First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 23-0324.01 Jason Gelender x4330
SENATE BILL 23-153
Senate Committees House Committees
Business, Labor, & Technology
A BILL FOR AN ACT
C
ONCERNING THE CONTINUATION OF THE REGULATION OF NOTARIES101
BY THE SECRETARY OF STATE IN THE DEPARTMENT OF STATE ,102
AND, IN CONNECTION THEREWITH , IMPLEMENTING THE103
RECOMMENDATIONS IN THE 2022 SUNSET REPORT BY THE104
DEPARTMENT OF REGULATORY AGENCIES .105
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov/
.)
Sunset Process - Senate Business, Labor, and Technology
Committee. The bill implements the recommendations of the department
SENATE SPONSORSHIP
Rodriguez and Rich,
HOUSE SPONSORSHIP
Duran and Pugliese,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. of regulatory agencies, as specified in the department's sunset review of
the "Revised Uniform Law on Notarial Acts" (act), as follows:
! Continues the act for 9 years, until September 1, 2032;
! Repeals the requirement that a certificate evidencing a
notarial act performed by a notary public indicate the date
of expiration of the notary public's commission;
! Repeals statutory fees for notarial acts performed by a
notary public and requires the secretary of state to adopt
rules that prescribe or establish caps for fees that a notary
public may charge for notarial acts; and
! Requires the secretary of state to adopt rules that establish
minimum requirements for the use of interpreters and
translators in the performance of notarial acts.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-21-515, amend2
(1)(c) and (1)(d); and repeal (1)(e) as follows:3
24-21-515. Certificate of notarial act. (1) A notarial act must be4
evidenced by a certificate. The certificate must:5
(c) Identify the county and state in which the notarial act is6
performed;
AND7
(d) Contain the title of office of the notarial officer. and
8
(e) If the notarial officer is a notary public, indicate the date of9
expiration of the officer's commission.10
SECTION 2. In Colorado Revised Statutes, 24-21-519, amend11
(5) as follows:12
24-21-519. Journal. (5) Upon written request of any member of13
the public, which request must include the name of the parties, the type14
of document, and the month and year in which a record was notarized, a15
notary public may supply a certified copy of the line item representing the16
requested transaction. A notary public may charge the fee allowed in17
section 24-21-529 A FEE AS AUTHORIZED BY THE SECRETARY OF STATE BY18
SB23-153-2- RULE for each certified copy of a line item, and shall record the1
transaction in the notary's journal.2
SECTION 3. In Colorado Revised Statutes, 24-21-527, add (1.5)3
as follows:4
24-21-527. Rules - definitions. (1.5) I
N ADDITION TO THE RULES5
THAT THE SECRETARY OF STATE IS AUTHORIZED TO ADOPT PURSUANT TO6
SUBSECTION (1) OF THIS SECTION, NO LATER THAN JANUARY 1, 2024, THE7
SECRETARY OF STATE SHALL ADOPT RULES THAT PRESCRIBE OR ESTABLISH8
CAPS FOR FEES THAT A NOTARY PUBLIC MAY CHARGE FOR THE9
PERFORMANCE OF NOTARIAL ACTS AND ESTABLISH MINIMUM10
REQUIREMENTS FOR THE USE OF INTERPRETERS AND TRANSLATORS IN THE11
PERFORMANCE OF NOTARIAL ACTS .12
SECTION 4. In Colorado Revised Statutes, repeal 24-21-529 as13
follows:14
24-21-529. Notary's fees. (1) Except as specified in subsection
15
(2) of this section, the fees of a notary public may be, but must not16
exceed, five dollars for each document attested by a person before a17
notary, except as otherwise provided by law. The fee for each such18
document must include all duties and functions required to complete the19
notarial act in accordance with this part 5.20
(2) In lieu of the fee authorized in subsection (1) of this section,21
a notary public may charge a fee, not to exceed ten dollars, for the22
notary's electronic signature.23
SECTION 5. In Colorado Revised Statutes, amend 24-21-540 as24
follows:25
24-21-540. Repeal of part. This part 5 is repealed, effective26
September 1, 2023 SEPTEMBER 1, 2032. Before its repeal, this part 5 is27
SB23-153
-3- scheduled for review in accordance with section 24-34-104.1
SECTION 6. In Colorado Revised Statutes, 24-34-104, repeal2
(24)(a)(IV); and add (33)(a)(IV) as follows:3
24-34-104. General assembly review of regulatory agencies4
and functions for repeal, continuation, or reestablishment - legislative5
declaration - repeal. (24) (a) The following agencies, functions, or both,6
are scheduled for repeal on September 1, 2023:7
(IV) The appointment of notaries public through the secretary of8
state in accordance with part 5 of article 21 of this title 24;9
(33) (a) The following agencies, functions, or both, are scheduled10
for repeal on September 1, 2032:11
(IV) T
HE APPOINTMENT OF NOTARIES PUBLIC THROUGH THE12
SECRETARY OF STATE IN ACCORDANCE WITH PART 5 OF ARTICLE 21 OF THIS13
TITLE 24.14
SECTION 7. In Colorado Revised Statutes, amend 38-30-134 as15
follows:16
38-30-134. Fees of commissioners. Commissioners, for like17
services, shall be allowed the same fees as are allowed by law
THE18
SECRETARY OF STATE to notaries public of this state.19
SECTION 8. Effective date. This act takes effect upon passage;20
except that sections 2, 4, and 7 of this act take effect January 1, 2024.21
SECTION 9. Safety clause. The general assembly hereby finds,22
determines, and declares that this act is necessary for the immediate23
preservation of the public peace, health, or safety.24
SB23-153
-4-