Amendments for SB20-096
Senate Journal, February 13
After consideration on the merits, the Committee recommends that SB20-096 be amended
as follows, and as so amended, be referred to the Committee on Appropriations with
favorable recommendation.
Amend printed bill, page 9, lines 23 and 24, strike "(9)(b), BUT MUST NOT
INCLUDE ANY OTHER INFORMATION." and substitute "(9)(b). A NOTARY
PUBLIC SHALL TAKE REASONABLE MEASURES TO NOT INCLUDE ANY OTHER
INFORMATION ON THE RECORDING.".
Page 9, line 25, strike "COLORADO".
Page 10, line 23, strike "AND".
Page 11, strike line 6 and substitute "INDIVIDUAL; AND
(V) THE STATEMENTS, ACTS, AND CONDUCT NECESSARY TO
PERFORM THE REQUESTED NOTARIAL ACT OR SUPERVISION OF SIGNING OR
WITNESSING OF THE SUBJECT RECORD.".
Page 11, after line 11 insert:
"(d) THE FAILURE OF A NOTARY PUBLIC TO PERFORM A DUTY OR
MEET A REQUIREMENT SPECIFIED IN THIS SUBSECTION (9) DOES NOT
INVALIDATE A REMOTE NOTARIZATION PERFORMED BY THE NOTARY
PUBLIC. A NOTARY PUBLIC IS NOT LIABLE TO ANY PERSON FOR DAMAGES
CLAIMED TO ARISE FROM A FAILURE TO PERFORM A DUTY OR MEET A
REQUIREMENT SPECIFIED IN SUBSECTION (9)(b) OF THIS SECTION.".
Page 12, line 9, strike "TO COMPLY" and substitute "IN ACCORDANCE".
Page 13, line 14, strike everything after the period.
Page 13, strike lines 15 and 16.
Judiciary
Senate Journal, March 6
After consideration on the merits, the Committee recommends that SB20-096 be amended
as follows, and as so amended, be referred to the Committee of the Whole with favorable
recommendation.
Amend printed bill, page 14, strike lines 7 through 15 and substitute
"applicability. (1) This act takes effect January 1, 2022; except that, if
a referendum petition is filed pursuant to section 1 (3) of article V of the
state constitution against this act or an item, section, or part of this act
within the ninety-day period after final adjournment of the general
assembly, then the act, item, section, or part will not take effect unless
approved by the people at the general election to be held in November
2020 and, in such case, will take effect January 1, 2022.".
Appro-
priations
Senate Journal, March 10
SB20-096 by Senator(s) Rodriguez; also Representative(s) Duran and Carver--Concerning an
authorization for notaries public to perform notarial acts using audio-video communication.
Amendment No. 1, Judiciary Committee Amendment.
(Printed in Senate Journal, February 13, pages 241-242 and placed in members' bill files.)
Amendment No. 2, Appropriations Committee Amendment.
(Printed in Senate Journal, March 6, page 447 and placed in members' bill files.)
Amendment No. 3(L.007), by Senator Rodriguez.
Amend printed bill, page 11, line 25, strike "OR PURSUANT TO" and
substitute "BY FILING".
Page 12, strike lines 2 through 4 and substitute:
"(c) NOT USE, SELL, OR OFFER TO SELL TO ANOTHER PERSON OR
TRANSFER TO ANOTHER PERSON FOR USE OR SALE ANY PERSONAL
INFORMATION OBTAINED UNDER THIS SECTION THAT IDENTIFIES A
REMOTELY LOCATED INDIVIDUAL, A WITNESS TO A REMOTE
NOTARIZATION, OR AN INDIVIDUAL NAMED IN A RECORD PRESENTED FOR
REMOTE NOTARIZATION, EXCEPT:".
Page 12, line 5, strike "TO FACILITATE" and substitute "AS NECESSARY TO
FACILITATE".
Page 12, line 15, strike "PROVIDER" and substitute "PROVIDER,".
Page 12, line 16, strike "UNIT." and substitute "UNIT AND THE
TRANSFEREE AGREES TO COMPLY WITH THE RESTRICTIONS SET FORTH IN
THIS SUBSECTION (11).".
Page 12, after line 16 insert:
"(12) SUBJECT TO APPLICABLE LAW OTHER THAN THIS ARTICLE 21,
IF A RECORD IS PRIVILEGED PURSUANT TO SECTION 13-90-107 (1)(b), THE
CORRESPONDING ELECTRONIC RECORD SECURED AND STORED BY THE
REMOTE NOTARIZATION SYSTEM AS PROVIDED IN THIS ARTICLE 21
REMAINS PRIVILEGED.".
