SENATE BILL 23-153
BY SENATOR(S) Rodriguez and Rich, Gardner, Gonzales;
also REPRESENTATIVE(S) Duran and Pugliese, Jodeh, Marshall, Ricks,
Snyder.
C
ONCERNING THE CONTINUATION OF THE REGULATION OF NOTARIES BY THE
SECRETARY OF STATE IN THE DEPARTMENT OF STATE
, AND, IN
CONNECTION THEREWITH
, IMPLEMENTING THE RECOMMENDATIONS
IN THE
2022 SUNSET REPORT BY THE DEPARTMENT OF REGULATORY
AGENCIES AND MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-21-502, add (5.5)
as follows:
24-21-502. Definitions. In this part 5:
(5.5) "I
NTERPRETER" MEANS AN INDIVIDUAL WHO PROVIDES
INTERPRETER SERVICES WHEN A NOTARIAL OFFICER AND AN INDIVIDUAL
EXECUTING A RECORD DO NOT COMMUNICATE IN THE SAME LANGUAGE
.
SECTION 2. In Colorado Revised Statutes, add 24-21-514.7 as
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. follows:
24-21-514.7. Interpreters - use in facilitation of notarial acts -
limitations. (1) I
F A NOTARIAL OFFICER AND AN INDIVIDUAL FOR WHOM A
NOTARIAL ACT IS TO BE PERFORMED DO NOT COMMUNICATE IN THE SAME
LANGUAGE
, AN INTERPRETER WHO COMMUNICATES IN A LANGUAGE IN
COMMON WITH BOTH THE NOTARIAL OFFICER AND THE INDIVIDUAL MAY BE
USED TO FACILITATE THE NOTARIAL ACT
. A NOTARIAL OFFICER MAY RELY ON
REPRESENTATIONS MADE BY THE INTERPRETER ON BEHALF OF THE
INDIVIDUAL FOR WHOM THE NOTARIAL ACT IS PERFORMED AS FACTUAL
. ANY
ERRORS IN INTERPRETATION ARE NOT ATTRIBUTABLE TO THE NOTARIAL
OFFICER
, AND THE NOTARIAL OFFICER IS NOT LIABLE IN ANY DISPUTES
ARISING FROM SUCH ERRORS
.
(2) A
N INTERPRETER SHALL APPEAR PERSONALLY , AS DEFINED IN
SECTION
24-21-506 (2), BEFORE THE NOTARIAL OFFICER . AN INTERPRETER
APPEARING PERSONALLY BEFORE THE NOTARIAL OFFICER SHALL BE
IDENTIFIED PURSUANT TO SECTION
24-21-507 OR, IF APPEARING PERSONALLY
BY MEANS OF REAL
-TIME AUDIO-VIDEO COMMUNICATION , PURSUANT TO
SECTION
24-21-514.5.
(3) (a) A
N INTERPRETER SHALL NOT PROVIDE INTERPRETER SERVICES
WHEN THE INTERPRETER HAS A DISQUALIFYING INTEREST IN THE
TRANSACTION
. FOR THE PURPOSES OF THIS SUBSECTION (3), AN INTERPRETER
HAS A DISQUALIFYING INTEREST IN A TRANSACTION IF
:
(I) T
HE INTERPRETER OR THE INTERPRETER'S SPOUSE, PARTNER IN A
CIVIL UNION
, ANCESTOR, DESCENDENT, OR SIBLING IS A PARTY TO OR IS
NAMED IN THE RECORD THAT IS TO BE NOTARIZED
; OR
(II) THE INTERPRETER OR THE INTERPRETER 'S SPOUSE OR PARTNER
IN A CIVIL UNION MAY RECEIVE DIRECTLY AND AS A PROXIMATE RESULT OF
THE NOTARIZATION ANY ADVANTAGE
, RIGHT, TITLE, INTEREST, CASH, OR
PROPERTY
. THIS SUBSECTION (3)(a)(II) DOES NOT APPLY TO A REASONABLE
FEE RECEIVED BY THE INTERPRETER FOR PROVIDING INTERPR ETER SERVICES
.
(b) A
NOTARIAL ACT IS VOIDABLE IF INTERPRETER SERVICES ARE
PROVIDED IN VIOLATION OF THIS SUBSECTION
(3) IN RELATION TO THE
NOTARIAL ACT
.
PAGE 2-SENATE BILL 23-153 (4) (a) IF A NOTARIAL OFFICER DOES NOT COMMUNICATE IN THE
SAME LANGUAGE AS THE INDIVIDUAL EXECUTING THE RECORD WITH RESPECT
TO WHICH THE NOTARIAL OFFICER IS PERFORMING A NOTARIAL ACT
, THE
NOTARIAL OFFICER IS NOT LIABLE IN ANY LEGAL ACTION REGARDING A
DISPUTE THAT DIRECTLY RESULTS FROM AN ERROR IN INTERPRETATION
.
(b) A
PARTY WHO FILES AN ACTION FOR DAMAGES BASED ON A
VIOLATION OF THIS PART
5 RELATED TO A NOTARIAL ACT THAT A NOTARIAL
OFFICER PERFORMED IN ACCORDANCE WITH THIS SECTION HAS THE BURDEN
OF PROOF IN ESTABLISHING THAT THE DISPUTE IS RELATED TO A CAUSE
OTHER THAN THE INTERPRETATION
.
(5) N
OTHING IN THIS SECTION LIMITS A NOTARIAL OFFICER 'S
AUTHORITY TO REFUSE TO PERFORM A NOTARIAL ACT AS SET FORTH IN
SECTION
24-21-508.
