Print
House Study Bill 167 - IntroducedA Bill ForAn Act 1providing for notarial acts, including by providing for
2the use of electronic media.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 9B.1, Code 2019, is amended to read as
2follows:
39B.1 Short title.
4This chapter may be cited as the “Revised Uniform Law on
5Notarial Acts” Acts (2018)”.
6 Sec. 2. Section 9B.2, subsection 10, Code 2019, is amended
7by striking the subsection.
8 Sec. 3. Section 9B.4, Code 2019, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 3. A notarial officer may certify that a
11tangible copy of an electronic record is an accurate copy of
12the electronic record.
13 Sec. 4. NEW SECTION. 9B.14A Notarial act performed for
14remotely located individual.
151. As used in this section unless the context otherwise
16requires:
17a. “Communication technology” means an electronic device or
18process that does all of the following:
19(1) Allows a notary public and a remotely located individual
20to communicate with each other simultaneously by sight and
21sound.
22(2) When necessary and consistent with other applicable
23law, facilitates communication with a remotely located
24individual who has a vision, hearing, or speech impairment.
25b. “Foreign state” means a jurisdiction other than the
26United States, a state, or a federally recognized Indian tribe.
27c. “Identity proofing” means a process or service by which
28a third person provides a notary public with a means to verify
29the identity of a remotely located individual by a review of
30personal information from public or private data sources.
31d. “Outside the United States” means a location outside
32the geographic boundaries of the United States, Puerto Rico,
33the United States Virgin Islands, and any territory, insular
34possession, or other location subject to the jurisdiction of
35the United States.
-1- 1e. “Remotely located individual” means an individual who is
2not in the physical presence of the notary public who performs
3a notarial act under subsection 3.
42. A remotely located individual may comply with section
59B.6 by using communication technology to appear before a
6notary public.
73. A notary public located in this state may perform a
8notarial act using communication technology for a remotely
9located individual if all of the following applies:
10a. The notary public has any of the following:
11(1) Personal knowledge under section 9B.7, subsection 1, of
12the identity of the individual.
13(2) Satisfactory evidence of the identity of the remotely
14located individual by oath or affirmation from a credible
15witness appearing before the notary public under section 9B.7,
16subsection 2, or this section.
17(3) Obtained satisfactory evidence of the identity of the
18remotely located individual by using at least two different
19types of identity proofing.
20b. The notary public is able reasonably to confirm that a
21record before the notary public is the same record in which the
22remotely located individual made a statement or on which the
23individual executed a signature.
24c. The notary public, or a person acting on behalf of
25the notary public, creates an audio-visual recording of the
26performance of the notarial act.
27d. For a remotely located individual located outside the
28United States, all of the following applies:
29(1) The record complies with any of the following:
30(a) Is to be filed with or relates to a matter before a
31public official or court, governmental entity, or other entity
32subject to the jurisdiction of the United States.
33(b) Involves property located in the territorial
34jurisdiction of the United States or involves a transaction
35substantially connected with the United States.
-2- 1(2) The act of making the statement or signing the record
2is not prohibited by the foreign state in which the remotely
3located individual is located.
44. If a notarial act is performed under this section, the
5certificate of notarial act required by section 9B.15 and the
6short-form certificate provided in section 9B.16 must indicate
7that the notarial act was performed using communication
8technology.
95. A short-form certificate provided in section 9B.16 for a
10notarial act subject to this section is sufficient if any of
11the following applies:
12a. It complies with rules adopted under subsection 8,
13paragraph “a”.
14b. It is in the form provided in section 9B.16 and contains
15a statement substantially as follows: “This notarial act
16involved the use of communication technology”.
176. A notary public, a guardian, conservator, or agent of
18a notary public, or a personal representative of a deceased
19notary public shall retain the audio-visual recording created
20under subsection 3, paragraph “c”, or cause the recording
21to be retained by a repository designated by or on behalf
22of the person required to retain the recording. Unless a
23different period is required by rule adopted under subsection
248, paragraph “d”, the recording must be retained for a period of
25at least ten years after the recording is made.
