House
File
736
-
Introduced
HOUSE
FILE
736
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
167)
A
BILL
FOR
An
Act
providing
for
notarial
acts,
including
by
providing
1
for
the
use
of
electronic
media,
providing
penalties,
and
2
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
9B.1,
Code
2019,
is
amended
to
read
as
1
follows:
2
9B.1
Short
title.
3
This
chapter
may
be
cited
as
the
“Revised
Uniform
Law
on
4
Notarial
Acts”
Acts
(2018)”
.
5
Sec.
2.
Section
9B.2,
subsection
10,
paragraph
b,
Code
2019,
6
is
amended
to
read
as
follows:
7
b.
“Personal
Except
as
provided
in
section
9B.14A,
“personal
8
appearance”
does
not
include
appearances
which
require
video,
9
optical,
or
technology
with
similar
capabilities.
10
Sec.
3.
Section
9B.4,
Code
2019,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
3.
A
notarial
officer
may
certify
that
a
13
tangible
copy
of
an
electronic
record
is
an
accurate
copy
of
14
the
electronic
record
as
provided
in
section
9B.14A.
15
Sec.
4.
Section
9B.6,
Code
2019,
is
amended
to
read
as
16
follows:
17
9B.6
Personal
appearance
required.
18
If
a
notarial
act
relates
to
a
statement
made
in
or
a
19
signature
executed
on
a
record,
the
individual
making
the
20
statement
or
executing
the
signature
shall
appear
personally
21
before
the
notarial
officer.
This
section
is
satisfied
by
a
22
remotely
located
individual
using
communication
technology
to
23
appear
before
a
notary
public
as
provided
in
section
9B.14A.
24
Sec.
5.
NEW
SECTION
.
9B.14A
Notarial
act
performed
for
25
remotely
located
individual.
26
1.
As
used
in
this
section
unless
the
context
otherwise
27
requires:
28
a.
“Communication
technology”
means
an
electronic
device
or
29
process
that
does
all
of
the
following:
30
(1)
Allows
a
notary
public
and
a
remotely
located
individual
31
to
communicate
with
each
other
simultaneously
by
sight
and
32
sound.
33
(2)
When
necessary
and
consistent
with
other
applicable
34
law,
facilitates
communication
with
a
remotely
located
35
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individual
who
has
a
vision,
hearing,
or
speech
impairment.
1
b.
“Foreign
state”
means
a
jurisdiction
other
than
the
2
United
States,
a
state,
or
a
federally
recognized
Indian
tribe.
3
c.
“Identity
proofing”
means
a
process
or
service
by
which
4
a
third
person
provides
a
notary
public
with
a
means
to
verify
5
the
identity
of
a
remotely
located
individual
by
a
review
of
6
personal
information
from
public
or
private
data
sources.
7
d.
“Outside
the
United
States”
means
a
location
outside
8
the
geographic
boundaries
of
the
United
States,
Puerto
Rico,
9
the
United
States
Virgin
Islands,
and
any
territory,
insular
10
possession,
or
other
location
subject
to
the
jurisdiction
of
11
the
United
States.
12
e.
“Remotely
located
individual”
or
“individual”
means
an
13
individual
who
is
not
in
the
physical
presence
of
the
notary
14
public
who
performs
a
notarial
act
under
subsection
3.
15
2.
A
remotely
located
individual
may
comply
with
section
16
9B.6
by
using
communication
technology
to
appear
before
a
17
notary
public.
18
3.
A
notary
public
located
in
this
state
may
perform
a
19
notarial
act
using
communication
technology
for
a
remotely
20
located
individual
if
all
of
the
following
applies:
21
a.
The
notary
public
has
any
of
the
following:
22
(1)
Personal
knowledge
under
section
9B.7,
subsection
1,
of
23
the
identity
of
the
individual.
24
(2)
Satisfactory
evidence
of
the
identity
of
the
remotely
25
located
individual
by
oath
or
affirmation
from
a
credible
26
witness
appearing
before
the
notary
public
under
section
9B.7,
27
subsection
2,
or
this
section.
28
(3)
Obtained
satisfactory
evidence
of
the
identity
of
the
29
remotely
located
individual
by
using
at
least
two
different
30
types
of
identity
proofing.
31
b.
The
notary
public
is
able
reasonably
to
confirm
that
a
32
record
before
the
notary
public
is
the
same
record
in
which
the
33
remotely
located
individual
made
a
statement
or
on
which
the
34
individual
executed
a
signature.
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c.
The
notary
public,
or
a
person
acting
on
behalf
of
1
the
notary
public,
creates
an
audio-visual
recording
of
the
2
performance
of
the
notarial
act.
3
d.
