Colorado 2023 Regular Session

Colorado Senate Bill SB153 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	First Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 23-0324.01 Jason Gelender x4330
1	8		SENATE BILL 23-153
2		-	BY SENATOR(S) Rodriguez and Rich, Gardner, Gonzales;
3		-	also REPRESENTATIVE(S) Duran and Pugliese, Jodeh, Marshall, Ricks,
4		-	Snyder.
	9	+	Senate Committees House Committees
	10	+	Business, Labor, & Technology State, Civic, Military, & Veterans Affairs
	11	+	Finance Appropriations
	12	+	Appropriations
	13	+	A BILL FOR AN ACT
5	14		C
6		-	ONCERNING THE CONTINUATION OF THE REGULATION OF NOTARIES BY THE
7		-	SECRETARY OF STATE IN THE DEPARTMENT OF STATE
8		-	, AND, IN
9		-	CONNECTION THEREWITH
10		-	, IMPLEMENTING THE RECOMMENDATIONS
11		-	IN THE
12		-	2022 SUNSET REPORT BY THE DEPARTMENT OF REGULATORY
13		-	AGENCIES AND MAKING AN APPROPRIATION
14		-	.
15		-
16		-	Be it enacted by the General Assembly of the State of Colorado:
	15	+	ONCERNING THE CONTINUATION OF THE REGULATION OF NOTARIES101
	16	+	BY THE SECRETARY OF STATE IN THE DEPARTMENT OF STATE ,102
	17	+	AND, IN CONNECTION THEREWITH , IMPLEMENTING THE103
	18	+	RECOMMENDATIONS IN THE 2022 SUNSET REPORT BY THE104
	19	+	DEPARTMENT OF REGULATORY AGENCIES AND MAKING AN
	20	+	105
	21	+	APPROPRIATION.106
	22	+	Bill Summary
	23	+	(Note: This summary applies to this bill as introduced and does
	24	+	not reflect any amendments that may be subsequently adopted. If this bill
	25	+	passes third reading in the house of introduction, a bill summary that
	26	+	applies to the reengrossed version of this bill will be available at
	27	+	http://leg.colorado.gov/
	28	+	.)
	29	+	Sunset Process - Senate Business, Labor, and Technology
	30	+	HOUSE
	31	+	3rd Reading Unamended
	32	+	April 29, 2023
	33	+	HOUSE
	34	+	Amended 2nd Reading
	35	+	April 26, 2023
	36	+	SENATE
	37	+	3rd Reading Unamended
	38	+	April 17, 2023
	39	+	SENATE
	40	+	Amended 2nd Reading
	41	+	April 14, 2023
	42	+	SENATE SPONSORSHIP
	43	+	Rodriguez and Rich, Gardner, Gonzales
	44	+	HOUSE SPONSORSHIP
	45	+	Duran and Pugliese, Jodeh, Marshall, Ricks, Snyder
	46	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	47	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	48	+	Dashes through the words or numbers indicate deletions from existing law. Committee. The bill implements the recommendations of the department
	49	+	of regulatory agencies, as specified in the department's sunset review of
	50	+	the "Revised Uniform Law on Notarial Acts" (act), as follows:
	51	+	! Continues the act for 9 years, until September 1, 2032;
	52	+	! Repeals the requirement that a certificate evidencing a
	53	+	notarial act performed by a notary public indicate the date
	54	+	of expiration of the notary public's commission;
	55	+	! Repeals statutory fees for notarial acts performed by a
	56	+	notary public and requires the secretary of state to adopt
	57	+	rules that prescribe or establish caps for fees that a notary
	58	+	public may charge for notarial acts; and
	59	+	! Requires the secretary of state to adopt rules that establish
	60	+	minimum requirements for the use of interpreters and
	61	+	translators in the performance of notarial acts.
	62	+	Be it enacted by the General Assembly of the State of Colorado:1
17	63		SECTION 1. In Colorado Revised Statutes, 24-21-502, add (5.5)
18		-	as follows:
19		-	24-21-502. Definitions. In this part 5:
	64	+	2
	65	+	as follows:3
	66	+	24-21-502. Definitions. In this part 5:4
20	67		(5.5) "I
21	68		NTERPRETER" MEANS AN INDIVIDUAL WHO PROVIDES
22		-	INTERPRETER SERVICES WHEN A NOTARIAL OFFICER AND AN INDIVIDUAL
23		-	EXECUTING A RECORD DO NOT COMMUNICATE IN THE SAME LANGUAGE
24		-	.
