Bill Summary for Bill Number HB05-1007

Final
BILL SUMMARY for HB05-1007

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes:

Action Taken:

Moved Amendment L.001. Representative Garcia prov
moved to remove lines 16 through 22 on Page 2 of t
moved to remove the following phrase on page 2, li
Referred HB05-1007 to the Committee of the Whole w

FAIL
FAIL
FAIL
PASS

01:50 PM -- House Bill 05-1007

Representative Garcia, prime sponsor, introduced House Bill 05-1007 concerning the regulation of notaries public, and requiring notary applicants to obtain training prior to appointment or reappointment. He believes that requiring the education or training of notaries protects the notaries and their clients. Representative Garcia responded to committee questions.

Committee discussion ensued.

The following people testified:

02:10 PM -- Julie Hoerner, Director of Legislative Policy, representing the Department of Regulatory Agencies (DORA), indicated that there is a legal question pertaining to the mandatory educational requirement that is being proposed by this legislation. She explainede that DORA believes it is to be notified before such a bill is introduced, citing Section 24-34-901, C.R.S.. This statute states that "before any bill is introduced. . . that contains a mandatory continuing education requirement for any occupation or profession, the practice of which requires a state of Colorado License, certificate, or registration, the group of association proposing such mandatory continuing education requirement shall first submit information concerning the need for such a requirement to the office of the executive director of the department of regulatory agencies."

02:12 PM -- Mike Shea, representing the Secretary of State's Office, spoke in favor of the bill. He addressed the legal question raised regarding the bill's mandatory training. He explained the current notary public procedures and complaints against notaries. Mr. Shea responded to committee questions regarding notary public regulations, identity theft related to notary public activities, the requirement of notaries to keep a journal of every notarial act of the notary, etc.

02:36 PM -- Diane Evans, representing Land, Title, and Guarantee Association of Colorado, supported the legislation as amended by Amendment L.001 (Attachment A). She believes the mandatory training requirement in the bill should not apply to a real estate broker, lawyer, or a title insurance agent who is employed by a real estate broker, lawyer, or a title insurance company or title insurance agent. She responded to committee questions.


BILL:	HB05-1007
TIME:	02:44:20 PM
MOVED:	Coleman
MOTION:	Moved Amendment L.001. Representative Garcia provided further explanation of the amendment. The motion failed on a 2-9 vote.
SECONDED:	Schultheis
		VOTE
	Cadman	Yes
	Carroll T.	No
	Coleman	No
	Crane	No
	Gallegos	No
	Liston	No
	Lundberg	No
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Not Final YES: 2 NO: 9 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1007
TIME:	02:46:46 PM
MOVED:	Lundberg
MOTION:	moved to remove lines 16 through 22 on Page 2 of the bill. The motion failed on a 4-7 vote.
SECONDED:	Schultheis
		VOTE
	Cadman	Yes
	Carroll T.	No
	Coleman	No
	Crane	Yes
	Gallegos	No
	Liston	No
	Lundberg	Yes
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Not Final YES: 4 NO: 7 EXC: 0 ABS: 0 FINAL ACTION: FAIL


BILL:	HB05-1007
TIME:	02:48:28 PM
MOVED:	Schultheis
MOTION:	moved to remove the following phrase on page 2, line 6, ", or for reappointment as a notary public,". The motion failed on a 3-8 vote.
SECONDED:	Cadman
		VOTE
	Cadman	No
	Carroll T.	No
	Coleman	No
	Crane	Yes
	Gallegos	No
	Liston	No
	Lundberg	Yes
	Schultheis	Yes
	Todd	No
	Ragsdale	No
	Weissmann	No
Not Final YES: 3 NO: 8 EXC: 0 ABS: 0 FINAL ACTION: FAIL

02:52 PM -- Representative Weissmann requested discussion from the committee as to whether the bill should be tabled until January 25, 2005, or voted on today.


BILL:	HB05-1007
TIME:	02:52:05 PM
MOVED:	Carroll T.
MOTION:	Referred HB05-1007 to the Committee of the Whole with a favorable recommendation. The motion passed on a 9-2 vote.
SECONDED:	Coleman
		VOTE
	Cadman	Yes
	Carroll T.	Yes
	Coleman	Yes
	Crane	Yes
	Gallegos	Yes
	Liston	Yes
	Lundberg	No
	Schultheis	No
	Todd	Yes
	Ragsdale	Yes
	Weissmann	Yes
Final YES: 9 NO: 2 EXC: 0 ABS: 0 FINAL ACTION: PASS