Alaska 31st Legislature (2019-2020) Status: Enacted Bipartisan · 2 D · 1 R cosponsors

HB 124 — An Act relating to the recording of documents; relating to notaries and notarization, including notarial acts performed for remotely located individuals; and providing for an effective date.

Last action — (H) EFFECTIVE DATE(S) OF LAW SEE CHAPTER

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced April 05, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 82% · high confidence

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 D · 1 R) — cross-party backing.

  • Mixed recorded votes

    3 passed, 4 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

17 added · 15 removed

Plain-language change summary

The recent amendments to House Bill 124 clarify and modernize the rules regarding the recording of documents and the role of notarization in Alaska. Key changes now explicitly allow electronic documents and signatures to be treated the same as traditional paper versions, which is significant as it makes the process more accessible and efficient, especially for those in remote locations. Additionally, the bill enhances the framework for notarial acts performed using communication technology, which is crucial as more interactions move online. Overall, these updates are designed to streamline procedures while maintaining the integrity and trust necessary in legal documentation.

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Alaska State Legislature The Alaska State Legislature menu Home Senate Current Members Past Members By Session Alphabetical House Current Members Past Members By Session Alphabetical Bills & Laws Bills All Introduced Actions by Date Awaiting Actions Bills sent to Conf Committee Bills in Committee Governor's Vetoes Passed Legislation Prefile Bill Summary Requestor Summary Statistics Sponsor Summary Subject Summary Laws Constitution Constitutional Convention Files Statutes Executive Orders - Current Executive Orders - Historical Administrative Code Journals Session Laws & Resolves Session Laws & Resolves 2019 Session Laws & Resolves 2020 - Previous Year Session Law - Previous Year Legislative Resolves Tools Statute Information Retrieval System Bill Tracking Management Facility Past Legislatures (Archives) Committees Hearing Schedule Standing Committees Finance Committees Special Committees Joint Committees Conference Committees Other Committees Minutes Publications Get Started Information Offices Legislative Affairs Legislative Agencies Links Legislative Branch Executive Branch Judicial Branch Alaska Delegation Home Bill & Laws Bills HB 124 Detail FullText txt HB 124:
relating to notaries and notarization, including notarial acts performed for remotely located individuals;
relating to notaries and notarization;
and providing for an effective date." SPONSOR SUBSTITUTE FOR HOUSE BILL NO.
and providing for an effective date." HOUSE BILL NO.
relating to notaries and notarization, 02 including notarial acts performed for remotely located individuals;
relating to notaries and notarization;
and providing for an 03 effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
02 and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:
05 * Section 1.
04 * Section 1.
06 (a) A conveyance that is eligible for recording under AS 40.17.030 and 07 40.17.110 may be offered for recording only in the recording district in which land 08 affected by the conveyance is located.
05 (a) A conveyance that is eligible for recording under AS 40.17.030 and 06 40.17.110 may be offered for recording only in the recording district in which land 07 affected by the conveyance is located.
If land affected by the conveyance is located in 09 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.
If land affected by the conveyance is located in 08 more than one recording district, an original conveyance or an electronic document 09 of the conveyance may be offered for recording in the recording district in which part 10 of the land is located and an original, [OR] a certified copy, or an electronic 11 document of the conveyance may be offered for recording in each other recording 12 district in which 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 the original conveyance.
A certified copy or an electronic 13 document of the conveyance recorded has the same effect from the time it is 14 recorded as though it were the original conveyance.
02 * Sec.
* Sec.
AS 40.17.030(a) is amended to read:
03 (a) Except as provided in (b), (c), and (e) of this section, to be eligible for 04 recording, a document must 05 (1) contain original signatures;
original signatures may be provided 06 in electronic form;
07 (2) be legible or capable of being converted into legible form by a 08 machine or device used in the recording office;
09 (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.
27 Sec.
02 Sec.
40.17.140.
40.17.025.
Application of electronic provisions.
Validity of electronic documents.
(a) The provisions of 28 AS 09.80 (Uniform Electronic Transactions Act) apply to this chapter.
(a) If a law requires, as a 03 condition for recording, that a document be an original, be on paper or another 04 tangible medium, or be in writing, the requirement is satisfied by an electronic 05 document.
29 (b) In applying this chapter, the department shall accept notarial acts 30 performed for remotely located individuals under AS 44.50.075.
06 (b) If a law requires, as a condition for recording, that a document be signed, 07 the requirement is satisfied by an electronic signature.
31 * Sec.
08 (c) A requirement that a document or a signature associated with a document 09 be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the 10 electronic signature of the person authorized to perform that act, and all other 11 information required to be included, are attached to or logically associated with the 12 document or signature.
A physical or electronic image of a stamp, impression, or seal 13 need not accompany an electronic signature.
14 (d) The recorder may accept for recording a tangible copy of an electronic 15 record containing a notarial certificate as satisfying a requirement that a record 16 accepted for recording be an original, if the notarial officer executing the notarial 17 certificate certifies that the tangible copy is an accurate copy of the electronic record.
18 * Sec.
3.
AS 40.17.030(a) is amended to read:
19 (a) Except as provided in (b), (c), and (e) of this section and AS 40.17.025, to 20 be eligible for recording, a document must 21 (1) contain original signatures;
22 (2) be legible or capable of being converted into legible form by a 23 machine or device used in the recording office;
24 (3) be capable of being copied by the method used in the recording 25 office;
26 (4) contain a title reflecting the overall intent of the document;