25		-	SECTION 2. In Colorado Revised Statutes, add 24-21-514.7 as
26		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
27		-	officers and the Governor. To determine whether the Governor has signed the bill
28		-	or taken other action on it, please consult the legislative status sheet, the legislative
29		-	history, or the Session Laws.
30		-	________
31		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
32		-	through words or numbers indicate deletions from existing law and such material is not part of
33		-	the act. follows:
34		-	24-21-514.7. Interpreters - use in facilitation of notarial acts -
35		-	limitations. (1) I
36		-	F A NOTARIAL OFFICER AND AN INDIVIDUAL FOR WHOM A
37		-	NOTARIAL ACT IS TO BE PERFORMED DO NOT COMMUNICATE IN THE SAME
38		-	LANGUAGE
39		-	, AN INTERPRETER WHO COMMUNICATES IN A LANGUAGE IN
40		-	COMMON WITH BOTH THE NOTARIAL OFFICER AND THE INDIVIDUAL MAY BE
41		-	USED TO FACILITATE THE NOTARIAL ACT
42		-	. A NOTARIAL OFFICER MAY RELY ON
43		-	REPRESENTATIONS MADE BY THE INTERPRETER ON BEHALF OF THE
44		-	INDIVIDUAL FOR WHOM THE NOTARIAL ACT IS PERFORMED AS FACTUAL
45		-	. ANY
46		-	ERRORS IN INTERPRETATION ARE NOT ATTRIBUTABLE TO THE NOTARIAL
47		-	OFFICER
48		-	, AND THE NOTARIAL OFFICER IS NOT LIABLE IN ANY DISPUTES
49		-	ARISING FROM SUCH ERRORS
50		-	.
	69	+	5
	70	+	INTERPRETER SERVICES WHEN A NOTARIAL OFFICER AND AN INDIVIDUAL6
	71	+	EXECUTING A RECORD DO NOT COMMUNICATE IN THE SAME LANGUAGE .7
	72	+	SECTION 2. In Colorado Revised Statutes, add 24-21-514.7 as8
	73	+	follows:9
	74	+	24-21-514.7. Interpreters - use in facilitation of notarial acts10
	75	+	- limitations. (1) I
	76	+	F A NOTARIAL OFFICER AND AN INDIVIDUAL FOR WHOM
	77	+	11
	78	+	A NOTARIAL ACT IS TO BE PERFORMED DO NOT COMMUNICATE IN THE SAME12
	79	+	LANGUAGE, AN INTERPRETER WHO COMMUNICATES IN A LANGUAGE IN13
	80	+	COMMON WITH BOTH THE NOTARIAL OFFICER AND THE INDIVI DUAL MAY BE14
	81	+	USED TO FACILITATE THE NOTARIAL ACT. A NOTARIAL OFFICER MAY RELY15
	82	+	ON REPRESENTATIONS MADE BY THE INTERPRETER ON BEHALF OF THE16
	83	+	INDIVIDUAL FOR WHOM THE NOTARIAL ACT IS PERFORMED AS FACTUAL .17
	84	+	153-2- ANY ERRORS IN INTERPRETATION ARE NOT ATTRIBUTABLE TO THE1
	85	+	NOTARIAL OFFICER, AND THE NOTARIAL OFFICER IS NOT LIABLE IN ANY2
	86	+	DISPUTES ARISING FROM SUCH ERRORS .3
51	87		(2) A
52	88		N INTERPRETER SHALL APPEAR PERSONALLY , AS DEFINED IN
53		-	SECTION
54		-	24-21-506 (2), BEFORE THE NOTARIAL OFFICER . AN INTERPRETER
55		-	APPEARING PERSONALLY BEFORE THE NOTARIAL OFFICER SHALL BE
56		-	IDENTIFIED PURSUANT TO SECTION
57		-	24-21-507 OR, IF APPEARING PERSONALLY
58		-	BY MEANS OF REAL
59		-	-TIME AUDIO-VIDEO COMMUNICATION , PURSUANT TO
60		-	SECTION
61		-	24-21-514.5.
