reglab/statecodes huggingface dataset:
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.13 - Notarial act under federal authority.

9B.13 Notarial act under federal authority.
1. A notarial act performed under federal law has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed under federal law is performed by any of the following:
a. A judge, clerk, or deputy clerk of a court.
b. An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law.
c. An individual designated a notarial officer by the United States department of state for performing notarial acts overseas.
d. Any other individual authorized by federal law to perform the notarial act.
2. The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
3. The signature and title of a notarial officer described in subsection 1, paragraph “a”, “b”, or “c”, conclusively establish the authority of the notarial officer to perform the notarial act.
2012 Acts, ch 1050, §12, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.14 - Foreign notarial act.

9B.14 Foreign notarial act.
1. As used in this section, “foreign state” means a government other than the United States, a state, or a federally recognized Indian tribe.
2. If a notarial act is performed under authority and in the jurisdiction of a foreign state or constituent unit of the foreign state or is performed under the authority of a multinational or international governmental organization, the act has the same effect under the law of this state as if performed by a notarial officer of this state.
3. If the title of office and indication of authority to perform notarial acts in a foreign state appears in a digest of foreign law or in a list customarily used as a source for that information, the authority of an officer with that title to perform notarial acts is conclusively established.
4. The signature and official stamp of an individual holding an office described in subsection 3 are prima facie evidence that the signature is genuine and the individual holds the designated title.
5. An apostille in the form prescribed by the Hague convention of October 5, 1961, and issued by a foreign state party to the convention conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
6. A consular authentication issued by an individual designated by the United States department of state as a notarial officer for performing notarial acts overseas and attached to the record with respect to which the notarial act is performed conclusively establishes that the signature of the notarial officer is genuine and that the notarial officer holds the indicated office.
2012 Acts, ch 1050, §13, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.14B - Remote facilitator.

9B.14B Remote facilitator.
To be eligible to directly facilitate a notarial act using communication technology for a remotely located individual as provided in section 9B.14A, a remote facilitator must designate and continuously maintain in this state one of the following:
1. Its usual place of business in this state.
2. A registered office, which need not be a place of its activity in this state, or a registered agent for service of process, as required by the secretary of state. In addition, the remote facilitator shall file a foreign entity authority statement with the secretary of state. The statement shall describe the current street and mailing address of the registered office or the name and current street and mailing address of the remote facilitator’s registered agent.
2019 Acts, ch 44, §7, 11
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.14C - Use of information.

9B.14C Use of information.
1. a. As used in this section, unless the context otherwise requires, “personally identifiable information” means information about or pertaining to an individual in a record which identifies the individual, and includes information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information.
b. “Personally identifiable information” includes but is not limited to a person’s photograph, social security number, driver’s license number, name, address, and telephone number.
2. A notary public or a remote facilitator shall not sell, offer for sale, use, or transfer to another person personally identifiable information collected in the course of performing a notarial act for any purpose other than as follows:
a. As required to perform the notarial act.
b. As necessary to effect, administer, enforce, service, or process the transaction for which the personally identifiable information was provided.
3. Subsection 2 does not apply to the transfer of personally identifiable information to another person in any of the following circumstances:
a. Upon written consent of the person for the use or release of that person’s personally identifiable information.
b. In response to a court order, subpoena, or other legal process compelling disclosure.
c. As part of a change in the form of a business entity’s organization or a change in the control of a business entity, including as a result of an acquisition, merger, or consolidation. However, any reorganized or successor business entity shall comply with the same requirements as provided in subsection 2.
4. A person who violates this section is guilty of a simple misdemeanor.
2019 Acts, ch 44, §8, 11
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.15 - Certificate of notarial act.

