Bill Text: IA HF484 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act providing for notarial acts involving remotely located individuals.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-02-28 - Introduced, referred to Judiciary. H.J. 438. [HF484 Detail]
Download: Iowa-2023-HF484-Introduced.html
House
File
484
-
Introduced
HOUSE
FILE
484
BY
GUSTOFF
A
BILL
FOR
An
Act
providing
for
notarial
acts
involving
remotely
located
1
individuals.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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484
Section
1.
Section
9B.14A,
subsection
3,
paragraph
a,
Code
1
2023,
is
amended
to
read
as
follows:
2
a.
(1)
The
notary
public
has
assurance
of
the
identity
of
3
the
remotely
located
individual
by
any
one
of
the
following:
4
(1)
(a)
Personal
knowledge
under
section
9B.7,
subsection
5
1
,
of
the
identity
of
the
individual.
6
(2)
(b)
Satisfactory
evidence
of
the
identity
of
the
7
remotely
located
individual
by
oath
or
affirmation
from
a
8
credible
witness
appearing
before
the
notary
public
under
9
section
9B.7,
subsection
2
,
or
this
section
.
10
(3)
(c)
Obtained
satisfactory
evidence
of
the
identity
of
11
the
remotely
located
individual
by
using
at
least
two
different
12
types
of
identity
proofing
as
provided
in
subsection
8
.
13
(2)
This
section
allows
but
does
not
require
a
notary
public
14
to
use
a
third-party
service
to
verify
additional
information
15
or
perform
a
credential
analysis
provided
by
a
remotely
located
16
individual,
including
as
provided
in
subparagraph
(1)
or
17
section
9B.7.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
BACKGROUND.
This
bill
amends
the
“Revised
Uniform
Law
22
on
Notarial
Acts”
(RULONA),
enacted
in
2012
(2012
Iowa
Acts,
23
chapter
1050),
and
amended
in
2019
(2019
Iowa
Acts,
chapter
24
44).
Both
Acts
were
based
on
a
recommendation
by
the
national
25
conference
of
commissioners
on
uniform
state
laws,
also
26
referred
to
as
the
uniform
law
commissioners
(see
Code
chapter
27
5).
Iowa’s
version
of
the
RULONA
is
codified
in
Code
chapter
28
9B
and
governs
a
number
of
different
persons
authorized
to
29
perform
a
notarial
act
(notarial
officer)
such
as
attesting
to
30
some
fact
which
often
involves
an
individual’s
statement
or
the
31
signing
of
a
record
presented
by
the
individual
(Code
section
32
9B.5).
One
category
of
notarial
officer
is
a
notary
public
who
33
is
an
individual
commissioned
to
perform
a
notarial
act
by
the
34
secretary
of
state
(Code
section
9B.2).
A
notary
public
may
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require
an
individual
to
provide
information
or
credentials
1
necessary
to
assure
the
notary
public
of
the
individual’s
2
identity
(Code
section
9B.7).
Prior
to
the
2019
Act,
the
3
individual
was
required
to
appear
personally
before
the
notary
4
public.
The
2019
Act
authorizes
a
notary
public
to
perform
5
a
notarial
act
involving
a
remotely
located
individual
using
6
communication
technology
(Code
sections
9B.14A
and
9B.14B).
7
Communication
technology
refers
to
a
process
that
allows
a
8
notary
public
and
a
remotely
located
individual
to
communicate
9
with
each
other
simultaneously
(Code
section
9B.14A(1)).
A
10
notary
public
performing
a
notarial
act
using
communication
11
technology
must
be
assured
of
the
remotely
located
individual’s
12
identity,
including
by
satisfying
a
number
of
criteria,
13
including
(1)
the
public
notary’s
personal
knowledge,
(2)
14
satisfactory
evidence
in
the
form
of
an
oath
or
affirmation
15
from
a
credible
witness,
or
(3)
at
least
two
different
types
of
16
identity
proofing
(Code
section
9B.14A(3)).
Identity
proofing
17
refers
to
a
process
or
service
performed
by
a
third
person
18
verifying
the
identity
of
a
remotely
located
individual.
The
19
secretary
of
state
has
adopted
rules
establishing
standards
for
20
communication
technology,
identity
proofing,
and
credential
21
analysis
(721
IAC
43.9).
22
BILL’S
PROVISIONS.
The
bill
provides
that
a
notary
public
23
must
have
assurance
of
the
identity
of
the
remotely
located
24
individual
but
expressly
provides
that
this
assurance
is
met
if
25
any
one
of
the
three
listed
criteria
is
met.
It
also
provides
26
that
the
notary
public
is
not
required
to
use
a
third-party
27
service
to
verify
the
additional
information
or
analyze
28
credentials
provided
by
the
remotely
located
individual.
29
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