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27 (5) contain the information needed to index the document under 28 regulations of the department;
29 (6) contain a book and page reference or serial number reference if the 30 document amends, corrects, extends, modifies, assigns, or releases a document 31 previously recorded in this state;
(7) contain the name and address of a person to whom the document 02 may be returned after recording;
03 (8) if it is a deed, contain the mailing addresses of all persons named in 04 the document who grant or acquire an interest under the document;
05 (9) contain the name of the recording district in which it is to be 06 recorded;
and 07 (10) be accompanied by the applicable recording fee set by regulation;
08 if the document is to be recorded for multiple purposes, it must be accompanied by the 09 applicable fee for each of the multiple purposes.
10 * Sec.
AS 44.50.033 is amended to read:
AS 40.17 is amended by adding a new section to read:
Sec.
11 Sec.
44.50.033.
40.17.033.
Application fee.
Recording of documents.
A person applying for a commission as a 02 notary public shall pay a nonrefundable application fee [OF $40].
(a) The recorder 12 (1) who implements a function listed in this section, shall implement 13 the function in compliance with the standards established by the department under 14 AS 40.17.800;
The lieutenant 03 governor shall set the amount of the fee by regulation.
15 (2) may receive, index, store, archive, and transmit electronic 16 documents;
However, an applicant for a 04 limited governmental notary public commission under AS 44.50.010(a)(2) who is 05 employed by the state may not be required to pay an application fee.
17 (3) may provide for access to and search and retrieval of documents 18 and information by electronic means;
06 * Sec.
19 (4) who accepts electronic documents for recording shall continue to 20 accept paper documents as authorized by state law and shall place entries for both 21 types of documents in the same index under AS 40.17.040;
22 (5) may convert paper documents accepted for recording into 23 electronic form;
24 (6) may convert into electronic form information recorded before the 25 recorder began to record electronic documents;
26 (7) may accept electronically a fee that the recorder is authorized to 27 collect;
28 (8) may agree with other officials of a state or a political subdivision of 29 a state or of the United States on procedures or processes to facilitate the electronic 30 satisfaction of prior approvals and conditions precedent to recording and the electronic 31 payment of fees.
(b) In this section, "paper document" means a document that is received by the 02 recorder in a form that is not electronic.
03 * Sec.
AS 44.50.034(a) is amended to read:
AS 40.17 is amended by adding new sections to read:
07 (a) A person applying for a commission as a notary public without limitation 08 under AS 44.50.010(a)(1) shall execute an official bond of $2,500 [$1,000] and submit 09 the bond with the application under AS 44.50.032.
04 Sec.
The bond must be for a term of 10 four years from the date of commission.
40.17.800.
11 * Sec.
Administration and standards.
(a) In addition to the 05 regulations required or authorized by this chapter, the department shall adopt 06 standards to implement the provisions of this chapter that apply to electronic 07 recording.
08 (b) To keep the standards, practices, and technology of this state in harmony 09 and compatible with the standards and practices of recording offices in other 10 jurisdictions that enact substantially AS 40.17.025, 40.17.033, and this section, the 11 department, so far as is consistent with the purposes, policies, and provisions of 12 AS 40.17.025, 40.17.033, and this section, in adopting, amending, and repealing 13 standards may consider 14 (1) standards and practices of other jurisdictions;
15 (2) the most recent standards adopted by national standard-setting 16 bodies;
17 (3) the views of interested persons and governmental officials and 18 entities;
19 (4) the needs of recording districts of varying size, populations, and 20 resources;
and 21 (5) standards requiring adequate information security protection to 22 ensure that electronic documents are accurate, authentic, adequately preserved, and 23 resistant to tampering.
24 Sec.
40.17.810.
Uniformity of application and construction.
In applying and 25 construing the provisions of AS 40.17.025, 40.17.033, and 40.17.800, consideration 26 must be given to the need to promote uniformity of the law among the states that enact 27 those provisions.
28 Sec.
40.17.820.
Relation to Electronic Signatures in Global and National 29 Commerce Act.
This chapter modifies, limits, and supersedes 15 U.S.C.
7001 - 7031 30 (Electronic Signatures in Global and National Commerce Act) but does not modify, 31 limit, or supersede 15 U.S.C.
7001(c) or authorize electronic delivery of any of the notices described in 15 U.S.C.
7003(b).
02 * Sec.
AS 40.17.900(5) is repealed and reenacted to read:
03 (5) "document" means information that is 04 (A) inscribed on a tangible medium or that is stored in an 05 electronic or other medium and is retrievable in perceivable form;
and 06 (B) eligible to be recorded in the land records maintained by 07 the recorder;
08 * Sec.
7.
AS 40.17.900 is amended by adding new paragraphs to read:
09 (11) "electronic" means relating to technology having electrical, 10 digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
11 (12) "electronic document" means a document that is received by the 12 recorder in an electronic form;
13 (13) "electronic signature" means an electronic sound, symbol, or 14 process attached to or logically associated with a document and executed or adopted 15 by a person with the intent to sign the document.
16 * Sec.
8.
AS 40.17 is amended by adding a new section to read:
17 Sec.
40.17.950.
Short title.
AS 40.17.025, 40.17.033, and 40.17.800 may be 18 cited as the Uniform Real Property Electronic Recording Act.
19 * Sec.
9.
12 Sec.
20 Sec.
A notary public may 13 (1) administer oaths and affirmations;
A notary public may 21 (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;
22 (2) take the acknowledgment of or proof of execution of instruments in 23 writing, and give a notarial certificate of the proof or acknowledgment, included in or 24 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;
the notarial certificate shall be signed by the notary public 25 in the notary public's own handwriting or by electronic means as authorized by 26 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.
27 (3) certify that a tangible copy of an electronic record is an 28 accurate copy of the electronic record.
21 * Sec.
29 * Sec.
7.
10.
22 Sec.
30 Sec.
A notary public may not 23 (1) violate state or federal law in the performance of acts authorized by 24 this chapter;