9B.15 Certificate of notarial act.
1. A notarial act must be evidenced by a certificate. The certificate must meet all of the following requirements:
a. Be executed contemporaneously with the performance of the notarial act.
b. Be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the secretary of state.
c. Identify the jurisdiction in which the notarial act is performed.
d. Contain the title of office of the notarial officer.
e. If the notarial officer is a notary public, indicate the date of expiration, if any, of the notarial officer’s commission.
2. If a notarial act regarding a tangible record is performed by a notary public, an official stamp must be affixed to or embossed on the certificate. If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public and the certificate contains the information specified in subsection 1, paragraphs “b”, “c”, and “d”, an official stamp may be affixed to or embossed on the certificate. If a notarial act regarding an electronic record is performed by a notarial officer and the certificate contains the information specified in subsection 1, paragraphs “b”, “c”, and “d”, an official stamp may be attached to or logically associated with the certificate.
3. A certificate of a notarial act is sufficient if it meets the requirements of subsections 1 and 2 and any of the following apply:
a. It is in a short form set forth in section 9B.16.
b. It is in a form otherwise permitted by the law of this state.
c. It is in a form permitted by the law applicable in the jurisdiction in which the notarial act is performed.
d. It sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the notarial act as provided in sections 9B.5, 9B.6, and 9B.7, or a law of this state other than this chapter.
4. By executing a certificate of a notarial act, a notarial officer certifies that the notarial officer has complied with the requirements and made the determinations specified in sections 9B.4, 9B.5, and 9B.6.
5. A notarial officer shall not affix the notarial officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed.
6. If a notarial act is performed regarding a tangible record, a certificate must be part of, or securely attached to, the record. If a notarial act is performed regarding an electronic record, the certificate must be affixed to, or logically associated with, the electronic record. If the secretary of state has established standards pursuant to section 9B.27 for attaching, affixing, or logically associating the certificate, the process must conform to the standards.
2012 Acts, ch 1050, §14, 60; 2013 Acts, ch 140, §95
Referred to in §9B.14A, 9B.16, 9B.17, 9B.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.16 - Short form certificates.

9B.16 Short form certificates.
The following short form certificates of notarial acts are sufficient for the purposes indicated, if completed with the information required by section 9B.15, subsections 1 and 2:
1. For an acknowledgment in an individual capacity:
State of................................
[County] of................................
This record was acknowledged before me on........................(Date) by........................................................Name(s) of individual(s)
....................
Signature of notarial officer
Stamp
[........................................................]
Title of office
[My commission expires:........................]
2. For an acknowledgment in a representative capacity:
State of................................
[County] of................................
This record was acknowledged before me on........................(Date) by........................................................Name(s) of individual(s)
as (type of authority, such as officer or trustee) of (name of party on behalf of whom record was executed).
....................
Signature of notarial officer
Stamp
[........................................................]
Title of office
[My commission expires:........................]
3. For a verification on oath or affirmation:
State of................................
[County] of................................
Signed and sworn to (or affirmed) before me on....................(Date) by........................................................Name(s) of individual(s)
making statement
....................
Signature of notarial officer
Stamp
[........................................................]
Title of office
[My commission expires:........................]
4. For witnessing or attesting a signature:
State of................................
[County] of................................
Signed (or attested) before me on........................(Date)
by........................................................Name(s) of individual(s)
....................
Signature of notarial officer
Stamp
[........................................................]
Title of office
[My commission expires:........................]
5. For certifying a copy of a record:
State of................................
[County] of................................
I certify that this is a true and correct copy of a record in the possession of................................
Dated........................
....................
Signature of notarial officer
Stamp
[........................................................]
Title of office
[My commission expires:........................]
2012 Acts, ch 1050, §15, 60
Referred to in §9B.14A, 9B.15
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.17 - Official stamp.

9B.17 Official stamp.
1. The official stamp of a notary public must comply with all of the following:
a. Include the notary public’s name, the words “Notarial Seal” and “Iowa”, the words “Commission Number” followed by a number assigned to the notary public by the secretary of state, the words “My Commission Expires” followed either by the date that the notary public’s term would ordinarily expire as provided in section 9B.21 or a blank line on which the notary public shall indicate the date of expiration, if any, of the notary public’s commission, as required by and in satisfaction of section 9B.15, subsection 1, paragraph “e”, and other information required by the secretary of state.
b. Be capable of being copied together with the record to which it is affixed or attached or with which it is logically associated. If the official stamp contains a blank line, the person must print the date that the notary public’s term would ordinarily expire on the blank line imprinted on each record subject to a notarial act.
2. a. This section does not apply to a judicial officer as defined in section 602.1101 performing a notarial act in accordance with state or federal authority. This section does not apply to a chief officer or a chief officer’s designee certifying a peace officer’s verification of a uniform citation and complaint pursuant to section 805.6, subsection 3. This section does not apply to a peace officer administering an oath or acknowledging a signature pursuant to section 80.9A, subsection 3, or to a certified law enforcement officer administering an oath or acknowledging a signature pursuant to section 817.3.
b. A judicial officer, chief officer, chief officer’s designee, peace officer, or certified law enforcement officer performing an act described in paragraph “a” is not required to acquire or use an official stamp in performing that act.
2012 Acts, ch 1050, §16, 60; 2013 Acts, ch 140, §96; 2016 Acts, ch 1054, §1
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.18 - Stamping device.