267. Before a notary public performs the notary public’s
27initial notarial act under this section, the notary public
28must notify the secretary of state that the notary public will
29be performing notarial acts with respect to remotely located
30individuals and identify the technologies the notary public
31intends to use. If the secretary of state has established
32standards under subsection 8 and section 9B.27 for approval
33of communication technology or identity proofing, the
34communication technology and identity proofing must conform to
35the standards.
-3- 18. In addition to adopting rules under section 9B.27, the
2secretary of state may adopt rules under this section regarding
3performance of a notarial act. The rules may do all of the
4following:
5a. Prescribe the means of performing a notarial act
6involving a remotely located individual using communication
7technology.
8b. Establish standards for communication technology and
9identity proofing.
10c. Establish requirements or procedures to approve providers
11of communication technology and the process of identity
12proofing.
13d. Establish standards and a period for the retention of an
14audio-visual recording created under subsection 3, paragraph
15“c”.
169. Before adopting, amending, or repealing a rule governing
17performance of a notarial act with respect to a remotely
18located individual, the secretary of state must consider all
19of the following:
20a. The most recent standards regarding the performance of
21a notarial act with respect to a remotely located individual
22promulgated by national standard-setting organizations and the
23recommendations of the national association of secretaries of
24state.
25b. Standards, practices, and customs of other jurisdictions
26that have laws substantially similar to this section.
27c. The views of governmental officials and entities and
28other interested persons.
2910. By allowing its communication technology or identity
30proofing to facilitate a notarial act for a remotely located
31individual or by providing storage of the audio-visual
32recording created under subsection 3, paragraph “c”, the
33provider of the communication technology, identity proofing,
34or storage appoints the secretary of state as the provider’s
35agent for service of process in any civil action in this state
-4-1related to the notarial act.
2 Sec. 5. Section 9B.20, Code 2019, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 3. A county recorder may accept for
5recording a tangible copy of an electronic record containing
6a notarial certificate as satisfying any requirement that a
7record accepted for recording be an original, if the notarial
8officer executing the notarial certificate certifies that the
9tangible copy is an accurate copy of the electronic record.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13GENERAL. This bill amends Code chapter 9B, the “Revised
14Uniform Law on Notarial Acts” (RULONA), enacted by the general
15assembly in 2012 (2012 Acts, chapter 1050), which is based on a
16model Act proposed by the national conference of commissioners
17on uniform state laws (commissioners) in 2010. The Code
18chapter governs a notary public (an individual commissioned
19to perform a notarial act by the secretary of state) or other
20notarial officer (a statutory authorized individual such as a
21judge) who performs a specific official act such as attesting
22to some fact which often involves an individual’s statement or
23signing of a record presented by an individual (Code section
249B.2). Such an individual must appear personally before the
25notarial officer (Code section 9B.6). The record may either be
26tangible or electronic. A notary public who elects to perform
27a notarial act involving an electronic record must notify the
28secretary of state regarding the tamper-proof technology that
29the notary public will use (Code section 9B.20).
30BILL’S PROVISIONS. The bill includes amendments proposed
31to the uniform Act by the commissioners in 2018 and referred
32to as “RULONA (2018)”, by allowing a notary public to perform
33a notarial act remotely by utilizing audio-visual technology.
34The bill strikes a provision in the Code chapter, not part of
35the uniform Act, that defines the phrase “personal appearance”
-5-1to exclude an appearance which uses video or optical technology
2(Code section 2B.2(10)). Under the bill, a public notary who
3performs a notarial act remotely must comply with certain
4standards, including rules adopted by the secretary of
5state. This includes keeping the audio-video recording of
6the notarization for at least 10 years. If a public notary
7complies with these standards, the personal appearance
8requirement is deemed satisfied. The bill also provides that a
9county recorder may accept a tangible copy of the electronic
10record, if a notarial officer certifies that the copy is
11accurate.
