S.F. 475 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, Code 2019, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 4A. “Instrument affecting real property” 8 means a written instrument conveying or encumbering real 9 property including an instrument affecting real estate as 10 defined in section 558.1 or any similar instrument provided in 11 chapter 558. 12 Sec. 3. Section 9B.2, subsection 10, paragraph b, Code 2019, 13 is amended to read as follows: 14 b. “Personal Except as provided in section 9B.14A, “personal 15 appearance” does not include appearances which require video, 16 optical, or technology with similar capabilities. 17 Sec. 4. Section 9B.4, Code 2019, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 3. A notarial officer may certify that a 20 tangible copy of an electronic record is an accurate copy of 21 the electronic record as provided in section 9B.14A. 22 Sec. 5. Section 9B.6, Code 2019, is amended to read as 23 follows: 24 9B.6 Personal appearance required. 25 If a notarial act relates to a statement made in or a 26 signature executed on a record, the individual making the 27 statement or executing the signature shall appear personally 28 before the notarial officer. This section is satisfied by a 29 remotely located individual using communication technology to 30 appear before a notary public as provided in section 9B.14A. 31 Sec. 6. NEW SECTION . 9B.14A Notarial act performed for 32 remotely located individual —— instruments affecting real 33 property. 34 1. As used in this section unless the context otherwise 35 -1- LSB 2242SV (3) 88 da/jh 1/ 8

S.F. 475 requires: 1 a. “Communication technology” means an electronic device or 2 process that does all of the following: 3 (1) Allows a notary public and a remotely located individual 4 to communicate with each other simultaneously by sight and 5 sound. 6 (2) When necessary and consistent with other applicable 7 law, facilitates communication with a remotely located 8 individual who has a vision, hearing, or speech impairment. 9 b. “Foreign state” means a jurisdiction other than the 10 United States, a state, or a federally recognized Indian tribe. 11 c. “Identity proofing” means a process or service by which 12 a third person provides a notary public with a means to verify 13 the identity of a remotely located individual by a review of 14 personal information from public or private data sources. 15 d. “Outside the United States” means a location outside 16 the geographic boundaries of the United States, Puerto Rico, 17 the United States Virgin Islands, and any territory, insular 18 possession, or other location subject to the jurisdiction of 19 the United States. 20 e. “Remotely located individual” means an individual who is 21 not in the physical presence of the notary public who performs 22 a notarial act under subsection 3. 23 2. A remotely located individual may comply with section 24 9B.6 by using communication technology to appear before a 25 notary public. 26 3. A notary public located in this state may perform a 27 notarial act to certify an instrument affecting real property 28 for filing and recording in the office of the recorder of the 29 county in which the real property is located as provided in 30 chapter 558, by using communication technology for a remotely 31 located individual, if all of the following applies: 32 a. The notary public has any of the following: 33 (1) Personal knowledge under section 9B.7, subsection 1, of 34 the identity of the individual. 35 -2- LSB 2242SV (3) 88 da/jh 2/ 8

S.F. 475 (2) Satisfactory evidence of the identity of the remotely 1 located individual by oath or affirmation from a credible 2 witness appearing before the notary public under section 9B.7, 3 subsection 2, or this section. 4 (3) Obtained satisfactory evidence of the identity of the 5 remotely located individual by using at least two different 6 types of identity proofing. 7 b. The notary public is able reasonably to confirm that a 8 record before the notary public is the same record in which the 9 remotely located individual made a statement or on which the 10 individual executed a signature. 11 c. The notary public, or a person acting on behalf of 12 the notary public, creates an audio-visual recording of the 13 performance of the notarial act. 14 d. For a remotely located individual located outside the 15 United States, the act of making the statement or signing the 16 record is not prohibited by the foreign state in which the 17 remotely located individual is located. 18 4. If a notarial act is performed under this section, the 19 certificate of notarial act required by section 9B.15 and the 20 short-form certificate provided in section 9B.16 must indicate 21 that the notarial act was performed using communication 22 technology. 23 5. A short-form certificate provided in section 9B.16 for a 24 notarial act subject to this section is sufficient if any of 25 the following applies: 26 a. It complies with rules adopted under subsection 8, 27 paragraph “a” . 28 b. It is in the form provided in section 9B.16 and contains 29 a statement substantially as follows: “This notarial act 30 involved the use of communication technology”. 31 6. A notary public, a guardian, conservator, or agent of 32 a notary public, or a personal representative of a deceased 33 notary public shall retain the audio-visual recording created 34 under subsection 3, paragraph “c” , or cause the recording 35 -3- LSB 2242SV (3) 88 da/jh 3/ 8

