First Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 23-0324.01 Jason Gelender x4330
SENATE BILL 23-153
Senate Committees House Committees
Business, Labor, & Technology
Finance
Appropriations
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 AND MAKING AN
105
APPROPRIATION.106
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
SENATE
3rd Reading Unamended
April 17, 2023
SENATE
Amended 2nd Reading
April 14, 2023
SENATE SPONSORSHIP
Rodriguez and Rich, Gardner, Gonzales
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. Committee. The bill implements the recommendations of the department
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, 24-21-502, add (5.5)
2
as follows:3
24-21-502. Definitions. In this part 5:4
(5.5) "I
NTERPRETER" MEANS AN INDIVIDUAL WHO PROVIDES
5
INTERPRETER SERVICES WHEN A NOTARIAL OFFICER AND AN INDIVIDUAL6
EXECUTING A RECORD DO NOT COMMUNICATE IN THE SAME LANGUAGE .7
SECTION 2. In Colorado Revised Statutes, add 24-21-514.7 as8
follows:9
24-21-514.7. Interpreters - use in facilitation of notarial acts10
- limitations. (1) I
F A NOTARIAL OFFICER AND AN INDIVIDUAL FOR WHOM
11
A NOTARIAL ACT IS TO BE PERFORMED DO NOT COMMUNICATE IN THE SAME12
LANGUAGE, AN INTERPRETER WHO COMMUNICATES IN A LANGUAGE IN13
COMMON WITH BOTH THE NOTARIAL OFFICER AND THE INDIVI DUAL MAY BE14
USED TO FACILITATE THE NOTARIAL ACT. A NOTARIAL OFFICER MAY RELY15
ON REPRESENTATIONS MADE BY THE INTERPRETER ON BEHALF OF THE16
INDIVIDUAL FOR WHOM THE NOTARIAL ACT IS PERFORMED AS FACTUAL .17
153-2- ANY ERRORS IN INTERPRETATION ARE NOT ATTRIBUTABLE TO THE1
NOTARIAL OFFICER, AND THE NOTARIAL OFFICER IS NOT BE LIABLE IN ANY2
DISPUTES ARISING FROM SUCH ERRORS .3
(2) A
N INTERPRETER SHALL APPEAR PERSONALLY , AS DEFINED IN
4
SECTION 24-21-506 (2), BEFORE THE NOTARIAL OFFICER . AN INTERPRETER5
APPEARING PERSONALLY BEFORE THE NOTARIAL OFFICER SHALL BE6
IDENTIFIED PURSUANT TO SECTION 24-21-507 OR, IF APPEARING7
PERSONALLY BY MEANS OF REAL -TIME AUDIO-VIDEO COMMUNICATION ,8
PURSUANT TO SECTION 24-21-514.5.9
(3) (a) A
N INTERPRETER SHALL NOT PROVIDE INTERPRETER
10
SERVICES WHEN THE INTERPRETER HAS A DISQUALIFYING INTEREST IN THE11
TRANSACTION. FOR THE PURPOSES OF THIS SUBSECTION (3), AN12
INTERPRETER HAS A DISQUALIFYING INTEREST IN A TRANSACTION IF :13
(I) T
HE INTERPRETER OR THE INTERPRETER'S SPOUSE, PARTNER IN
14
A CIVIL UNION, ANCESTOR, DESCENDENT, OR SIBLING IS A PARTY TO OR IS15
NAMED IN THE RECORD THAT IS TO BE NOTARIZED ; OR16
(II) T
HE INTERPRETER OR THE INTERPRETER'S SPOUSE OR PARTNER
17
IN A CIVIL UNION MAY RECEIVE DIRECTLY, AND AS A PROXIMATE RESULT18
OF THE NOTARIZATION ANY ADVANTAGE , RIGHT, TITLE, INTEREST, CASH,19
OR PROPERTY. THIS SUBSECTION (3)(a)(II) DOES NOT APPLY TO A20
