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SPONSOR SUBSTITUTE FOR SENATE BILL NO. 109
IN THE LEGISLATURE OF THE STATE OF ALASKA
THIRTY-FIRST LEGISLATURE - SECOND SESSION
BY SENATOR HUGHES
Introduced: 2/21/20
Referred: Judiciary, Finance
A BILL
FOR AN ACT ENTITLED
1 "An Act relating to the recording of documents; relating to notaries and notarization,
2 including notarial acts performed for remotely located individuals; and providing for an
3 effective date."
4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
5 * Section 1. AS 40.17.020(a) is amended to read:
6 (a) A conveyance that is eligible for recording under AS 40.17.030 and
7 40.17.110 may be offered for recording only in the recording district in which land
8 affected by the conveyance is located. If land affected by the conveyance is located in
9 more than one recording district, an original conveyance or an electronic version of
10 the conveyance may be offered for recording in the recording district in which part of
11 the land is located and an original, [OR] a certified copy, or an electronic version of
12 the conveyance may be offered for recording in each other recording district in which
13 part of the land is located. A certified copy or an electronic version of the
14 conveyance recorded has the same effect from the time it is recorded as though it were
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1 the original conveyance.
2 * Sec. 2. AS 40.17.030(a) is amended to read:
3 (a) Except as provided in (b), (c), and (e) of this section, to be eligible for
4 recording, a document must
5 (1) contain original signatures; original signatures may be provided
6 in electronic form;
7 (2) be legible or capable of being converted into legible form by a
8 machine or device used in the recording office;
9 (3) be capable of being copied by the method used in the recording
10 office;
11 (4) contain a title reflecting the overall intent of the document;
12 (5) contain the information needed to index the document under
13 regulations of the department;
14 (6) contain a book and page reference or serial number reference if the
15 document amends, corrects, extends, modifies, assigns, or releases a document
16 previously recorded in this state;
17 (7) contain the name and address of a person to whom the document
18 may be returned after recording;
19 (8) if it is a deed, contain the mailing addresses of all persons named in
20 the document who grant or acquire an interest under the document;
21 (9) contain the name of the recording district in which it is to be
22 recorded; and
23 (10) be accompanied by the applicable recording fee set by regulation;
24 if the document is to be recorded for multiple purposes, it must be accompanied by the
25 applicable fee for each of the multiple purposes.
26 * Sec. 3. AS 40.17 is amended by adding a new section to read:
27 Sec. 40.17.140. Application of electronic provisions. (a) The provisions of
28 AS 09.80 (Uniform Electronic Transactions Act) apply to this chapter.
29 (b) In applying this chapter, the department shall accept notarial acts
30 performed for remotely located individuals under AS 44.50.075.
31 * Sec. 4. AS 44.50.033 is amended to read:
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1 Sec. 44.50.033. Application fee. A person applying for a commission as a
2 notary public shall pay a nonrefundable application fee [OF $40]. The lieutenant
3 governor shall set the amount of the fee by regulation. However, an applicant for a
4 limited governmental notary public commission under AS 44.50.010(a)(2) who is
5 employed by the state may not be required to pay an application fee.
6 * Sec. 5. AS 44.50.034(a) is amended to read:
7 (a) A person applying for a commission as a notary public without limitation
8 under AS 44.50.010(a)(1) shall execute an official bond of $2,500 [$1,000] and submit
9 the bond with the application under AS 44.50.032. The bond must be for a term of
10 four years from the date of commission.
11 * Sec. 6. AS 44.50.060 is amended to read:
12 Sec. 44.50.060. Duties. A notary public may
13 (1) administer oaths and affirmations;
14 (2) take the acknowledgment of or proof of execution of instruments in
15 writing, and give a notarial certificate of the proof or acknowledgment, included in or
16 attached to the instrument; the notarial certificate shall be signed by the notary public
17 in the notary public's own handwriting or by electronic means as authorized by
18 regulations adopted by the lieutenant governor;
19 (3) give a notarial certificate that a tangible copy of an electronic
20 record is an accurate copy of the electronic record.
21 * Sec. 7. AS 44.50.062 is amended to read:
22 Sec. 44.50.062. 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
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1 person who is to sign the document
2 (A) except as provided by AS 44.50.075, appears and signs
3 the document before the notary public or, for an acknowledgment, appears and
4 indicates to the notary public that the person voluntarily affixed the person's
5 signature on the document for the purposes stated within the document;
6 (B) gives an oath or affirmation if required under law or if the
7 notarial certificate states that the document was signed under oath or
8 affirmation; [AND]
9 (C) in the case of a notarial act performed in the physical
10 presence of the notary public, is personally known to the notary public,
11 produces government-issued identification containing the photograph and
12 signature of the person signing, or produces
13 (i) government-issued identification containing the
14 signature of the person signing, but without a photograph; and
15 (ii) another valid identification containing the
16 photograph and signature of the person signing; and
17 (D) in the case of a notarial act performed for a remotely
18 located individual, satisfies the requirements of AS 44.50.075;
19 (6) perform a notarial act if the notary public
20 (A) is a signer of or named in the document that is to be
21 notarized; or
22 (B) will receive directly from a transaction connected with the
23 notarial act a commission, fee, advantage, right, title, interest, cash, property,
24 or other consideration exceeding in value the normal fee charged by the notary
25 for the notarial act.
