Final
STAFF SUMMARY OF MEETING

SENATE COMMITTEE ON STATE, VETERANS & MILITARY AFFAIRS

Date:01/21/2009
ATTENDANCE
Time:01:37 PM to 02:28 PM
Boyd
X
Cadman
E
Place:SCR 356
Schultheis
X
Bacon
X
This Meeting was called to order by
Williams
E
Senator Williams
This Report was prepared by
Geoff Johnson
X = Present, E = Excused, A = Absent, * = Present after roll call
Bills Addressed: Action Taken:
Sunset Review - Notaries Public-

01:37 PM -- Sunset Review - Notaries Public

Senator Bacon, Chairman, called the meeting to order.

01:37 PM

The following persons testified:

01:38 PM

Brian Tobias, Senior Policy Analyst, Department of Regulatory Agencies (DORA), commented on the functions of the profession of notary public and said that there are more than 106,000 notaries registered in Colorado. He commented on the role of notarization in ensuring safe transactions in Colorado and the nation. He commented on DORA's recommendations relating to the sunset report, including requirements to: make journal entries for each notarial act mandatory; permit the issuance of letters of admonition and suspension for notaries public; clarify what constitutes a disqualifying interest when notarizing documents; repeal authority of notaries regarding certain documents under the Uniform Commercial Code, and repeal the authority of notaries to notarize photographs.

01:51 PM --
Mike Shea, Director of Licensing, Colorado Secretary of State's Office, said that his office receives minimal information regarding notaries who have moved out of state or died. He said that this situation results in many notary journals and state seals that are not returned to the Secretary of State. He commented on criminal and civil penalties to which notaries are subject.

01:57 PM --
Carol Salter, Longmont, representing herself, said that she has been a notary public for twelve years. She stated her support for mandatory journal entries for notaries to ensure that notarizations are performed with the signer present, and to note instances in which a notary refuses to notarize a document. She noted that keeping a journal can help to prevent future lawsuits for notaries and she stated her support for mandatory education requirements for notaries.





02:05 PM --
Mike Shea commented on past attempts to require mandatory training for notaries in Colorado.

02:07 PM -- Brian Tobias commented on the rationale for periodically reviewing the Notaries Public Act.

02:12 PM --
Kris Forrestal, Office of Legislative Legal Services, commented on sunset review requirements and time frames for those reviews.

02:17 PM

Recess

02:22 PM

The committee meeting reconvened.

02:22 PM

Diana Myelo, Colorado Notary Manager, Secretary of State's Office, said that many notaries do not have an adequate understanding of the Notaries Public Act and would benefit from further training.

02:23 PM

Andrew Whitfield, Deputy Director of Licensing, Secretary of State's Office, supported further training requirements for notaries.
BILL:Sunset Review - Notaries Public
TIME: 02:26:52 PM
MOVED:Boyd
MOTION:Moved that the draft bill be amended to grant the Secretary of State rule-making authority to develop an educational training requirement for notaries public. The motion passed without objection.
SECONDED:
VOTE
Boyd
Cadman
Excused
Schultheis
Bacon
Williams
Excused
Not Final YES: 0 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: Pass Without Objection




BILL:Sunset Review - Notaries Public
TIME: 02:27:03 PM
MOVED:Boyd
MOTION:Moved that the draft bill, as amended, be recommended for introduction, and that the bill drafter be permitted to make any necessary technical changes to the bill. The motion passed on a 3-0-2 roll call vote.
SECONDED:
VOTE
Boyd
Yes
Cadman
Excused
Schultheis
Yes
Bacon
Yes
Williams
Excused
Final YES: 3 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS

02:28 PM

The committee meeting adjourned.