Amendment No. 4(L.008), by Senator Rodriguez.
Amend printed bill, page 14, before line 6 insert:
"SECTION 7. In Colorado Revised Statutes, 10-11-122, add (4)
as follows:
10-11-122. Title commitments - rules. (4) (a) IF A TITLE
INSURANCE AGENT OR TITLE INSURANCE COMPANY IS REQUIRED TO
PROVIDE THE STATEMENT REQUIRED BY SUBSECTION (1) OF THIS SECTION,
THE AGENT OR COMPANY SHALL ALSO PROVIDE A STATEMENT
SUBSTANTIALLY AS FOLLOWS:
COLORADO NOTARIES MAY REMOTELY
NOTARIZE REAL ESTATE DEEDS AND OTHER
DOCUMENTS USING REAL-TIME AUDIO-VIDEO
COMMUNICATION TECHNOLOGY. YOU MAY
CHOOSE NOT TO USE REMOTE NOTARIZATION
FOR ANY DOCUMENT.
(b) FAILURE OF A PERSON TO PROVIDE THE STATEMENT REQUIRED
BY THIS SUBSECTION (4) DOES NOT SUBJECT THE PERSON TO ANY
LIABILITY UNDER THIS ARTICLE 11 OR TO THE PENALTY PROVISIONS OF
SECTION 10-3-111 AND DOES NOT AFFECT OR INVALIDATE ANY
PROVISIONS OF THE COMMITMENT FOR TITLE INSURANCE.".
Renumber succeeding section accordingly.
Amendment No. 5(L.009), by Senator Rodriguez.
Amend the Judiciary Committee Report, dated February 12, 2020, page
1, line 3, strike "TAKE REASONABLE MEASURES" and substitute "MAKE A
GOOD-FAITH EFFORT".
Amendment No. 6(L.010), by Senator Rodriguez.
Amend printed bill, page 7, line 8, strike "THIS STATE" and substitute
"THE STATE OF COLORADO".
As amended, ordered engrossed and placed on the calendar for third reading and final
passage.
House Journal, May 28
10 SB20-096 be amended as follows, and as so amended, be referred to
11 the Committee on Appropriations with favorable
12 recommendation:
13
14 Amend reengrossed bill, page 2, after line 1 insert:
15
16 "SECTION 1. Legislative declaration. The general assembly
17 recognizes the importance of protecting personal information that is
18 disclosed and recorded, including both audio and video, during the remote
19 notarization process. Data privacy is an essential part of Colorado's
20 authorization of remote notarization and the security of personal data
21 from unauthorized use or theft is of critical importance in the
22 implementation of remote notarization requirements in Colorado.".
23
24 Renumber succeeding sections accordingly.
25
26 Page 12, line 16, strike "AN INDIVIDUAL" and substitute "A PERSON".
27
28 Page 14, line 10, strike "(1)(g) and (1)(h)" and substitute "(1)(g), (1)(h),
29 and (3)".
30
31 Page 14, line 11, strike "Rules." and substitute "Rules - definitions -
32 repeal.".
33
34 Page 14, after line 24 insert:
35
36 "(3) (a) AS USED IN THIS SUBSECTION (3):
37 (I) "INTERIM PERIOD" MEANS THE PERIOD BEGINNING ON MARCH
38 30, 2020, AND ENDING ON DECEMBER 31, 2020.
39 (II) "TEMPORARY RULE" MEANS RULE 5 OF THE NOTARY PROGRAM
40 RULES AS ADOPTED BY THE SECRETARY OF STATE EFFECTIVE MARCH 30,
41 2020, AND PUBLISHED AT 8 CCR 1505-11, AND ANY ANALOGOUS
42 SUCCESSOR EMERGENCY RULE OF THE NOTARY PROGRAM THAT
43 AUTHORIZES REMOTE NOTARIZATIONS.
44 (b) DURING THE INTERIM PERIOD:
