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House File 397 - EnrolledAn Actrelating 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. Thecommunication 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,
-1-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.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 397, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorcm/ns
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. Thecommunication 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,
-1-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.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 397, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernorcm/ns