S.F. 475 to be retained by a repository designated by or on behalf 1 of the person required to retain the recording. Unless a 2 different period is required by rule adopted under subsection 3 8, paragraph “d” , the recording must be retained for a period of 4 at least ten years after the recording is made. 5 7. Before a notary public performs the notary public’s 6 initial notarial act under this section, the notary public 7 must notify the secretary of state that the notary public will 8 be performing notarial acts with respect to remotely located 9 individuals and identify the technologies the notary public 10 intends to use. If the secretary of state has established 11 standards under subsection 8 and section 9B.27 for approval 12 of communication technology or identity proofing, the 13 communication technology and identity proofing must conform to 14 the standards. 15 8. In addition to adopting rules under section 9B.27, the 16 secretary of state may adopt rules under this section regarding 17 performance of a notarial act. The rules may do all of the 18 following: 19 a. Prescribe the means and process, including training 20 requirements, of performing a notarial act involving a remotely 21 located individual using communication technology. 22 b. Establish standards for communication technology and 23 identity proofing. 24 c. Establish requirements or procedures to approve providers 25 of communication technology and the process of identity 26 proofing. 27 d. Establish standards and a period for the retention of an 28 audio-visual recording created under subsection 3, paragraph 29 “c” . 30 9. Before adopting, amending, or repealing a rule governing 31 performance of a notarial act with respect to a remotely 32 located individual, the secretary of state must consider all 33 of the following: 34 a. The most recent standards regarding the performance of 35 -4- LSB 2242SV (3) 88 da/jh 4/ 8

S.F. 475 a notarial act with respect to a remotely located individual 1 promulgated by national standard-setting organizations and the 2 recommendations of the national association of secretaries of 3 state. 4 b. Standards, practices, and customs of other jurisdictions 5 that have laws substantially similar to this section. 6 c. The views of governmental officials and entities and 7 other interested persons. 8 10. By allowing its communication technology or identity 9 proofing to facilitate a notarial act for a remotely located 10 individual or by providing storage of the audio-visual 11 recording created under subsection 3, paragraph “c” , the 12 provider of the communication technology, identity proofing, 13 or storage appoints the secretary of state as the provider’s 14 agent for service of process in any civil action in this state 15 related to the notarial act. 16 10A. 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 Sec. 7. NEW SECTION . 9B.14B Use of information. 24 1. As used in this section, unless the context otherwise 25 requires: 26 a. (1) “Personally identifiable information” means 27 information about or pertaining to an individual in a record 28 which identifies the individual, and includes information that 29 can be used to distinguish or trace an individual’s identity, 30 either alone or when combined with other information. 31 (2) “Personally identifiable information” includes but is 32 not limited to a person’s photograph, social security number, 33 driver’s license number, name, address, and telephone number. 34 b. “Remote facilitator” means a person who participates in 35 -5- LSB 2242SV (3) 88 da/jh 5/ 8