-6-da/jh
2the use of electronic media.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 9B.1, Code 2019, is amended to read as
2follows:
39B.1 Short title.
4This chapter may be cited as the “Revised Uniform Law on
5Notarial Acts” Acts (2018)”.
6 Sec. 2. Section 9B.2, subsection 10, Code 2019, is amended
7by striking the subsection.
8 Sec. 3. Section 9B.4, Code 2019, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 3. A notarial officer may certify that a
11tangible copy of an electronic record is an accurate copy of
12the electronic record.
13 Sec. 4. NEW SECTION. 9B.14A Notarial act performed for
14remotely located individual.
151. As used in this section unless the context otherwise
16requires:
17a. “Communication technology” means an electronic device or
18process that does all of the following:
19(1) Allows a notary public and a remotely located individual
20to communicate with each other simultaneously by sight and
21sound.
22(2) When necessary and consistent with other applicable
23law, facilitates communication with a remotely located
24individual who has a vision, hearing, or speech impairment.
25b. “Foreign state” means a jurisdiction other than the
26United States, a state, or a federally recognized Indian tribe.
27c. “Identity proofing” means a process or service by which
28a third person provides a notary public with a means to verify
29the identity of a remotely located individual by a review of
30personal information from public or private data sources.
31d. “Outside the United States” means a location outside
32the geographic boundaries of the United States, Puerto Rico,
33the United States Virgin Islands, and any territory, insular
34possession, or other location subject to the jurisdiction of
35the United States.
-1- 1e. “Remotely located individual” means an individual who is
2not in the physical presence of the notary public who performs
3a notarial act under subsection 3.
42. A remotely located individual may comply with section
59B.6 by using communication technology to appear before a
6notary public.
73. A notary public located in this state may perform a
8notarial act using communication technology for a remotely
9located individual if all of the following applies:
10a. The notary public has any of the following:
11(1) Personal knowledge under section 9B.7, subsection 1, of
12the identity of the individual.
13(2) Satisfactory evidence of the identity of the remotely
14located individual by oath or affirmation from a credible
15witness appearing before the notary public under section 9B.7,
16subsection 2, or this section.
17(3) Obtained satisfactory evidence of the identity of the
18remotely located individual by using at least two different
19types of identity proofing.
20b. The notary public is able reasonably to confirm that a
21record before the notary public is the same record in which the
22remotely located individual made a statement or on which the
23individual executed a signature.
24c. The notary public, or a person acting on behalf of
25the notary public, creates an audio-visual recording of the
26performance of the notarial act.
27d. For a remotely located individual located outside the
28United States, all of the following applies:
29(1) The record complies with any of the following:
30(a) Is to be filed with or relates to a matter before a
31public official or court, governmental entity, or other entity
32subject to the jurisdiction of the United States.
33(b) Involves property located in the territorial
34jurisdiction of the United States or involves a transaction
35substantially connected with the United States.
-2- 1(2) The act of making the statement or signing the record
2is not prohibited by the foreign state in which the remotely
3located individual is located.
44. If a notarial act is performed under this section, the
5certificate of notarial act required by section 9B.15 and the
6short-form certificate provided in section 9B.16 must indicate
7that the notarial act was performed using communication
8technology.
95. A short-form certificate provided in section 9B.16 for a
10notarial act subject to this section is sufficient if any of
11the following applies:
12a. It complies with rules adopted under subsection 8,
13paragraph “a”.
14b. It is in the form provided in section 9B.16 and contains
15a statement substantially as follows: “This notarial act
16involved the use of communication technology”.
176. A notary public, a guardian, conservator, or agent of
18a notary public, or a personal representative of a deceased
19notary public shall retain the audio-visual recording created
20under subsection 3, paragraph “c”, or cause the recording
21to be retained by a repository designated by or on behalf
22of the person required to retain the recording. Unless a
23different period is required by rule adopted under subsection
248, paragraph “d”, the recording must be retained for a period of
25at least ten years after the recording is made.
