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Senate Study Bill 2016

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 9E.9, subsection 6, Code 1995, is
  1  2 amended to read as follows:
  1  3    6.  A notarial officer has satisfactory evidence that a
  1  4 person is the person whose true signature is on a document in
  1  5 any of the following circumstances:
  1  6    a.  The person is personally known to the notarial officer.
  1  7 The notarial officer shall consider the person to be
  1  8 personally known to the notarial officer if the notarial
  1  9 officer is familiar with the person as a result of
  1 10 interactions with the person over a period of time sufficient
  1 11 to eliminate all reasonable doubt that the person has the
  1 12 identity claimed.
  1 13    b.  The person is identified upon the oath or affirmation
  1 14 of a credible witness personally known to the notarial
  1 15 officer.
  1 16    c.  The person is identified on the basis of current
  1 17 identification documents issued by a federal or state
  1 18 government agency which contain the person's photograph and
  1 19 signature.
  1 20    Sec. 2.  NEW SECTION.  9E.9A  SIGNING FOR PERSON UNABLE TO
  1 21 SIGN.
  1 22    A notary public may sign the name of a person physically
  1 23 unable to sign or make a mark on a document presented for
  1 24 notarization if orally or otherwise directed to do so by the
  1 25 person.  Upon signing for such person, the notary public shall
  1 26 add the following statement beneath the signature:  "Signature
  1 27 affixed by notary public pursuant to section 9E.9A of the Code
  1 28 of Iowa".
  1 29    Sec. 3.  NEW SECTION.  9E.9B  JOURNAL OF NOTARIAL ACTS.
  1 30    A notary public, for each notarial act, shall record in an
  1 31 official journal the following:
  1 32    1.  The date and time of day of the notarial act.
  1 33    2.  The title or type of the document or proceeding and
  1 34 date of the document or proceeding.
  1 35    3.  The signature, printed name, and address of each person
  2  1 whose signature is notarized and of each witness.
  2  2    4.  The manner of identification of each signer.  
  2  3                           EXPLANATION
  2  4    This bill relates to notaries public and notarial acts.
  2  5 Section 9E.9, subsection 6, is amended to provide that a
  2  6 notarial officer shall consider a person to be personally
  2  7 known to the notarial officer if the notarial officer is
  2  8 familiar with the person through interactions with the person
  2  9 over a period of time.
  2 10    New section 9E.9A authorizes a notary public to sign for a
  2 11 person physically unable to sign if directed to do so by the
  2 12 person.  Upon signing for the person, the notary public is to
  2 13 add a statement beneath the signature that the signature was
  2 14 affixed by the notary public pursuant to section 9E.9A.
  2 15    New section 9E.9B directs a notary public to maintain an
  2 16 official journal including for each notarial act the date and
  2 17 time of day of the notarial act; the title or type of the
  2 18 document or proceeding and date of the document or proceeding;
  2 19 the signature, printed name, and address of each person whose
  2 20 signature is notarized and of each witness; and the manner of
  2 21 identification of each signer.  
  2 22 LSB 3358DP 76
  2 23 mj/cf/24
     

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