A notary public may not 31 (1) violate state or federal law in the performance of acts authorized by this chapter;
25 (2) influence a person to enter into or avoid a transaction involving a 26 notarial act by the notary public;
02 (2) influence a person to enter into or avoid a transaction involving a 03 notarial act by the notary public;
27 (3) affix the notary public's signature or seal on a notarial certificate 28 that is incomplete;
04 (3) affix the notary public's signature or seal on a notarial certificate 05 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;
06 (4) charge a fee for a notarial act unless a fee schedule has been 07 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 person who is to sign the document 02 (A) except as provided by AS 44.50.075, appears and signs 03 the document before the notary public or, for an acknowledgment, appears and 04 indicates to the notary public that the person voluntarily affixed the person's 05 signature on the document for the purposes stated within the document;
08 (5) affix the notary public's official seal to a document unless the 09 person who is to sign the document 10 (A) except as provided by AS 44.50.075, appears and signs 11 the document before the notary public or, for an acknowledgment, appears and 12 indicates to the notary public that the person voluntarily affixed the person's 13 signature on the document for the 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;
14 (B) gives an oath or affirmation if required under law or if the 15 notarial certificate states that the document was signed under oath or 16 affirmation;
[AND] 09 (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] 17 (C) in the case of a notarial act performed in the physical 18 presence of the notary public, is personally known to the notary public, 19 produces government-issued identification containing the photograph and 20 signature of the person signing, or produces 21 (i) government-issued identification containing the 22 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 23 (ii) another valid identification containing the 24 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;
and 25 (D) in the case of a notarial act performed for a remotely 26 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;
27 (6) perform a notarial act if the notary public 28 (A) is a signer of or named in the document that is to be 29 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.
or 30 (B) will receive directly from a transaction connected with the 31 notarial act a commission, fee, advantage, right, title, interest, cash, property, or other consideration exceeding in value the normal fee charged by the notary 02 for the notarial act.
26 * Sec.
03 * Sec.
8.
11.
27 Sec.
04 Sec.
The lieutenant governor shall [MAY] adopt 28 regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes 29 of this chapter.
The lieutenant governor shall [MAY] adopt 05 regulations under AS 44.62 (Administrative Procedure Act) to carry out the purposes 06 of this chapter.
30 * Sec.
07 * Sec.
9.
12.
31 (b) The regulations adopted by the lieutenant governor under this section must provide standards for 02 (1) communication technology and identity proofing;
08 (b) The regulations adopted by the lieutenant governor under this section must 09 provide standards for 10 (1) communication technology and identity proofing;
and 03 (2) sufficient forms of notarial certificates for notarial acts performed 04 for remotely located individuals.
and 11 (2) sufficient forms of notarial certificates for notarial acts performed 12 for remotely located individuals.
05 (c) The regulations adopted by the lieutenant governor under this section may 06 (1) prescribe the manner of performing notarial acts regarding tangible 07 and electronic records;
13 (c) The regulations adopted by the lieutenant governor under this section may 14 (1) prescribe the manner of performing notarial acts regarding tangible 15 and electronic records;
08 (2) include provisions to ensure that a change to or tampering with a 09 record bearing a certificate of a notarial act is self-evident;
16 (2) include provisions to ensure that a change to or tampering with a 17 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;
18 (3) include provisions to ensure integrity in the creation, transmittal, 19 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.
and 20 (4) include provisions to prevent fraud or a mistake in the performance 21 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;
22 (d) In adopting, amending, or repealing a regulation regarding notarial acts 23 with respect to electronic records, the lieutenant governor shall consider, so far as is 24 consistent with this chapter, 25 (1) the most recent standards regarding electronic records adopted by 26 national bodies;
19 (2) standards, practices, and customs of other jurisdictions with 20 substantially similar provisions;
27 (2) standards, practices, and customs of other jurisdictions with 28 substantially similar provisions;
and 21 (3) the views of other governmental officials and entities and other 22 interested persons.
and 29 (3) the views of other governmental officials and entities and other 30 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.
31 (e) A regulation adopted by the lieutenant governor regarding the performance of notarial acts with respect to electronic records may not require, or accord greater 02 legal status or effect to, the implementation or application of a specific technology or 03 technical specification.
27 * Sec.
04 * Sec.
10.
13.
28 Sec.
05 Sec.
(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.
(a) 06 A remotely located individual may comply with AS 44.50.062(5)(A) by using 07 communication technology to appear before a notary public.
31 (b) A notary public located in this state may perform a notarial act using communication technology for a remotely located individual if 02 (1) the notary public has 03 (A) personal knowledge of the identity of the individual;
08 (b) A notary public located in this state may perform a notarial act using 09 communication technology for a remotely located individual if 10 (1) the notary public has 11 (A) personal knowledge of the identity of the individual;
04 (B) obtained satisfactory evidence of the identity of the 05 remotely located individual by oath or affirmation from a credible witness 06 appearing before the notary public under AS 44.50.062(5)(A);
12 (B) obtained satisfactory evidence of the identity of the 13 remotely located individual by oath or affirmation from a credible witness 14 appearing before the notary public under AS 44.50.062(5)(A);
or 07 (C) obtained satisfactory evidence of the identity of the 08 remotely located individual by using 09 (i) a government-issued identification card;