REASONABLE FEE RECEIVED BY THE INTERPRETER FOR PROVIDING21
INTERPRETER SERVICES.22
(b) A
NOTARIAL ACT IS VOIDABLE IF INTERPRETER SERVICES ARE
23
PROVIDED IN VIOLATION OF THIS SUBSECTION (3) IN RELATION TO THE24
NOTARIAL ACT.25
(4) (a) I
F A NOTARIAL OFFICER DOES NOT COMMUNICATE IN THE
26
SAME LANGUAGE AS THE INDIVIDUAL EXECUTING THE RECORD WITH27
153
-3- RESPECT TO WHICH THE NOTARIAL OFFICER IS PERFORMING A NOTARIAL1
ACT, THE NOTARIAL OFFICER IS NOT LIABLE IN ANY LEGAL ACTION2
REGARDING A DISPUTE THAT DIRECTLY RESULTS FROM AN ERROR IN3
INTERPRETATION.4
(b) A
PARTY WHO FILES AN ACTION FOR DAMAGES BASED ON A
5
VIOLATION OF THIS PART 5 RELATED TO A NOTARIAL ACT THAT A6
NOTARIAL OFFICER PERFORMED IN ACCORDANCE WITH THIS SECTION HAS7
THE BURDEN OF PROOF IN ESTABLISHING THAT THE DISPUTE IS RELATED TO8
A CAUSE OTHER THAN THE INTERPRETATION .9
(5) N
OTHING IN THIS SECTION LIMITS A NOTARIAL OFFICER 'S
10
AUTHORITY TO REFUSE TO PERFORM A NOTARIAL ACT AS SET FORTH IN11
SECTION 24-21-508.12
(6) I
N ADDITION TO COMPLYING WITH THE REQUIREMENTS OF
13
SECTION 24-21-515, THE CERTIFICATE OF NOTARIAL ACT FOR A REMOTE14
NOTARIZATION THAT WAS PERFORMED USING AN INTERPRETER MUST15
INDICATE THAT THE NOTARIAL ACT WAS PERFORMED USING AN16
INTERPRETER AND INCLUDE THE NAME AND CREDENTIAL OR17
CERTIFICATION NUMBER, IF ANY, OF THE INTERPRETER.18
SECTION 3. In Colorado Revised Statutes, 24-21-515, amend19
(1)(c) and (1)(d); and repeal (1)(e) as follows:20
24-21-515. Certificate of notarial act. (1) A notarial act must be21
evidenced by a certificate. The certificate must:22
(c) Identify the county and state in which the notarial act is23
performed;
AND24
(d) Contain the title of office of the notarial officer. and
25
(e) If the notarial officer is a notary public, indicate the date of26
expiration of the officer's commission.27
153
-4- SECTION 4. In Colorado Revised Statutes, 24-21-519, amend1
(3) introductory portion, (3)(f), (3)(g), and (5); and add (3)(h) and (3)(i)2
as follows:3
24-21-519. Journal. (3) An entry in a journal must be made4
contemporaneously with performance of the A notarial act and contain the5
following information:6
(f) If identity of the individual is based on satisfactory evidence,7
a brief description of the method of identification and the type of8
identification credential presented, if any; and9
(g) The fee, if any, charged by the notary public FULL NAME AND10
ADDRESS OF ANY INTERPRETER WHO PROVIDED INTERPRETER SERVICES TO11
FACILITATE THE NOTARIAL ACT;12
(h) T
HE CERTIFICATION OR CREDENTIAL NUMBER OF ANY
13
INTERPRETER WHO PROVIDED INTERPRETER SERVICES TO FACILITATE THE14
NOTARIAL ACT; AND15
(i) T
HE FEE, IF ANY, CHARGED BY THE NOTARY PUBLIC .
