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
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#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
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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
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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
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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
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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:
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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
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#2.