or 15 (C) obtained satisfactory evidence of the identity of the 16 remotely located individual by using at least two different types of identity 17 proofing;
10 (ii) a credential analysis of the identification card 11 described in (i) of this subparagraph;
18 (2) is able reasonably to confirm that a record before the notary public 19 is the same record in which the remotely located individual made a statement or on 20 which the individual executed a signature;
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;
21 (3) the notary public, or a person acting on behalf of the notary public, 22 creates an audiovisual recording of the performance of the notarial act;
14 and 15 (iii) at least one type of identity proofing;
and 23 (4) for a remotely located individual located outside the United States, 24 (A) the record 25 (i) is to be filed with or relates to a matter before a 26 public official, court, governmental entity, or other entity subject to the 27 jurisdiction of the United States;
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;
or 28 (ii) involves property located in the territorial 29 jurisdiction of the United States or involves a transaction substantially 30 connected with the United States;
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 31 (B) the act of making the statement or signing the record is not prohibited by the foreign state in which the remotely located individual is 02 located.
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;
03 (c) If a notarial act is performed under this section, the certificate of notarial 04 act required under AS 44.50.060 must state that the notarial act was performed using 05 communication technology.
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;
A statement is sufficient if it states substantially as 06 follows:
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.
"This notarial act involved the use of communication technology." 07 (d) A notary public, guardian, conservator, or agent of a notary public, or a 08 personal representative of a deceased notary public shall retain the audiovisual 09 recording created under (b)(3) of this section or cause the recording to be retained by a 10 repository designated by or on behalf of the person required to retain the recording.
(c) If a notarial act is performed under this section, the certificate of notarial 02 act required under AS 44.50.060 must state that the notarial act was performed using 03 communication technology.
11 Unless a different period is required by regulation adopted under (f)(4) of this section, 12 the recording must be retained for a period of at least 10 years after the recording is 13 made.
A statement is sufficient if it states substantially as 04 follows:
14 (e) Before a notary public performs the notary public's initial notarial act 15 under this section, the notary public shall notify the lieutenant governor that the notary 16 public will be performing notarial acts with respect to remotely located individuals 17 and identify the communication technologies the notary public intends to use.
"This notarial act involved the use of communication technology." 05 (d) A notary public, guardian, conservator, or agent of a notary public, or a 06 personal representative of a deceased notary public shall retain the audiovisual 07 recording created under (b)(3) of this section or cause the recording to be retained by a 08 repository designated by or on behalf of the person required to retain the recording.
If the 18 lieutenant governor has established standards under (f)(3) of this section or 19 AS 44.50.072 for approval of communication technology or identity proofing, the 20 communication technologies and identity proofing must conform to the standards.
09 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.
21 (f) In addition to adopting regulations under AS 44.50.072, the lieutenant 22 governor may adopt regulations regarding performance of a notarial act under this 23 section.
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.
The regulations may 24 (1) prescribe the means of performing a notarial act involving a 25 remotely located individual using communication technology;
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.
26 (2) establish standards for communication technology and identity 27 proofing;
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.
28 (3) establish requirements or procedures to approve providers of 29 communication technology and the process of identity proofing;
The regulations may 22 (1) prescribe the means of performing a notarial act involving a 23 remotely located individual using communication technology;
and 30 (4) establish standards and a period for the retention of an audiovisual 31 recording created under (b)(3) of this section.
24 (2) establish standards for communication technology and identity 25 proofing;
(g) Before adopting, amending, or repealing a regulation governing 02 performance of a notarial act with respect to a remotely located individual, the 03 lieutenant governor shall consider 04 (1) the most recent standards regarding the performance of a notarial 05 act with respect to a remotely located individual adopted by national standard-setting 06 organizations;
26 (3) establish requirements or procedures to approve providers of 27 communication technology and the process of identity proofing;
07 (2) standards, practices, and customs of other jurisdictions that have 08 laws substantially similar to this section;
and 28 (4) establish standards and a period for the retention of an audiovisual 29 recording created under (b)(3) of this section.
and 09 (3) the views of other governmental officials and entities and other 10 interested persons.
30 (g) Before adopting, amending, or repealing a regulation governing 31 performance of a notarial act with respect to a remotely located individual, the lieutenant governor shall consider 02 (1) the most recent standards regarding the performance of a notarial 03 act with respect to a remotely located individual adopted by national standard-setting 04 organizations;
11 (h) By allowing its communication technology or identity proofing to facilitate 12 a notarial act for a remotely located individual or by providing storage of the 13 audiovisual recording created under (b)(3) of this section, the provider of the 14 communication technology, identity proofing, or storage appoints the lieutenant 15 governor as the provider's agent for service of process in any civil action in this state 16 related to the notarial act.
05 (2) standards, practices, and customs of other jurisdictions that have 06 laws substantially similar to this section;
17 (i) In this section, 18 (1) "foreign state" means a jurisdiction other than the United States, a 19 state, or a federally recognized Indian tribe;
