House File 2254 - Introduced HOUSE FILE 2254 BY ANDERSON A BILL FOR An Act relating to nonlawyers providing assistance to landlords 1 or tenants with the electronic filing of small claims forms. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5901HH (2) 86 jh/sc

H.F. 2254 Section 1. NEW SECTION . 562A.35A Electronic filing of small 1 claims forms —— nonlawyer assistance. 2 1. A person who is not an attorney licensed to practice 3 in this state may assist a landlord or a tenant who seeks to 4 enforce a remedy provided by this chapter as a small claim 5 under chapter 631 by doing any of the following: 6 a. Typing information provided by the landlord or tenant 7 into an electronic file, including a fillable portable document 8 format file, on a form prescribed by the supreme court under 9 section 631.15. 10 b. Electronically filing a form prescribed by the supreme 11 court under section 631.15 with the judicial branch. 12 2. A person who is not an attorney licensed to practice in 13 this state shall not advise a landlord or tenant as to any of 14 the following: 15 a. Which form should be filed. 16 b. The information to be included on the form. 17 c. The legal effect of a form. 18 d. The time period in which the landlord or tenant has to 19 file a form. 20 3. A person’s actions that comply with this section shall 21 not be deemed to be the unauthorized practice of law. 22 Sec. 2. NEW SECTION . 562B.33 Electronic filing of small 23 claims forms —— nonlawyer assistance. 24 1. A person who is not an attorney licensed to practice 25 in this state may assist a landlord or a tenant who seeks to 26 enforce a remedy provided by this chapter as a small claim 27 under chapter 631 by doing any of the following: 28 a. Typing information provided by the landlord or tenant 29 into an electronic file, including a fillable portable document 30 format file, on a form prescribed by the supreme court under 31 section 631.15. 32 b. Electronically filing a form prescribed by the supreme 33 court under section 631.15 with the judicial branch. 34 2. A person who is not an attorney licensed to practice in 35 -1- LSB 5901HH (2) 86 jh/sc 1/ 3

H.F. 2254 this state shall not advise a landlord or tenant as to any of 1 the following: 2 a. Which form should be filed. 3 b. The information to be included on the form. 4 c. The legal effect of a form. 5 d. The time period in which the landlord or tenant has to 6 file a form. 7 3. A person’s actions that comply with this section shall 8 not be deemed to be the unauthorized practice of law. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to nonlawyers providing assistance to 13 landlords or tenants with the electronic filing of small claims 14 forms. 15 Under current law, an action may be brought as a small 16 claim if the plaintiff seeks $5,000 or less. Pursuant to Code 17 section 631.15, the Iowa supreme court prescribes standard 18 forms for use in small claims actions. Current law requires 19 that the forms promulgated by the Iowa supreme court be used in 20 small claims actions. The small claims forms are to be filled 21 in electronically and must be filed electronically through the 22 judicial branch’s electronic data management system unless a 23 person obtains from the court an exemption from the electronic 24 filing requirements. 25 The bill provides that a person who is not a licensed 26 attorney in the state of Iowa may assist a landlord or tenant 27 who seeks to enforce a remedy under the uniform residential 28 landlord and tenant Act (Code chapter 562A) or the manufactured 29 home communities or mobile home parks residential landlord and 30 tenant Act (Code chapter 562B) with an electronic form. A 31 nonlawyer may type in information a landlord or tenant provides 32 into an electronic form and may electronically file the form 33 with the judicial branch. 34 The bill provides that a person who is not a licensed 35 -2- LSB 5901HH (2) 86 jh/sc 2/ 3

H.F. 2254 attorney in the state of Iowa cannot advise a landlord or 1 tenant as to which form should be filed, the information to be 2 included on the form, the legal effect of a form, or the time 3 period in which the landlord or tenant has to file a form. 4 The bill provides that a person’s actions that comply with 5 the provisions of the bill shall not be deemed to be the 6 unauthorized practice of law. 7 -3- LSB 5901HH (2) 86 jh/sc 3/ 3