CO House Bill 18-1138 | NNA
Law

CO House Bill 18-1138

Notary Law Update: CO House Bill 18-1138

State: Colorado

Summary:

House Bill 18-1138 makes changes related to oaths and affirmations.

Signed:  April 02, 2018

Effective:  August 08, 2018

Chapter: TBD

Affects:

Amends Section 24-12-101 and many other sections in the Colorado Revised Statutes.

Changes:
  1. Creates a uniform and standardized oath of office for all public officials and positions. 
  2. Requires the oath or affirmation to be in writing and signed by the person taking the oath (or affirmation). 
  3. Requires the oath or affirmation to be administered by an official authorized under CRS 24-12-103 to administer oaths (including a Notary Public). 
  4. No longer requires an officeholder to swear "by the everliving God" but clarifies it is lawful to do so if the individual chooses.
  5. Clarifies that whenever an oath or affirmation other than an oath for public office or position in accordance with CRS 24-12-101 is required, the individual taking it must take or subscribe it in the manner specified in the particular law that imposes the requirement.
Analysis:

The Colorado General Assembly summarizes the intent of House Bill 18-1138: "Now, therefore, the general assembly determines and declares that it is in the public interest to establish a single, consistent text for all oaths and affirmations of office and a consistent process for oaths or affirmations to be in writing, signed, administered, and filed; and to repeal outdated oath and affirmation provisions." Notaries are affected by this new law since they must take an oath of office and they administer oaths and affirmations as part of the notarizations they perform.

Read the bill text.

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