House File 484 - Introduced HOUSE FILE 484 BY GUSTOFF A BILL FOR An Act providing for notarial acts involving remotely located 1 individuals. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2376YH (2) 90 da/jh
H.F. 484 Section 1. Section 9B.14A, subsection 3, paragraph a, Code 1 2023, is amended to read as follows: 2 a. (1) The notary public has assurance of the identity of 3 the remotely located individual by any one of the following: 4 (1) (a) Personal knowledge under section 9B.7, subsection 5 1 , of the identity of the individual. 6 (2) (b) Satisfactory evidence of the identity of the 7 remotely located individual by oath or affirmation from a 8 credible witness appearing before the notary public under 9 section 9B.7, subsection 2 , or this section . 10 (3) (c) Obtained satisfactory evidence of the identity of 11 the remotely located individual by using at least two different 12 types of identity proofing as provided in subsection 8 . 13 (2) This section allows but does not require a notary public 14 to use a third-party service to verify additional information 15 or perform a credential analysis provided by a remotely located 16 individual, including as provided in subparagraph (1) or 17 section 9B.7. 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 BACKGROUND. This bill amends the “Revised Uniform Law 22 on Notarial Acts” (RULONA), enacted in 2012 (2012 Iowa Acts, 23 chapter 1050), and amended in 2019 (2019 Iowa Acts, chapter 24 44). Both Acts were based on a recommendation by the national 25 conference of commissioners on uniform state laws, also 26 referred to as the uniform law commissioners (see Code chapter 27 5). Iowa’s version of the RULONA is codified in Code chapter 28 9B and governs a number of different persons authorized to 29 perform a notarial act (notarial officer) such as attesting to 30 some fact which often involves an individual’s statement or the 31 signing of a record presented by the individual (Code section 32 9B.5). One category of notarial officer is a notary public who 33 is an individual commissioned to perform a notarial act by the 34 secretary of state (Code section 9B.2). A notary public may 35 -1- LSB 2376YH (2) 90 da/jh 1/ 2
H.F. 484 require an individual to provide information or credentials 1 necessary to assure the notary public of the individual’s 2 identity (Code section 9B.7). Prior to the 2019 Act, the 3 individual was required to appear personally before the notary 4 public. The 2019 Act authorizes a notary public to perform 5 a notarial act involving a remotely located individual using 6 communication technology (Code sections 9B.14A and 9B.14B). 7 Communication technology refers to a process that allows a 8 notary public and a remotely located individual to communicate 9 with each other simultaneously (Code section 9B.14A(1)). A 10 notary public performing a notarial act using communication 11 technology must be assured of the remotely located individual’s 12 identity, including by satisfying a number of criteria, 13 including (1) the public notary’s personal knowledge, (2) 14 satisfactory evidence in the form of an oath or affirmation 15 from a credible witness, or (3) at least two different types of 16 identity proofing (Code section 9B.14A(3)). Identity proofing 17 refers to a process or service performed by a third person 18 verifying the identity of a remotely located individual. The 19 secretary of state has adopted rules establishing standards for 20 communication technology, identity proofing, and credential 21 analysis (721 IAC 43.9). 22 BILL’S PROVISIONS. The bill provides that a notary public 23 must have assurance of the identity of the remotely located 24 individual but expressly provides that this assurance is met if 25 any one of the three listed criteria is met. It also provides 26 that the notary public is not required to use a third-party 27 service to verify the additional information or analyze 28 credentials provided by the remotely located individual. 29 -2- LSB 2376YH (2) 90 da/jh 2/ 2