For
a
remotely
located
individual
located
outside
the
4
United
States,
all
of
the
following
applies:
5
(1)
The
record
complies
with
any
of
the
following:
6
(a)
Is
to
be
filed
with
or
relates
to
a
matter
before
a
7
public
official
or
court,
governmental
entity,
or
other
entity
8
subject
to
the
jurisdiction
of
the
United
States.
9
(b)
Involves
property
located
in
the
territorial
10
jurisdiction
of
the
United
States
or
involves
a
transaction
11
substantially
connected
with
the
United
States.
12
(2)
The
act
of
making
the
statement
or
signing
the
record
13
is
not
prohibited
by
the
foreign
state
in
which
the
remotely
14
located
individual
is
located.
15
4.
If
a
notarial
act
is
performed
under
this
section,
the
16
certificate
of
notarial
act
required
by
section
9B.15
and
the
17
short-form
certificate
provided
in
section
9B.16
must
indicate
18
that
the
notarial
act
was
performed
using
communication
19
technology.
20
5.
A
short-form
certificate
provided
in
section
9B.16
for
a
21
notarial
act
subject
to
this
section
is
sufficient
if
any
of
22
the
following
applies:
23
a.
It
complies
with
rules
adopted
under
subsection
8,
24
paragraph
“a”
.
25
b.
It
is
in
the
form
provided
in
section
9B.16
and
contains
26
a
statement
substantially
as
follows:
“This
notarial
act
27
involved
the
use
of
communication
technology”.
28
6.
A
notary
public,
a
guardian,
conservator,
or
agent
of
29
a
notary
public,
or
a
personal
representative
of
a
deceased
30
notary
public
shall
retain
the
audio-visual
recording
created
31
under
subsection
3,
paragraph
“c”
,
or
cause
the
recording
32
to
be
retained
by
a
repository
designated
by
or
on
behalf
33
of
the
person
required
to
retain
the
recording.
Unless
a
34
different
period
is
required
by
rule
adopted
under
subsection
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8,
paragraph
“d”
,
the
recording
must
be
retained
for
a
period
of
1
at
least
ten
years
after
the
recording
is
made.
2
7.
Before
a
notary
public
performs
the
notary
public’s
3
initial
notarial
act
under
this
section,
the
notary
public
4
must
notify
the
secretary
of
state
that
the
notary
public
will
5
be
performing
notarial
acts
with
respect
to
remotely
located
6
individuals
and
identify
the
technologies
the
notary
public
7
intends
to
use.
If
the
secretary
of
state
has
established
8
standards
under
subsection
8
and
section
9B.27
for
approval
9
of
communication
technology
or
identity
proofing,
the
10
communication
technology
and
identity
proofing
must
conform
to
11
the
standards.
12
8.
In
addition
to
adopting
rules
under
section
9B.27,
the
13
secretary
of
state
may
adopt
rules
under
this
section
regarding
14
performance
of
a
notarial
act.
The
rules
may
do
all
of
the
15
following:
16
a.
Prescribe
the
means
and
process,
including
training
17
requirements,
of
performing
a
notarial
act
involving
a
remotely
18
located
individual
using
communication
technology.
19
b.
Establish
standards
for
communication
technology
and
20
identity
proofing.
21
c.
Establish
requirements
or
procedures
to
approve
providers
22
of
communication
technology
and
the
process
of
identity
23
proofing.
24
d.
Establish
standards
for
data
security
and
a
period
25
for
the
retention
of
an
audio-visual
recording
created
under
26
subsection
3,
paragraph
“c”
.
27
9.
Before
adopting,
amending,
or
repealing
a
rule
governing
28
performance
of
a
notarial
act
with
respect
to
a
remotely
29
located
individual,
the
secretary
of
state
must
consider
all
30
of
the
following:
31
a.
The
most
recent
standards
regarding
the
performance
of
32
a
notarial
act
with
respect
to
a
remotely
located
individual
33
promulgated
by
national
standard-setting
organizations
and
the
34
recommendations
of
the
national
association
of
secretaries
of
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state.
1
b.
Standards,
practices,
and
customs
of
other
jurisdictions
2
that
have
laws
substantially
similar
to
this
section.
3
c.
The
views
of
governmental
officials
and
entities
and
4
other
interested
persons.
5
10.
By
allowing
its
communication
technology
or
identity
6
proofing
to
facilitate
a
notarial
act
for
a
remotely
located
7
individual
or
by
providing
storage
of
the
audio-visual
8
recording
created
under
subsection
3,
paragraph
“c”
,
the
9
provider
of
the
communication
technology,
identity
proofing,
10
or
storage
appoints
the
secretary
of
state
as
the
provider’s
11
agent
for
service
of
process
in
any
civil
action
in
this
state
12
related
to
the
notarial
act.
