First Regular Session Sixty-fifth General Assembly STATE OF COLORADO INTRODUCED LLS NO. 05-0196.01 Christy Chase HOUSE BILL 05-1007 HOUSE SPONSORSHIP Garcia, SENATE SPONSORSHIP Sandoval, House Committees Senate Committees State, Veterans, & Military Affairs A BILL FOR AN ACT Concerning the regulation of notaries public, and, in connection therewith, requiring applicants to obtain training prior to appointment or reappointment as a notary public and requiring notaries public to keep a journal of all notarial acts. Bill Summary (Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.) On and after January 1, 2006, requires all applicants for appointment and commission, or for reappointment, as a notary public to take a course of instruction approved by the secretary of state and pass a written examination on the material covered by the course within the 3 months preceding the application. Specifies that notaries public are to keep a journal of all their notarial acts. Be it enacted by the General Assembly of the State of Colorado: SECTION 1. 12-55-103.5, Colorado Revised Statutes, is amended to read: 12-55-103.5. Training. (1) On and after January 1, 2006, every applicant for appointment and commission as a notary public, or for reappointment as a notary public, shall take a course of instruction that has been approved by the secretary of state. The applicant shall take an approved course and pass a written examination on the material covered by the course within three months immediately preceding the date on which the applicant files the application for appointment or reappointment. (2) The office of the secretary of state may enter into a contract with a private contractor or contractors to conduct notary training programs. The contractor or contractors may charge a fee for any such training program. SECTION 2. 12-55-111 (1), Colorado Revised Statutes, is amended to read: 12-55-111. Journal. (1) Every notary public shall keep a journal of every acknowledgment taken by such notarial act of the notary to an instrument affecting the title to real property and, if required, give a certified copy of or a certificate as to any such journal or any of such notary's acts, upon payment of such notary's fee. SECTION 3. Effective date. This act shall take effect at 12:01 a.m. on the day following the expiration of the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution (August 10, 2005, if adjournment sine die is on May 11, 2005); except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.