04/14/1993 01:00 PM House JUD

  HB 92:  REGULATION OF NOTARIES PUBLIC                                        
                                                                               
  Number 399                                                                   
                                                                               
  REPRESENTATIVE GENE THERRIAULT, PRIME SPONSOR of HB 92,                      
  called the members' attention to a draft committee                           
  substitute dated April 9, 1993.  He said that the committee                  
  substitute dealt with issues on which the committee had                      
  expressed the desire for clarification and change.  He                       
  supported the draft committee substitute, as did Ms. Patty                   
  Trott from the Lieutenant Governor's Office.                                 
                                                                               
  Number 417                                                                   
                                                                               
  MS. HORETSKI commented that at the previous hearing on                       
  HB 92, the committee had a committee substitute before it.                   
  The April 9, 1993 draft committee substitute was a change                    
  from the previous committee substitute, she added.  She said                 
  that new language appeared on page 2, lines 7-9.  The phrase                 
  "applying for" was added, in order to clarify timetables                     
  within the bill.  She commented that new language clarified                  
  the types of crimes which would make a person ineligible to                  
  be a notary.                                                                 
                                                                               
  MS. HORETSKI stated that language requiring notaries to                      
  notarize all items presented to them, on page 3, line 13,                    
  was deleted from HB 92.  Additionally, she said, on lines                    
  17-18 of page 3, the language was reworded to allow notaries                 
  to promote or endorse products, but not to use their                         
  notarial seals or titles to do so.  On page 3, lines 20-21,                  
  the words "notarial certificate" were substituted for                        
  "document," she said, based on language in the Model Notary                  
  Act.  The last change was located on page 4, lines 30-31,                    
  and established who should notify the Lieutenant Governor's                  
  Office in the event that a notary public died.                               
                                                                               
  Number 480                                                                   
                                                                               
  REPRESENTATIVE GREEN asked Ms. Horetski to clarify HB 92's                   
  language regarding false certificates.                                       
                                                                               
  Number 484                                                                   
                                                                               
  MS. HORETSKI explained that the language to which                            
  Representative Green was referring was identical to that in                  
  the last version of HB 92.                                                   
                                                                               
  Number 490                                                                   
                                                                               
  REPRESENTATIVE DAVIDSON asked what would happen in the event                 
  that a notary public's next of kin did not notify the                        
  lieutenant governor's office that the notary public had                      
  died.                                                                        
                                                                               
  Number 493                                                                   
                                                                               
  MS. HORETSKI replied that there were no enforcement                          
  mechanisms for that requirement included in HB 92.                           
                                                                               
  Number 498                                                                   
                                                                               
  REPRESENTATIVE GREEN asked if HB 92's sponsor concurred with                 
  the changes in the draft committee substitute.                               
                                                                               
  REPRESENTATIVE THERRIAULT indicated that he concurred.                       
                                                                               
  Number 502                                                                   
                                                                               
  REPRESENTATIVE GREEN made a MOTION to ADOPT the draft                        
  committee substitute dated April 9, 1993.  There being no                    
  objection, IT WAS SO ORDERED.                                                
                                                                               
  REPRESENTATIVE GREEN made a MOTION to MOVE the Judiciary                     
  Committee substitute for HB 92 out of committee.  There                      
  being no objection, IT WAS SO ORDERED.                                       
                                                                               
  CHAIRMAN PORTER announced that the committee would take up                   
  HB 188 next.