267. Before a notary public performs the notary public’s
27initial notarial act under this section, the notary public
28must notify the secretary of state that the notary public will
29be performing notarial acts with respect to remotely located
30individuals and identify the technologies the notary public
31intends to use. If the secretary of state has established
32standards under subsection 8 and section 9B.27 for approval
33of communication technology or identity proofing, the
34communication technology and identity proofing must conform to
35the standards.
-3- 18. In addition to adopting rules under section 9B.27, the
2secretary of state may adopt rules under this section regarding
3performance of a notarial act. The rules may do all of the
4following:
5a. Prescribe the means of performing a notarial act
6involving a remotely located individual using communication
7technology.
8b. Establish standards for communication technology and
9identity proofing.
10c. Establish requirements or procedures to approve providers
11of communication technology and the process of identity
12proofing.
13d. Establish standards and a period for the retention of an
14audio-visual recording created under subsection 3, paragraph
15“c”.
169. Before adopting, amending, or repealing a rule governing
17performance of a notarial act with respect to a remotely
18located individual, the secretary of state must consider all
19of the following:
20a. The most recent standards regarding the performance of
21a notarial act with respect to a remotely located individual
22promulgated by national standard-setting organizations and the
23recommendations of the national association of secretaries of
24state.
25b. Standards, practices, and customs of other jurisdictions
26that have laws substantially similar to this section.
27c. The views of governmental officials and entities and
28other interested persons.
2910. By allowing its communication technology or identity
30proofing to facilitate a notarial act for a remotely located
31individual or by providing storage of the audio-visual
32recording created under subsection 3, paragraph “c”, the
33provider of the communication technology, identity proofing,
34or storage appoints the secretary of state as the provider’s
35agent for service of process in any civil action in this state
-4-1related to the notarial act.
2 Sec. 5. Section 9B.20, Code 2019, is amended by adding the
3following new subsection:
4 NEW SUBSECTION. 3. A county recorder may accept for
5recording a tangible copy of an electronic record containing
6a notarial certificate as satisfying any requirement that a
7record accepted for recording be an original, if the notarial
8officer executing the notarial certificate certifies that the
9tangible copy is an accurate copy of the electronic record.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13GENERAL. This bill amends Code chapter 9B, the “Revised
14Uniform Law on Notarial Acts” (RULONA), enacted by the general
15assembly in 2012 (2012 Acts, chapter 1050), which is based on a
16model Act proposed by the national conference of commissioners
17on uniform state laws (commissioners) in 2010. The Code
18chapter governs a notary public (an individual commissioned
19to perform a notarial act by the secretary of state) or other
20notarial officer (a statutory authorized individual such as a
21judge) who performs a specific official act such as attesting
22to some fact which often involves an individual’s statement or
23signing of a record presented by an individual (Code section
249B.2). Such an individual must appear personally before the
25notarial officer (Code section 9B.6). The record may either be
26tangible or electronic. A notary public who elects to perform
27a notarial act involving an electronic record must notify the
28secretary of state regarding the tamper-proof technology that
29the notary public will use (Code section 9B.20).
30BILL’S PROVISIONS. The bill includes amendments proposed
31to the uniform Act by the commissioners in 2018 and referred
32to as “RULONA (2018)”, by allowing a notary public to perform
33a notarial act remotely by utilizing audio-visual technology.
34The bill strikes a provision in the Code chapter, not part of
35the uniform Act, that defines the phrase “personal appearance”
-5-1to exclude an appearance which uses video or optical technology
2(Code section 2B.2(10)). Under the bill, a public notary who
3performs a notarial act remotely must comply with certain
4standards, including rules adopted by the secretary of
5state. This includes keeping the audio-video recording of
6the notarization for at least 10 years. If a public notary
7complies with these standards, the personal appearance
8requirement is deemed satisfied. The bill also provides that a
9county recorder may accept a tangible copy of the electronic
10record, if a notarial officer certifies that the copy is
11accurate.
-6-da/jh