HOUSE BILL NO. 97                                                                                                             
                                                                                                                                
     "An  Act  relating  to  the  authority  to  take  oaths,                                                                   
     affirmations,  and  acknowledgments  in  the  state,  to                                                                   
     notarizations, to verifications,  to acknowledgments, to                                                                   
     fees  for  issuing certificates  with  the  seal of  the                                                                   
     state  affixed, and  to notaries  public; and  providing                                                                   
     for an effective date."                                                                                                    
                                                                                                                                
ANNETTE  KREITZER,  CHIEF  OF  STAFF,  OFFICE  OF  LIEUTENANT                                                                   
GOVERNOR,  in response  to Co-Chair Meyer,  replied that  she                                                                   
has had  a chance to read  Amendment 1. She spoke  in support                                                                   
of Amendment 1.                                                                                                                 
                                                                                                                                
Representative Kelly MOVED to ADOPT Amendment 1 as follows:                                                                     
                                                                                                                                
     Page 8, lines 12 - 13:                                                                                                     
     Delete   "may   not   have  been   incarcerated   in   a                                                                   
     correctional facility for  a felony conviction within 10                                                                   
     years before the commission takes effect"                                                                                  
     Insert "may  not, within 10 years before  the commission                                                                   
     takes  effect,  have  been  convicted  of  a  felony  or                                                                   
     incarcerated  in a  correctional facility  for a  felony                                                                   
     conviction"                                                                                                                
                                                                                                                                
     Page 8, line 15, following "jurisdiction":                                                                                 
     Insert  "within  10 years  before  the commission  takes                                                                   
     effect"                                                                                                                    
                                                                                                                                
     Page 8, line 16, following "may not":                                                                                      
     Insert  ",within 10  years before  the commission  takes                                                                   
     effect,"                                                                                                                   
                                                                                                                                
     Page 10, lines 17 - 18:                                                                                                    
     Delete   "applicant   has   been   incarcerated   in   a                                                                   
     correctional facility for  a felony conviction within 10                                                                   
     years before the commission is to take effect"                                                                             
     Insert  "applicant  has,  within  10  years  before  the                                                                   
     commission  is  to  take  effect, been  convicted  of  a                                                                   
     felony or incarcerated in  a correctional facility for a                                                                   
     felony conviction"                                                                                                         
                                                                                                                                
     Page 10, line 19, following "revoked":                                                                                     
     Insert  ",within 10  years before  the commission  is to                                                                   
     take effect,"                                                                                                              
                                                                                                                                
     Page 18, line 12, following "(1)":                                                                                         
     Insert  "convicted"  or   "conviction"  means  that  the                                                                   
     person  has  entered  a   plea  of  guilty,  guilty  but                                                                   
     mentally  ill, or  nolo contendere,  or  has been  found                                                                   
     guilty or guilty but mentally ill by a court or jury;                                                                      
     (2)"                                                                                                                       
                                                                                                                                
     Page 18, line 15:                                                                                                          
     Delete "(2)"                                                                                                               
     Insert "(3)"                                                                                                               
                                                                                                                                
     Page 18, lines 30, through page 19, line 1:                                                                                
     Delete   "has  been  incarcerated   in  a   correctional                                                                   
     facility for a felony conviction  within 10 years before                                                                   
     the notary public's term  of office expires under former                                                                   
     AS 44.50.030"                                                                                                              
     Insert  "has been,  within  10 years  before the  notary                                                                   
     public's   term   of   office   expires   under   former                                                                   
     AS 44.50.030, convicted  of a felony or  incarcerated in                                                                   
     a correctional facility for a felony conviction"                                                                           
                                                                                                                                
     Page 19, line 2, following "public.":                                                                                      
     Insert    "In   this    subsection,   "convicted"    and                                                                   
     "conviction" have the meanings given in AS 44.50.200."                                                                     
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Representative Kelly MOVED to ADOPT Amendment 2, which reads                                                                    
as follows:                                                                                                                     
                                                                                                                                