	89	+	4
	90	+	SECTION 24-21-506 (2), BEFORE THE NOTARIAL OFFICER . AN INTERPRETER5
	91	+	APPEARING PERSONALLY BEFORE THE NOTARIAL OFFICER SHALL BE6
	92	+	IDENTIFIED PURSUANT TO SECTION 24-21-507 OR, IF APPEARING7
	93	+	PERSONALLY BY MEANS OF REAL -TIME AUDIO-VIDEO COMMUNICATION ,8
	94	+	PURSUANT TO SECTION 24-21-514.5.9
62	95		(3) (a) A
63		-	N INTERPRETER SHALL NOT PROVIDE INTERPRETER SERVICES
64		-	WHEN THE INTERPRETER HAS A DISQUALIFYING INTEREST IN THE
65		-	TRANSACTION
66		-	. FOR THE PURPOSES OF THIS SUBSECTION (3), AN INTERPRETER
67		-	HAS A DISQUALIFYING INTEREST IN A TRANSACTION IF
68		-	:
	96	+	N INTERPRETER SHALL NOT PROVIDE INTERPRETER
	97	+	10
	98	+	SERVICES WHEN THE INTERPRETER HAS A DISQUALIFYING INTEREST IN THE11
	99	+	TRANSACTION. FOR THE PURPOSES OF THIS SUBSECTION (3), AN12
	100	+	INTERPRETER HAS A DISQUALIFYING INTEREST IN A TRANSACTION IF :13
69	101		(I) T
70		-	HE INTERPRETER OR THE INTERPRETER'S SPOUSE, PARTNER IN A
71		-	CIVIL UNION
72		-	, ANCESTOR, DESCENDENT, OR SIBLING IS A PARTY TO OR IS
73		-	NAMED IN THE RECORD THAT IS TO BE NOTARIZED
74		-	; OR
75		-	(II) THE INTERPRETER OR THE INTERPRETER 'S SPOUSE OR PARTNER
76		-	IN A CIVIL UNION MAY RECEIVE DIRECTLY AND AS A PROXIMATE RESULT OF
77		-	THE NOTARIZATION ANY ADVANTAGE
78		-	, RIGHT, TITLE, INTEREST, CASH, OR
79		-	PROPERTY
80		-	. THIS SUBSECTION (3)(a)(II) DOES NOT APPLY TO A REASONABLE
81		-	FEE RECEIVED BY THE INTERPRETER FOR PROVIDING INTERPR ETER SERVICES
82		-	.
	102	+	HE INTERPRETER OR THE INTERPRETER'S SPOUSE, PARTNER IN
	103	+	14
	104	+	A CIVIL UNION, ANCESTOR, DESCENDENT, OR SIBLING IS A PARTY TO OR IS15
	105	+	NAMED IN THE RECORD THAT IS TO BE NOTARIZED ; OR16
	106	+	(II) T
	107	+	HE INTERPRETER OR THE INTERPRETER'S SPOUSE OR PARTNER
	108	+	17
	109	+	IN A CIVIL UNION MAY RECEIVE DIRECTLY, AND AS A PROXIMATE RESULT18
	110	+	OF THE NOTARIZATION ANY ADVANTAGE , RIGHT, TITLE, INTEREST, CASH,19
	111	+	OR PROPERTY. THIS SUBSECTION (3)(a)(II) DOES NOT APPLY TO A20
	112	+	REASONABLE FEE RECEIVED BY THE INTERPRETER FOR PROVIDING21
	113	+	INTERPRETER SERVICES.22
83	114		(b) A
84	115		NOTARIAL ACT IS VOIDABLE IF INTERPRETER SERVICES ARE
85		-	PROVIDED IN VIOLATION OF THIS SUBSECTION
86		-	(3) IN RELATION TO THE
87		-	NOTARIAL ACT
88		-	.
