02/02/1993 03:00 PM House L&C

  HB 92:  REGULATION OF NOTARIES PUBLIC                                        
                                                                               
  Number 064                                                                   
                                                                               
  REP. GENE THERRIAULT, PRIME SPONSOR OF HB 92, read his                       
  sponsor statement and the sectional analysis to the                          
  committee and offered them for the record.                                   
                                                                               
  Number 282                                                                   
                                                                               
  REP. BRIAN PORTER noted that during the campaign one of the                  
  concerns expressed over and over was regulation reform.  He                  
  asked the sponsor what this bill would fix.                                  
                                                                               
  Number 322                                                                   
                                                                               
  REP. THERRIAULT answered that the Lt. Governor's office                      
  deals on a daily basis with persons who are questioning the                  
  signatures of notaries.  He also outlined a court case his                   
  attorney/wife had where a document was forged, seven years                   
  had passed, and then the notary couldn't remember the                        
  details of the transaction.                                                  
                                                                               
  REP. THERRIAULT noted that the use of a journal would                        
  eliminate problems in this area.  He explained that the use                  
  of the inking seal as opposed to the embossed one would save                 
  costs and eliminate the problem of not being able to fax or                  
  duplicate something notarized as the raised area won't show.                 
                                                                               
  REP. PORTER questioned the use of the word "fee" on page 3,                  
  line 6.                                                                      
                                                                               
  Number 370                                                                   
                                                                               
  PATTY TROTT, NOTARY COMMISSIONS ADMINISTRATOR, OFFICE OF THE                 
  LIEUTENANT GOVERNOR, agreed with the committee that removal                  
  of the word fee would not hurt the intent of HB 92.                          
                                                                               
  REP. PORTER moved amendment 1:  delete the word "fee" from                   
  page 3, line 6.  The amendment was approved with unanimous                   
  consent and adopted.                                                         
                                                                               
  Number 375                                                                   
                                                                               
  REP. ELDON MULDER asked if through regulations it would be                   
  required that notaries change from the embossed seal to the                  
  inking stamp.                                                                
                                                                               
  MS. TROTT stated that the Lt. Governor does not have the                     
  authority to make that change.                                               
                                                                               
  REP. MULDER voiced his opposition to the bill because of                     
  over-regulation.                                                             
                                                                               
  Number 393                                                                   
                                                                               
  REP. THERRIAULT expressed his support of HB 97 and suggested                 
  that while on first blush the bill may appear to make things                 
  more complicated, he didn't think that was so.  He further                   
  noted that the cost will not go up, as the ink stamp will                    
  cost less than an embossing seal and the required journal                    
  runs about $15.                                                              
                                                                               
  Number 406                                                                   
                                                                               
  CHAIRMAN HUDSON inquired if the notary would be required to                  
  maintain the journal in the event there was a question about                 
  a prior notarization or would they have to periodically be                   
  required to turn them in to the Lt. Governor' office.                        
                                                                               
  MS. TROTT explained that a copy of the journal would only be                 
  sent to the Lt. Governor' office in the event of a notary's                  
  resignation.                                                                 
                                                                               
  REP. GREEN asked if Rep. Therriault or Ms. Trott would                       
  address the concerns addressed in the sole opposition                        
  letter; primarily, exactly what happens to the journals                      
  after a notary gives up the commission.                                      
                                                                               
  MS. TROTT answered that the Lt. Governor's office has served                 
  as the clearing house for notary information and the                         
  journals could be kept there for reference.                                  
                                                                               
  Number 440                                                                   
                                                                               
  CHAIRMAN HUDSON questioned why the notary seals would be                     
  required to be returned to the Lt. Governor' office.                         
  Chairman Hudson noted that these are personal property.                      
                                                                               
  MS. TROTT explained that in the past there has been a                        
  problem with  stolen seals and this would be one way to                      
  eliminate that problem.                                                      
                                                                               
  Number 458                                                                   
                                                                               
  REP. PORTER asked if there was a limit on the amount of time                 
  a person had to keep back journals.                                          
                                                                               
  REP. THERRIAULT said that memories fade over the years but                   
  the journals would always be there for reference.                            
                                                                               
  REP. BILL WILLIAMS expressed concern over the amount of                      
  paperwork this bill would create.                                            
                                                                               
  Number 516                                                                   
                                                                               
  MS. TROTT noted that Alaska's statutes on the duties and                     
  responsibilities of notaries is archaic and this bill would                  
  bring the statutes up to a minimum level compared to other                   
  states.                                                                      
                                                                               
  Number 529                                                                   
                                                                               
  REP. GREEN expressed concern that given the numbers of                       
  notaries in the state and the amount of work they do, the                    
  bureaucracy would be an incredible burden both on the notary                 
  and the Lt. Governor's office.                                               
                                                                               
  MS. TROTT disagreed, pointing out the computer capabilities                  
  the state has at its disposal.                                               
                                                                               
  Number 565                                                                   
                                                                               
  CHAIRMAN HUDSON expressed his view that the committee had                    
  major concerns with the portion of HB 92 concerning keeping                  
  the journal, but other parts of the bill seemed to have                      
  support.                                                                     
                                                                               
  REP. THERRIAULT said that the keeping of the journal was the                 
  meat of the bill.                                                            
                                                                               
  Number 638                                                                   
                                                                               
  REP. PORTER moved that HB 92 as amended be passed out of                     
  committee with individual recommendations.  Without                          
  objection it was so ordered.