HOUSE BILL 981043
BY REPRESENTATIVES Arrington and Taylor;
also SENATORS Congrove and Tebedo.
CONCERNING CONTINUATION OF THE FUNCTIONS OF THE SECRETARY
OF STATE RELATED TO THE COMMISSIONING OF NOTARIES PUBLIC.
Be it enacted by the General Assembly of the State
of Colorado:
SECTION 1. 1255123,
Colorado Revised Statutes, is amended to read:
1255123. Repeal of article.
This article is repealed, effective July
1, 1998 JULY 1, 2009. Prior to such
repeal, the appointment function of the secretary of state shall
be reviewed as provided for in section 2434104, C.R.S.
SECTION 2. Repeal. 2434104
(27.5) (e), Colorado Revised Statutes, is repealed as follows:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (27.5) (e) The
following function of the specified agency shall terminate on
July 1, 1998: The appointment of notaries public through the
secretary of state in accordance with part 1 of article 55 of
title 12, C.R.S.
SECTION 3. 2434104,
Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW
SUBSECTION to read:
2434104. General assembly
review of regulatory agencies and functions for termination, continuation,
or reestablishment. (40) THE
FOLLOWING AGENCIES, FUNCTIONS, OR BOTH, SHALL TERMINATE ON JULY
1, 2009: THE APPOINTMENT OF NOTARIES PUBLIC THROUGH THE SECRETARY
OF STATE IN ACCORDANCE WITH PART 1 OF ARTICLE 55 OF TITLE 12,
C.R.S.
SECTION 4. Part
1 of article 55 of title 12, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
1255102.5. Disposition
of fees. (1) ALL FEES COLLECTED
BY THE OFFICE OF THE SECRETARY OF STATE PURSUANT TO THIS ARTICLE
SHALL BE COLLECTED IN THE MANNER REQUIRED BY SECTION 2421104
(3), C.R.S., AND TRANSMITTED TO THE STATE TREASURER, WHO SHALL
CREDIT THE SAME TO THE NOTARY ADMINISTRATION CASH FUND, WHICH
FUND IS HEREBY CREATED IN THE STATE TREASURY.
(2) THE GENERAL ASSEMBLY SHALL MAKE ANNUAL
APPROPRIATIONS FROM THE NOTARY ADMINISTRATION CASH FUND FOR EXPENDITURES
OF THE SECRETARY OF STATE INCURRED IN THE PERFORMANCE OF THE SECRETARY
OF STATE'S DUTIES UNDER THIS ARTICLE.
(3) PURSUANT TO SECTION 2436114,
C.R.S., ALL INTEREST DERIVED FROM THE DEPOSIT AND INVESTMENT OF
MONEYS IN THE NOTARY ADMINISTRATION CASH FUND SHALL BE CREDITED
TO THE GENERAL FUND.
SECTION 5. 2421104
(3) (b), Colorado Revised Statutes, is amended, and the said 2421104
(3) is further amended BY THE ADDITION OF A NEW PARAGRAPH, to
read:
2421104. Fees of secretary
of state. (3) (b) The
department of state shall adjust its fees, except fees charged
pursuant to section 411102, C.R.S., every two years
so that the revenue generated from the fees approximates its direct
and indirect costs. Such costs shall not include the costs paid
by the amounts appropriated by the general assembly from the general
fund to the department of state for elections pursuant to section
2421104.5. Such fees shall remain in effect for the
two subsequent fiscal years following the adjustment. All fees
collected by said department shall be transmitted to the state
treasurer, except moneys collected pursuant to subparagraph (II)
of paragraph (f) of this subsection (3), AND ARTICLE 55 OF TITLE
12, C.R.S., who shall credit the same to the department of state
cash fund, which fund is hereby created. All moneys credited
to the department of state cash fund shall be used as provided
in this section and shall not be deposited in or transferred to
the general fund of this state or any other fund. The moneys
credited to the department of state cash fund shall be available
for appropriation by the general assembly to the department of
state in the general appropriation bill or pursuant to section
249105 (2).
(i) ALL MONEYS COLLECTED BY THE OFFICE
OF THE SECRETARY OF STATE PURSUANT TO ARTICLE 55 OF TITLE 12,
C.R.S., SHALL BE TRANSMITTED TO THE STATE TREASURER AND CREDITED
TO THE NOTARY ADMINISTRATION CASH FUND, CREATED IN SECTION 1255102.5,
C.R.S.