89		-	PAGE 2-SENATE BILL 23-153 (4) (a) IF A NOTARIAL OFFICER DOES NOT COMMUNICATE IN THE
90		-	SAME LANGUAGE AS THE INDIVIDUAL EXECUTING THE RECORD WITH RESPECT
91		-	TO WHICH THE NOTARIAL OFFICER IS PERFORMING A NOTARIAL ACT
92		-	, THE
93		-	NOTARIAL OFFICER IS NOT LIABLE IN ANY LEGAL ACTION REGARDING A
94		-	DISPUTE THAT DIRECTLY RESULTS FROM AN ERROR IN INTERPRETATION
95		-	.
	116	+	23
	117	+	PROVIDED IN VIOLATION OF THIS SUBSECTION (3) IN RELATION TO THE24
	118	+	NOTARIAL ACT.25
	119	+	(4) (a) I
	120	+	F A NOTARIAL OFFICER DOES NOT COMMUNICATE IN THE
	121	+	26
	122	+	SAME LANGUAGE AS THE INDIVIDUAL EXECUTING THE RECORD WITH27
	123	+	153
	124	+	-3- RESPECT TO WHICH THE NOTARIAL OFFICER IS PERFORMING A NOTARIAL1
	125	+	ACT, THE NOTARIAL OFFICER IS NOT LIABLE IN ANY LEGAL ACTION2
	126	+	REGARDING A DISPUTE THAT DIRECTLY RESULTS FROM AN ERROR IN3
	127	+	INTERPRETATION.4
96	128		(b) A
97	129		PARTY WHO FILES AN ACTION FOR DAMAGES BASED ON A
98		-	VIOLATION OF THIS PART
99		-	5 RELATED TO A NOTARIAL ACT THAT A NOTARIAL
100		-	OFFICER PERFORMED IN ACCORDANCE WITH THIS SECTION HAS THE BURDEN
101		-	OF PROOF IN ESTABLISHING THAT THE DISPUTE IS RELATED TO A CAUSE
102		-	OTHER THAN THE INTERPRETATION
103		-	.
	130	+	5
	131	+	VIOLATION OF THIS PART 5 RELATED TO A NOTARIAL ACT THAT A6
	132	+	NOTARIAL OFFICER PERFORMED IN ACCORDANCE WITH THIS SECTION HAS7
	133	+	THE BURDEN OF PROOF IN ESTABLISHING THAT THE DISPUTE IS RELATED TO8
	134	+	A CAUSE OTHER THAN THE INTERPRETATION .9
104	135		(5) N
105	136		OTHING IN THIS SECTION LIMITS A NOTARIAL OFFICER 'S
106		-	~~AUTHORITY TO REFUSE TO PERFORM A NOTARIAL ACT AS SET FORTH IN~~
107		-	~~SECTION~~
108		-	24-21-508.
	137	+	10
	138	+	AUTHORITY TO REFUSE TO PERFORM A NOTARIAL ACT AS SET FORTH IN11
	139	+	SECTION 24-21-508.12
109	140		(6) I
110	141		N ADDITION TO COMPLYING WITH THE REQUIREMENTS OF
111		-	SECTION
112		-	24-21-515, THE CERTIFICATE OF NOTARIAL ACT FOR A REMOTE
113		-	NOTARIZATION THAT WAS PERFORMED USING AN INTERPRETER MUST
114		-	INDICATE THAT THE NOTARIAL ACT WAS PERFORMED USING AN INTERPRETER
115		-	AND INCLUDE THE NAME AND CREDENTIAL OR CERTIFICATION NUMBER
116		-	, IF
117		-	ANY
118		-	, OF THE INTERPRETER.