9B.18 Stamping device.
1. A notary public is responsible for the security of the notary public’s stamping device and shall not allow another individual to use the device to perform a notarial act.
2. If a notary public’s stamping device is lost or stolen, the notary public or the notary public’s personal representative or guardian shall notify promptly the commissioning officer or agency on discovering that the device is lost or stolen.
2012 Acts, ch 1050, §17, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.20 - Notification regarding performance of notarial act on electronic record — selection of technology.

9B.20 Notification regarding performance of notarial act on electronic record — selection of technology.
1. A notary public may select one or more tamper-evident technologies to perform notarial acts with respect to electronic records. A person shall not require a notary public to perform a notarial act with respect to an electronic record with a technology that the notary public has not selected.
2. Before a notary public performs the notary public’s initial notarial act with respect to an electronic record, a notary public shall notify the secretary of state that the notary public will be performing notarial acts with respect to electronic records and identify the technology the notary public intends to use. If the secretary of state has established standards for approval of technology pursuant to section 9B.27, the technology must conform to the standards. If the technology conforms to the standards, the secretary of state shall approve the use of the technology.
3. The office of the recorder of a county in which real estate is located may accept for recording a tangible copy of an electronic record of an instrument affecting real property, if the electronic record is evidenced by a certificate of a notarial act pursuant to section 9B.15.
2012 Acts, ch 1050, §18, 60; 2019 Acts, ch 44, §9, 11
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.21 - Commission as notary public — qualifications — no immunity or benefit.

9B.21 Commission as notary public — qualifications — no immunity or benefit.
1. An individual qualified under subsection 2 may apply to the secretary of state for a commission as a notary public. The applicant shall comply with and provide the information required by rules established by the secretary of state and pay an application fee of thirty dollars to the secretary of state. A person appointed as a notary public under subsection 4 is not subject to the fee imposed by this subsection.
2. An applicant for a commission as a notary public shall meet all of the following qualifications:
a. Be at least eighteen years of age.
b. Be a citizen or permanent legal resident of the United States.
c. Be a resident of or have a place of employment or practice in this state.
d. Be able to read and write English.
e. Not be disqualified to receive a commission under section 9B.23.
3. Before issuance of a commission as a notary public, an applicant for the commission shall execute an oath of office and submit it to the secretary of state.
4. a. The secretary of state shall appoint members of the general assembly as notaries public, upon request, and may revoke an appointment for cause.
b. The secretary of state may appoint one or more employees of a state agency as a notary public to perform notarial acts associated with their positions, pursuant to conditions established by the secretary of state. As used in this paragraph, “state agency” means any executive, judicial, or legislative department, commission, board, institution, division, bureau, office, agency, or other entity of state government.
5. The secretary of state may appoint as a notary public a resident of a state bordering Iowa if that person’s place of work or business is within the state of Iowa. If a notary public who is a resident of a state bordering Iowa ceases to work or maintain a place of business in Iowa, the notary commission expires.
6. On compliance with this section, the secretary of state shall issue a commission as a notary public to an applicant for a term of three years. The term of a notarial officer who is a resident of a state bordering Iowa and whose place of work or business is in Iowa is one year. The term of a notary public who is a member of the general assembly is the member’s term of office. The term of a notary public who is an employee of a state agency designated to receive an appointment as provided in subsection 4 shall terminate at the end of employment.
7. A commission to act as a notary public authorizes the notary public to perform notarial acts. The commission does not provide the notary public any immunity or benefit conferred by law of this state on public officials or employees.
2012 Acts, ch 1050, §19, 60
Referred to in §9B.14A, 9B.17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.21A - Notice of expiration of term.