S.F. 475 performing a notarial act under section 9B.14A, by doing any 1 of the following: 2 (1) Providing communication technology used by a public 3 notary or remotely located individual. 4 (2) Creating, transmitting, or retaining audio-visual 5 recordings on behalf of a notary public. 6 2. A notary public or a remote facilitator shall not sell, 7 offer for sale, use, or transfer to another person personally 8 identifiable information collected in the course of performing 9 a notarial act for any purpose other than as follows: 10 a. As required to perform the notarial act. 11 b. As necessary to effect, administer, enforce, service, or 12 process the transaction for which the personally identifiable 13 information was provided. 14 3. Subsection 2 does not apply to the transfer of personally 15 identifiable information to another person in any of the 16 following circumstances: 17 a. Upon written consent of the person for the use or release 18 of that person’s personally identifiable information. 19 b. In response to a court order, subpoena, or other legal 20 process compelling disclosure. 21 c. As part of a change in the form of a business entity’s 22 organization or a change in the control of a business 23 entity, including as a result of an acquisition, merger, or 24 consolidation. However, any reorganized or successor business 25 entity shall comply with the same requirements as provided in 26 subsection 2. 27 4. A person who violates this section is guilty of a simple 28 misdemeanor. 29 Sec. 8. Section 9B.20, Code 2019, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3. The office of the recorder of the county 32 in which the real property is located may accept for recording 33 a tangible copy of an electronic record of an instrument 34 affecting the real property containing a notarial certificate 35 -6- LSB 2242SV (3) 88 da/jh 6/ 8

S.F. 475 as satisfying any requirement that a record accepted for 1 recording be an original, if the notarial officer executing the 2 notarial certificate certifies that the tangible copy is an 3 accurate copy of the electronic record. 4 Sec. 9. EFFECTIVE DATE. This Act takes effect July 1, 2020. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 GENERAL. This bill amends Code chapter 9B, the “Revised 9 Uniform Law on Notarial Acts” (RULONA), enacted by the general 10 assembly in 2012 (2012 Acts, chapter 1050), which is based on 11 an Act proposed by the national conference of commissioners on 12 uniform state laws (commissioners) in 2010. The Code chapter 13 governs a notary public (an individual commissioned to perform 14 a notarial act by the secretary of state) or other notarial 15 officer (a statutory authorized individual such as a judge) who 16 performs a specific official act such as attesting to some fact 17 which often involves an individual’s statement or signing of a 18 record presented by an individual (Code section 9B.2). Such an 19 individual must appear personally before the notarial officer 20 (Code section 9B.6). The record may either be tangible or 21 electronic. A notary public who elects to perform a notarial 22 act involving an electronic record must notify the secretary 23 of state regarding the tamper-proof technology that the notary 24 public will use (Code section 9B.20). 25 BILL’S PROVISIONS. The bill includes amendments proposed 26 to the uniform Act by the commissioners in 2018 and referred 27 to as “RULONA (2018)”, by allowing a notary public to 28 perform a notarial act remotely by utilizing audio-visual 29 technology. However, the bill only applies to the filing of 30 instruments affecting real property with a county recorder, 31 and specifically instruments conveying or encumbering real 32 property. Under the bill, a public notary who performs a 33 notarial act remotely must comply with certain standards, 34 including rules adopted by the secretary of state. This 35 -7- LSB 2242SV (3) 88 da/jh 7/ 8

S.F. 475 includes keeping the audio-video recording of the notarization 1 for at least 10 years. A document purporting to convey or 2 encumber real property that has been recorded provides notice 3 to third persons regardless of whether it has been properly 4 certified. The bill also provides that a county recorder may 5 accept a tangible copy of the electronic record, if a notarial 6 officer certifies that the copy is accurate. 7 RESTRICTION ON USE OF PERSONALLY IDENTIFIABLE INFORMATION. 8 The bill creates a nonuniform provision that restricts a 9 public notary or person involved in performing a notarial act 10 electronically from using personally identifiable information 11 that is contained in a created record subject to specified 12 exceptions in the bill. A person who violates this provision 13 of the bill commits a simple misdemeanor. 14 EFFECTIVE DATE. The bill takes effect on July 1, 2020. 15 -8- LSB 2242SV (3) 88 da/jh 8/ 8