official seal. 20 (b) A notary public's official seal 21 (1) must contain 22 (A) the notary public's name exactly as indicated on the notary 23 public's commission certificate; 24 (B) the words "Notary Public" and "State of Alaska"; and 25 (2) may be a circular form not over two inches in diameter, may be a 26 rectangular form not more than one inch in width by two and one-half inches in 27 length, or may be an electronic form as authorized by regulations adopted by the 28 lieutenant governor. 29 (c) When not in use, a notary public's official seal shall be kept secure and 30 under the exclusive control of the notary public. 31 (d) Within 10 days after a notary public's official seal is stolen or lost, or the
01 security of the notary public's official electronic seal is compromised, the notary 02 public shall provide the lieutenant governor with written notification of the theft, loss, 03 or compromised security. After the notary public has provided the lieutenant governor 04 with the notification, the notary public shall provide the lieutenant governor with any 05 additional information that the lieutenant governor requests about the compromise of 06 the seal. 07 (e) In order to avoid misuse, a notary public's official seal shall be destroyed 08 or defaced 09 (1) upon the notary public's resignation or death; 10 (2) upon the revocation or termination by the lieutenant governor of 11 the notary public's commission; or 12 (3) when the notary public's term of commission ends if the notary 13 public has not received a new commission under this chapter. 14 Sec. 44.50.065. Seal impression or depiction. (a) With regard to each paper 15 document being notarized, a sharp, legible, photographically reproducible impression 16 or depiction of a notary public's official seal shall be affixed 17 (1) on the notarial certificate near the notary public's official signature; 18 and 19 (2) only at the time the notarial act is performed. 20 (b) For a notarized paper document, illegible information within a seal 21 impression or depiction may be typed or printed legibly by the notary public adjacent 22 to, but not within, the impression or depiction. 23 (c) An embossed seal impression that is not photographically reproducible 24 may be used in addition to, but not in place of, the seal impression or depiction 25 required by (a) of this section. 26 (d) A notary public may use a seal in electronic form on electronic documents 27 notarized by the notary public as authorized by regulations adopted by the lieutenant 28 governor. The seal shall be affixed only at the time the notarial act is performed. 29 Sec. 44.50.066. Notary public's status notification. (a) Within 30 days after 30 change of a notary public's name, mailing address, or physical address, the notary 31 public shall, on a form provided by the lieutenant governor, submit written notification
01 of the change, signed by the notary public. 02 (b) The lieutenant governor may require limited governmental notaries public 03 commissioned under AS 44.50.010(a)(2) who change departmental or agency 04 employers to submit written notification of the change on a form provided by the 05 lieutenant governor. 06 (c) A notary public commissioned under AS 44.50.010(a)(1) reporting a name 07 change shall submit to the lieutenant governor payment of the fee under AS 44.19.024 08 for the issuance of a replacement certificate of commission. 09 (d) A notary public reporting a name change under (a) and (c) of this section 10 shall use the person's former name for the performance of notarial acts until the person 11 has 12 (1) provided written notification of the name change to the surety for 13 any bond required under AS 44.50.034; 14 (2) received a replacement certificate of commission reflecting the 15 name change from the lieutenant governor; and 16 (3) obtained a new seal reflecting the name change. 17 (e) The lieutenant governor may require a notary public to update the 18 information required under AS 44.50.032, including the notary public's current 19 notarized signature and information regarding the notary public's electronic signature. 20 Sec. 44.50.067. Resignation. (a) To resign a commission, a notary public 21 shall notify the lieutenant governor in writing of the resignation and the date that it is 22 effective. The notary public shall sign the notification. 23 (b) A notary public who does not any longer meet the requirements of this 24 chapter to be a notary public shall immediately resign the commission. 25 Sec. 44.50.068. Disciplinary action; complaint; appeal; hearing; 26 delegation. (a) The lieutenant governor may suspend or revoke a notary public's 27 commission or reprimand a notary public for good cause shown, including 28 (1) a ground on which an application for a commission may be denied; 29 (2) failure to comply with this chapter; 30 (3) failure to maintain residency in this state under AS 01.10.055; and 31 (4) incompetence or malfeasance in carrying out the notary public's
01 duties under this chapter. 02 (b) A person harmed by the actions of a notary public may file a complaint 03 with the lieutenant governor. The complaint shall be filed on a form prescribed by the 04 lieutenant governor and shall be signed and verified by the person alleging misconduct 05 by the notary public. 06 (c) If the lieutenant governor determines that the allegations in the complaint 07 do not warrant formal disciplinary action, the lieutenant governor may decline to act 08 on the complaint or may advise the notary public of the appropriate conduct and the 09 applicable statutes and regulations governing the conduct. The lieutenant governor 10 shall notify the notary public and the complainant of the determination in writing. 11 (d) If the lieutenant governor determines that the complaint alleges sufficient 12 facts to constitute good cause for disciplinary action, the lieutenant governor shall 13 serve the notary public with a copy of the complaint as provided in Rule 4, Alaska 14 Rules of Civil Procedure. The notary public may file a written response to the 15 complaint with the lieutenant governor within 20 days after receipt of the complaint. 