(6) I
N ADDITION TO COMPLYING WITH THE REQUIREMENTS OF
SECTION
24-21-515, THE CERTIFICATE OF NOTARIAL ACT FOR A REMOTE
NOTARIZATION THAT WAS PERFORMED USING AN INTERPRETER MUST
INDICATE THAT THE NOTARIAL ACT WAS PERFORMED USING AN INTERPRETER
AND INCLUDE THE NAME AND CREDENTIAL OR CERTIFICATION NUMBER
, IF
ANY
, OF THE INTERPRETER.
SECTION 3. In Colorado Revised Statutes, 24-21-515, amend
(1)(c) and (1)(d); and repeal (1)(e) as follows:
24-21-515. Certificate of notarial act. (1) A notarial act must be
evidenced by a certificate. The certificate must:
(c) Identify the county and state in which the notarial act is
performed;
AND
(d) Contain the title of office of the notarial officer. and
(e) If the notarial officer is a notary public, indicate the date of
expiration of the officer's commission.
SECTION 4. In Colorado Revised Statutes, 24-21-519, amend (3)
introductory portion, (3)(f) and (3)(g); and add (3)(h) and (3)(i) as follows:
PAGE 3-SENATE BILL 23-153 24-21-519. Journal. (3) An entry in a journal must be made
contemporaneously with performance of the A notarial act and contain the
following information:
(f) If identity of the individual is based on satisfactory evidence, a
brief description of the method of identification and the type of
identification credential presented, if any; and
(g) The fee, if any, charged by the notary public FULL NAME AND
ADDRESS OF ANY INTERPRETER WHO PROVIDED INTERPRETER SERVICES TO
FACILITATE THE NOTARIAL ACT
;
(h) T
HE CERTIFICATION OR CREDENTIAL NUMBER OF ANY
INTERPRETER WHO PROVIDED INTERPRETER SERVICES TO FACILITATE THE
NOTARIAL ACT
; AND
(i) The fee, if any, charged by the notary public.
SECTION 5. In Colorado Revised Statutes, 24-21-523, amend (2)
as follows:
24-21-523. Grounds to deny, refuse to renew, revoke, suspend,
or condition commission of notary public. (2) Whenever the secretary of
state or the secretary of state's designee believes that a violation of this part
5 has occurred, the secretary of state or the secretary of state's designee may
investigate the violation. The secretary of state or the secretary of state's
designee may also investigate possible violations of this part 5 upon a
signed complaint from any person. H
OWEVER, THIS SECTION DOES NOT
AUTHORIZE THE SECRETARY OF STATE OR THE SECRETARY OF STATE
'S
DESIGNEE TO INVESTIGATE A POTENTIAL VIOLATION CONCERNING AN ACTION
TAKEN BY AN INTERPRETER DURING A NOTARIAL ACT
.
SECTION 6. In Colorado Revised Statutes, amend 24-21-529 as
follows:
24-21-529. Notary's fees. (1) Except as specified in subsection (2)
of this section, the fees of a notary public may be, but must not exceed, five
FIFTEEN dollars for each document attested by a person before a notary,
except as otherwise provided by law. The fee for each such document must
include all duties and functions required to complete the notarial act in
PAGE 4-SENATE BILL 23-153 accordance with this part 5.
(2) In lieu of the fee authorized in subsection (1) of this section, a
notary public may charge a fee, not to exceed ten TWENTY-FIVE dollars, for
the notary's electronic signature.
SECTION 7. In Colorado Revised Statutes, amend 24-21-540 as
follows:
24-21-540. Repeal of part. This part 5 is repealed, effective
September 1, 2023 SEPTEMBER 1, 2032. Before its repeal, this part 5 is
scheduled for review in accordance with section 24-34-104.
SECTION 8. In Colorado Revised Statutes, 24-34-104, repeal
(24)(a)(IV); and add (33)(a)(VI) as follows:
24-34-104. General assembly review of regulatory agencies and
functions for repeal, continuation, or reestablishment - legislative
declaration - repeal. (24) (a) The following agencies, functions, or both,
are scheduled for repeal on September 1, 2023:
(IV) The appointment of notaries public through the secretary of
state in accordance with part 5 of article 21 of this title 24;
(33) (a) The following agencies, functions, or both, are scheduled
for repeal on September 1, 2032:
(VI) T
HE APPOINTMENT OF NOTARIES PUBLIC THROUGH THE
SECRETARY OF STATE IN ACCORDANCE WITH PART
5 OF ARTICLE 21 OF THIS
TITLE
24.
SECTION 9. Appropriation. (1) For the 2023-24 state fiscal year,
$96,568 is appropriated to the department of state. This appropriation is
from the department of state cash fund created in section 24-21-104 (3)(b),
C.R.S. To implement this act, the department may use this appropriation as
follows:
(a) $88,953 for personal services related to business and licensing,
which amount is based on an assumption that the division will require an
additional 0.7 FTE;
PAGE 5-SENATE BILL 23-153 (b) $5,350 for operating expenses related to business and licensing;
and
(c) $2,265 for operating expenses related to information technology.
SECTION 10. Effective date. This act takes effect upon passage;
except that sections 1, 2, 3, 4, and 5 of this act take effect September 1,
2023.
SECTION 11. Safety clause. The general assembly hereby finds,
PAGE 6-SENATE BILL 23-153 determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety.
____________________________ ____________________________
Steve Fenberg
Julie McCluskie
PRESIDENT OF SPEAKER OF THE HOUSE
THE SENATE OF REPRESENTATIVES
____________________________ ____________________________
Cindi L. Markwell Robin Jones
SECRETARY OF CHIEF CLERK OF THE HOUSE
THE SENATE OF REPRESENTATIVES
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 7-SENATE BILL 23-153