Senate File 475 S-3082 Amend Senate File 475 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 9B.1, Code 2019, is amended to read as 4 follows: 5 9B.1 Short title. 6 This chapter may be cited as the “Revised Uniform Law on 7 Notarial Acts” Acts (2018)” . 8 Sec. 2. Section 9B.2, subsection 10, paragraph b, Code 2019, 9 is amended to read as follows: 10 b. “Personal Except as provided in section 9B.14A, “personal 11 appearance” does not include appearances which require video, 12 optical, or technology with similar capabilities. 13 Sec. 3. Section 9B.2, Code 2019, is amended by adding the 14 following new subsections: 15 NEW SUBSECTION . 4A. “Instrument affecting real property” 16 means a written instrument conveying or encumbering real 17 property including an instrument affecting real estate as 18 defined in section 558.1 or any similar instrument provided in 19 chapter 558. 20 NEW SUBSECTION . 11A. “Remote facilitator” means a person 21 who participates in performing a notarial act under section 22 9B.14A, by doing any of the following: 23 a. Providing communication technology used by a public 24 notary or remotely located individual. 25 b. Creating, transmitting, or retaining audio-visual 26 recordings on behalf of a notary public. 27 Sec. 4. Section 9B.4, Code 2019, is amended by adding the 28 following new subsection: 29 NEW SUBSECTION . 2A. A notarial officer may certify that a 30 tangible copy of an electronic record is an accurate copy of 31 the electronic record as provided in section 9B.14A. 32 Sec. 5. Section 9B.6, Code 2019, is amended to read as 33 follows: 34 9B.6 Personal appearance required. 35 -1- SF475.1258 (2) 88 da/jh 1/ 7 #1.
1. If a notarial act relates to a statement made in or 1 a signature executed on a record, the individual making the 2 statement or executing the signature shall appear personally 3 before the notarial officer. 4 2. This section is satisfied by a remotely located 5 individual using communication technology to appear before a 6 notary public as provided in section 9B.14A. 7 Sec. 6. NEW SECTION . 9B.14A Notarial act performed for 8 remotely located individual. 9 1. As used in this section unless the context otherwise 10 requires: 11 a. “Communication technology” means an electronic device or 12 process that does all of the following: 13 (1) Allows a notary public and a remotely located individual 14 to communicate with each other simultaneously by sight and 15 sound. 16 (2) When necessary and consistent with other applicable 17 law, facilitates communication with a remotely located 18 individual who has a vision, hearing, or speech impairment. 19 b. “Foreign state” means a jurisdiction other than the 20 United States, a state, or a federally recognized Indian tribe. 21 c. “Identity proofing” means a process or service by which 22 a third person provides a notary public with a means to verify 23 the identity of a remotely located individual by a review of 24 personal information from public or private data sources. 25 d. “Outside the United States” means a location outside 26 the geographic boundaries of the United States, Puerto Rico, 27 the United States Virgin Islands, and any territory, insular 28 possession, or other location subject to the jurisdiction of 29 the United States. 30 e. “Remotely located individual” means an individual who is 31 not in the physical presence of the notary public who performs 32 a notarial act under subsection 3. 33 2. A remotely located individual may comply with section 34 9B.6 by using communication technology to appear before a 35 -2- SF475.1258 (2) 88 da/jh 2/ 7
notary public. 1 3. A notary public located in this state may perform a 2 notarial act using communication technology for a remotely 3 located individual if all of the following applies: 4 a. The notary public has any of the following: 5 (1) Personal knowledge under section 9B.7, subsection 1, of 6 the identity of the individual. 7 (2) Satisfactory evidence of the identity of the remotely 8 located individual by oath or affirmation from a credible 9 witness appearing before the notary public under section 9B.7, 10 subsection 2, or this section. 11 (3) Obtained satisfactory evidence of the identity of the 12 remotely located individual by using at least two different 13 types of identity proofing. 14 b. The notary public is able reasonably to confirm that a 15 record before the notary public is the same record in which the 16 remotely located individual made a statement or on which the 17 individual executed a signature. 18 c. The notary public, or a person acting on behalf of 19 the notary public, creates an audio-visual recording of the 20 performance of the notarial act. 21 d. For a remotely located individual located outside the 22 United States, all of the following applies: 23 (1) The record complies with any of the following: 24 (a) Is to be filed with or relates to a matter before a 25 public official or court, governmental entity, or other entity 26 subject to the jurisdiction of the United States. 27 (b) Involves property located in the territorial 28 jurisdiction of the United States or involves a transaction 29 substantially connected with the United States. 30 (2) The act of making the statement or signing the record 31 is not prohibited by the foreign state in which the remotely 32 located individual is located. 33 4. If a notarial act is performed under this section, the 34 certificate of notarial act required by section 9B.15 and the 35 -3- SF475.1258 (2) 88 da/jh 3/ 7
short-form certificate provided in section 9B.16 must indicate 1 that the notarial act was performed using communication 2 technology. 3 5. A short-form certificate provided in section 9B.16 for a 4 notarial act subject to this section is sufficient if any of 5 the following applies: 6 a. It complies with rules adopted under subsection 8, 7 paragraph “a” . 8 b. It is in the form provided in section 9B.16 and contains 9 a statement substantially as follows: “This notarial act 10 involved the use of communication technology”. 11 6. A notary public, a guardian, conservator, or agent of 12 a notary public, or a personal representative of a deceased 13 notary public shall retain the audio-visual recording created 14 under subsection 3, paragraph “c” , or cause the recording 15 to be retained by a repository designated by or on behalf 16 of the person required to retain the recording. Unless a 17 different period is required by rule adopted under subsection 18 8, paragraph “d” , the recording must be retained for a period of 19 at least ten years after the recording is made. 20 7. Before a notary public performs the notary public’s 21 initial notarial act under this section, the notary public 22 must notify the secretary of state that the notary public will 23 be performing notarial acts with respect to remotely located 24 individuals and identify the technologies the notary public 25 intends to use. If the secretary of state has established 26 standards under subsection 8 and section 9B.27 for approval 27 of communication technology or identity proofing, the 28 communication technology and identity proofing must conform to 29 the standards. 30 8. In addition to adopting rules under section 9B.27, the 31 secretary of state may adopt rules under this section regarding 32 performance of a notarial act. The rules may do all of the 33 following: 34 a. Prescribe the means and process, including training 35 -4- SF475.1258 (2) 88 da/jh 4/ 7