and 07 (3) the views of other governmental officials and entities and other 08 interested persons.
20 (2) "outside the United States" means a location outside the geographic 21 boundaries of the United States, the Commonwealth of Puerto Rico, the United States 22 Virgin Islands, and a territory, insular possession, or other location subject to the 23 jurisdiction of the United States.
09 (h) By allowing its communication technology or identity proofing to facilitate 10 a notarial act for a remotely located individual or by providing storage of the 11 audiovisual recording created under (b)(3) of this section, the provider of the 12 communication technology, identity proofing, or storage appoints the lieutenant 13 governor as the provider's agent for service of process in any civil action in this state 14 related to the notarial act.
24 * Sec.
15 (i) In this section, 16 (1) "foreign state" means a jurisdiction other than the United States, a 17 state, or a federally recognized Indian tribe;
14.
18 (2) "outside the United States" means a location outside the geographic 19 boundaries of the United States, the Commonwealth of Puerto Rico, the United States 20 Virgin Islands, and a territory, insular possession, or other location subject to the 21 jurisdiction of the United States.
22 * Sec.
11.
23 Sec.
25 Sec.
(a) A notary public shall maintain a journal in which 24 the notary public chronicles all notarial acts that the notary public performs under 25 AS 44.50.075.
(a) A notary public shall maintain a journal in which 26 the notary public chronicles all notarial acts that the notary public performs.
The notary public shall retain the journal for 10 years after the 26 performance of the last notarial act chronicled in the journal.
The 27 notary public shall retain the journal for 10 years after the performance of the last 28 notarial act chronicled in the journal.
27 (b) A notary public may create a journal on a tangible medium or in an 28 electronic format.
29 (b) A journal may be created on a tangible medium or in an electronic format.
A notary public shall maintain at least one journal in a tangible 29 medium to chronicle all notarial acts described in (a) of this section.
30 A notary public shall maintain only one journal at a time to chronicle all notarial acts, 31 whether those notarial acts are performed regarding tangible or electronic records.
A notary public 30 may maintain one or more journals in an electronic format to chronicle all notarial acts 31 described in (a) of this section.
If the journal is maintained on a tangible medium, it must be in a permanent, bound 02 register with numbered pages.
If a journal is maintained in an electronic format, the journal must be in a permanent, tamper-evident electronic format complying with the 02 regulations of the lieutenant governor under AS 44.50.072.
If the journal is maintained in an electronic format, it 03 must be in a permanent, tamper-evident electronic format complying with the 04 regulations of the lieutenant governor under AS 44.50.072.
03 (c) A notary shall make an entry in a journal contemporaneously with 04 performance of the notarial act, and an entry must contain the following information:
05 (c) An entry in a journal shall be made contemporaneously with performance 06 of the notarial act and contain the following information:
05 (1) the date and time of the notarial act;
07 (1) the date and time of the notarial act;
06 (2) a description of the record, if any, and type of notarial act;
08 (2) a description of the record, if any, and type of notarial act;
07 (3) the full name and address of each individual for whom the notarial 08 act is performed;
09 (3) the full name and address of each individual for whom the notarial 10 act is performed;
09 (4) if identity of the individual is based on personal knowledge, a 10 statement to that effect;
11 (4) if identity of the individual is based on personal knowledge, a 12 statement to that effect;
11 (5) if identity of the individual is based on satisfactory evidence, a 12 brief description of the method of identification and the identification credential 13 presented, if any, including the date of issuance and expiration of the identification 14 credential;
13 (5) if identity of the individual is based on satisfactory evidence, a 14 brief description of the method of identification and the identification credential 15 presented, if any, including the date of issuance and expiration of the identification 16 credential;
and 15 (6) the fee, if any, charged by the notary public.
and 17 (6) the fee, if any, charged by the notary public.
16 (d) If a notary public's journal is lost or stolen, the notary public shall 17 promptly notify the lieutenant governor upon discovering that the journal is lost or 18 stolen.
18 (d) If a notary public's journal is lost or stolen, the notary public shall 19 promptly notify the lieutenant governor upon discovering that the journal is lost or 20 stolen.
19 (e) Upon resignation from, or revocation or suspension of, a notary public's 20 commission, the notary public shall retain the notary public's journal in accordance 21 with (a) of this section and inform the lieutenant governor where the journal is located.
21 (e) Upon resignation from, or revocation or suspension of, a notary public's 22 commission, the notary public shall retain the notary public's journal in accordance 23 with (a) of this section and inform the lieutenant governor where the journal is located.
22 * Sec.
24 (f) Instead of retaining a journal as provided in (a) and (e) of this section, a 25 current or former notary public may transmit the journal to the lieutenant governor or 26 a repository approved by the lieutenant governor.
12.
27 (g) Notwithstanding (a) and (e) of this section, upon the death or adjudication 28 of incompetency of a current or former notary public, the notary public's personal 29 representative or guardian or another person knowingly in possession of the notary 30 public's journal shall transmit the journal to the lieutenant governor or a repository 31 approved by the lieutenant governor.
* Sec.
15.
23 Sec.
02 Sec.
Notification regarding performance of notarial act on 24 electronic record;
Notification regarding performance of notarial act on 03 electronic record;
acceptance of tangible copy of 25 electronic record.
acceptance of tangible copy of 04 electronic record.
(a) A notary public may select one or more tamper-evident 26 technologies with which to perform notarial acts with respect to electronic records.
(a) A notary public may select one or more tamper-evident 05 technologies with which to perform notarial acts with respect to electronic records.
A 27 person may not require a notary public to perform a notarial act with respect to an 28 electronic record with a technology that the notary public has not selected.
