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.