45 (I) A NOTARY PUBLIC COMMISSIONED BY THE SECRETARY OF STATE
46 MAY PERFORM NOTARIAL ACTS WITH RESPECT TO A REMOTELY LOCATED
47 INDIVIDUAL USING AUDIO-VIDEO COMMUNICATION IN ACCORDANCE WITH,
48 AND SUBJECT TO THE LIMITATIONS AND RESTRICTIONS SET FORTH IN, THE
49 TEMPORARY RULE; AND
50 (II) INSOFAR AS IT RELATES TO ANY NOTARIAL ACT PERMITTED BY
51 THE TEMPORARY RULE AND PERFORMED DURING THE INTERIM PERIOD, ANY
52 REQUIREMENT IN THIS PART 5 OR TITLE 38 THAT AN INDIVIDUAL MAKING
53 A STATEMENT OR EXECUTING A SIGNATURE APPEAR PERSONALLY BEFORE
54 A NOTARIAL OFFICER IS SATISFIED BY THE PROCEDURES SPECIFIED IN AND
55 PERMITTED BY THE TEMPORARY RULE.
56 (c) THE SECRETARY OF STATE MAY AMEND THE TEMPORARY RULE
1 IN ACCORDANCE WITH ARTICLE 4 OF THIS TITLE 24, BUT THE AMENDMENT
2 MUST NOT PERMIT THE PERFORMANCE OF A REMOTE NOTARIZATION WITH
3 RESPECT TO A RECORD DESCRIBED IN SECTION 5.2.2 OF THE TEMPORARY
4 RULE OTHER THAN IN ACCORDANCE WITH THE PROVISIONS OF THE
5 TEMPORARY RULE AS IT EXISTED ON THE EFFECTIVE DATE OF THIS
6 SUBSECTION (3).
7 (d) A NOTARIAL ACT PERFORMED DURING THE INTERIM PERIOD
8 WITH RESPECT TO A REMOTELY LOCATED INDIVIDUAL THAT COMPLIED
9 WITH THE TEMPORARY RULE IS NOT INVALID DUE TO THE LACK OF EXPRESS
10 STATUTORY AUTHORITY FOR THE NOTARIAL ACT.
11 (e) THE SECRETARY OF STATE SHALL UPDATE THE APPLICABLE
12 JOINT COMMITTEE OF REFERENCE DURING THE DEPARTMENT OF STATE'S
13 2020 PRESENTATION MADE PURSUANT TO SECTION 2-7-203 REGARDING
14 THE IMPLEMENTATION OF THIS SUBSECTION (3).
15 (f) SUBSECTIONS (3)(b), (3)(c), AND (3)(e) OF THIS SECTION AND
16 THIS SUBSECTION (3)(f) ARE REPEALED, EFFECTIVE DECEMBER 31, 2020.".
17
18 Page 15, strike lines 16 through 25 and substitute:
19
20 "SECTION 9. Effective date - applicability. (1) This act:
5 21 (a) Takes effect upon passage; except that sections 1 through
22 and 7 of this act take effect December 31, 2020; and
23 (b) Applies to conduct occurring on or after March 30, 2020.
24 SECTION 10. Safety clause. The general assembly hereby finds,
25 determines, and declares that this act is necessary for the immediate
26 preservation of the public peace, health, or safety.".
27
28
House Journal, June 3
50 SB20-096 be amended as follows, and as so amended, be referred to the
51 Committee of the Whole with favorable recommendation:
52
53 Amend reengrossed, page 15, after line 15 insert:
54
55 "SECTION 8. Appropriation. (1) For the 2020-21 state fiscal
1 year, $132,795 is appropriated to the department of state. This
2 appropriation is from the department of state cash fund created in section
3 24-21-104 (3)(b), C.R.S. To implement this act, the department may use
4 this appropriation as follows:
5 (a) $57,910 for use by the business and licensing division for
6 personal services, which amount is based on an assumption that the
7 division will require an additional 1.1 FTE;
8 (b) $7,685 for use by the business and licensing division for
9 operating expenses; and
10 (c) $67,200 for use by the information technology division for
11 personal services.".
12
13 Renumber succeeding section accordingly.
14
15 Page 1, line 102, strike "COMMUNICATION." and substitute
16 "COMMUNICATION, AND, IN CONNECTION THEREWITH, MAKING AN
17 APPROPRIATION.".
18
19
House Journal, June 4
9 Amendment No. 1, Appropriations Report, dated June 3, 2020, and placed
10 in member’s bill file; Report also printed in House Journal, June 3, 2020.
11
12 Amendment No. 2, Business Affairs & Labor Report, dated May 27, 2020,
13 and placed in member’s bill file; Report also printed in House Journal,
14 May 28, 2020.
15
16 Amendment No. 3, by Representative Carver.
17
18 Amend the Business Affairs and Labor Committee Report, dated May 27,
19 2020, page 2, lines 38 and 39, strike "5 and 7" and substitute "6 and 8".
20
21 As amended, ordered revised and placed on the Calendar for Third
22 Reading and Final Passage.
23