Bill Text: IA SF515 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to remote presence for purposes of notarial acts and executing wills and codicils, and including retroactive applicability provisions.(Formerly SSB 1047.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-04-25 - Withdrawn. S.J. 948. [SF515 Detail]
Download: Iowa-2023-SF515-Introduced.html
Senate
File
515
-
Introduced
SENATE
FILE
515
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1047)
(COMPANION
TO
HF
397
BY
COMMITTEE
ON
JUDICIARY)
A
BILL
FOR
An
Act
relating
to
remote
presence
for
purposes
of
notarial
1
acts
and
executing
wills
and
codicils,
and
including
2
retroactive
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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515
Section
1.
Section
9B.14A,
subsection
7,
Code
2023,
is
1
amended
to
read
as
follows:
2
7.
Before
a
notary
public
performs
the
notary
public’s
3
initial
notarial
act
under
this
section
,
the
notary
public
4
must
notify
the
secretary
of
state
that
the
notary
public
will
5
be
performing
notarial
acts
with
respect
to
remotely
located
6
individuals
and
identify
the
technologies
the
notary
public
7
intends
to
use.
If
the
secretary
of
state
has
established
8
standards
under
subsection
8
and
section
9B.27
for
approval
of
9
communication
technology
or
identity
proofing,
the
all
of
the
10
following
apply:
11
a.
The
communication
technology
and
identity
proofing
the
12
notary
public
intends
to
use
must
conform
to
the
standards.
13
b.
If
the
notary
public
elects
to
use
identity
proofing
14
under
subsection
3,
paragraph
“a”
,
the
identity
proofing
must
15
conform
to
the
standards.
16
Sec.
2.
Section
633.279,
Code
2023,
is
amended
by
adding
the
17
following
new
subsections:
18
NEW
SUBSECTION
.
3.
Execution
of
remote
will
or
codicil
19
in
counterparts.
When
a
will
or
codicil
is
executed
using
20
remote
signing
under
this
section,
the
original
document
may
21
be
executed
in
one
or
more
counterparts
by
parties
located
22
in
different
locations,
and
all
such
counterparts
may
be
23
aggregated
to
comprise
the
complete
will
or
codicil
of
the
24
testator.
25
NEW
SUBSECTION
.
4.
Remote
will
or
codicil
under
disaster
26
proclamation.
Any
will
or
codicil
executed
using
the
remote
27
signing
procedures
permitted
under
the
proclamation
of
disaster
28
emergency
of
the
governor
issued
April
2,
2020,
and
expired
29
February
15,
2022,
shall
be
deemed
to
satisfy
the
presence
30
requirements
of
this
section
if
the
will
or
codicil
was
31
executed
during
the
effective
period
of
the
proclamation
of
32
disaster
emergency.
33
NEW
SUBSECTION
.
5.
Definition.
For
purposes
of
this
34
section,
“presence”
means
any
manner,
physical
or
electronic,
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in
which
the
witness
and
testator
can
see
and
hear
the
acts
of
1
each
other
in
real
time.
2
Sec.
3.
RETROACTIVE
APPLICABILITY.
The
following
applies
3
retroactively
to
wills
and
codicils
executed
on
or
after
April
4
2,
2020:
5
The
portion
of
the
section
of
this
Act
enacting
section
6
633.279,
subsection
4.
7
EXPLANATION
8
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
9
the
explanation’s
substance
by
the
members
of
the
general
assembly.
10
This
bill
relates
to
remote
presence
for
purposes
of
11
notarial
acts
and
executing
wills
and
codicils.
The
bill
12
requires
that
if
a
notary
elects
to
use
identity
proofing
for
13
purposes
of
performing
notarial
acts
for
remotely
located
14
individuals,
the
identity
proofing
must
conform
to
the
15
standards
established
by
the
secretary
of
state.
16
For
purposes
of
executing
wills
and
codicils,
the
bill
17
defines
the
term
“presence”
to
mean
any
manner,
physical
or
18
electronic,
in
which
the
witness
and
testator
can
see
and
hear
19
the
acts
of
each
other
in
real
time.
The
bill
provides
when
a
20
will
or
codicil
is
executed
using
remote
signing,
the
original
21
document
may
be
executed
in
one
or
more
counterparts
by
parties
22
located
in
different
locations,
which
may
be
aggregated
to
23
comprise
the
complete
will
or
codicil.
24
The
bill
provides
that
any
will
or
codicil
executed
using
25
remote
signing
procedures
between
April
2,
2020,
and
February
26
15,
2022,
shall
be
deemed
to
satisfy
the
presence
requirements,
27
pursuant
to
the
governor’s
proclamation
of
disaster
emergency.
28
This
provision
of
the
bill
is
retroactively
applicable
to
April
29
2,
2020.
30
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