A 06 person may not require a notary public to perform a notarial act with respect to an 07 electronic record with a technology that the notary public has not selected.
29 (b) Before a notary public performs the notary public's initial notarial act with 30 respect to an electronic record, a notary public shall notify the lieutenant governor that 31 the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use.
08 (b) Before a notary public performs the notary public's initial notarial act with 09 respect to an electronic record, a notary public shall notify the lieutenant governor that 10 the notary public will be performing notarial acts with respect to electronic records 11 and identify the technology the notary public intends to use.
If the lieutenant governor 02 has established standards for approval of technology under AS 44.50.072, the 03 technology must conform to the standards.
If the lieutenant governor 12 has established standards for approval of technology under AS 44.50.072, the 13 technology must conform to the standards.
If the technology conforms to the 04 standards, the lieutenant governor shall approve the use of the technology.
If the technology conforms to the 14 standards, the lieutenant governor shall approve the use of the technology.
05 (c) A recorder may accept for recording a tangible copy of an electronic 06 record containing a notarial certificate as satisfying any requirement that a record 07 accepted for recording be an original, if the notarial officer executing the notarial 08 certificate certifies that the tangible copy is an accurate copy of the electronic record.
15 (c) A recorder may accept for recording a tangible copy of an electronic 16 record containing a notarial certificate as satisfying any requirement that a record 17 accepted for recording be an original, if the notarial officer executing the notarial 18 certificate certifies that the tangible copy is an accurate copy of the electronic record.
09 * Sec.
19 * Sec.
13.
16.
10 Sec.
20 Sec.
The failure of a notarial officer to 11 perform a duty or meet a requirement specified in this chapter does not invalidate a 12 notarial act performed by the notarial officer.
The failure of a notarial officer to 21 perform a duty or meet a requirement specified in this chapter does not invalidate a 22 notarial act performed by the notarial officer.
The validity of a notarial act under this 13 chapter does not prevent an aggrieved person from seeking to invalidate the record or 14 transaction that is the subject of the notarial act or from seeking other remedies based 15 on a law of this state other than this chapter or a law of the United States.
The validity of a notarial act under this 23 chapter does not prevent an aggrieved person from seeking to invalidate the record or 24 transaction that is the subject of the notarial act or from seeking other remedies based 25 on a law of this state other than this chapter or a law of the United States.
This section 16 does not validate a purported notarial act performed by an individual who does not 17 have the authority to perform a notarial act.
This section 26 does not validate a purported notarial act performed by an individual who does not 27 have the authority to perform a notarial act.
18 * Sec.
28 * Sec.
14.
17.
19 Sec.
29 Sec.
Relation to Electronic Signatures in Global and National 20 Commerce Act.
Relation to Electronic Signatures in Global and National 30 Commerce Act.
7001 - 7031 21 (Electronic Signatures in Global and National Commerce Act) but does not modify, 22 limit, or supersede 15 U.S.C.
7001 - 7031 31 (Electronic Signatures in Global and National Commerce Act) but does not modify, limit, or supersede 15 U.S.C.
7001(c) or authorize electronic delivery of any of the 23 notices described in 15 U.S.C.
7001(c) or authorize electronic delivery of any of the 02 notices described in 15 U.S.C.
24 * Sec.
03 * Sec.
15.
AS 44.50.200(2) is amended to read:
25 (2) "notarial act" means an act, whether performed with respect to a 26 tangible or electronic record, that is identified as a notarial act under AS 09.63.120 27 and an act that a notary public is directed to perform under AS 44.50.060;
28 * Sec.
16.
AS 44.50.200 is amended by adding new paragraphs to read:
29 (4) "acknowledgment" means a declaration by an individual before a 30 notarial officer that the individual has signed a record for the purpose stated in the 31 record and, if the record is signed in a representative capacity, that the individual signed the record with proper authority and signed it as the act of the individual or 02 entity identified in the record;
03 (5) "communication technology" means an electronic device or process 04 that 05 (A) allows a notary public and a remotely located individual to 06 communicate with each other simultaneously by sight and sound;
and 07 (B) when necessary and consistent with other applicable law, 08 facilitates communication with a remotely located individual who has a visual, 09 hearing, or speech impairment;
10 (6) "electronic" means relating to technology having electrical, digital, 11 magnetic, wireless, optical, electromagnetic, or similar capabilities;
12 (7) "electronic signature" means an electronic sound, symbol, or 13 process attached to or logically associated with a record and executed or adopted by an 14 individual with the intent to sign the record;
15 (8) "identity proofing" means a process or service by which a third 16 person provides a notary public with a means to verify the identity of a remotely 17 located individual by a review of personal information from public or private data 18 sources;
19 (9) "in a representative capacity" means acting as 20 (A) an authorized officer, agent, partner, trustee, or other 21 representative for a person other than an individual;
22 (B) a public officer, personal representative, guardian, or other 23 representative in the capacity stated in a record;
24 (C) an agent or attorney-in-fact for a principal;
or 25 (D) an authorized representative of another in any other 26 capacity;
27 (10) "notarial officer" means a notary public or other individual 28 authorized to perform a notarial act;
29 (11) "record" means information that is inscribed on a tangible 30 medium or that is stored in an electronic or other medium and is retrievable in 31 perceivable form;
(12) "remotely located individual" means an individual who is not in 02 the physical presence of a notary public who performs a notarial act under 03 AS 44.50.075;
04 (13) "sign" means, with present intent to authenticate or adopt a 05 record, to 06 (A) execute or adopt a tangible symbol;
or 07 (B) attach to or logically associate with the record an electronic 08 symbol, sound, or process;
09 (14) "signature" means a tangible symbol or an electronic signature 10 that evidences the signing of a record.
11 * Sec.
17.
