SF 515 (LSB 1417SV (2) 90)

SENATE FILE 515

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 1047)

(COMPANION TO HF 397 BY COMMITTEE ON JUDICIARY)

A BILL FOR

An Act relating to remote presence for purposes of notarial acts and executing wills and codicils, and including retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 9B.14A, subsection 7, Code 2023, is amended to read as follows:
   7.  Before a notary public performs the notary public’s initial notarial act under this section, the notary public must notify the secretary of state that the notary public will be performing notarial acts with respect to remotely located individuals and identify the technologies the notary public intends to use. If the secretary of state has established standards under subsection 8 and section 9B.27 for approval of communication technology or identity proofing, the all of the following apply:
   a.  The communication technology and identity proofing the notary public intends to use must conform to the standards.
   b.  If the notary public elects to use identity proofing under subsection 3, paragraph “a”, the identity proofing must conform to the standards.
    Sec. 2.  Section 633.279, Code 2023, is amended by adding the following new subsections:
   NEW SUBSECTION.  3.  Execution of remote will or codicil in counterparts.  When a will or codicil is executed using remote signing under this section, the original document may be executed in one or more counterparts by parties located in different locations, and all such counterparts may be aggregated to comprise the complete will or codicil of the testator.
   NEW SUBSECTION.  4.  Remote will or codicil under disaster proclamation.  Any will or codicil executed using the remote signing procedures permitted under the proclamation of disaster emergency of the governor issued April 2, 2020, and expired February 15, 2022, shall be deemed to satisfy the presence requirements of this section if the will or codicil was executed during the effective period of the proclamation of disaster emergency.
   NEW SUBSECTION.  5.  Definition.  For purposes of this section, “presence” means any manner, physical or electronic, in which the witness and testator can see and hear the acts of each other in real time.
    Sec. 3.  RETROACTIVE APPLICABILITY.  The following applies retroactively to wills and codicils executed on or after April 2, 2020:
   The portion of the section of this Act enacting section 633.279, subsection 4.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to remote presence for purposes of notarial acts and executing wills and codicils. The bill requires that if a notary elects to use identity proofing for purposes of performing notarial acts for remotely located individuals, the identity proofing must conform to the standards established by the secretary of state.
   For purposes of executing wills and codicils, the bill defines the term “presence” to mean any manner, physical or electronic, in which the witness and testator can see and hear the acts of each other in real time. The bill provides when a will or codicil is executed using remote signing, the original document may be executed in one or more counterparts by parties located in different locations, which may be aggregated to comprise the complete will or codicil.
   The bill provides that any will or codicil executed using remote signing procedures between April 2, 2020, and February 15, 2022, shall be deemed to satisfy the presence requirements, pursuant to the governor’s proclamation of disaster emergency. This provision of the bill is retroactively applicable to April 2, 2020.