requirements, of performing a notarial act involving a remotely 1 located individual using communication technology. 2 b. Establish standards for communication technology and 3 identity proofing. 4 c. Establish requirements or procedures to approve providers 5 of communication technology and the process of identity 6 proofing. 7 d. Establish standards and a period for the retention of an 8 audio-visual recording created under subsection 3, paragraph 9 “c” . 10 9. Before adopting, amending, or repealing a rule governing 11 performance of a notarial act with respect to a remotely 12 located individual, the secretary of state must consider all 13 of the following: 14 a. The most recent standards regarding the performance of 15 a notarial act with respect to a remotely located individual 16 promulgated by national standard-setting organizations and the 17 recommendations of the national association of secretaries of 18 state. 19 b. Standards, practices, and customs of other jurisdictions 20 that have laws substantially similar to this section. 21 c. The views of governmental officials and entities and 22 other interested persons. 23 10. By allowing its communication technology or identity 24 proofing to facilitate a notarial act for a remotely located 25 individual or by providing storage of the audio-visual 26 recording created under subsection 3, paragraph “c” , the 27 provider of the communication technology, identity proofing, 28 or storage appoints the secretary of state as the provider’s 29 agent for service of process in any civil action in this state 30 related to the notarial act. 31 10A. A document purporting to convey or encumber real 32 property that has been recorded by the county recorder for the 33 jurisdiction in which the real property is located, although 34 the document may not have been certified according to this 35 -5- SF475.1258 (2) 88 da/jh 5/ 7
section, shall give the same notice to third persons and be 1 effective from the time of recording as if the document had 2 been certified according to this section. 3 10B. A notary public who performs a notarial act under this 4 section must be duly commissioned under and remain subject to 5 the requirements of section 9B.21 and all other applicable 6 requirements of this chapter. 7 Sec. 7. NEW SECTION . 9B.14B Remote facilitator. 8 To be eligible to directly facilitate a notarial act using 9 communication technology for a remotely located individual as 10 provided in section 9B.14A, a remote facilitator must designate 11 and continuously maintain in this state one of the following: 12 1. Its usual place of business in this state. 13 2. A registered office, which need not be a place of its 14 activity in this state, or a registered agent for service of 15 process, as required by the secretary of state. In addition, 16 the remote facilitator shall file a foreign entity authority 17 statement with the secretary of state. The statement shall 18 describe the current street and mailing address of the 19 registered office or the name and current street and mailing 20 address of the remote facilitator’s registered agent. 21 Sec. 8. NEW SECTION . 9B.14C Use of information. 22 1. a. As used in this section, unless the context 23 otherwise requires, “personally identifiable information” means 24 information about or pertaining to an individual in a record 25 which identifies the individual, and includes information that 26 can be used to distinguish or trace an individual’s identity, 27 either alone or when combined with other information. 28 b. “Personally identifiable information” includes but is 29 not limited to a person’s photograph, social security number, 30 driver’s license number, name, address, and telephone number. 31 2. A notary public or a remote facilitator shall not sell, 32 offer for sale, use, or transfer to another person personally 33 identifiable information collected in the course of performing 34 a notarial act for any purpose other than as follows: 35 -6- SF475.1258 (2) 88 da/jh 6/ 7
a. As required to perform the notarial act. 1 b. As necessary to effect, administer, enforce, service, or 2 process the transaction for which the personally identifiable 3 information was provided. 4 3. Subsection 2 does not apply to the transfer of personally 5 identifiable information to another person in any of the 6 following circumstances: 7 a. Upon written consent of the person for the use or release 8 of that person’s personally identifiable information. 9 b. In response to a court order, subpoena, or other legal 10 process compelling disclosure. 11 c. As part of a change in the form of a business entity’s 12 organization or a change in the control of a business 13 entity, including as a result of an acquisition, merger, or 14 consolidation. However, any reorganized or successor business 15 entity shall comply with the same requirements as provided in 16 subsection 2. 17 4. A person who violates this section is guilty of a simple 18 misdemeanor. 19 Sec. 9. Section 9B.20, Code 2019, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 2A. The office of the recorder of a county 22 in which real estate is located may accept for recording 23 a tangible copy of an electronic record of an instrument 24 affecting real property, if the electronic record is evidenced 25 by a certificate of a notarial act pursuant to section 9B.15. 26 Sec. 10. EFFECTIVE DATE. This Act takes effect July 1, 27 2020. > 28 2. Title page, by striking lines 1 and 2 and inserting < An 29 Act providing for notarial acts, including by providing for the 30 use of electronic media, > 31 ______________________________ CHRIS COURNOYER -7- SF475.1258 (2) 88 da/jh 7/ 7 #2.