SECTION 6. Part
1 of article 55 of title 12, Colorado Revised Statutes, is amended
BY THE ADDITION OF A NEW SECTION to read:
1255103.5. Training.
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 7. 1255107
(1), (2), and (3), Colorado Revised Statutes, are amended, and
the said 1255107 is further amended BY THE ADDITION
OF A NEW SUBSECTION, to read:
1255107. Revocation of
commission. (1) The secretary
of state OR THE SECRETARY OF STATE'S DESIGNEE may deny the application
of any person for appointment or reappointment, or revoke the
commission of any notary public during his
SUCH NOTARY'S term of appointment if the notary public:
(a) Submits an application for commission
and appointment which
THAT contains substantial and material misstatement or omission
of fact;
(b) Is convicted of official misconduct
under the provisions of this part 1 or any felony;
(c) Fails to exercise the powers or perform
the duties of a notary public in accordance with this part 1;
(d) Knowingly uses false or misleading
advertising in which he
SUCH NOTARY represents that he
SUCH NOTARY has powers, duties, rights, or privileges that he
SUCH NOTARY does not possess by law;
(e) Is found by a court of this state
to have engaged in the unauthorized practice of law;
(f) Ceases to fulfill the requirements
applicable to his
SUCH NOTARY'S most recent appointment;
(g) Notarizes any blank document.
(1.5) WHENEVER THE SECRETARY OF STATE
OR THE SECRETARY OF STATE'S DESIGNEE BELIEVES THAT A VIOLATION
OF THIS ARTICLE HAS OCCURRED, THE SECRETARY OF STATE OR THE SECRETARY
OF STATE'S DESIGNEE MAY INVESTIGATE ANY SUCH VIOLATION. THE SECRETARY
OF STATE OR THE SECRETARY OF STATE'S DESIGNEE MAY ALSO INVESTIGATE
POSSIBLE VIOLATIONS OF THIS ARTICLE UPON A SIGNED COMPLAINT FROM
ANY PERSON.
(2) THE SECRETARY OF STATE OR THE SECRETARY
OF STATE'S DESIGNEE MAY REVOKE a notary's commission may
be revoked under the provisions of
this part 1 only if action is taken pursuant to article 4 of title
24, C.R.S.
(3) After a notary public receives notice
from the secretary of state OR THE SECRETARY OF STATE'S DESIGNEE
that his
SUCH NOTARY'S commission has been revoked, and unless such revocation
has been enjoined, such notary shall immediately send by
certified mail or have delivered
to the secretary of state his
SUCH NOTARY'S journal of notarial acts, all other papers and copies
relating to his
SUCH NOTARY'S notarial acts, and his
SUCH NOTARY'S official seal.
SECTION 8. 1255113,
Colorado Revised Statutes, is amended to read:
1255113. Lost journal or
official seal. Every notary public shall
send by certified mail
or have delivered notice to the secretary of state within thirty
days after he
THE NOTARY loses or misplaces his
SUCH NOTARY'S journal of notarial acts or official seal. The
fee payable to the secretary of state for recording notice of
a lost journal or seal shall be determined and collected pursuant
to section 2421104 (3), C.R.S.
SECTION 9. 1255114,
Colorado Revised Statutes, is amended to read:
1255114. Change of name
or address. (1) Every notary
public shall send by certified mail
or have delivered notice to the secretary of state within thirty
days after he
SUCH NOTARY changes the address of his
SUCH NOTARY'S business or residence in this state. The fee payable
to the secretary of state for recording notice of change of address
shall be determined and collected pursuant to section 2421104
(3), C.R.S.
(2) Every notary public shall send by
certified mail or have delivered
notice to the secretary of state within thirty days after he
SUCH NOTARY changes his
SUCH NOTARY'S name, including with the notification a sample of
his SUCH
NOTARY'S handwritten official signature which
THAT contains his
SUCH NOTARY'S surname and at least the initial of his
SUCH NOTARY'S first name. The fee payable to the secretary of
state for recording notice of change of notary's name shall be
determined and collected pursuant to section 2421104
(3), C.R.S.
SECTION 10. 1255115,
Colorado Revised Statutes, is amended to read:
1255115. Death resignation
removal from state. (1) If
a notary public dies during the term of his
THE NOTARY'S appointment, his
THE NOTARY'S heirs or personal representative, as soon as reasonably
possible after the notary's death, shall send by
certified mail or have delivered
to the secretary of state the deceased notary's journal of notarial
acts and his
THE NOTARY'S seal, if available.
(2) If a notary public no longer desires
to be a notary public or has ceased to have a business or residence
address in this state, he
THE NOTARY shall send by certified
mail or have delivered to the secretary
of state a letter of resignation, his
THE NOTARY'S journal of notarial acts, and all other papers and
copies relating to his
THE NOTARY'S notarial acts, including his
THE NOTARY'S seal. His
THE NOTARY'S commission shall thereafter cease to be in effect.
SECTION 11. Effective
date applicability. This act shall take
effect July 1, 1998, and shall apply to acts occurring on or after
said date.
SECTION 12. 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.
____________________________ ____________________________
Charles E. Berry Tom Norton
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Judith M. Rodrigue Patricia K. Dicks
CHIEF CLERK OF THE HOUSE ASSISTANT SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
_________________________________________
Roy Romer
GOVERNOR OF THE STATE
OF COLORADO
Created: 3/18/98 Updated: 3/18/98