Bill Text: IA HF397 | 2023-2024 | 90th General Assembly | Enrolled
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 HSB 3.) Effective date: 07/01/2023. Applicability date: 04/02/2020.
Spectrum: Committee Bill
Status: (Passed) 2023-06-01 - Signed by Governor. H.J. 1040. [HF397 Detail]
Download: Iowa-2023-HF397-Enrolled.html
House
File
397
-
Enrolled
House
File
397
AN
ACT
RELATING
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.
The
communication
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
House
File
397,
p.
2
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,
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
GRASSLEY
Speaker
of
the
House
______________________________
AMY
SINCLAIR
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
397,
Ninetieth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