26 * Sec. 8. AS 44.50.072 is amended to read:
27 Sec. 44.50.072. Regulations. The lieutenant governor shall [MAY] adopt
28 regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes
29 of this chapter.
30 * Sec. 9. AS 44.50.072 is amended by adding new subsections to read:
31 (b) The regulations adopted by the lieutenant governor under this section must
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1 provide standards for
2 (1) communication technology and identity proofing; and
3 (2) sufficient forms of notarial certificates for notarial acts performed
4 for remotely located individuals.
5 (c) The regulations adopted by the lieutenant governor under this section may
6 (1) prescribe the manner of performing notarial acts regarding tangible
7 and electronic records;
8 (2) include provisions to ensure that a change to or tampering with a
9 record bearing a certificate of a notarial act is self-evident;
10 (3) include provisions to ensure integrity in the creation, transmittal,
11 storage, or authentication of electronic records or signatures; and
12 (4) include provisions to prevent fraud or a mistake in the performance
13 of notarial acts.
14 (d) In adopting, amending, or repealing a regulation regarding notarial acts
15 with respect to electronic records, the lieutenant governor shall consider, so far as is
16 consistent with this chapter,
17 (1) the most recent standards regarding electronic records adopted by
18 national bodies;
19 (2) standards, practices, and customs of other jurisdictions with
20 substantially similar provisions; and
21 (3) the views of other governmental officials and entities and other
22 interested persons.
23 (e) A regulation adopted by the lieutenant governor regarding the performance
24 of notarial acts with respect to electronic records may not require, or accord greater
25 legal status or effect to, the implementation or application of a specific technology or
26 technical specification.
27 * Sec. 10. AS 44.50 is amended by adding a new section to read:
28 Sec. 44.50.075. Notarial act performed for remotely located individual. (a)
29 A remotely located individual may comply with AS 44.50.062(5)(A) by using
30 communication technology to appear before a notary public.
31 (b) A notary public located in this state may perform a notarial act using
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1 communication technology for a remotely located individual if
2 (1) the notary public has
3 (A) personal knowledge of the identity of the individual;
4 (B) obtained satisfactory evidence of the identity of the
5 remotely located individual by oath or affirmation from a credible witness
6 appearing before the notary public under AS 44.50.062(5)(A); or
7 (C) obtained satisfactory evidence of the identity of the
8 remotely located individual by using
9 (i) a government-issued identification card;
10 (ii) a credential analysis of the identification card
11 described in (i) of this subparagraph; in this sub-subparagraph,
12 "credential analysis" means a form of identity proofing by which a third
13 person affirms the accuracy of a government-issued identification card;
14 and
15 (iii) at least one type of identity proofing;
16 (2) the notary public is able reasonably to confirm that a record before
17 the notary public is the same record in which the remotely located individual made a
18 statement or on which the individual executed a signature;
19 (3) the notary public, or a person acting on behalf of the notary public,
20 creates an audiovisual recording of the performance of the notarial act; and
21 (4) for a remotely located individual located outside the United States,
22 (A) the record
23 (i) is to be filed with or relates to a matter before a
24 public official, court, governmental entity, or other entity subject to the
25 jurisdiction of the United States; or
26 (ii) involves property located in the territorial
27 jurisdiction of the United States or involves a transaction substantially
28 connected with the United States; and
29 (B) the act of making the statement or signing the record is not
30 prohibited by the foreign state in which the remotely located individual is
31 located.
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1 (c) If a notarial act is performed under this section, the certificate of notarial
2 act required under AS 44.50.060 must state that the notarial act was performed using
3 communication technology. A statement is sufficient if it states substantially as
4 follows: "This notarial act involved the use of communication technology."
5 (d) A notary public, guardian, conservator, or agent of a notary public, or a
6 personal representative of a deceased notary public shall retain the audiovisual
7 recording created under (b)(3) of this section or cause the recording to be retained by a
8 repository designated by or on behalf of the person required to retain the recording.
9 Unless a different period is required by regulation adopted under (f)(4) of this section,
10 the recording must be retained for a period of at least 10 years after the recording is
11 made.
12 (e) Before a notary public performs the notary public's initial notarial act
13 under this section, the notary public shall notify the lieutenant governor that the notary
14 public will be performing notarial acts with respect to remotely located individuals
15 and identify the communication technologies the notary public intends to use. If the
16 lieutenant governor has established standards under (f)(3) of this section or
17 AS 44.50.072 for approval of communication technology or identity proofing, the
18 communication technologies and identity proofing must conform to the standards.
19 (f) In addition to adopting regulations under AS 44.50.072, the lieutenant
20 governor may adopt regulations regarding performance of a notarial act under this
21 section. The regulations may
22 (1) prescribe the means of performing a notarial act involving a
23 remotely located individual using communication technology;
24 (2) establish standards for communication technology and identity
25 proofing;
26 (3) establish requirements or procedures to approve providers of
27 communication technology and the process of identity proofing; and
28 (4) establish standards and a period for the retention of an audiovisual
29 recording created under (b)(3) of this section.
30 (g) Before adopting, amending, or repealing a regulation governing
31 performance of a notarial act with respect to a remotely located individual, the
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1 lieutenant governor shall consider
2 (1) the most recent standards regarding the performance of a notarial
3 act with respect to a rem