Second Regular Session
              Sixty-fourth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 04-0810.01 Beth Braby           SENATE BILL 04-127
                   SENATE SPONSORSHIP
 Veiga
 
                    HOUSE SPONSORSHIP
 (None)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Senate Committees
 House Committees
 
 
 Judiciary
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning prohibited conduct of notaries public.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            Makes certain knowing and willful conduct of notaries public a
       deceptive trade practice and official misconduct, subject to the civil
       penalties for deceptive trade practices and the criminal penalties for
       official misconduct.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  12-55-110.3 (3) (b), Colorado Revised Statutes, is
       amended, and the said 12-55-110.3 is further amended BY THE
       ADDITION OF A NEW SUBSECTION, to read:
            12-55-110.3.  Advertisements for services - unauthorized
       practice of law - prohibited conduct - penalties.  (3) (b)  A notary
       public who is not an attorney licensed to practice law as a member in
       good standing of the bar in Colorado is prohibited from:
            (I)  Providing any service that constitutes the unauthorized practice
       of law;
            (II)  Stating or implying that he or she is an attorney
       licensed to practice law in this state;
            (III)  Soliciting or accepting compensation to prepare
       documents for or otherwise represent the interest of another in
       a judicial or administrative proceeding, including a proceeding
       relating to immigration to the United States, United States
       citizenship, or related matters;
            (IV)  Soliciting or accepting compensation to obtain relief
       of any kind on behalf of another from any officer, agency, or
       employee of the state of Colorado or of the United States; or
            (V)  Using the phrase "notario" or "notario publico" to
       advertise the services of a notary public, whether by sign,
       pamphlet, stationery, or other written communication or by
       radio, television, or other nonwritten communication.
            (4)  Knowing and willful violation of the provisions of this
       section shall constitute a deceptive trade practice pursuant to
       section 6-1-105, C.R.S., and shall also constitute official
       misconduct pursuant to section 12-55-116.
            SECTION 2.  6-1-105 (1), Colorado Revised Statutes, is amended
       BY THE ADDITION OF A NEW PARAGRAPH to read:
            6-1-105.  Deceptive trade practices.  (1)  A person engages in a
       deceptive trade practice when, in the course of such person's business,
       vocation, or occupation, such person:
            (vv)  Violates section 12-55-110.3, C.R.S.
            SECTION 3.  Effective date - applicability.  This act shall take
       effect July 1, 2004, and shall apply to offenses committed on or after said
       date.
            SECTION 4.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.