119		-	SECTION 3. In Colorado Revised Statutes, 24-21-515, amend
120		-	(1)(c) and (1)(d); and repeal (1)(e) as follows:
121		-	24-21-515. Certificate of notarial act. (1) A notarial act must be
122		-	evidenced by a certificate. The certificate must:
123		-	(c) Identify the county and state in which the notarial act is
	142	+	13
	143	+	SECTION 24-21-515, THE CERTIFICATE OF NOTARIAL ACT FOR A REMOTE14
	144	+	NOTARIZATION THAT WAS PERFORMED USING AN INTERPRETER MUST15
	145	+	INDICATE THAT THE NOTARIAL ACT WAS PERFORMED USING AN16
	146	+	INTERPRETER AND INCLUDE THE NAME AND CREDENTIAL OR17
	147	+	CERTIFICATION NUMBER, IF ANY, OF THE INTERPRETER.18
	148	+	SECTION 3. In Colorado Revised Statutes, 24-21-515, amend19
	149	+	(1)(c) and (1)(d); and repeal (1)(e) as follows:20
	150	+	24-21-515. Certificate of notarial act. (1) A notarial act must be21
	151	+	evidenced by a certificate. The certificate must:22
	152	+	(c) Identify the county and state in which the notarial act is23
124	153		performed;
125		-	~~AND~~
	154	+	AND24
126	155		(d) Contain the title of office of the notarial officer. and
127		-	(e) If the notarial officer is a notary public, indicate the date of
128		-	expiration of the officer's commission.
129		-	SECTION 4. In Colorado Revised Statutes, 24-21-519, amend (3)
130		-	introductory portion, (3)(f) and (3)(g); and add (3)(h) and (3)(i) as follows:
131		-	PAGE 3-SENATE BILL 23-153 24-21-519. Journal. (3) An entry in a journal must be made
132		-	contemporaneously with performance of the A notarial act and contain the
133		-	following information:
134		-	(f) If identity of the individual is based on satisfactory evidence, a
135		-	brief description of the method of identification and the type of
136		-	identification credential presented, if any; and
137		-	(g) The fee, if any, charged by the notary public FULL NAME AND
138		-	ADDRESS OF ANY INTERPRETER WHO PROVIDED INTERPRETER SERVICES TO
139		-	FACILITATE THE NOTARIAL ACT
140		-	;
	156	+	25
	157	+	(e) If the notarial officer is a notary public, indicate the date of26
	158	+	expiration of the officer's commission.27
	159	+	153
	160	+	-4- SECTION 4. In Colorado Revised Statutes, 24-21-519, amend1
	161	+	(3) introductory portion, (3)(f) and (3)(g); and add (3)(h) and (3)(i) as2
	162	+	follows:3
	163	+	24-21-519. Journal. (3) An entry in a journal must be made4
	164	+	contemporaneously with performance of the A notarial act and contain the5
	165	+	following information:6
	166	+	(f) If identity of the individual is based on satisfactory evidence,7
	167	+	a brief description of the method of identification and the type of8
	168	+	identification credential presented, if any; and9
	169	+	(g) The fee, if any, charged by the notary public FULL NAME AND10
	170	+	ADDRESS OF ANY INTERPRETER WHO PROVIDED INTERPRETER SERVICES TO11
	171	+	FACILITATE THE NOTARIAL ACT;12
141	172		(h) T
142	173		HE CERTIFICATION OR CREDENTIAL NUMBER OF ANY
143		-	INTERPRETER WHO PROVIDED INTERPRETER SERVICES TO FACILITATE THE
144		-	NOTARIAL ACT
145		-	; AND
146		-	(i) The fee, if any, charged by the notary public.
147		-	SECTION 5. In Colorado Revised Statutes, 24-21-523, amend (2)
148		-	as follows:
149		-	24-21-523. Grounds to deny, refuse to renew, revoke, suspend,
150		-	or condition commission of notary public. (2) Whenever the secretary of
151		-	state or the secretary of state's designee believes that a violation of this part
152		-	5 has occurred, the secretary of state or the secretary of state's designee may
153		-	investigate the violation. The secretary of state or the secretary of state's
154		-	designee may also investigate possible violations of this part 5 upon a
155		-	signed complaint from any person. H
156		-	OWEVER, THIS SECTION DOES NOT
157		-	AUTHORIZE THE SECRETARY OF STATE OR THE SECRETARY OF STATE
158		-	'S
159		-	DESIGNEE TO INVESTIGATE A POTENTIAL VIOLATION CONCERNING AN ACTION
160		-	TAKEN BY AN INTERPRETER DURING A NOTARIAL ACT
161		-	.
