Bulletin: CO2020004

Dear Associates:

The following are summaries of some bills passed during the 2020 Colorado legislative session that are of interest to the title insurance industry. All bills became effective as of August 5, 2020, unless otherwise noted.

House Bill 20-1052 - Personal Information of Employees in Human Services Programs: Under current Colorado law it is unlawful to make available on the Internet certain personal information of law enforcement officials and other governmental caseworkers. This Bill revises and expands the definition of “human services worker” to which the existing protections apply. The most direct effect on the title insurance industry is that individuals meeting the criteria of a “human services worker” may request that their personal information be redacted from deeds and other recorded documents that are made available online by a County Clerk and Recorder. 

House Bill 20-1318 - Electronic Recording of Plats: This Bill allows County Clerks and Recorders to receive and preserve original plats for recording in an electronic format. The Bill also specifies the conditions for properly submitting plats to County Clerk and Recorders in both electronic and original formats. 

Senate Bill 20-096 - Remote Online Notarization: This Bill authorizes a Colorado Notary Public to perform a remote notarization using an electronic system that conforms to standards to be established by rules promulgated by the Secretary of State’s Office, including using real-time audio-video communication systems over the Internet (a/k/a “RON”). The RON portions of the Bill will become effective as of December 31, 2020, and the Secretary of State’s Office is currently working on rules to govern the process of RON in Colorado. A separate Bulletin will be distributed upon adoption of those final rules. 

This Bill also recognizes the form of Remote Ink Notarization or “RIN” conducted pursuant to the Emergency Rules adopted by the Secretary of State during the Spring of 2020 and declares that any such notarizations conducted between March 30, 2020, and December 31, 2020, are valid. However, the Bill also provides that authorization for RIN notarizations concludes as of December 31, 2020, and local offices should not conduct RIN notarizations after that date. 

If you have any questions relating to this or other bulletins, please contact a Stewart Title Guaranty Company underwriter.

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