The Colorado Secretary of State (SOS) has released Version 20 of its PowerPoint presentation of Colorado Notary Training slides.
Several slides have been changed and a new slide has been added.
Signer’s ID Number
Colorado Notary Training slide 43 is revised to remove the recommendation to record a signer’s full ID number in the notary journal. Colorado notary law does require a notary to verify identification but does not require the notary to record the full ID number in the notary journal.
Recording a full ID number increases the risk of identity theft if a criminal steals a notary journal, which may contain hundreds of ID numbers. Under the Colorado data breach notice law, the notary would have to notify each signer in the notary journal that his/her ID number was compromised if a notary journal is lost or stolen.
We have always taught our notary students to not record a full ID number because of the security risk. Recording the last 4 digits only is sufficient evidence that the ID was inspected, without the security risk of losing a full ID number.
Colorado Notary Training slide 58 regarding ethical responsibility has been revised to indicate that the notary should serve all of the public when a reasonable and lawful request for notary services is made. The Colorado Notaries Public Act does not prohibit a notary from refusing to notarize.
Notaries who serve the public may be subject to other laws prohibiting discrimination. Notaries should check with their employer or legal counsel with any questions about serving the public. Complaints alleging illegal discrimination by notaries are referred to the Colorado Civil Rights Commission.
We recommend that notaries read and display a poster listing protected civil rights, available from the Colorado Civil Rights Division, which states:
“We do not discriminate based on: race, color, religion, creed, national origin, ancestry, sex, age, physical or mental disability, sexual orientation (including transgender status), marital status, and retaliation for engaging in protected activity (opposing a discriminatory practice or participating in a public accommodations discrimination proceeding).”
As a best practice, if a notary declines or refuses a request to notarize, the notary should record the event in the notary journal, including the reason for refusing service.
Copies of Notary Journal Records
Colorado Notary Training slide 44 has been added, regarding requests for copies of notary journal entries. Notaries are authorized by CRS 12-55-110(1)(c) to provide certified copies of a journal entry or a certificate as to a notarial act. A notary may charge a regular notarial fee as authorized by law.
Notaries may also be required to provide copies of a journal entry in response to a complaint or inquiry from the SOS office under CRS 12-55-111(1).
The Model Notary Act states that a requesting party should identify the specific transaction needed, blanket requests to view or copy a journal are not allowed. The notary should confirm the identity of the requester and record the transaction in the notary journal. Cover up other entries on the same page to maintain privacy. Redact any personally identifying information not required by statute, such as ID numbers, thumbprints, etc.
Version 20 of the Colorado Notary Training PowerPoint slides is available on the SOS website.
There were no changes in the Colorado law, only changes in the slide presentation.
[Last-Modified Date 2017-04-23] new image