Iowa 2023-2024 Regular Session Status: Enacted

HF 397 — A bill for an act relating to remote presence for purposes of notarial acts and executing wills and codicils, and including retroactive applicability provisions.

Last action — Signed by Governor.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 22, 2023. Enacted.

Signed by Governor Kim Reynolds (Republican) on June 01, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

51 added · 78 removed

51 line(s) added, 78 removed.

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KMRENODS O FICE OF THE GOVERNOR ADMGREG GVENOR LTOVRNR une,023 heHnoalealPte ertryofaeofoa tteaiol esMies,oa5019 earr.ertr, Ieeytasi:
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.
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• L •1 • •I B I , ,.• l Il!Ill !I I!11 !ll!71 II !ft!I I !GI1I fEI!I !I if1l lll!3"I House File 397 AN ACT RELATING TO REMOTE PRESENCE FOR PURPOSES OF NOTARIAL ACTS AND EXECUTING WILLS AND CODICILS, AND INCLUDING RETROACTIVE APPLICABILITY PROVISIONS.
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.
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 o r identity proofing, the all of the following apply:
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:
The communication technology and idcntity proofing the notary public intends to use must conform to the standards.
The communication technology and identity proofing the notary public intends to use must conform to the standards.
If the notary public elects to use identity proofing under subsection 3 , paragraph -a-, the identity proofing must conform to the standards.
If the notary public elects to use identity proofing under subsection 3, paragraph “a”, the identity proofing must conform to the standards.
2 .
2.
Section 633.279, Code 2023, i s amended by adding the following new subsections:
Section 633.279, Code 2023, is amended by adding the following new subsections:
NEW SUBSECTION.
NEW SUBSECTION .
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.
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.
NEW SUBSECTION .
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.
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.
The portion of the section of this Act enacting section 633.272, subsection 4 .
The portion of the section of this Act enacting section 633.279, subsection 4.
PAT' GRASSLEY AMY SINCWR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 397, Ninetieth General Assembly.
______________________________ ______________________________ PAT GRASSLEY AMY SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 397, Ninetieth General Assembly.
t J MEGN NELSON Chi f Clerk the House Approved , 2023 KIM R NOLD Governor
______________________________ MEGHAN NELSON Chief Clerk of the House Approved _______________, 2023 ______________________________ KIM REYNOLDS Governor
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Action History

  1. Signed by Governor.

  2. Reported correctly enrolled, signed by Speaker and President, and sent to Governor.

  3. Message from Senate.

  4. Immediate message.

  5. Passed Senate, yeas 49, nays 0.

  6. Substituted for SF 515.

  7. Placed on calendar under unfinished business.

  8. Read first time, attached to SF 515.

  9. Message from House.

  10. Explanation of vote.

  11. Immediate message.

  12. Passed House, yeas 97, nays 0.

  13. Introduced, placed on calendar.

Sponsors

  • COMMITTEE ON JUDICIARY · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 149 not signed on

Sponsors (1)

  • COMMITTEE ON JUDICIARY

Co-sponsors (0)

None.

Not signed on (149)

149 members have not signed on to this bill.

Show all 149 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HF 397?
HF 397 is sponsored by COMMITTEE ON JUDICIARY.
What is the current status of HF 397?
This bill has been enacted into law. Introduced February 22, 2023. Enacted.
Where can I track HF 397?
Track HF 397 free on One Click Politics — get push/email alerts when it moves.

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