The uncodified law of the State of Alaska is amended by adding a new section to 12 read:
13 APPLICABILITY.
(a) Sections 1 - 3 of this Act apply to the recording of documents 14 on or after the effective date of secs.
1 - 3 of this Act.
15 (b) Sections 4 - 16 of this Act apply to a notarial act performed on or after the 16 effective date of secs.
4 - 16 of this Act.
17 (c) Sections 4 and 5 of this Act apply to a person who applies for a new or subsequent 18 commission as a notary public under AS 44.50.032 or 44.50.038 on or after the effective date 19 of secs.
4 and 5 of this Act.
20 (d) In this section, 21 (1) "document" has the meaning given in AS 40.17.900;
22 (2) "notary public" has the meaning given in AS 44.50.200, as amended by 23 sec.
15 of this Act.
24 * Sec.
The uncodified law of the State of Alaska is amended by adding a new section to 25 read:
AS 44.50.200(2) is amended to read:
26 TRANSITION:
04 (2) "notarial act" means an act, whether performed with respect to a 05 tangible or electronic record, that is identified as a notarial act under AS 09.63.120 06 and an act that a notary public is directed to perform under AS 44.50.060;
REGULATIONS.
The lieutenant governor may adopt regulations 27 necessary to implement the changes made by secs.
1 - 16 of this Act.
The regulations adopted 28 under this section take effect under AS 44.62 (Administrative Procedure Act), but not before 29 the effective date of secs.
1 - 16 of this Act.
30 * Sec.
19.
The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
SAVING CLAUSE.
(a) This Act does not affect the validity or effect of a document 02 recorded before the effective date of secs.
1 - 3 of this Act.
In this subsection, "document" has 03 the meaning given in AS 40.17.900.
04 (b) This Act does not affect the validity or effect of a notarial act performed before 05 the effective date of secs.
4 - 16 of this Act.
In this subsection, "notarial act" has the meaning 06 given in AS 44.50.200, as amended by sec.
15 of this Act.
19.
AS 44.50.200 is amended by adding new paragraphs to read:
08 (4) "acknowledgment" means a declaration by an individual before a 09 notarial officer that the individual has signed a record for the purpose stated in the 10 record and, if the record is signed in a representative capacity, that the individual 11 signed the record with proper authority and signed it as the act of the individual or 12 entity identified in the record;
13 (5) "communication technology" means an electronic device or process 14 that 15 (A) allows a notary public and a remotely located individual to 16 communicate with each other simultaneously by sight and sound;
and 17 (B) when necessary and consistent with other applicable law, 18 facilitates communication with a remotely located individual who has a visual, 19 hearing, or speech impairment;
20 (6) "electronic" means relating to technology having electrical, digital, 21 magnetic, wireless, optical, electromagnetic, or similar capabilities;
22 (7) "electronic signature" means an electronic sound, symbol, or 23 process attached to or logically associated with a record and executed or adopted by an 24 individual with the intent to sign the record;
25 (8) "identity proofing" means a process or service by which a third 26 person provides a notary public with a means to verify the identity of a remotely 27 located individual by a review of personal information from public or private data 28 sources;
29 (9) "in a representative capacity" means acting as 30 (A) an authorized officer, agent, partner, trustee, or other 31 representative for a person other than an individual;
(B) a public officer, personal representative, guardian, or other 02 representative in the capacity stated in a record;
03 (C) an agent or attorney-in-fact for a principal;
or 04 (D) an authorized representative of another in any other 05 capacity;
06 (10) "notarial officer" means a notary public or other individual 07 authorized to perform a notarial act;
08 (11) "record" means information that is inscribed on a tangible 09 medium or that is stored in an electronic or other medium and is retrievable in 10 perceivable form;
11 (12) "remotely located individual" means an individual who is not in 12 the physical presence of a notary public who performs a notarial act under 13 AS 44.50.075;
14 (13) "sign" means, with present intent to authenticate or adopt a 15 record, to 16 (A) execute or adopt a tangible symbol;
or 17 (B) attach to or logically associate with the record an electronic 18 symbol, sound, or process;
19 (14) "signature" means a tangible symbol or an electronic signature 20 that evidences the signing of a record.
21 * Sec.
Section 18 of this Act takes effect immediately under AS 01.10.070(c).
The uncodified law of the State of Alaska is amended by adding a new section to 22 read:
08 * Sec.
23 APPLICABILITY.
(a) Sections 1 - 8 of this Act apply to an electronic document or 24 electronic signature received by the recorder on or after the effective date of secs.
1 - 8 of this 25 Act.
In this subsection, "electronic document" and "electronic signature" have the meanings 26 given in AS 40.17.900, as amended by sec.
7 of this Act.
27 (b) Sections 9 - 19 of this Act apply to a notarial act performed on or after the 28 effective date of secs.
9 - 19 of this Act.
In this subsection, "notarial act" has the meaning 29 given in AS 44.50.200, as amended by sec.
18 of this Act.
30 * Sec.
The uncodified law of the State of Alaska is amended by adding a new section to 31 read:
TRANSITION:
REGULATIONS.
The Department of Natural Resources may adopt 02 regulations necessary to implement the changes made by secs.
1 - 8 of this Act.
The lieutenant 03 governor may adopt regulations necessary to implement the changes made by secs.
9 - 19 of 04 this Act.
The regulations adopted under this section take effect under AS 44.62 05 (Administrative Procedure Act), but not before the effective date of secs.
1 - 19 of this Act.
06 * Sec.
22.
The uncodified law of the State of Alaska is amended by adding a new section to 07 read:
08 SAVING CLAUSE.
(a) This Act does not affect the validity or effect of a document 09 recorded before the effective date of secs.
1 - 8 of this Act.
In this subsection, "document" and 10 "record" have the meanings given in AS 40.17.900, as amended by sec.
6 of this Act.
11 (b) This Act does not affect the validity or effect of a notarial act performed before 12 the effective date of secs.
9 - 19 of this Act.
In this subsection, "notarial act" has the meaning 13 given in AS 44.50.200, as amended by sec.
18 of this Act.
14 * Sec.
23.
Section 21 of this Act takes effect immediately under AS 01.10.070(c).
15 * Sec.
24.
20 of this Act, this Act takes effect January 1, 2021.
23 of this Act, this Act takes effect January 1, 2020.
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Action History