9B.21A Notice of expiration of term.
The secretary of state, two months preceding the expiration of a commission, shall notify the notary public of the expiration date and furnish a blank application for reappointment.
2012 Acts, ch 1050, §20, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.21B - Fees — certification.

9B.21B Fees — certification.
The secretary of state shall collect the following fees, for use in offsetting the cost of administering this chapter:
1. For furnishing a certified copy of any document, instrument, or paper relating to a notary public, one dollar per page and five dollars for the certificate.
2. For furnishing an uncertified copy of any document, instrument, or paper relating to a notary public, one dollar per page.
3. For certifying, under seal of the secretary of state, a statement as to the status of a notary commission which would not appear from a certified copy of documents on file in the secretary of state’s office, five dollars.
2012 Acts, ch 1050, §21, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.23 - Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.

9B.23 Grounds to deny, refuse to renew, revoke, suspend, or condition commission of notary public.
1. The secretary of state may deny, refuse to renew, revoke, suspend, or impose a condition on a commission as notary public for any act or omission that demonstrates the individual lacks the honesty, integrity, competence, or reliability to act as a notary public, including any of the following acts or omissions:
a. A failure to comply with this chapter.
b. A fraudulent, dishonest, or deceitful misstatement or omission in the application for a commission as a notary public submitted to the secretary of state.
c. A conviction of the applicant or notary public of any felony or a crime involving fraud, dishonesty, or deceit.
d. A finding against, or admission of liability by, the applicant or notary public in any legal proceeding or disciplinary action based on the applicant’s or notary public’s fraud, dishonesty, or deceit.
e. A failure by the notary public to discharge any duty required of a notary public, whether by this chapter, rules adopted by the secretary of state, or any federal or state law.
f. The use of false or misleading advertising or representation by the notary public representing that the notary public has a duty, right, or privilege that the notary public does not have.
g. A violation by the notary public of a rule adopted by the secretary of state regarding a notary public.
h. A denial, refusal to renew, revocation, suspension, or conditioning of a notary public commission in another state.
2. If the secretary of state denies, refuses to renew, revokes, suspends, or imposes conditions on a commission as a notary public, the applicant or notary public is entitled to timely notice and hearing in accordance with rules adopted by the secretary of state.
3. The authority of the secretary of state to deny, refuse to renew, suspend, revoke, or impose conditions on a commission as a notary public does not prevent either the secretary of state or a person aggrieved by a notary public from seeking and obtaining other criminal or civil remedies provided by law.
2012 Acts, ch 1050, §22, 60
Referred to in §9B.21
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.24 - Database of notaries public.

9B.24 Database of notaries public.
The secretary of state shall maintain an electronic database of notaries public which complies with all of the following:
1. Through which a person may verify the authority of a notary public to perform notarial acts.
2. Which indicates whether a notary public has notified the secretary of state that the notary public will be performing notarial acts on electronic records.
2012 Acts, ch 1050, §23, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.25 - Prohibited acts.

9B.25 Prohibited acts.
1. A commission as a notary public does not authorize an individual to do any of the following:
a. Assist persons in drafting legal records, give legal advice, or otherwise practice law.
b. Act as an immigration consultant or an expert on immigration matters.
c. Represent a person in a judicial or administrative proceeding relating to immigration to the United States, United States citizenship, or related matters.
d. Receive compensation for performing any of the activities listed in this subsection.
2. A notary public shall not engage in false or deceptive advertising.
3. A notary public, other than an attorney licensed to practice law in this state, shall not use the term “notario” or “notario publico”.
4. a. A notary public, other than an attorney licensed to practice law in this state, shall not advertise or represent that the notary public may assist persons in drafting legal records, give legal advice, or otherwise practice law. If a notary public who is not an attorney licensed to practice law in this state in any manner advertises or represents that the notary public offers notarial services, whether orally or in a record, including broadcast media, print media, or the internet, the notary public shall include the following statement, or an alternate statement authorized or required by the secretary of state in the advertisement or representation, prominently and in each language used in the advertisement or representation:
I am not an attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, or charge a fee for those activities.
b. If the form of advertisement or representation is not broadcast media, print media, or the internet and does not permit inclusion of the statement required by this subsection because of size, it must be displayed prominently or provided at the place of performance of the notarial act before the notarial act is performed.
5. Except as otherwise allowed by law, a notary public shall not withhold access to or possession of an original record provided by a person that seeks performance of a notarial act by the notary public.
2012 Acts, ch 1050, §24, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.26 - Validity of notarial acts.

