Authentication of signature of notarial officer by Secretary of State; limitation on actions brought against Secretary of State; prohibited acts; penalties; regulations

1. Except as otherwise provided in subsection 2, the Secretary of State shall, upon request and payment of a fee of $20, issue an authentication to verify that the signature of the notarial officer on a document intended for use in a foreign country is genuine and that the notarial officer holds the office indicated on the document. If the document: (a) Is intended for use in a foreign country that is a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue an apostille in the form prescribed by the Hague Convention of October 5, 1961. (b) Is intended for use in a foreign country that is not a participant in the Hague Convention of October 5, 1961, the Secretary of State must issue a certification. 2. The Secretary of State shall not issue an authentication pursuant to subsection 1 if: (a) The document has not been notarized in accordance with the provisions of this chapter; (b) The Secretary of State has reasonable cause to believe that the document may be used to accomplish any fraudulent, criminal or other unlawful purpose; or (c) The request to issue an authentication does not include a statement, in the form prescribed by the Secretary of State and signed under penalty of perjury, that the document for which the authentication is requested will not be used to: (1) Harass a person; or (2) Accomplish any fraudulent, criminal or other unlawful purpose. 3. No civil action may be brought against the Secretary of State on the basis that: (a) The Secretary of State has issued an authentication pursuant to subsection 1; and (b) The document has been used to: (1) Harass a person; or (2) Accomplish any fraudulent, criminal or other unlawful purpose. 4. A person who uses a document for which an authentication has been issued pursuant to subsection 1 to: (a) Harass a person; or (b) Accomplish any fraudulent, criminal or other unlawful purpose, Ê is guilty of a category C felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 5 years, and may be further punished by a fine of not more than $5,000. 5. The Secretary of State may adopt regulations to carry out the provisions of this section.