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Status: (Introduced - Dead) 2023-04-25 - Withdrawn.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: 4 TLSB 1417SV (2) 90 cm/ns
S.F. 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, 35 -1- LSB 1417SV (2) 90 cm/ns 1/ 2
S.F. 515 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 -2- LSB 1417SV (2) 90 cm/ns 2/ 2
feedback