16
(5) Upon written request of any member of the public, which17
request must include the name of the parties, the type of document, and18
the month and year in which a record was notarized, a notary public may19
supply a certified copy of the line item representing the requested20
transaction. A notary public may charge the fee allowed in section21
24-21-529 A FEE AS AUTHORIZED BY THE SECRETARY OF STATE BY RULE22
for each certified copy of a line item, and shall record the transaction in23
the notary's journal.24
SECTION 5. In Colorado Revised Statutes, 24-21-523, amend25
(2) as follows:26
24-21-523. Grounds to deny, refuse to renew, revoke, suspend,27
153
-5- or condition commission of notary public. (2) Whenever the secretary1
of state or the secretary of state's designee believes that a violation of this2
part 5 has occurred, the secretary of state or the secretary of state's3
designee may investigate the violation. The secretary of state or the4
secretary of state's designee may also investigate possible violations of5
this part 5 upon a signed complaint from any person. H
OWEVER, THIS
6
SECTION DOES NOT AUTHORIZE THE SECRETARY OF STATE OR THE7
SECRETARY OF STATE 'S DESIGNEE TO INVESTIGATE A POTENTIAL8
VIOLATION CONCERNING AN ACTION TAKEN BY AN INTERPRETER DURING9
A NOTARIAL ACT.10
SECTION 6. In Colorado Revised Statutes, 24-21-527, add (1.5)11
as follows:12
24-21-527. Rules - definitions. (1.5) I
N ADDITION TO THE RULES13
THAT THE SECRETARY OF STATE IS AUTHORIZED TO ADOPT PURSUANT TO14
SUBSECTION (1) OF THIS SECTION, NO LATER THAN JANUARY 1, 2024, THE15
SECRETARY OF STATE SHALL ADOPT RULES THAT PRESCRIBE OR ESTABLISH16
CAPS FOR FEES THAT A NOTARY PUBLIC MAY CHARGE FOR THE
17
PERFORMANCE OF NOTARIAL ACTS .18
SECTION 7. In Colorado Revised Statutes, repeal 24-21-529 as19
follows:20
24-21-529. Notary's fees. (1) Except as specified in subsection21
(2) of this section, the fees of a notary public may be, but must not22
exceed, five dollars for each document attested by a person before a23
notary, except as otherwise provided by law. The fee for each such24
document must include all duties and functions required to complete the25
notarial act in accordance with this part 5.26
(2) In lieu of the fee authorized in subsection (1) of this section,27
153
-6- a notary public may charge a fee, not to exceed ten dollars, for the1
notary's electronic signature.2
SECTION 8. In Colorado Revised Statutes, amend 24-21-540 as3
follows:4
24-21-540. Repeal of part. This part 5 is repealed, effective5
September 1, 2023 SEPTEMBER 1, 2032. Before its repeal, this part 5 is6
scheduled for review in accordance with section 24-34-104.7
SECTION 9. In Colorado Revised Statutes, 24-34-104, repeal8
(24)(a)(IV); and add (33)(a)(IV) as follows:9
24-34-104. General assembly review of regulatory agencies10
and functions for repeal, continuation, or reestablishment - legislative11
declaration - repeal. (24) (a) The following agencies, functions, or both,12
are scheduled for repeal on September 1, 2023:13
(IV) The appointment of notaries public through the secretary of14
state in accordance with part 5 of article 21 of this title 24;15
(33) (a) The following agencies, functions, or both, are scheduled16
for repeal on September 1, 2032:17
(IV) T
HE APPOINTMENT OF NOTARIES PUBLIC THROUGH THE18
SECRETARY OF STATE IN ACCORDANCE WITH PART 5 OF ARTICLE 21 OF THIS19
TITLE 24.20
SECTION 10.
In Colorado Revised Statutes, amend 38-30-13421
as follows:22
38-30-134. Fees of commissioners. Commissioners, for like23
services, shall be allowed the same fees as are allowed by law THE24
SECRETARY OF STATE to notaries public of this state.25
SECTION 11. Appropriation. (1) For the 2023-24 state fiscal26
year, $96,568 is appropriated to the department of state. This27
153
-7- appropriation is from the department of state cash fund created in section1
24-21-104 (3)(b), C.R.S. To implement this act, the department may use2
this appropriation as follows:3
(a) $88,953 for personal services related to business and licensing,4
which amount is based on an assumption that the division will require an5
additional 0.7 FTE;6
(b) $5,350 for operating expenses related to business and7
licensing; and8
(c) $2,265 for operating expenses related to information9
technology.10
SECTION 12. Effective date. This act takes effect upon passage;11
except that sections 2, 4, and 7 of this act take effect January 1, 2024.12
SECTION 13. Safety clause. The general assembly hereby finds,13
determines, and declares that this act is necessary for the immediate14
preservation of the public peace, health, or safety.15
153
-8-