16 The lieutenant governor may extend the time for the notary public's response. The 17 lieutenant governor shall provide a copy of the notary public's response to the 18 complainant. 19 (e) The lieutenant governor shall review the complaint and the response to 20 determine whether formal disciplinary action may be warranted. The lieutenant 21 governor may determine that the allegations in the complaint do not warrant formal 22 disciplinary action, in which case the lieutenant governor may determine not to take 23 further action on the complaint or may determine to advise the notary public of the 24 appropriate conduct and the applicable statutes and regulations governing the conduct. 25 If the lieutenant governor determines that formal disciplinary action is not warranted, 26 the lieutenant governor shall provide the complainant and the notary public with a 27 written statement of the basis for the determination. 28 (f) If the lieutenant governor finds that formal disciplinary action may be 29 warranted, the lieutenant governor may suspend or revoke a notary public's 30 commission or reprimand a notary public. If the lieutenant governor suspends or 31 revokes the commission or issues a reprimand, the lieutenant governor shall provide,
01 by certified mail, the notary public with a written statement of the lieutenant 02 governor's decision, including a written statement of the basis for the determination. 03 (g) A person who is issued a reprimand, suspension, or revocation under (f) of 04 this section may appeal the reprimand, suspension, or revocation by requesting a 05 hearing within 15 days after receiving the statement provided under (f) of this section. 06 If a hearing is requested, the lieutenant governor shall deny or grant the request under 07 AS 44.64.060(b) and refer the matter to the office of administrative hearings under 08 AS 44.64.060(b). 09 (h) The lieutenant governor may delegate the powers under this section. 10 * Sec. 12. AS 44.50 is amended by adding new sections to read: 11 Sec. 44.50.071. Confidentiality. (a) An address, telephone number, and 12 electronic mail address of a notary public or an applicant that is submitted under 13 AS 44.50.032 or 44.50.038 and that is designated by the notary public or applicant as 14 confidential shall be kept confidential. However, a notary public shall provide a 15 nonconfidential address and telephone number at which the notary public can be 16 contacted. 17 (b) Compilations and data bases of those addresses, telephone numbers, and 18 electronic mail addresses of notaries public that are confidential under (a) of this 19 section shall be kept confidential, except that the lieutenant governor may disclose 20 compilations and data bases if the lieutenant governor determines that disclosure is in 21 the public interest. 22 (c) A complaint filed under AS 44.50.068 shall be kept confidential unless the 23 lieutenant governor determines under AS 44.50.068(d) that the complaint alleges 24 sufficient facts to constitute good cause for disciplinary action. 25 Sec. 44.50.072. Regulations. The lieutenant governor may adopt regulations 26 under AS 44.62 (Administrative Procedure Act) to carry out the purposes of this 27 chapter. 28 Sec. 44.50.073. Published summary. The lieutenant governor may publish 29 by electronic means for commissioned notaries public a summary of the provisions of 30 this chapter and the regulations adopted under this chapter. The lieutenant governor 31 shall, upon request, distribute the summary to each person who is commissioned a
01 notary public under this chapter. 02 * Sec. 13. AS 44.50 is amended by adding a new section to read: 03 Sec. 44.50.200. Definitions. In this chapter, unless the context otherwise 04 requires, 05 (1) "convicted" or "conviction" means that the person has entered a 06 plea of guilty, guilty but mentally ill, or nolo contendere, or has been found guilty or 07 guilty but mentally ill by a court or jury; 08 (2) "notarial act" means an act that is identified as a notarial act under 09 AS 09.63.120 and an act that a notary public is directed to perform under 10 AS 44.50.060; 11 (3) "notary public" means a person commissioned to perform notarial 12 acts under this chapter. 13 * Sec. 14. AS 44.50.030, 44.50.040, 44.50.070, 44.50.080, 44.50.090, 44.50.100, 14 44.50.110, 44.50.120, 44.50.130, 44.50.140, 44.50.170, 44.50.180(c), and 44.50.190 are 15 repealed. 16 * Sec. 15. The uncodified law of the State of Alaska is amended by adding a new section to 17 read: 18 APPLICABILITY. (a) AS 44.50.010, repealed and reenacted by sec. 7 of this Act, 19 and AS 44.50.032, 44.50.033, 44.50.035, 44.50.036, 44.50.037, and 44.50.039, enacted by 20 sec. 9 of this Act, do not apply to a notary public whose commission is in effect on the day 21 before the effective date of secs. 1 - 14 of this Act until the notary public's term of office 22 expires under former AS 44.50.030, the notary public resigns under AS 44.50.067, enacted by 23 sec. 11 of this Act, or the notary public's commission is revoked under AS 44.50.068, enacted 24 by sec. 11 of this Act. 25 (b) Notwithstanding (a) of this section, if a notary public whose commission is in 26 effect on the day before the effective date of secs. 1 - 14 of this Act has been, within 10 years 27 before the notary public's term of office expires under former AS 44.50.030, convicted of a 28 felony or incarcerated in a correctional facility for a felony conviction, the lieutenant governor 29 may take an action under AS 44.50.068, enacted by sec. 11 of the Act, against the notary 30 public. In this subsection, "convicted" and "conviction" have the meanings given in 31 AS 44.50.200.
01 * Sec. 16. The uncodified law of the State of Alaska is amended by adding a new section to 02 read: 03 TRANSITION: REGULATIONS. The lieutenant governor may proceed to adopt 04 regulations necessary to implement the changes made by this Act. The regulations take effect 05 under AS 44.62 (Administrative Procedure Act), but not before the effective date of the 06 respective statutory change. 07 * Sec. 17. Section 16 of this Act takes effect immediately under AS 01.10.070(c). 08 * Sec. 18. Except as provided in sec. 17 of this Act, this Act takes effect July 1, 2005.