House
Study
Bill
167
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
A
BILL
FOR
An
Act
providing
for
notarial
acts,
including
by
providing
for
1
the
use
of
electronic
media.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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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,
Code
2019,
is
amended
6
by
striking
the
subsection.
7
Sec.
3.
Section
9B.4,
Code
2019,
is
amended
by
adding
the
8
following
new
subsection:
9
NEW
SUBSECTION
.
3.
A
notarial
officer
may
certify
that
a
10
tangible
copy
of
an
electronic
record
is
an
accurate
copy
of
11
the
electronic
record.
12
Sec.
4.
NEW
SECTION
.
9B.14A
Notarial
act
performed
for
13
remotely
located
individual.
14
1.
As
used
in
this
section
unless
the
context
otherwise
15
requires:
16
a.
“Communication
technology”
means
an
electronic
device
or
17
process
that
does
all
of
the
following:
18
(1)
Allows
a
notary
public
and
a
remotely
located
individual
19
to
communicate
with
each
other
simultaneously
by
sight
and
20
sound.
21
(2)
When
necessary
and
consistent
with
other
applicable
22
law,
facilitates
communication
with
a
remotely
located
23
individual
who
has
a
vision,
hearing,
or
speech
impairment.
24
b.
“Foreign
state”
means
a
jurisdiction
other
than
the
25
United
States,
a
state,
or
a
federally
recognized
Indian
tribe.
26
c.
“Identity
proofing”
means
a
process
or
service
by
which
27
a
third
person
provides
a
notary
public
with
a
means
to
verify
28
the
identity
of
a
remotely
located
individual
by
a
review
of
29
personal
information
from
public
or
private
data
sources.
30
d.
“Outside
the
United
States”
means
a
location
outside
31
the
geographic
boundaries
of
the
United
States,
Puerto
Rico,
32
the
United
States
Virgin
Islands,
and
any
territory,
insular
33
possession,
or
other
location
subject
to
the
jurisdiction
of
34
the
United
States.
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e.
“Remotely
located
individual”
means
an
individual
who
is
1
not
in
the
physical
presence
of
the
notary
public
who
performs
2
a
notarial
act
under
subsection
3.
3
2.
A
remotely
located
individual
may
comply
with
section
4
9B.6
by
using
communication
technology
to
appear
before
a
5
notary
public.
6
3.
A
notary
public
located
in
this
state
may
perform
a
7
notarial
act
using
communication
technology
for
a
remotely
8
located
individual
if
all
of
the
following
applies:
9
a.
The
notary
public
has
any
of
the
following:
10
(1)
Personal
knowledge
under
section
9B.7,
subsection
1,
of
11
the
identity
of
the
individual.
12
(2)
Satisfactory
evidence
of
the
identity
of
the
remotely
13
located
individual
by
oath
or
affirmation
from
a
credible
14
witness
appearing
before
the
notary
public
under
section
9B.7,
15
subsection
2,
or
this
section.
16
(3)
Obtained
satisfactory
evidence
of
the
identity
of
the
17
remotely
located
individual
by
using
at
least
two
different
18
types
of
identity
proofing.
19
b.
The
notary
public
is
able
reasonably
to
confirm
that
a
20
record
before
the
notary
public
is
the
same
record
in
which
the
21
remotely
located
individual
made
a
statement
or
on
which
the
22
individual
executed
a
signature.
23
c.
The
notary
public,
or
a
person
acting
on
behalf
of
24
the
notary
public,
creates
an
audio-visual
recording
of
the
25
performance
of
the
notarial
act.
26
d.
For
a
remotely
located
individual
located
outside
the
27
United
States,
all
of
the
following
applies:
28
(1)
The
record
complies
with
any
of
the
following:
29
(a)
Is
to
be
filed
with
or
relates
to
a
matter
before
a
30
public
official
or
court,
governmental
entity,
or
other
entity
31
subject
to
the
jurisdiction
of
the
United
States.
32
(b)
Involves
property
located
in
the
territorial
33
jurisdiction
of
the
United
States
or
involves
a
transaction
34
substantially
connected
with
the
United
States.
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(2)
The
act
of
making
the
statement
or
signing
the
record
1
is
not
prohibited
by
the
foreign
state
in
which
the
remotely
2
located
individual
is
located.
3
4.
If
a
notarial
act
is
performed
under
this
section,
the
4
certificate
of
notarial
act
required
by
section
9B.15
and
the
5
short-form
certificate
provided
in
section
9B.16
must
indicate
6
that
the
notarial
act
was
performed
using
communication
7
technology.
8
5.
A
short-form
certificate
provided
in
section
9B.16
for
a
9
notarial
act
subject
to
this
section
is
sufficient
if
any
of
10
the
following
applies:
11
a.
It
complies
with
rules
adopted
under
subsection
8,
12
paragraph
“a”
.
13
b.
It
is
in
the
form
provided
in
section
9B.16
and
contains
14
a
statement
substantially
as
follows:
“This
notarial
act
15
involved
the
use
of
communication
technology”.
16
6.
A
notary
public,
a
guardian,
conservator,
or
agent
of
17
a
notary
public,
or
a
personal
representative
of
a
deceased
18
notary
public
shall
retain
the
audio-visual
recording
created
19
under
subsection
3,
paragraph
“c”
,
or
cause
the
recording
20
to
be
retained
by
a
repository
designated
by
or
on
behalf
21
of
the
person
required
to
retain
the
recording.
