House File 484 - IntroducedA Bill ForAn Act 1providing for notarial acts involving remotely located
1   Section 1.  Section 9B.14A, subsection 3, paragraph a, Code
22023, is amended to read as follows:
   3a.  (1)  The notary public has assurance of the identity of
4the remotely located individual by
any one of the following:
   5(1)    (a)  Personal knowledge under section 9B.7, subsection
61, of the identity of the individual.
   7(2)    (b)  Satisfactory evidence of the identity of the
8remotely located individual by oath or affirmation from a
9credible witness appearing before the notary public under
10section 9B.7, subsection 2, or this section.
   11(3)    (c)  Obtained satisfactory evidence of the identity of
12the remotely located individual by using at least two different
13types of identity proofing as provided in subsection 8.
   14(2)  This section allows but does not require a notary public
15to use a third-party service to verify additional information
16or perform a credential analysis provided by a remotely located
17individual, including as provided in subparagraph (1) or
18section 9B.7.
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
   22BACKGROUND. This bill amends the “Revised Uniform Law
23on Notarial Acts” (RULONA), enacted in 2012 (2012 Iowa Acts,
24chapter 1050), and amended in 2019 (2019 Iowa Acts, chapter
2544). Both Acts were based on a recommendation by the national
26conference of commissioners on uniform state laws, also
27referred to as the uniform law commissioners (see Code chapter
285). Iowa’s version of the RULONA is codified in Code chapter
299B and governs a number of different persons authorized to
30perform a notarial act (notarial officer) such as attesting to
31some fact which often involves an individual’s statement or the
32signing of a record presented by the individual (Code section
339B.5). One category of notarial officer is a notary public who
34is an individual commissioned to perform a notarial act by the
35secretary of state (Code section 9B.2). A notary public may
-1-1require an individual to provide information or credentials
2necessary to assure the notary public of the individual’s
3identity (Code section 9B.7). Prior to the 2019 Act, the
4individual was required to appear personally before the notary
5public. The 2019 Act authorizes a notary public to perform
6a notarial act involving a remotely located individual using
7communication technology (Code sections 9B.14A and 9B.14B).
8 Communication technology refers to a process that allows a
9notary public and a remotely located individual to communicate
10with each other simultaneously (Code section 9B.14A(1)). A
11notary public performing a notarial act using communication
12technology must be assured of the remotely located individual’s
13identity, including by satisfying a number of criteria,
14including (1) the public notary’s personal knowledge, (2)
15satisfactory evidence in the form of an oath or affirmation
16from a credible witness, or (3) at least two different types of
17identity proofing (Code section 9B.14A(3)). Identity proofing
18refers to a process or service performed by a third person
19verifying the identity of a remotely located individual. The
20secretary of state has adopted rules establishing standards for
21communication technology, identity proofing, and credential
22analysis (721 IAC 43.9).
   23BILL’S PROVISIONS. The bill provides that a notary public
24must have assurance of the identity of the remotely located
25individual but expressly provides that this assurance is met if
26any one of the three listed criteria is met. It also provides
27that the notary public is not required to use a third-party
28service to verify the additional information or analyze
29credentials provided by the remotely located individual.