Text: SSB03014                          Text: SSB03016
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Bills and Amendments: General Index     Bill History: General Index

Senate Study Bill 3015

Bill Text

PAG LIN
  1  1    Section 1.  Section 9E.2, Code 2001, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  1A.  "Clerk of court" means a clerk of the
  1  4 district court appointed pursuant to section 602.1215, a
  1  5 deputy clerk of the district court, the clerk of the supreme
  1  6 court appointed pursuant to section 602.4301, and a deputy
  1  7 clerk of the supreme court appointed pursuant to section
  1  8 602.4302.
  1  9    NEW SUBSECTION.  1B.  "Judicial hospitalization referee"
  1 10 means a person appointed as a judicial hospitalization referee
  1 11 pursuant to section 229.21.
  1 12    NEW SUBSECTION.  1C.  "Judicial officer" means the same as
  1 13 defined in section 602.1101.
  1 14    Sec. 2.  Section 9E.6A, Code Supplement 2001, is amended to
  1 15 read as follows:
  1 16    9E.6A  ACQUISITION AND USE OF STAMP OR SEAL.
  1 17    1.  Each person performing a notarial act pursuant to
  1 18 section 9E.10 must acquire and use a stamp or seal as provided
  1 19 in this chapter.  However, this section shall not apply to a
  1 20 any of the following:
  1 21    a.  A person performing who performs a notarial act under
  1 22 federal authority.
  1 23    b.  A person who is a judicial officer, clerk of court, or
  1 24 judicial hospitalization referee, who performs a notarial act
  1 25 in accordance with rules prescribed by the supreme court under
  1 26 chapter 602.
  1 27    2.  The A stamp or seal required to be used by a person
  1 28 performing a notarial act under this section shall contain all
  1 29 of the following:
  1 30    1. a.  For a person who is appointed as a notary public
  1 31 pursuant to section 9E.3, the stamp or seal shall contain all
  1 32 of the following:
  1 33    a. (1)  The words "Notarial Seal" and "Iowa".
  1 34    b. (2)  The person's name.
  1 35    c. (3)  The words "Commission Number" followed by a number
  2  1 assigned to the notary public by the secretary of state.
  2  2    d. (4)  The words "My Commission Expires" followed either
  2  3 by the date that the notary public's term would ordinarily
  2  4 expire as provided in section 9E.4 or a blank line.  If the
  2  5 seal or stamp contains a blank line, the person must print the
  2  6 date that the notary public's person's term as a notary public
  2  7 would ordinarily expire on the blank line imprinted on each
  2  8 document, instrument, or paper subject to a notarial act.
  2  9    2. b.  For any other a person who is not appointed as a
  2 10 notary public pursuant to section 9E.3, the stamp or seal
  2 11 shall contain all of the following:
  2 12    a. (1)  The words "Notarial Seal" and "Iowa".
  2 13    b. (2)  The person's name.
  2 14    c. (3)  The person's title under which the person may
  2 15 perform a notarial act under section 9E.10.
  2 16    Sec. 3.  Section 9E.10, subsection 1, paragraph b, Code
  2 17 2001, is amended to read as follows:
  2 18    b.  A judge judicial officer, clerk, or deputy clerk of a
  2 19 court of this state, or a judicial hospitalization referee, in
  2 20 accordance with rules prescribed by the supreme court under
  2 21 chapter 602.  
  2 22                           EXPLANATION
  2 23    In the 2001 Session, the general assembly enacted House
  2 24 File 259 (2001 Iowa Acts, ch. 38) amending Code chapter 9E
  2 25 regulating notarial officers or other officers authorized to
  2 26 perform notarial acts under statute, including notary publics,
  2 27 judges, and clerks of court.  House File 259, in part, created
  2 28 Code section 9E.6A requiring the use of stamps or seals.  The
  2 29 Code section created an exception for persons performing a
  2 30 notarial act under federal authority.  This bill creates
  2 31 another exception for a notarial act performed by a person who
  2 32 is a judicial officer, clerk of court, or judicial
  2 33 hospitalization referee, if the person performs a notarial act
  2 34 in accordance with rules prescribed by the Iowa supreme court.
  2 35 A judicial officer includes a supreme court justice, a judge
  3  1 of the court of appeals, a district judge, a district
  3  2 associate judge, an associate juvenile judge, an associate
  3  3 probate judge, or a magistrate.  A clerk of court includes a
  3  4 clerk of the district court, a deputy clerk of the district
  3  5 court, the clerk of the supreme court, and a deputy clerk of
  3  6 the supreme court.  
  3  7 LSB 5276SC 79
  3  8 da/cf/24
     

Text: SSB03014                          Text: SSB03016
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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