Unless
a
22
different
period
is
required
by
rule
adopted
under
subsection
23
8,
paragraph
“d”
,
the
recording
must
be
retained
for
a
period
of
24
at
least
ten
years
after
the
recording
is
made.
25
7.
Before
a
notary
public
performs
the
notary
public’s
26
initial
notarial
act
under
this
section,
the
notary
public
27
must
notify
the
secretary
of
state
that
the
notary
public
will
28
be
performing
notarial
acts
with
respect
to
remotely
located
29
individuals
and
identify
the
technologies
the
notary
public
30
intends
to
use.
If
the
secretary
of
state
has
established
31
standards
under
subsection
8
and
section
9B.27
for
approval
32
of
communication
technology
or
identity
proofing,
the
33
communication
technology
and
identity
proofing
must
conform
to
34
the
standards.
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8.
In
addition
to
adopting
rules
under
section
9B.27,
the
1
secretary
of
state
may
adopt
rules
under
this
section
regarding
2
performance
of
a
notarial
act.
The
rules
may
do
all
of
the
3
following:
4
a.
Prescribe
the
means
of
performing
a
notarial
act
5
involving
a
remotely
located
individual
using
communication
6
technology.
7
b.
Establish
standards
for
communication
technology
and
8
identity
proofing.
9
c.
Establish
requirements
or
procedures
to
approve
providers
10
of
communication
technology
and
the
process
of
identity
11
proofing.
12
d.
Establish
standards
and
a
period
for
the
retention
of
an
13
audio-visual
recording
created
under
subsection
3,
paragraph
14
“c”
.
15
9.
Before
adopting,
amending,
or
repealing
a
rule
governing
16
performance
of
a
notarial
act
with
respect
to
a
remotely
17
located
individual,
the
secretary
of
state
must
consider
all
18
of
the
following:
19
a.
The
most
recent
standards
regarding
the
performance
of
20
a
notarial
act
with
respect
to
a
remotely
located
individual
21
promulgated
by
national
standard-setting
organizations
and
the
22
recommendations
of
the
national
association
of
secretaries
of
23
state.
24
b.
Standards,
practices,
and
customs
of
other
jurisdictions
25
that
have
laws
substantially
similar
to
this
section.
26
c.
The
views
of
governmental
officials
and
entities
and
27
other
interested
persons.
28
10.
By
allowing
its
communication
technology
or
identity
29
proofing
to
facilitate
a
notarial
act
for
a
remotely
located
30
individual
or
by
providing
storage
of
the
audio-visual
31
recording
created
under
subsection
3,
paragraph
“c”
,
the
32
provider
of
the
communication
technology,
identity
proofing,
33
or
storage
appoints
the
secretary
of
state
as
the
provider’s
34
agent
for
service
of
process
in
any
civil
action
in
this
state
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related
to
the
notarial
act.
1
Sec.
5.
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
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
GENERAL.
This
bill
amends
Code
chapter
9B,
the
“Revised
13
Uniform
Law
on
Notarial
Acts”
(RULONA),
enacted
by
the
general
14
assembly
in
2012
(2012
Acts,
chapter
1050),
which
is
based
on
a
15
model
Act
proposed
by
the
national
conference
of
commissioners
16
on
uniform
state
laws
(commissioners)
in
2010.
The
Code
17
chapter
governs
a
notary
public
(an
individual
commissioned
18
to
perform
a
notarial
act
by
the
secretary
of
state)
or
other
19
notarial
officer
(a
statutory
authorized
individual
such
as
a
20
judge)
who
performs
a
specific
official
act
such
as
attesting
21
to
some
fact
which
often
involves
an
individual’s
statement
or
22
signing
of
a
record
presented
by
an
individual
(Code
section
23
9B.2).
Such
an
individual
must
appear
personally
before
the
24
notarial
officer
(Code
section
9B.6).
The
record
may
either
be
25
tangible
or
electronic.
A
notary
public
who
elects
to
perform
26
a
notarial
act
involving
an
electronic
record
must
notify
the
27
secretary
of
state
regarding
the
tamper-proof
technology
that
28
the
notary
public
will
use
(Code
section
9B.20).
29
BILL’S
PROVISIONS.
The
bill
includes
amendments
proposed
30
to
the
uniform
Act
by
the
commissioners
in
2018
and
referred
31
to
as
“RULONA
(2018)”,
by
allowing
a
notary
public
to
perform
32
a
notarial
act
remotely
by
utilizing
audio-visual
technology.
33
The
bill
strikes
a
provision
in
the
Code
chapter,
not
part
of
34
the
uniform
Act,
that
defines
the
phrase
“personal
appearance”
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to
exclude
an
appearance
which
uses
video
or
optical
technology
1
(Code
section
2B.2(10)).
Under
the
bill,
a
public
notary
who
2
performs
a
notarial
act
remotely
must
comply
with
certain
3
standards,
including
rules
adopted
by
the
secretary
of
4
state.
This
includes
keeping
the
audio-video
recording
of
5
the
notarization
for
at
least
10
years.
If
a
public
notary
6
complies
with
these
standards,
the
personal
appearance
7
requirement
is
deemed
satisfied.
The
bill
also
provides
that
a
8
county
recorder
may
accept
a
tangible
copy
of
the
electronic
9
record,
if
a
notarial
officer
certifies
that
the
copy
is
10
accurate.
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