Section 24-21-527 - Rules - definitions(1) The secretary of state may adopt rules to implement this part 5 in accordance with article 4 of this title 24. Rules adopted regarding the performance of notarial acts with respect to electronic records may not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification. The rules may:(a) Prescribe the manner of performing notarial acts regarding tangible and electronic records;(b) Include provisions to ensure that any change to or tampering with a record bearing a certificate of a notarial act is self-evident;(c) Include provisions to ensure integrity in the creation, transmittal, storage, or authentication of electronic records or signatures;(d) Prescribe the process of granting, renewing, conditioning, denying, suspending, or revoking a notary public commission and assuring the trustworthiness of an individual holding a commission as notary public, including rules for use of the electronic filing system;(e) Include provisions to prevent fraud or mistake in the performance of notarial acts;(f) Provide for the administration of the examination under section 24-21-522 (1) and the course of study under section 24-21-522 (2);(g) Prescribe the manner of performing notarial acts using audio-video communication technology, including provisions to ensure the security, integrity, and accessibility of records relating to those acts; and(h) Prescribe requirements for the approval and use of remote notarization systems and storage systems.(2) In adopting, amending, or repealing rules about notarial acts with respect to electronic records, the secretary of state shall consider, so far as is consistent with this part 5:(a) The most recent standards regarding electronic records promulgated by national bodies, such as the National Association of Secretaries of State;(b) Standards, practices, and customs of other jurisdictions that substantially enact this part 5; and(c) The views of governmental officials and entities and other interested persons.(3)(a) As used in this subsection (3):(I) "Interim period" means the period beginning on March 30, 2020, and ending on December 31, 2020.(II) "Temporary rule" means rule 5 of the notary program rules as adopted by the secretary of state effective March 30, 2020, and published at 8 CCR 1505-11, and any analogous successor emergency rule of the notary program that authorizes remote notarizations.(d) A notarial act performed during the interim period with respect to a remotely located individual that complied with the temporary rule is not invalid due to the lack of express statutory authority for the notarial act.Amended by 2020 Ch. 130, § 7, eff. 6/26/2020 and applicable to conduct occurring on or after 3/30/2020.Amended by 2017 Ch. 264, § 121, eff. 5/25/2017 (deleted operative date added by 2017 Ch. 207 and changed effective date to 7/1/2018).Added by 2017 Ch. 207, § 2, eff. 8/9/2017, op. 7/1/2018.L. 2017: Entire part added, (SB 17-132), ch. 207, p. 805, § 2, effective 7/1/2018.Subsection (3)(f) provided for the repeal of subsections (3)(b), (3)(c), (3)(e), and (3)(f), effective December 31, 2020. (See L. 2020, p. 565.)
For the legislative declaration in SB 20-096, see section 1 of chapter 130, Session Laws of Colorado 2020.