Bills › 88th General Assembly
Providing for notarial acts, including by providing for the use of electronic media, providing penalties, and including effective date provisions
Sponsored by the House State Government Committee
Topics:State government
Where it is now
- Done: IntroducedMarch 5, 2019
- Skipped: SubcommitteeSkipped
- Done: House committeeApril 4, 2019
- Done: Passes the HouseApril 17, 2019
- Skipped: Senate committeeSkipped
- Done: Passes the SenateApril 1, 201948–0
- Done: To the GovernorApril 29, 2019
- Done: Signed into lawApril 29, 2019
SF 475 became law → The same legislation passed as SF 475, so this version was set aside. Go to SF 475 What’s a funnel?
What’s in it
GENERAL. This bill amends Code chapter 9B, the “Revised Uniform Law on Notarial Acts” (RULONA), enacted by the general assembly in 2012 (2012 Acts, chapter 1050), which is based on a uniform Act proposed by the national conference of commissioners on uniform state laws (commissioners) in 2010.2).6).16). The record may either be tangible or electronic.20). UNIFORM PROVISIONS. The bill includes amendments proposed to the uniform Act by the commissioners in 2018 and referred to as “RULONA (2018)”, by allowing a notary public to perform a notarial act remotely by utilizing audio-visual technology.
Read the full explanation
Under the bill, an individual may personally appear before a notary public by means of communication technology. Communication technology is a process that allows a notary public and a remotely located individual (individual) to communicate with each other simultaneously. The notary public must have some reliable evidence of the true identity of the individual and confirm that the record before the notary public is the same record of the individual’s statement or the same document that is being signed. The certificate must indicate that the remote notarial act is performed in accordance with the provisions of the new Code section. The bill also requires that an audio-visual recording of the performance be created and stored for at least years. The secretary of state is authorized to adopt rules required to administer the new Code section.20, by providing that a county recorder may accept a tangible copy of an electronic record, if a notarial officer certifies that the copy is accurate. NONUNIFORM PROVISIONS —— NOTICE TO CREDITORS. The bill provides that a document purporting to convey or encumber real property that has been recorded provides notice to third persons regardless of whether it has been properly certified. The bill also provides that a county recorder may accept a tangible copy of the electronic record, if a notarial officer certifies that the copy is accurate. In a cause of action brought under the new Code section, venue lies in the county where the notary public is performing the notarial act, and Iowa law is the choice of law. NONUNIFORM PROVISIONS —— RESTRICTION ON USE OF PERSONALLY IDENTIFIABLE INFORMATION., consent of a party). A person who violates this provision of the bill commits a simple misdemeanor. A simple misdemeanor is punishable by confinement for no more than days or a fine of at least $65 but not more than $625 or by both. EFFECTIVE DATE. The bill takes effect July 1, 2020.
Changed since by amendments S-3097, S-3082; see Amendments.
Iowa Code it changes
Lobbying
7 for · 1 against · 19 undecided · Who →
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88th General Assembly