162		-	SECTION 6. In Colorado Revised Statutes, amend 24-21-529 as
163		-	follows:
164		-	24-21-529. Notary's fees. (1) Except as specified in subsection (2)
165		-	of this section, the fees of a notary public may be, but must not exceed, five
166		-	FIFTEEN dollars for each document attested by a person before a notary,
167		-	except as otherwise provided by law. The fee for each such document must
168		-	include all duties and functions required to complete the notarial act in
169		-	PAGE 4-SENATE BILL 23-153 accordance with this part 5.
170		-	(2) In lieu of the fee authorized in subsection (1) of this section, a
171		-	notary public may charge a fee, not to exceed ten TWENTY-FIVE dollars, for
172		-	the notary's electronic signature.
173		-	SECTION 7. In Colorado Revised Statutes, amend 24-21-540 as
174		-	follows:
175		-	24-21-540. Repeal of part. This part 5 is repealed, effective
176		-	September 1, 2023 SEPTEMBER 1, 2032. Before its repeal, this part 5 is
177		-	scheduled for review in accordance with section 24-34-104.
178		-	SECTION 8. In Colorado Revised Statutes, 24-34-104, repeal
179		-	(24)(a)(IV); and add (33)(a)(VI) as follows:
180		-	24-34-104. General assembly review of regulatory agencies and
181		-	functions for repeal, continuation, or reestablishment - legislative
182		-	declaration - repeal. (24) (a) The following agencies, functions, or both,
183		-	are scheduled for repeal on September 1, 2023:
184		-	(IV) The appointment of notaries public through the secretary of
185		-	state in accordance with part 5 of article 21 of this title 24;
186		-	(33) (a) The following agencies, functions, or both, are scheduled
187		-	for repeal on September 1, 2032:
188		-	(VI) T
189		-	HE APPOINTMENT OF NOTARIES PUBLIC THROUGH THE
190		-	SECRETARY OF STATE IN ACCORDANCE WITH PART
191		-	5 OF ARTICLE 21 OF THIS
192		-	TITLE
193		-	24.
194		-	SECTION 9. Appropriation. (1) For the 2023-24 state fiscal year,
195		-	$96,568 is appropriated to the department of state. This appropriation is
196		-	from the department of state cash fund created in section 24-21-104 (3)(b),
197		-	C.R.S. To implement this act, the department may use this appropriation as
198		-	follows:
199		-	(a) $88,953 for personal services related to business and licensing,
200		-	which amount is based on an assumption that the division will require an
201		-	additional 0.7 FTE;
202		-	PAGE 5-SENATE BILL 23-153 (b) $5,350 for operating expenses related to business and licensing;
203		-	and
204		-	(c) $2,265 for operating expenses related to information technology.
205		-	SECTION 10. Effective date. This act takes effect upon passage;
206		-	except that sections 1, 2, 3, 4, and 5 of this act take effect September 1,
207		-	2023.
208		-	SECTION 11. Safety clause. The general assembly hereby finds,
209		-	PAGE 6-SENATE BILL 23-153 determines, and declares that this act is necessary for the immediate
210		-	preservation of the public peace, health, or safety.
211		-	____________________________ ____________________________
212		-	Steve Fenberg
213		-	Julie McCluskie
214		-	PRESIDENT OF SPEAKER OF THE HOUSE
215		-	THE SENATE OF REPRESENTATIVES
216		-	____________________________ ____________________________
217		-	Cindi L. Markwell Robin Jones
218		-	SECRETARY OF CHIEF CLERK OF THE HOUSE
219		-	THE SENATE OF REPRESENTATIVES
220		-	APPROVED________________________________________
221		-	(Date and Time)
222		-	_________________________________________
223		-	Jared S. Polis
224		-	GOVERNOR OF THE STATE OF COLORADO
225		-	PAGE 7-SENATE BILL 23-153
	174	+	13
	175	+	INTERPRETER WHO PROVIDED INTERPRETER SERVICES TO FACILITATE THE14
	176	+	NOTARIAL ACT; AND15
	177	+	(i) T
	178	+	HE FEE, IF ANY, CHARGED BY THE NOTARY PUBLIC .
