Date: 03/03/2009

Final
BILL SUMMARY for SB09-111

HOUSE COMMITTEE ON STATE, VETERANS, & MILITARY AFFAIRS

Votes: View--> Action Taken:
Moved prepared amendment L.004 (Attachment F). Th
Moved prepared amendment L.005 (Attachment G). Th
Moved to refer Senate Bill 09-111, as amended, to 		Pass Without Objection
Pass Without Objection
PASS



03:11 PM -- Senate Bill 09-111

Representative Court, prime sponsor, presented Senate Bill 09-111, concerning continuation of the "Notaries Public Act". Representative Court explained the effect of the bill, and discussed forthcoming prepared amendments L.004 (Attachment F) and L.005 (Attachment G).

090303AttachF.pdf 090303AttachG.pdf


03:16 PM

The following persons testified regarding Senate Bill 09-111:


03:16 PM -- Mr. Brian Tobias, representing the Department of Regulatory Agencies, testified in favor of the bill, and explained the effect of prepared amendment L.005. Mr. Tobias also explained the circumstances that led to the need for amendment L.005. Mr. Tobias responded to questions regarding the elimination of certain provisions in state law by the bill, and the effect of amendment L.004 on these provisions.


03:19 PM -- Mr. James Benjamin, representing the Colorado Bar Association, testified in favor of the bill. Mr. Benjamin explained the effect of amendment L.004, and the reason for eliminating certain portions of the bill by the amendment. Mr. Benjamin also explained why a certain provision stricken by amendment L.004 was originally in the bill. Mr. Benjamin responded to questions regarding the concept of dishonor and presentment, such as when a payment of a check is refused by a bank. Mr. Benjamin responded to further questions regarding the elimination of the authority of a notary to notarize photographs, and the treatment of conflicts of interest as a disqualifying condition for performing notorial acts by the bill.


03:29 PM -- Ms. Angela Davidson, representing US Bank, testified in favor of Senate Bill 09-111. Ms. Davidson discussed a situation in which failures by a notary employed by US Bank resulted in a large monetary loss, and efforts by the bank to better regulate the activities of its notaries. Ms. Davidson responded to questions regarding a provision in the bill that requires the Secretary of State to promulgate rules that require notaries to complete training, and how such training would be provided. Ms. Davidson also discussed the efficacy of this type of training.


03:35 PM -- Mr. Mike Shea, representing the Secretary of State, testified regarding the bill, making himself available for questions. Mr. Shea responded to questions regarding notary training currently provided by the Secretary of State, and discussed the inability of the department to provide enough training.


03:39 PM

Representative Hullinghorst explained the effect of prepared amendment L.004.
BILL:SB09-111
TIME: 03:39:37 PM
MOVED:Court
MOTION:Moved prepared amendment L.004 (Attachment F). The motion passed without objection.
SECONDED:Hullinghorst
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Excused
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection


03:40 PM

Representative Court explained the effect of prepared amendment L.005.
BILL:SB09-111
TIME: 03:40:12 PM
MOVED:Court
MOTION:Moved prepared amendment L.005 (Attachment G). The motion passed without objection.
SECONDED:Hullinghorst
VOTE
Casso
Court
Hullinghorst
Lambert
Massey
McCann
Miklosi
Murray
Nikkel
Labuda
Excused
Todd
Not Final YES: 0 NO: 0 EXC: 1 ABS: 0 FINAL ACTION: Pass Without Objection



03:40 PM

Representative Court provided closing remarks in favor of Senate Bill 09-111.


BILL:SB09-111
TIME: 03:41:11 PM
MOVED:Court
MOTION:Moved to refer Senate Bill 09-111, as amended, to the Committee of the Whole with favorable recommendation. The motion passed on a 9-0-2 roll call vote.
SECONDED:Hullinghorst
VOTE
Casso
Yes
Court
Yes
Hullinghorst
Yes
Lambert
Yes
Massey
Yes
McCann
Yes
Miklosi
Yes
Murray
Excused
Nikkel
Yes
Labuda
Excused
Todd
Yes
Final YES: 9 NO: 0 EXC: 2 ABS: 0 FINAL ACTION: PASS




03:42 PM

The committee adjourned.