9B.26 Validity of notarial acts.
1. Except as otherwise provided in section 9B.4, subsection 2, the failure of a notarial officer to perform a duty or meet a requirement specified in this chapter does not invalidate a notarial act performed by the notarial officer. The validity of a notarial act under this chapter does not prevent an aggrieved person from seeking to invalidate the record or transaction that is the subject of the notarial act or from seeking other remedies based on law of this state other than this chapter or law of the United States. This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
2. The validity of a notarial act shall not be affected or impaired by the fact that the notarial officer performing the notarial act is an officer, director, or shareholder of a corporation that may have a beneficial interest or other interest in the subject matter of the notarial act.
2012 Acts, ch 1050, §25, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.27 - Rules.

9B.27 Rules.
The secretary of state may adopt rules to administer this chapter. Any rules adopted with respect to the performance of notarial acts on electronic records shall not require or favor one technology or technical specification over another.
2012 Acts, ch 1050, §26, 60
Referred to in §9B.14A, 9B.15, 9B.20
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.28 - Notary public commission in effect.

9B.28 Notary public commission in effect.
A commission as a notary public in effect on January 1, 2013, continues until its date of expiration. A notary public who applies to renew a commission as a notary public on or after January 1, 2013, is subject to and shall comply with this chapter. A notary public, in performing notarial acts on or after January 1, 2013, shall comply with this chapter.
2012 Acts, ch 1050, §27, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.30 - Uniformity of application and construction.

9B.30 Uniformity of application and construction.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the revised uniform law on notarial acts.
2012 Acts, ch 1050, §28, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9B - NOTARIAL ACTS › Section 9B.31 - Relation to Electronic Signatures in Global and National Commerce Act.

9B.31 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).
2012 Acts, ch 1050, §29, 60
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9C - TRANSIENT MERCHANTS › Section 9C.1 - Definitions — presumption — applicability.

9C.1 Definitions — presumption — applicability.
1. As used in this chapter, the term “transient merchant” shall mean and include every merchant, whether an individual person, a firm, corporation, partnership, or association, and whether owner, agent, bailee, consignee, or employee, who shall bring or cause to be brought within the state of Iowa any tangible personal property of any kind, nature, or description, with the intention of temporarily or intermittently selling or offering to sell at retail such tangible personal property within the state of Iowa. The term “transient merchant” shall also mean and include every merchant, whether an individual person, a firm, corporation, partnership, or an association, who shall by itself, or by agent, consignee, or employee, temporarily or intermittently engage in or conduct at one or more locations a business within the state of Iowa for the sale at retail of any tangible personal property of any nature or description.
2. A merchant engaging in business shall be presumed to be temporarily or intermittently in business unless it is the intention of such merchant to remain continuously in business at each location where the merchant is engaged in business within the state of Iowa as a merchant for a period of more than sixty days.
3. The provisions of this chapter shall not be construed to apply to persons selling at wholesale to merchants, nor to transient vendors of drugs, nor to persons running a huckster wagon, or selling or distributing livestock feeds, fresh meats, fish, fruit, or vegetables, nor to persons selling their own work or production either by themselves or employees.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §81A.1]
C93, §9C.1
2017 Acts, ch 29, §5; 2019 Acts, ch 24, §2; 2021 Acts, ch 86, §39
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9C - TRANSIENT MERCHANTS › Section 9C.2 - License required.

9C.2 License required.
It shall be unlawful for any transient merchant to sell, dispose of, or offer for sale any tangible personal property of any kind, nature or description, at any time or place within the state of Iowa, outside the limits of any city in the state of Iowa, or within the limits of any city in the state of Iowa that has not by ordinance provided for the licensing of transient merchants, unless such transient merchant has a valid license as provided in this chapter and has complied with the regulations set forth in this chapter.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §81A.2]
C93, §9C.2
2017 Acts, ch 29, §6; 2021 Acts, ch 86, §40
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9C - TRANSIENT MERCHANTS › Section 9C.3 - Application for license.

