Senate Study Bill 3009 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON SODDERS) A BILL FOR An Act providing that certain peace officers and law 1 enforcement officials are not required to use a notarial 2 stamp when administering oaths or acknowledging signatures. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5272XC (3) 86 da/sc

S.F. _____ Section 1. Section 9B.17, subsection 2, Code 2016, is 1 amended to read as follows: 2 2. a. This section does not apply to a judicial officer 3 as defined in section 602.1101 performing a notarial act in 4 accordance with state or federal authority. This section does 5 not apply to a chief officer or a chief officer’s designee 6 certifying a peace officer’s verification of a uniform citation 7 and complaint pursuant to section 805.6, subsection 3 . This 8 section does not apply to a peace officer administering an 9 oath or acknowledging a signature pursuant to section 80.9A, 10 subsection 3, or to a certified law enforcement officer 11 administering an oath or acknowledging a signature pursuant to 12 section 817.3. 13 b. A judicial officer, chief officer, or chief officer’s 14 designee , peace officer, or certified law enforcement officer 15 performing an act described in paragraph “a” is not required to 16 acquire or use an official stamp in performing these acts that 17 act . 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 BILL’S PROVISIONS. This bill provides that when 22 administering an oath or acknowledging a signature, a peace 23 officer associated with the department of public safety or a 24 law enforcement officer certified by the Iowa law enforcement 25 academy is not required to comply with requirements related to 26 the use of a notarial stamp. 27 BACKGROUND. Code chapter 9B, referred to as the “Revised 28 Uniform Law on Notarial Acts” (Code section 9B.1), is based 29 on the model Act “Uniform Law on Notarial Acts” (ULONA). A 30 notarial act may be performed by a number of persons, including 31 a notary public or other notarial officer authorized by law 32 to take an acknowledgment, administer an oath or affirmation, 33 take a verification on oath or affirmation, witness or attest 34 a signature, certify or attest a copy, or note a protest of 35 -1- LSB 5272XC (3) 86 da/sc 1/ 2

S.F. _____ a negotiable instrument (Code sections 9B.2 and 9B.10). A 1 notarial act must be evidenced by a certificate signed and 2 dated by the notarial officer (Code section 9B.15). In 3 cases involving a tangible or electronic record, an official 4 stamp must be affixed to or embossed on the certificate (Code 5 sections 9B.15 and 9B.17). 6 -2- LSB 5272XC (3) 86 da/sc 2/ 2