04/25/1997 01:06 PM House JUD

 SB 106 - NOTARY PUBLIC BOND                                                 
                                                                               
 CHAIRMAN GREEN announced that the first order of business was                 
 Senate Bill No. 106, "An Act relating to the bond required of a               
 notary public."                                                               
                                                                               
 DOUG WOOLIVER, Administrative Attorney, Office of the                         
 Administrative Director, Alaska Court System, came forward to                 
 present the bill, saying the court system had requested its                   
 introduction.  Right now, when a person submits an application to             
 be a notary public, the application must first receive a signature            
 from the clerk of the superior court; the clerk then forwards it to           
 the office of the lieutenant governor, which oversees notaries.               
 The clerks only ensure that applications are filled out before                
 signing and forwarding them; it is not something they are uniquely            
 qualified to do.  This bill deletes the requirement for the clerk's           
 signature, allowing someone to send the application directly to the           
 lieutenant governor, which eliminates an extra step.                          
                                                                               
 Number 1515                                                                   
                                                                               
 REPRESENTATIVE JEANNETTE JAMES asked whether Mr. Wooliver knew why            
 that signature had been required.                                             
                                                                               
 MR. WOOLIVER said he had checked; it had been a requirement since             
 statehood.  At that time, the court performed other duties,                   
 including work related to passports.  However, Mr. Wooliver had               
 been unable to find any reason why this specifically went through             
 a court clerk.  He noted that other types of bonds must be                    
 submitted to various agencies that oversee the activities, none of            
 which go through the court system.  He said the reason this came up           
 was that the clerk of court in Anchorage was signing these one day            
 and wondering why it was done, as it slows the process and seems to           
 serve no purpose.                                                             
                                                                               
 Number 1571                                                                   
                                                                               
 REPRESENTATIVE JAMES advised that she had been a notary previously.           
 She said there were two ways to execute an official bond.  One was            
 to buy a bond from an insurance company and the other was for a               
 person to put up his or her own bond that guaranteed possession of            
 the personal means to back it up.  She asked whether the ability to           
 put up one's own bond might relate to approval by the clerk of the            
 court.                                                                        
                                                                               
 MR. WOOLIVER explained that the clerk does not actually check any             
 of those bonds.  He referred to the handbook and said it specifies            
 that currently, a person cannot be his or her own surety.                     
                                                                               
 REPRESENTATIVE JAMES acknowledged that it may have changed.                   
                                                                               
 MR. WOOLIVER concurred and said he was not sure.  He did know that            
 when clerks looked at the applications, they did not look to see              
 whether or not an applicant actually had the bond.  He explained,             
 "Somebody else can act as a surety for you.  They just put their              
 name down; they say they have assets worth $1,000 and they're                 
 willing to put them up.  We don't check that.  All we do is make              
 sure the form is filled out - all the blanks are filled in - and we           
 put a signature on it."                                                       
                                                                               
 Number 1685                                                                   
                                                                               
 CHAIRMAN GREEN wondered whether there was some tie with statehood             
 that had long since disappeared.                                              
                                                                               
 REPRESENTATIVE JAMES commented that this is the kind of bill she              
 likes, as it repeals a duty that is no longer necessary.  She said            
 the legislature should applaud the court for bringing it forward.             
                                                                               
 REPRESENTATIVE CON BUNDE made a motion to move SB 106 from                    
 committee with individual recommendations and a zero fiscal note.             
 There being no objection, SB 106 was moved from the House Judiciary           
 Standing Committee.