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CO Senate Bill 23-153

Legislation

State: Colorado
Signed: May 17, 2023

Effective: September 01, 2023
Chapter: 212

Summary
Senate Bill 23-153 adds a broad authorization for interpreters to be used during notarial acts and provides rules and protections for the use of interpreters. It also raises the fees Notaries may charge.
Affects
Adds Section 24-21-514.7 to and amends Sections 24-21-502, 24-21-515, 24-21-519,24-21-523, 24-21-529, 24-21-540, 24-34-104 of the Colorado Revised Statutes.
Changes

Use of Interpreters

  1. Defines “interpreter” to mean an individual who provides interpreter services when a notarial officer and an individual executing a record do not communicate in the same language.
  2. Provides if a notarial officer and an individual for whom a notarial act is to be performed do not communicate in the same language, an interpreter who communicates in a language in common with both the notarial officer and the individual may be used to facilitate the notarial act.
  3. Provides that a notarial officer may rely on representations made by the interpreter on behalf of the individual for whom the notarial act is performed as factual.
  4. Provides that any errors in interpretation are not attributable to the notarial officer, and the notarial officer is not liable in any disputes arising from such errors.
  5. Requires an interpreter to (a) appear personally or remotely before the notarial officer and (b) be identified pursuant to CRS 24-21-507 or, if appearing personally by means of real-time audio-video communication, pursuant to CRS 24-21-514.5.
  6. Prohibits an interpreter from providing interpreter services when the interpreter has one of the following disqualifying interest in the transaction: (a) The interpreter or the interpreter's spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or (b) The interpreter or the interpreter's spouse or partner in a civil union may receive directly and as a proximate result of the notarization any advantage, right, title, interest, cash, or property.
  7. Clarifies that an interpreter is not disqualified for charging a reasonable fee for providing interpreter services.
  8. Provides that a notarial act is voidable if interpreter services are provided when the interpreter has a disqualifying interest.
  9. Provides that is not liable in any legal action regarding a dispute that directly results from an error in interpretation by an interpreter.
  10. Clarifies that a party who files an action for damages based on a violation of Colorado’s Revised Uniform Law on Notarial Acts involving an interpreter has the burden of proof in establishing that the dispute is related to a cause other than the interpretation.
  11. Clarifies that the rules for use of an interpreter in a notarial act does not limit a notarial officer's authority to refuse to perform a notarial act as set forth in CRS 24-21-508.
  12. Requires the certificate of notarial act for a remote notarization that was performed using an interpreter must indicate that the notarial act was performed using an interpreter and include the name and credential or certification number, if any, of the interpreter.
  13. Requires the following information to be entered into the journal entry for the notarial act: (a) The full name and address of any interpreter who provided interpreter services to facilitate the notarial act to be entered in the journal entry for the notarial act; and (b) The certification or credential number of any interpreter who provided interpreter services to facilitate the notarial act.
  14. Clarifies that CRS 24-21-523, which authorizes the Secretary of State to investigate possible violations of Colorado’s Revised Uniform Law on Notarial Acts does not authorize the Secretary or the Secretary's designee to investigate a potential violation concerning an action taken by an interpreter during a notarial act.

Notary Fees

  1. Raises the fee a Notary may charge for performing a notarial act from $5 to $15.
  2. Raises the fee a Notary may charge for a remote online notarization from $10 to $25.

Other Changes

  1. Repeals the requirement that a certificate of notarial act must contain the Notary's commission expiration date..
  2. Sunsets Colorardo's Revised Unifom Law on Notarial Acts on September 1, 2032.
  3. Makes technical changes.
Analysis

Colorado enacts specific provisions for the use of interpreters during a notarial act. In 2022, the Secretary of State published a rule stating that generally interpreters were not allowed to be used in performing notarial acts, but created an exception for deaf, blind, and deafblind individuals. This raised objections by many who commented on the proposed rule, particularly the title insurance industry. About this same time, Colorado’s Revised Uniform Law on Notarial Acts was about to expire and was undergoing a sunset review. The final report of that review recommended to continue the RULONA, but also added another recommendation for the Secretary of State to adopt rules allowing the use of interpreters for all notarial acts and raising the fees Notaries could charge. The result was Senate Bill 23-153. The NNA had urged the Colorado Secretary of State that if they were going to allow interpreters to be used for notarial acts more broadly than the administrative rule, they needed to create protections and a safe harbor for the Notary. While the NNA does not endorse the use of interpreters during a notarial act, we are satisfied that the safeguards in Senate Bill 23-153 will protect Notaries who perform notarial acts for individuals who do not speak the same language as the Notary. Senate Bill 23-153 also authorizes a Notary to charge a maximum $15 for a traditional paper or in-person electronic notarial act and $25 for a remote online notarial act.

Read Senate Bill 23-153.

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