	179	+	16
	180	+	17
	181	+	SECTION 5. In Colorado Revised Statutes, 24-21-523, amend18
	182	+	(2) as follows:19
	183	+	24-21-523. Grounds to deny, refuse to renew, revoke, suspend,20
	184	+	or condition commission of notary public. (2) Whenever the secretary21
	185	+	of state or the secretary of state's designee believes that a violation of this22
	186	+	part 5 has occurred, the secretary of state or the secretary of state's23
	187	+	designee may investigate the violation. The secretary of state or the24
	188	+	secretary of state's designee may also investigate possible violations of25
	189	+	this part 5 upon a signed complaint from any person. H
	190	+	OWEVER, THIS
	191	+	26
	192	+	SECTION DOES NOT AUTHORIZE THE SECRETARY OF STATE OR THE27
	193	+	153
	194	+	-5- SECRETARY OF STATE 'S DESIGNEE TO INVESTIGATE A POTENTIAL1
	195	+	VIOLATION CONCERNING AN ACTION TAKEN BY AN INTERPRETER DURING2
	196	+	A NOTARIAL ACT.3
	197	+	4
	198	+	SECTION 6. In Colorado Revised Statutes, amend 24-21-529 as5
	199	+	follows:6
	200	+	24-21-529. Notary's fees. (1) Except as specified in7
	201	+	subsection (2) of this section, the fees of a notary public may be, but must8
	202	+	not exceed, five FIFTEEN dollars for each document attested by a person9
	203	+	before a notary, except as otherwise provided by law. The fee for each10
	204	+	such document must include all duties and functions required to complete11
	205	+	the notarial act in accordance with this part 5.12
	206	+	(2) In lieu of the fee authorized in subsection (1) of this section,13
	207	+	a notary public may charge a fee, not to exceed ten TWENTY-FIVE dollars,14
	208	+	for the notary's electronic signature.15
	209	+	SECTION 7. In Colorado Revised Statutes, amend 24-21-540 as16
	210	+	follows:17
	211	+	24-21-540. Repeal of part. This part 5 is repealed, effective18
	212	+	September 1, 2023 SEPTEMBER 1, 2032. Before its repeal, this part 5 is19
	213	+	scheduled for review in accordance with section 24-34-104.20
	214	+	SECTION 8. In Colorado Revised Statutes, 24-34-104, repeal21
	215	+	(24)(a)(IV); and add (33)(a)(IV) as follows:22
	216	+	24-34-104. General assembly review of regulatory agencies23
	217	+	and functions for repeal, continuation, or reestablishment - legislative24
	218	+	declaration - repeal. (24) (a) The following agencies, functions, or both,25
	219	+	are scheduled for repeal on September 1, 2023:26
	220	+	(IV) The appointment of notaries public through the secretary of27
	221	+	153
	222	+	-6- state in accordance with part 5 of article 21 of this title 24;1
	223	+	(33) (a) The following agencies, functions, or both, are scheduled2
	224	+	for repeal on September 1, 2032:3
	225	+	(IV) T
	226	+	HE APPOINTMENT OF NOTARIES PUBLIC THROUGH THE4
	227	+	SECRETARY OF STATE IN ACCORDANCE WITH PART 5 OF ARTICLE 21 OF THIS5
	228	+	TITLE 24.6
	229	+	7
	230	+	SECTION 9. Appropriation. (1) For the 2023-24 state fiscal8
	231	+	year, $96,568 is appropriated to the department of state. This9
	232	+	appropriation is from the department of state cash fund created in section10
	233	+	24-21-104 (3)(b), C.R.S. To implement this act, the department may use11
	234	+	this appropriation as follows:12
	235	+	(a) $88,953 for personal services related to business and licensing,13
	236	+	which amount is based on an assumption that the division will require an14
	237	+	additional 0.7 FTE;15
	238	+	(b) $5,350 for operating expenses related to business and16
	239	+	licensing; and17
	240	+	(c) $2,265 for operating expenses related to information18
	241	+	technology.19
	242	+	SECTION 10. Effective date. This act takes effect upon passage;20
	243	+	except that sections 1, 2, 3, 4, and 5 of this act take effect September 1,21
	244	+	2023.22
	245	+	SECTION 11. Safety clause. The general assembly hereby finds,23
	246	+	determines, and declares that this act is necessary for the immediate24
	247	+	preservation of the public peace, health, or safety.25
	248	+	153
	249	+	-7-