     Page 16, line 6:                                                                                                           
          Delete "Disciplinary action.":                                                                                    
          Insert "Disciplinary action; complaint; appeal;                                                                     
     hearing; delegation.   (a)"                                                                                              
                                                                                                                                
     Page 16, line 13:                                                                                                          
          Delete "Sec. 44.50.069.   Complaint; hearing;                                                                       
     appeal; delegation.  (a)"                                                                                                
          Insert "(b)"                                                                                                          
                                                                                                                                
     Page 16, line 18:                                                                                                          
          Delete "(b)"                                                                                                          
          Insert "(c)"                                                                                                          
                                                                                                                                
     Page 16, line 23:                                                                                                          
          Delete "(c)"                                                                                                          
          Insert "(d)"                                                                                                          
                                                                                                                                
     Page 16, line 31:                                                                                                          
          Delete "(d)"                                                                                                          
          Insert "(e)"                                                                                                          
                                                                                                                                
     Page 17, lines 9 - 16:                                                                                                     
          Delete all material and insert:                                                                                       
               "(f)  If the lieutenant governor finds that                                                                      
          formal  disciplinary action  may be warranted,  the                                                                   
          lieutenant governor  may suspend or revoke a notary                                                                   
          public's commission  or reprimand a  notary public.                                                                   
          If the lieutenant governor  suspends or revokes the                                                                   
          commission  or issues  a reprimand, the  lieutenant                                                                   
          governor  shall  provide,  by certified  mail,  the                                                                   
          notary  public  with  a written  statement  of  the                                                                   
          lieutenant   governor's   decision,   including   a                                                                   
          written   statement    of   the   basis   for   the                                                                   
          determination.                                                                                                        
               (g)  A person who is issued a reprimand,                                                                         
          suspension,   or  revocation  under  (f)   of  this                                                                   
          section  may appeal  the reprimand, suspension,  or                                                                   
          revocation  by requesting a hearing within  15 days                                                                   
          after  receiving the  statement provided  under (f)                                                                   
          of this  section.  If  a hearing is  requested, the                                                                   
          lieutenant   governor  shall  deny  or   grant  the                                                                   
          request under AS 44.64.060(b)  and refer the matter                                                                   
          to  the  office of  administrative  hearings  under                                                                   
          AS 44.64.060(b).                                                                                                      
               (h)  The lieutenant governor may delegate the                                                                    
          powers under this section."                                                                                           
                                                                                                                                
     Page 17, line 29:                                                                                                          
          Delete "AS 44.50.069"                                                                                                 
          Insert "AS 44.50.068"                                                                                                 
                                                                                                                                
     Page 17, line 30:                                                                                                          
          Delete "AS 44.50.069(c)"                                                                                              
          Insert "AS 44.50.068(d)"                                                                                              
                                                                                                                                
Vice-Chair Stoltze OBJECTED for discussion purposes.                                                                            
                                                                                                                                
1:46:29 PM                                                                                                                    
                                                                                                                                
Ms. Kreitzer explained  that Amendment 2 allows  for a notary                                                                   
appeal  process,   yet  retains  the  lieutenant   governor's                                                                   
ability to  take formal  disciplinary action.   She  spoke in                                                                   
support of Amendment 2.                                                                                                         
                                                                                                                                
Vice-Chair Stoltze WITHDREW his OBJECTION.                                                                                      
                                                                                                                                
There being NO OBJECTION, Amendment 2 was adopted.                                                                              
                                                                                                                                
Representative Foster  MOVED to report CS HB 97  (FIN) out of                                                                   
Committee,  as amended, with  individual recommendations  and                                                                   
the accompanying  fiscal note.  There being  NO OBJECTION, it                                                                   
was so ordered.                                                                                                                 
                                                                                                                                
CSHB  97 (FIN)  was  REPORTED  out of  Committee  with a  "no                                                                   
recommendation"  and  with  a   previously  published  fiscal                                                                   
impact note # 1 by the Office of the Governor.                                                                                  
                                                                                                                                
1:49:24 PM