13
11.
The
commission
of
a
notary
public
performing
a
notarial
14
act
under
this
section
is
conditional
upon
the
notary
public
15
complying
with
the
requirements
in
section
9B.21.
16
12.
A
document
purporting
to
convey
or
encumber
real
17
property
that
has
been
recorded
by
the
county
recorder
for
the
18
jurisdiction
in
which
the
real
property
is
located,
although
19
the
document
may
not
have
been
certified
according
to
this
20
section,
shall
give
the
same
notice
to
third
persons
and
be
21
effective
from
the
time
of
recording
as
if
the
document
had
22
been
certified
according
to
this
section.
23
13.
In
any
cause
of
action
brought
under
this
section,
venue
24
shall
lie
in
the
county
where
the
notary
public
is
performing
25
the
notarial
act.
26
14.
In
any
cause
of
action
brought
under
this
section,
Iowa
27
law
shall
be
the
choice
of
law.
Any
condition,
stipulation,
or
28
provision
in
a
document
requiring
the
application
of
the
law
of
29
another
state
in
lieu
of
this
state
is
void.
30
Sec.
6.
NEW
SECTION
.
9B.14B
Use
of
information.
31
1.
As
used
in
this
section,
unless
the
context
otherwise
32
requires:
33
a.
(1)
“Personally
identifiable
information”
means
34
information
about
or
pertaining
to
an
individual
in
a
record
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which
identifies
the
individual,
and
includes
information
that
1
can
be
used
to
distinguish
or
trace
an
individual’s
identity,
2
either
alone
or
when
combined
with
other
information.
3
(2)
“Personally
identifiable
information”
includes
but
is
4
not
limited
to
a
person’s
photograph,
social
security
number,
5
driver’s
license
number,
name,
address,
and
telephone
number.
6
b.
“Remote
facilitator”
means
a
person
who
participates
in
7
performing
a
notarial
act
under
section
9B.14A,
by
doing
any
8
of
the
following:
9
(1)
Providing
communication
technology
used
by
a
public
10
notary
or
remotely
located
individual.
11
(2)
Creating,
transmitting,
or
retaining
audio-visual
12
recordings
on
behalf
of
a
notary
public.
13
2.
A
notary
public
or
a
remote
facilitator
shall
not
sell,
14
offer
for
sale,
use,
or
transfer
to
another
person
personally
15
identifiable
information
collected
in
the
course
of
performing
16
a
notarial
act
for
any
purpose
other
than
as
follows:
17
a.
As
required
to
perform
the
notarial
act.
18
b.
As
necessary
to
effect,
administer,
enforce,
service,
or
19
process
the
transaction
for
which
the
personally
identifiable
20
information
was
provided.
21
3.
Subsection
2
does
not
apply
to
the
transfer
of
personally
22
identifiable
information
to
another
person
in
any
of
the
23
following
circumstances:
24
a.
Upon
written
consent
of
the
person
for
the
use
or
release
25
of
that
person’s
personally
identifiable
information.
26
b.
In
response
to
a
court
order,
subpoena,
or
other
legal
27
process
compelling
disclosure.
28
c.
As
part
of
a
change
in
the
form
of
a
business
entity’s
29
organization
or
a
change
in
the
control
of
a
business
30
entity,
including
as
a
result
of
an
acquisition,
merger,
or
31
consolidation.
However,
any
reorganized
or
successor
business
32
entity
shall
comply
with
the
same
requirements
as
provided
in
33
subsection
2.
34
4.
A
person
who
violates
this
section
is
guilty
of
a
simple
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misdemeanor.
1
Sec.
7.
Section
9B.20,
Code
2019,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
3.
A
county
recorder
may
accept
for
4
recording
a
tangible
copy
of
an
electronic
record
containing
5
a
notarial
certificate
as
satisfying
any
requirement
that
a
6
record
accepted
for
recording
be
an
original,
if
the
notarial
7
officer
executing
the
notarial
certificate
certifies
that
the
8
tangible
copy
is
an
accurate
copy
of
the
electronic
record.
9
Sec.
8.
Section
9B.21,
Code
2019,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
3A.
The
commission
of
a
notary
public,
12
who
performs
a
notarial
act
using
communication
technology
13
for
a
remotely
located
individual
under
section
9B.14A,
is
14
conditional
upon
the
notary
public
executing
an
agreement
with
15
such
individual
that
at
least
stipulates
any
claim
or
cause
of
16
action
arising
out
of
the
notarial
act
must
be
brought
by
the
17
individual
in
a
district
court
in
this
state
as
provided
in
18
section
9B.14A
rather
than
a
state
court
in
another
state.
19
Sec.
9.