9C.3 Application for license.
Any transient merchant desiring a transient merchant’s license shall at least ten days prior to the first day any sale is made, file with the secretary of state of the state of Iowa an application in writing duly verified by the person, firm, corporation, partnership, or association proposing to sell or offer to sell at retail any tangible personal property, or to engage in or conduct a temporary or intermittent business for the sale at retail of any tangible personal property. The application shall state the following facts:
1. The name, residence, and post office address of the person, firm, corporation, partnership, or association making the application, and if a corporation, the names and addresses of the officers thereof, and if a firm, partnership, or association and not a corporation, the names and addresses of all members thereof.
2. If the application be made by an agent, bailee, consignee, or employee, the application shall so state and set out the name and address of such agent, bailee, consignee, or employee and shall also set out the name and address of the owner of the tangible personal property to be sold or offered for sale.
3. The application shall state whether or not the applicant has an Iowa retailers sales or use tax permit and if the applicant has such permit, shall state the number of such permit.
4. If the applicant be a corporation, the application shall state whether or not the applicant is an Iowa corporation or a foreign corporation, and if a foreign corporation, shall state whether or not such corporation is authorized to do business in Iowa.
5. The value of the tangible personal property to be sold or offered for sale or the average inventory to be carried by any such transient merchant engaging in or conducting an intermittent or temporary business as the case may be.
6. The date or dates upon which said tangible personal property shall be sold or offered for sale, or the date or dates upon which it is the intention of the applicant to engage in or conduct a temporary or intermittent business.
7. The location and address where such tangible personal property shall be sold or offered for sale, or such business engaged in or conducted.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §81A.3]
C93, §9C.3
2017 Acts, ch 29, §7; 2019 Acts, ch 24, §3, 4; 2021 Acts, ch 86, §41, 42; 2022 Acts, ch 1138, §1
Subsection 3 amended
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9C - TRANSIENT MERCHANTS › Section 9C.5 - Issuance of license.

9C.5 Issuance of license.
Upon receiving an application for a transient merchant’s license, the secretary of state shall investigate or cause to be investigated, the reputation and character of the applicant. If, upon making such investigation, the secretary of state is satisfied that the statements and representations contained in the application are true, and that the applicant is of good reputation and character, and the holder of an Iowa sales or use tax permit, and if a foreign corporation, has authority to do business in the state of Iowa, the secretary shall issue to the applicant a license as a transient merchant upon payment of the fee as herein prescribed for the period of time requested in said application and for use at the location and place where it is stated in said application the sale will be held or the business conducted, both of which shall be set out in said license. Such license shall be valid only for the period of time and at the location and place described therein.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §81A.5]
C93, §9C.5
2022 Acts, ch 1138, §2
Section amended
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9C - TRANSIENT MERCHANTS › Section 9C.7 - Misrepresentation.

9C.7 Misrepresentation.
It shall be unlawful for any transient merchant making sales or engaging in or conducting a business under a transient merchant’s license to make any false or misleading statements or representation regarding any article sold or offered for sale by such transient merchant as to condition, quality, original cost, or cost to such transient merchant of any article sold or offered for sale or to sell or offer for sale tangible personal property of a value in excess of the value thereof as shown by said application, or to sell or offer for sale at retail any tangible personal property, or to engage in or conduct an intermittent or temporary business on any days or at any place other than those shown by such license.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §81A.7]
C93, §9C.7
2021 Acts, ch 86, §45
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9C - TRANSIENT MERCHANTS › Section 9C.8 - Revocation.

9C.8 Revocation.
1. The secretary of state may revoke any license issued under the provisions of this chapter after proper hearing before the secretary, by the sending of due notice of said hearing by registered letter to the transient merchant at the merchant’s last known address, return receipt requested, not less than twenty days before the date of said hearing, for any of the following causes:
a. For any violations of the provisions of this chapter.
b. For failure to pay the sales tax as provided by law or misrepresentation of the source, condition, quality, weight, or measure of the product sold by the transient merchant.
c. If any judgment recovered against any transient merchant with reference to the operation of that business remains unpaid for a period of six months provided such judgment be not stayed under a supersedeas bond upon appeal from such judgment.
2. The secretary of state shall give immediate notice of the revocation of any license issued under the provisions of this chapter to the surety or sureties furnishing the bond provided for herein.
3. In the event of such revocation, no other transient merchant license shall be issued to such applicant for a period of two years thereafter.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §81A.8]
C93, §9C.8
2008 Acts, ch 1032, §201
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9C - TRANSIENT MERCHANTS › Section 9C.9 - Penalty.

