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 TLSB 5332YC (2) 86 jh/nh
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 -1- LSB 5332YC (2) 86 jh/nh 1/ 2
H.F. _____ 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 -2- LSB 5332YC (2) 86 jh/nh 2/ 2