EFFECTIVE
DATE.
This
Act
takes
effect
July
1,
2020.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
GENERAL.
This
bill
amends
Code
chapter
9B,
the
“Revised
24
Uniform
Law
on
Notarial
Acts”
(RULONA),
enacted
by
the
25
general
assembly
in
2012
(2012
Acts,
chapter
1050),
which
is
26
based
on
a
uniform
Act
proposed
by
the
national
conference
27
of
commissioners
on
uniform
state
laws
(commissioners)
in
28
2010.
The
Code
chapter
governs
a
notary
public
(an
individual
29
commissioned
to
perform
a
notarial
act
by
the
secretary
of
30
state)
or
other
notarial
officer
(a
statutory
authorized
31
individual
such
as
a
judge)
who
performs
a
specific
official
32
act
such
as
attesting
to
some
fact
which
often
involves
an
33
individual’s
statement
or
signing
of
a
record
presented
by
an
34
individual
(Code
section
9B.2).
Such
an
individual
must
appear
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personally
before
the
notarial
officer
(Code
section
9B.6).
1
A
notarial
act
must
be
evidence
by
some
form
of
certificate
2
executed
contemporaneously
with
the
performance
of
the
notarial
3
act
(Code
sections
9B.15
and
9B.16).
The
record
may
either
be
4
tangible
or
electronic.
A
notary
public
who
elects
to
perform
5
a
notarial
act
involving
an
electronic
record
must
notify
the
6
secretary
of
state
regarding
the
tamper-proof
technology
that
7
the
notary
public
will
use
(Code
section
9B.20).
8
UNIFORM
PROVISIONS.
The
bill
includes
amendments
proposed
9
to
the
uniform
Act
by
the
commissioners
in
2018
and
referred
10
to
as
“RULONA
(2018)”,
by
allowing
a
notary
public
to
perform
11
a
notarial
act
remotely
by
utilizing
audio-visual
technology.
12
Under
the
bill,
an
individual
may
personally
appear
before
13
a
notary
public
by
means
of
communication
technology.
14
Communication
technology
is
a
process
that
allows
a
notary
15
public
and
a
remotely
located
individual
(individual)
to
16
communicate
with
each
other
simultaneously.
The
notary
public
17
must
have
some
reliable
evidence
of
the
true
identity
of
the
18
individual
and
confirm
that
the
record
before
the
notary
public
19
is
the
same
record
of
the
individual’s
statement
or
the
same
20
document
that
is
being
signed.
The
certificate
must
indicate
21
that
the
remote
notarial
act
is
performed
in
accordance
with
22
the
provisions
of
the
new
Code
section.
The
bill
also
requires
23
that
an
audio-visual
recording
of
the
performance
be
created
24
and
stored
for
at
least
10
years.
The
secretary
of
state
is
25
authorized
to
adopt
rules
required
to
administer
the
new
Code
26
section.
The
bill
amends
Code
section
9B.20,
by
providing
that
27
a
county
recorder
may
accept
a
tangible
copy
of
an
electronic
28
record,
if
a
notarial
officer
certifies
that
the
copy
is
29
accurate.
30
NONUNIFORM
PROVISIONS
——
NOTICE
TO
CREDITORS.
The
bill
31
provides
that
a
document
purporting
to
convey
or
encumber
32
real
property
that
has
been
recorded
provides
notice
to
third
33
persons
regardless
of
whether
it
has
been
properly
certified.
34
The
bill
also
provides
that
a
county
recorder
may
accept
a
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tangible
copy
of
the
electronic
record,
if
a
notarial
officer
1
certifies
that
the
copy
is
accurate.
In
a
cause
of
action
2
brought
under
the
new
Code
section,
venue
lies
in
the
county
3
where
the
notary
public
is
performing
the
notarial
act,
and
4
Iowa
law
is
the
choice
of
law.
5
NONUNIFORM
PROVISIONS
——
RESTRICTION
ON
USE
OF
PERSONALLY
6
IDENTIFIABLE
INFORMATION.
The
bill
creates
nonuniform
Code
7
section
9B.14B
that
restricts
a
public
notary
or
person
8
involved
in
performing
a
notarial
act
electronically
from
9
using
personally
identifiable
information
that
is
contained
10
in
a
created
record,
subject
to
specified
exceptions
(e.g.,
11
consent
of
a
party).
A
person
who
violates
this
provision
of
12
the
bill
commits
a
simple
misdemeanor.
A
simple
misdemeanor
is
13
punishable
by
confinement
for
no
more
than
30
days
or
a
fine
of
14
at
least
$65
but
not
more
than
$625
or
by
both.
15
EFFECTIVE
DATE.
The
bill
takes
effect
July
1,
2020.
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