  1. (H) EFFECTIVE DATE(S) OF LAW SEE CHAPTER

  2. (H) Signed into law 4/29 CHAPTER 24 SLA 20

  3. (H) MANIFEST ERROR(S)

  4. (H) 10:00 A.M. 4/13/20 Transmitted to Governor

  5. (S) VERSION: SSHB 124

  6. (S) RETURN TO (H), TRANSMIT TO GOV NEXT

  7. (S) EFFECTIVE DATE(S) SAME AS PASSAGE

  8. (S) PASSED Y19 N- E1

  9. (S) Read the third time SSHB 124

  10. (S) ADVANCED TO THIRD READING UC

  11. (S) Read the second time

  12. (S) RULES TO CALENDAR 3/22/2020

  13. (S) FN1: ZERO(DNR)

  14. (S) NR: MICCICHE

  15. (S) DP: COGHILL, KIEHL

  16. (S) JUD RPT 2DP 1NR

  17. (S) Minutes (SJUD)

  18. (S) Moved SSHB 124 Out of Committee

  19. (S) JUDICIARY at 01:30 PM BELTZ 105 (TSBldg)

  20. (S) JUD WAIVED PUBLIC HEARING NOTICE, RULE 23

  21. (S) JUD

  22. (S) Read the first time - REFERRALS

  23. (H) VERSION: SSHB 124

  24. (H) TRANSMITTED TO (S)

  25. (H) COSPONSOR(S): KOPP, JOSEPHSON, WOOL, STORY

  26. (H) EFFECTIVE DATE(S) ADOPTED Y37 E3

  27. (H) PASSED Y34 N3 E3

  28. (H) Read the third time SSHB 124

  29. (H) ADVANCED TO THIRD READING UC

  30. (H) AM NO 4 FAILED Y1 N35 E3 A1

  31. (H) AM NO 3 FAILED Y3 N33 E3 A1

  32. (H) AM NO 2 FAILED Y1 N35 E3 A1

  33. (H) AM NO 1 FAILED Y5 N32 E3

  34. (H) Read the second time

  35. (H) MOVED TO BOTTOM OF CALENDAR

  36. (H) HELD TO 3/17 CALENDAR

  37. (H) NOT TAKEN UP 3/13 - ON 3/16 CALENDAR

  38. (H) MOVED TO BOTTOM OF CALENDAR

  39. (H) RULES TO CALENDAR 3/13/2020

  40. (H) COSPONSOR(S): RASMUSSEN

  41. (H) FN1: ZERO(DNR)

  42. (H) DNP: EASTMAN

  43. (H) DP: DRUMMOND, STUTES, KOPP, CLAMAN

  44. (H) JUD RPT 4DP 1DNP

  45. (H) Minutes (HJUD)

  46. (H) Moved SSHB 124 Out of Committee -- Delayed to 2:00 pm --

  47. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  48. (H) Minutes (HJUD)

  49. (H) Heard & Held

  50. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  51. (H) -- Public Testimony -- -- MEETING CANCELED --

  52. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  53. (H) JUD

  54. (H) Read the first time - REFERRALS

  55. (H) SPONSOR SUBSTITUTE INTRODUCED

  56. (H) Minutes (HJUD)

  57. (H) Heard & Held

  58. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  59. (H) Minutes (HJUD)

  60. (H) Scheduled but Not Heard

  61. (H) JUDICIARY at 01:00 PM GRUENBERG 120

  62. (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE 23(A) UC

  63. (H) JUD, FIN

  64. (H) Read the first time - REFERRALS

Sponsors

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1 sponsors · 5 co-sponsors · 59 not signed on

Sponsors (1)

  • CLAMAN

Co-sponsors (5)

Not signed on (59)

59 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Subjects

public-safety technology
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Frequently asked questions

Who sponsors HB 124?
HB 124 is sponsored by CLAMAN, Rasmussen, Chuck Kopp (R), Andy Josephson (D), Wool, and Andi Story (D).
What is the current status of HB 124?
This bill has been enacted into law. Introduced April 05, 2019. Enacted.
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