CO House Bill 05-1136

Legislation

State: Colorado
Signed: April 20, 2005

Effective: July 19, 2005
Chapter: 88

Summary

Colorado introduces a new "Pictorial Notary" duty and requires the Secretary of State to adopt rules to regulate Notaries who perform this duty.

Affects

Adds Section 12-55-106.7 to the Colorado Revised Statutes.

Changes

Directs the Secretary of State to adopt rules as soon as feasible for allowing Notaries to transmit encrypted, authenticated photographs of individuals for use by motor vehicle offices, credit card companies, and other entities requiring authenticated photographs of individuals.
Specifies that the rules must: (a) require Notaries who transmit photographs of individuals to maintain an encryption device or other technology that will protect the security and authenticity of electronically transmitted photographs; and (b) allow Notaries to charge a fee not to exceed $10 for each photograph electronically transmitted.
Specifies that the rules will take effect upon approval by the General Assembly.

Analysis

Colorado introduces a new "Pictorial Notary" duty and requires the Secretary of State to adopt rules to regulate Notaries who perform this duty. Colorado scores high marks for leveraging the identity screening skills of Notaries in an innovative way, and for envisioning how Notaries can impart security and trust to the needs of the rapidly developing e-commerce economy. The NNA testified in favor of the bill and its support helped clear the way for enactment. The new law should be particularly welcome to the general public by allowing such future options as renewing a driver’s license without visiting the DMV. Focus now will shift to the regulations which must be promulgated and approved by the General Assembly before this law can be implemented. One important matter to be resolved: Will this law require a new “Pictorial Notary” commission, or may current Notaries perform this duty?

Read House Bill 05-1136.