9C.9 Penalty.
Any merchant, whether an individual person, a firm, corporation, partnership or association violating any of the provisions of this chapter shall be guilty of a simple misdemeanor. Each sale made in violation of the provisions hereof shall be and constitute a separate offense.
[C58, 62, 66, 71, 73, 75, 77, 79, 81, §81A.9]
C93, §9C.9
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9C - TRANSIENT MERCHANTS › Section 9C.10 - Enforcement.

9C.10 Enforcement.
The attorney general, or designees of the attorney general, may seek an injunction from a court of competent jurisdiction in order to prohibit sales by a transient merchant who is in violation of this chapter.
87 Acts, ch 60, §2
CS87, §81A.10
C93, §9C.10
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9E - ADDRESS CONFIDENTIALITY PROGRAM › Section 9E.1 - Purpose.

9E.1 Purpose.
The general assembly finds that individuals attempting to escape from actual or threatened domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking frequently establish new addresses in order to prevent their assailants or probable assailants from finding them. The purpose of this chapter is to enable state and local agencies to respond to requests for data without disclosing the location of a victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking; to enable interagency cooperation with the secretary of state in providing address confidentiality for victims of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking; and to enable program participants to use an address designated by the secretary of state as a substitute mailing address for the purposes specified in this chapter. In addition, the purpose of this chapter is to prevent such victims from being physically located through a public records search.
2015 Acts, ch 96, §2, 17; 2021 Acts, ch 183, §1
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9E - ADDRESS CONFIDENTIALITY PROGRAM › Section 9E.2 - Definitions.

9E.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under this chapter.
2. “Applicant” means an adult, a parent or guardian acting on behalf of an eligible minor, or a guardian acting on behalf of an incapacitated person as defined in section 633.701.
3. “Designated address” means the mailing address assigned to a program participant by the secretary.
4. “Domestic abuse” means the same as defined in section 236.2.
5. “Domestic abuse assault” means the same as defined in section 708.2A.
6. a. “Eligible person” means a person who is a resident of this state, an adult, a minor, or an incapacitated person as defined in section 633.701, and is one of the following:
(1) A victim of domestic abuse, domestic abuse assault, sexual abuse, assault, stalking, or human trafficking as evidenced by the filing of a petition pursuant to section 236.3 or a criminal complaint or information pursuant to section 708.1, 708.2A, 708.11, or 710A.2, or any violation contained in chapter 709.
(2) A currently active or retired state or local judicial officer, as defined in section 4.1, a federal judge, or a spouse or child of such a person.
(3) A currently active or retired state or local prosecuting attorney, as defined in section 801.4, or a spouse or child of such a person.
(4) A currently active or retired peace officer, as defined in section 801.4, civilian employee of a law enforcement agency, or a spouse or child of such a person.
b. For purposes of this subsection, a person determined to be a sexually violent predator pursuant to section 229A.7, a person required to register as a sex offender under chapter 692A, or a person determined to be a sexually violent predator or required to register as a sex offender pursuant to similar laws of another state is not an eligible person.
7. “Human trafficking” means a crime described in section 710A.2.
8. “Mail” means first-class letters and flats delivered via the United States postal service, including priority, express, and certified mail, and excluding packages, parcels, periodicals, and catalogues, unless they are clearly identifiable as pharmaceuticals or clearly indicate that they are sent by a state or county government agency.
9. “Program” means the address confidentiality program established in this chapter.
10. “Program participant” means an individual certified by the secretary as a program participant under section 9E.3.
11. “Secretary” means the secretary of state.
12. “Sexual abuse” means a violation of any provision of chapter 709.
13. “Stalking” means the same as defined in section 708.11.
2015 Acts, ch 96, §3, 17; 2018 Acts, ch 1149, §1, 12; 2021 Acts, ch 183, §2
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9E - ADDRESS CONFIDENTIALITY PROGRAM › Section 9E.4 - Certification cancellation.

