House
Study
Bill
528
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
BALTIMORE)
A
BILL
FOR
An
Act
relating
to
methods
of
notice
and
document
delivery
1
under
the
Iowa
trust
code,
and
including
applicability
2
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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H.F.
_____
Section
1.
NEW
SECTION
.
633A.1109
Methods
of
notice
and
1
document
delivery
——
waiver.
2
Except
as
otherwise
provided
by
this
chapter:
3
1.
Giving
notice
to
a
person,
including
notice
of
a
judicial
4
proceeding,
or
the
sending
of
a
document
to
a
person
under
this
5
chapter
shall
be
accomplished
in
a
manner
reasonably
suitable
6
under
the
circumstances
and
likely
to
result
in
receipt
of
the
7
notice
or
document.
Permissible
methods
of
giving
notice
or
8
sending
a
document
include
first-class
mail,
personal
delivery
9
to
a
person’s
last
known
place
of
residence
or
place
of
10
business,
or
by
properly
directed
electronic
mail.
When
notice
11
in
a
trust
proceeding
is
served
on
an
interested
party
via
the
12
United
States
postal
service,
the
service
is
made
and
completed
13
when
the
notice
being
served
is
enclosed
in
a
sealed
envelope
14
with
proper
postage
paid,
is
addressed
to
the
interested
party
15
at
the
party’s
last
known
post
office
address,
and
is
deposited
16
in
a
mail
receptacle
provided
by
the
United
States
postal
17
service.
18
2.
In
the
case
of
a
proceeding
against
an
unknown
person
19
whose
address
or
whereabouts
are
unknown,
the
court
shall
20
prescribe
that
notice
may
be
served
by
publication
within
21
the
time
and
in
the
manner
provided
by
the
rules
of
civil
22
procedure.
23
3.
Notice
under
this
chapter
or
the
right
to
receive
a
24
document
under
this
chapter
may
be
waived
by
the
person
to
be
25
notified
or
entitled
to
receive
the
document.
26
4.
For
purposes
of
this
section,
“properly
directed”
27
means
directed
to
an
electronic
mail
address
that
the
sender
28
reasonably
believes
is
a
current
electronic
mail
address
of
the
29
recipient.
30
Sec.
2.
APPLICABILITY.
This
Act
applies
to
notices
and
31
documents
sent
on
or
after
July
1,
2016,
regarding
trusts
in
32
existence
on
or
created
after
July
l,
2016.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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_____
the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
methods
of
notice
and
document
delivery
2
under
the
Iowa
trust
code.
3
The
bill
provides
that
notice
and
the
sending
of
a
document
4
related
to
proceedings
under
the
Iowa
trust
code
(Code
chapter
5
633A)
shall
be
accomplished
in
a
manner
reasonably
suitable
6
under
the
circumstances
and
likely
to
result
in
receipt
of
7
the
notice
or
document.
Permissible
methods
of
notice
and
8
document
delivery
include
first-class
mail,
personal
delivery,
9
and
properly
directed
electronic
mail.
If
notice
is
served
10
via
United
States
mail,
service
is
made
and
completed
when
the
11
notice
is
enclosed
in
a
sealed
envelope
with
proper
postage
12
paid,
addressed
to
the
interested
party
at
the
last
known
13
address,
and
deposited
in
a
mail
receptacle
provided
by
the
14
United
States
postal
service.
15
The
bill
provides
that
in
the
case
of
a
proceeding
against
an
16
unknown
person
whose
address
or
whereabouts
are
unknown,
the
17
court
shall
prescribe
that
notice
may
be
served
by
publication
18
within
the
time
and
in
the
manner
provided
by
the
rules
of
19
civil
procedure.
20
The
bill
provides
that
a
person
entitled
to
notice
or
the
21
receipt
of
documents
under
Code
chapter
633A
may
waive
such
22
rights.
23
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