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House File 397 - IntroducedA Bill ForAn Act 1relating to remote presence for purposes of notarial
2acts and executing wills and codicils, and including
3retroactive applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 9B.14A, subsection 7, Code 2023, is
2amended to read as follows:
37. Before a notary public performs the notary public’s
4initial notarial act under this section, the notary public
5must notify the secretary of state that the notary public will
6be performing notarial acts with respect to remotely located
7individuals and identify the technologies the notary public
8intends to use. If the secretary of state has established
9standards under subsection 8 and section 9B.27 for approval of
10communication technology or identity proofing, the all of the
11following apply:
12a. Thecommunication technology and identity proofing the
13notary public intends to use must conform to the standards.
14b. If the notary public elects to use identity proofing
15under subsection 3, paragraph “a”, the identity proofing must
16conform to the standards.
17 Sec. 2. Section 633.279, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 3. Execution of remote will or codicil
20in counterparts. When a will or codicil is executed using
21remote signing under this section, the original document may
22be executed in one or more counterparts by parties located
23in different locations, and all such counterparts may be
24aggregated to comprise the complete will or codicil of the
25testator.
26 NEW SUBSECTION. 4. Remote will or codicil under disaster
27proclamation. Any will or codicil executed using the remote
28signing procedures permitted under the proclamation of disaster
29emergency of the governor issued April 2, 2020, and expired
30February 15, 2022, shall be deemed to satisfy the presence
31requirements of this section if the will or codicil was
32executed during the effective period of the proclamation of
33disaster emergency.
34 NEW SUBSECTION. 5. Definition. For purposes of this
35section, “presence” means any manner, physical or electronic,
-1-1in which the witness and testator can see and hear the acts of
2each other in real time.
3 Sec. 3. RETROACTIVE APPLICABILITY. The following applies
4retroactively to wills and codicils executed on or after April
52, 2020:
6The portion of the section of this Act enacting section
7633.279, subsection 4.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill relates to remote presence for purposes of
12notarial acts and executing wills and codicils. The bill
13requires that if a notary elects to use identity proofing for
14purposes of performing notarial acts for remotely located
15individuals, the identity proofing must conform to the
16standards established by the secretary of state.
17For purposes of executing wills and codicils, the bill
18defines the term “presence” to mean any manner, physical or
19electronic, in which the witness and testator can see and hear
20the acts of each other in real time. The bill provides when a
21will or codicil is executed using remote signing, the original
22document may be executed in one or more counterparts by parties
23located in different locations, which may be aggregated to
24comprise the complete will or codicil.
25The bill provides that any will or codicil executed using
26remote signing procedures between April 2, 2020, and February
2715, 2022, shall be deemed to satisfy the presence requirements,
28pursuant to the governor’s proclamation of disaster emergency.
29This provision of the bill is retroactively applicable to April
302, 2020.
-2-cm/ns
2acts and executing wills and codicils, and including
3retroactive applicability provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 9B.14A, subsection 7, Code 2023, is
2amended to read as follows:
37. Before a notary public performs the notary public’s
4initial notarial act under this section, the notary public
5must notify the secretary of state that the notary public will
6be performing notarial acts with respect to remotely located
7individuals and identify the technologies the notary public
8intends to use. If the secretary of state has established
9standards under subsection 8 and section 9B.27 for approval of
10communication technology or identity proofing, the all of the
11following apply:
12a. Thecommunication technology and identity proofing the
13notary public intends to use must conform to the standards.
14b. If the notary public elects to use identity proofing
15under subsection 3, paragraph “a”, the identity proofing must
16conform to the standards.
17 Sec. 2. Section 633.279, Code 2023, is amended by adding the
18following new subsections:
19 NEW SUBSECTION. 3. Execution of remote will or codicil
20in counterparts. When a will or codicil is executed using
21remote signing under this section, the original document may
22be executed in one or more counterparts by parties located
23in different locations, and all such counterparts may be
24aggregated to comprise the complete will or codicil of the
25testator.
26 NEW SUBSECTION. 4. Remote will or codicil under disaster
27proclamation. Any will or codicil executed using the remote
28signing procedures permitted under the proclamation of disaster
29emergency of the governor issued April 2, 2020, and expired
30February 15, 2022, shall be deemed to satisfy the presence
31requirements of this section if the will or codicil was
32executed during the effective period of the proclamation of
33disaster emergency.
34 NEW SUBSECTION. 5. Definition. For purposes of this
35section, “presence” means any manner, physical or electronic,
-1-1in which the witness and testator can see and hear the acts of
2each other in real time.
3 Sec. 3. RETROACTIVE APPLICABILITY. The following applies
4retroactively to wills and codicils executed on or after April
52, 2020:
6The portion of the section of this Act enacting section
7633.279, subsection 4.
8EXPLANATION
9The inclusion of this explanation does not constitute agreement with
10the explanation’s substance by the members of the general assembly.
11This bill relates to remote presence for purposes of
12notarial acts and executing wills and codicils. The bill
13requires that if a notary elects to use identity proofing for
14purposes of performing notarial acts for remotely located
15individuals, the identity proofing must conform to the
16standards established by the secretary of state.
17For purposes of executing wills and codicils, the bill
18defines the term “presence” to mean any manner, physical or
19electronic, in which the witness and testator can see and hear
20the acts of each other in real time. The bill provides when a
21will or codicil is executed using remote signing, the original
22document may be executed in one or more counterparts by parties
23located in different locations, which may be aggregated to
24comprise the complete will or codicil.
25The bill provides that any will or codicil executed using
26remote signing procedures between April 2, 2020, and February
2715, 2022, shall be deemed to satisfy the presence requirements,
28pursuant to the governor’s proclamation of disaster emergency.
29This provision of the bill is retroactively applicable to April
302, 2020.
-2-cm/ns