Legislature(2005 - 2006)BELTZ 211
02/15/2005 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB88 | |
| SCR2 | |
| Eo 113 | |
| SB72 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 88 | TELECONFERENCED | |
| *+ | SB 72 | TELECONFERENCED | |
| *+ | SCR 2 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 72-OATHS; NOTARIES PUBLIC; STATE SEAL
SENATOR GENE THERRIAULT said the committee would hear SB 72 and
although he didn't intend to take any action, he wanted the
issue introduced.
ANNETTE KREITZER, chief of staff to Lt. Governor Loren Leman,
asked members to look at the sheet comparing the current notary
statute and the proposed changes. They vetted this with other
notaries, insurance company lobbyists and with banks, she said.
With regard to qualifications, they propose: lowering the age to
18; making residency requirements the same as the general
residency statute; requiring the applicant to reside legally in
the U.S. and not have been convicted or incarcerated for a
felony within 10 years of the application.
5:10:45 PM
CHAIR THERRIAULT asked whether a person living abroad could
notarize documents.
SCOTT CLARK, notary commission administrator, explained that
notary commissions are restricted to a certain area so someone
that wasn't physically in the state wouldn't qualify for an
Alaskan notary commission. As proposed, the applicant must
reside in the U.S. but wouldn't have to be a citizen.
CHAIR THERRIAULT remarked the stamp doesn't travel outside the
state.
MR. CLARK agreed.
SENATOR CHARLIE HUGGINS asked whether military officer
signatures would continue to be recognized as official.
MR. CLARK said current statute recognizes the authority of
commissioned military officers and no change is proposed.
5:13:23 PM
MS. KREITZER said the commissions are separated into limited
governmental notaries public, and notaries public. Notaries
public have a four-year term while limited governmental notaries
public have open-ended commissions that end when employment
ends.
As proposed, the $40 application fee would remain the same, but
the fee for a Lieutenant Governor certificate would increase
from $2 to $5.
With regard to a bond, a $1,000 notary bond would be required of
all applicants except the new limited governmental notary public
and the Lieutenant Governor is required to keep those for two
years.
5:14:54 PM
SENATOR WAGONER questioned the necessity of increasing the fee
by $3.
MS. KREITZER said the increase would bring an additional $8,700
as reflected in the fiscal note.
MR. CLARK said the $2 fee has been in effect since 1961. The
certificates verify details about notarizations and are usually
required for documents that go to foreign countries, he
explained. The $2 fee didn't cover the cost of the 3,000 ornate
certificates prepared each year and the $5 fee is fair. Many
states charge between $20 and $25 for the same type certificate.
CHAIR THERRIAULT said these are clearly not the standard
notarization that you get from the bank.
MR. CLARK said most of the public never sees or needs this type
certificate.
5:17:06 PM
MS. KREITZER explained that with regard to commission types the
limited governmental notaries public would include municipal and
federal employees in addition to state employees. This makes it
clear that the commissions may be held concurrently.
CHAIR THERRIAULT questioned whether limited commissions are
limited to a specific job and/or specific transaction.
MS. KREITZER clarified that limited governmental notaries public
have that title because they work for a governmental entity.
They can do all the same notary actions as a notary public it
simply signifies they work for a federal, state or municipal
government and that they don't charge a fee.
5:18:58 PM
CHAIR THERRIAULT noted they don't charge a fee and then
questioned whether they could notarize things for the general
public.
MS. KREITZER said they could notarize things for the public, but
typically people go elsewhere.
CHAIR THERRIAULT asked whether a limited governmental notary
public working in a government office would have the power to
decline offering private notary services.
MR. CLARK referenced page 10, lines 29-30 to clarify that a
limited governmental notary public could perform notarial acts
only in the conduct of official government business.
CHAIR THERRIAULT questioned whether that was a new restriction.
5:20:38 PM
MS. KREITZER said it is new and they repealed and readopted most
of the statute. She said they examined the statute carefully,
but were certainly open to suggestions
With regard to commission revocation, she explained that the
Administrative Procedure Act is cumbersome so they propose that
the Lieutenant Governor would have the ability to review
complaints and dismiss them if found to be trivial.
They propose to move to a web based system, but don't want to
expose private personal information. The public needs to know
who and where notaries public are located and how to reach them,
but they propose to keep e-mail addresses, fax numbers and other
information private.
No changes were proposed for non-commissioned notaries.
SENATOR THOMAS WAGONER suggested the state not get to the point
that notaries public all charge the maximum fee allowed under
law.
MS. KREITZER assured members the Lieutenant Governor has no
intention to go down that path.
She noted a proposed amendment that is designed to remove
impediments to electronic notarization in the future. She asked
members to review the draft amendment before the bill is heard
again.
CHAIR THERRIAULT asked what constitutes electronic notarization
because he's only familiar with traditional notarization.
5:24:54 PM
MR. CLARK explained the traditional aspect of notarization
wouldn't change and electronic notarizations in the future would
be held to the same high standards as current notarizations.
That being said, he couldn't say what an electronic notarization
would look like because no pilot project had been successful to
date. Digital signatures are common right now and successfully
addressing the intra-country security issue is a work in
progress.
CHAIR THERRIAULT questioned, "The current wording here removes
impediments to move to that through regulatory changes?"
MS. KREITZER said they aren't looking for regulatory authority.
It's simply preparing the way for a future Legislature to define
what electronic notarization would look like. If you believe
we're looking for regulatory authority we're open to amendment,
she said.
5:27:06 PM
CHAIR THERRIAULT read the proposed amendment and interpreted it
to give authority.
MS. KREITZER said her interpretation is that you can't adopt
regulations where technology doesn't exist.
CHAIR THERRIAULT replied if the technology came into existence
tomorrow they'd be pre-approved.
MS. KREITZER agreed it would be to the extent that the law would
allow. She said she wouldn't mind withdrawing the regulations
portion because the intent is to remove impediments.
CHAIR THERRIAULT said a future Legislature that wants to make
that policy call would remove the impediments when appropriate.
There were no further questions.
5:28:22 PM
CHAIR THERRIAULT announced he would hold SB 72 in committee.
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