9E.4 Certification cancellation.
1. The secretary may cancel a program participant’s certification under any of the following circumstances:
a. The program participant’s legal name or contact information changes, unless the program participant provides the secretary with prior written notice of the name change or contact information.
b. Mail forwarded by the secretary to the program participant’s address is returned as undeliverable by the United States postal service.
c. The program participant is no longer eligible for the program.
d. The program participant does not accept service of process or is unavailable for delivery of service of process as described in section 9E.5, subsection 4.
2. The secretary shall cancel a program participant’s certification if the program participant’s application contains false information.
2015 Acts, ch 96, §5, 17
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9E - ADDRESS CONFIDENTIALITY PROGRAM › Section 9E.5 - Use of designated address.

9E.5 Use of designated address.
1. When a program participant presents the program participant’s designated address to any person, that designated address shall be accepted as the address of the program participant. The person shall not require the program participant to submit any other address that could be used to physically locate the program participant either as a substitute address or in addition to the designated address, or as a condition of receiving a service or benefit, unless the service or benefit would be impossible to provide without knowledge of the program participant’s physical location.
2. A program participant may use the designated address as the program participant’s work address.
3. The secretary shall forward all mail sent to the designated address to the program participant.
4. The office of the secretary of state shall act as agent of the program participant for purposes of service of process. The secretary shall forward any service of process received by the office of the secretary of state by certified mail, return receipt requested to the designated address of the program participant within three days of receipt in the office of the secretary of state. A program participant shall either accept or reject service of process and the secretary shall notify the person initiating the service of process, unless such person is not ascertainable from the service of process documents, of the date of the program participant’s acceptance or rejection of the service of process. The date of service of the service of process is the date of the participant’s acceptance or rejection.
5. If a program participant has notified a person in writing, on a form prescribed by the secretary, that the individual is a program participant and of the requirements of this section, the person shall not knowingly disclose the program participant’s address, unless any of the following:
a. The person to whom the address is disclosed also lives, works, or goes to school at the address disclosed.
b. The program participant has provided written consent to disclosure of the program participant’s name and address for the purpose for which the disclosure will be made.
6. This section does not apply to documents or records relating to real property. The secretary shall offer a program participant information relating to the purchase of real property utilizing limited liability companies, trusts, or other legal entities in order to protect the participant’s identity for purposes of this program when purchasing real property.
2015 Acts, ch 96, §6, 17
Referred to in §9E.4, 9E.8
2023 Iowa Code › Title I - STATE SOVEREIGNTY AND MANAGEMENT › Chapter 9E - ADDRESS CONFIDENTIALITY PROGRAM › Section 9E.7 - Confidentiality of information.

9E.7 Confidentiality of information.
1. a. Except as otherwise provided in subsection 2 and in section 9E.8, information collected, created, or maintained by the secretary related to applicants, eligible persons, and program participants is confidential unless otherwise ordered by a court or released by the lawful custodian of the records pursuant to state or federal law.
b. A program participant’s name and address maintained by a local governmental body that is part of an ongoing investigation or inspection of an alleged health code, building code, fire code, or city ordinance violation allegedly committed by the program participant is confidential information.
2. Upon request from the department of public safety, the secretary may share confidential information with the department of public safety. Such confidential information received by the department of public safety may be released to a law enforcement agency upon verification that the release will aid the law enforcement agency in responding to an emergency situation, a criminal complaint, or an ongoing investigation.
3. This section shall not be construed to prohibit the dissemination of information relating to the program to any agency or organization if necessary for carrying out the official duties of the agency or organization, or to a person if disseminated for an official purpose, or to any other person if necessary to protect a person or property from a threat of imminent serious harm.
4. If a program participant has notified the program participant’s landlord in writing that the individual is a program participant pursuant to this chapter, a local ordinance or the landlord shall not allow the display of the program participant’s name at an address otherwise protected under this chapter.
5. Upon request by a program participant, the assessor or the assessor’s staff shall redact the requestor’s name contained in electronic documents that are displayed for public access through an internet site. The assessor shall implement and maintain a process to facilitate these requests. A fee shall not be charged for the administration of this subsection.
6. This section shall not be construed to prohibit the enforcement of a lease agreement between a program participant and a program participant’s landlord.
2015 Acts, ch 96, §8, 17; 2016 Acts, ch 1016, §1; 2021 Acts, ch 183, §5; 2022 Acts, ch 1032, §110, 111
Section not amended; section history revised