Text: H09014 Text: H09016 Text: H09000 - H09099 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 2205, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 4, by striking lines 23 through 25.
1 4 #2. Page 4, by inserting before line 26 the
1 5 following:
1 6 "( ) An electronic transaction initiated at a
1 7 satellite terminal, as defined in section 527.2, or
1 8 the processing and routing of transaction data by a
1 9 central routing unit or a data processing center, each
1 10 as defined in section 527.2."
1 11 #3. Page 5, line 6, by striking the figure
1 12 "554.2106" and inserting the following: "554.1206".
1 13 #4. Page 5, by striking lines 14 through 28 and
1 14 inserting the following:
1 15 "4. A choice of law provision, which is contained
1 16 in a computer information agreement that governs a
1 17 transaction subject to this chapter, that provides
1 18 that the contract is to be interpreted pursuant to the
1 19 laws of a state that has enacted the uniform computer
1 20 information transactions Act, as proposed by the
1 21 national conference of commissioners on uniform state
1 22 laws, or any substantially similar law, is voidable
1 23 and the agreement shall be interpreted pursuant to the
1 24 laws of this state if the party against whom
1 25 enforcement of the choice of law provision is sought
1 26 is a resident of this state or has its principal place
1 27 of business located in this state. For purposes of
1 28 this subsection, a "computer information agreement"
1 29 means an agreement that would be governed by the
1 30 uniform computer information transactions Act or
1 31 substantially similar law as enacted in the state
1 32 specified in the choice of laws provision if that
1 33 state's law were applied to the agreement."
1 34 #5. Page 7, by inserting after line 9 the
1 35 following:
1 36 "Sec. . NEW SECTION. 554D.108A LEGAL
1 37 RECOGNITION OF ELECTRONIC RECORDS AFFECTING INTERESTS
1 38 IN REAL PROPERTY.
1 39 An electronic record that grants a legal or
1 40 equitable interest in real property, including a deed,
1 41 mortgage, deed of trust, pledge, security interest, or
1 42 other lien or encumbrance, and any disclosure required
1 43 under chapter 558A shall comply with all of the
1 44 following:
1 45 1. Be created using a security procedure and
1 46 signed by use of a digital signature.
1 47 2. Shall not be recorded or have effect against
1 48 third parties until a duplicate paper original of the
1 49 electronic record is executed in writing by the
1 50 parties, acknowledged, and recorded. The burden of
2 1 proof that the duplicate paper original of the
2 2 electronic record is identical to the original
2 3 electronic record rests upon the party submitting the
2 4 duplicate paper original.
2 5 3. Comply with all requirements of Iowa law
2 6 regarding the recording of instruments and all other
2 7 applicable state requirements."
2 8 #6. Page 8, line 27, by striking the word
2 9 "Notwithstanding" and inserting the following: "In
2 10 addition to".
2 11 #7. Page 15, line 15, by inserting after the word
2 12 "state" the following: "other than a state executive
2 13 branch agency, department, board, commission,
2 14 authority, or institution,".
2 15 #8. Page 15, by inserting after line 20 the
2 16 following:
2 17 "1A. Except as otherwise provided in section
2 18 554D.113, subsection 6, on or before July 1, 2003, a
2 19 state executive branch agency, department, board,
2 20 commission, authority, or institution, in consultation
2 21 and cooperation with the information technology
2 22 services division of the department of general
2 23 services, shall send and accept electronic records and
2 24 electronic signatures to and from other persons and
2 25 otherwise create, generate, communicate, store,
2 26 process, use, and rely upon electronic records and
2 27 signatures. The department of management, upon the
2 28 written request of a state executive branch agency,
2 29 department, board, commission, authority, or
2 30 institution and for good cause shown, may grant a
2 31 waiver from the July 1, 2003, deadline established in
2 32 this section to the state executive branch agency,
2 33 department, board, commission, authority, or
2 34 institution."
2 35 #9. Page 15, line 23, by inserting after the
2 36 figure "1" the following: "or 1A".
2 37 #10. Page 16, by inserting after line 13 the
2 38 following:
2 39 "4. Notwithstanding this section, an institution
2 40 governed under chapter 262 shall conform with national
2 41 standards with respect to electronic records and
2 42 electronic signatures, as such standards are
2 43 developed."
2 44 #11. Page 17, by inserting after line 28 the
2 45 following:
2 46 "Sec. . NEW SECTION. 75.14 ELECTRONIC
2 47 BIDDING.
2 48 Notwithstanding contrary provisions of this
2 49 chapter, a public body authorized to issue bonds,
2 50 notes, or other obligations may elect to receive bids
3 1 to purchase such bonds, notes, or other obligations by
3 2 means of electronic, internet or wireless
3 3 communication, a proprietary bidding procedure or
3 4 system, or by facsimile transmission to a location
3 5 deemed appropriate by the governing body, in each
3 6 instance as may be approved by the governing body and
3 7 provided for in the notice of sale. An electronic bid
3 8 shall be submitted in substantial conformity with the
3 9 requirements of chapter 554D and any rules adopted
3 10 pursuant to that chapter with respect to the
3 11 acceptance of electronic records by a governmental
3 12 agency. Additionally, before approving the use of an
3 13 electronic bidding procedure, the public body shall
3 14 find and determine that the specific procedure to be
3 15 used will provide reasonable security and maintain the
3 16 integrity of the competitive bidding process, and
3 17 facilitate the delivery of bids by interested parties
3 18 under the circumstances of the particular sale.
3 19 Sec. ___. ADVISORY COMMITTEE CREATED. An advisory
3 20 committee is created to study issues associated with
3 21 the electronic filing, recording, and indexing of
3 22 instruments affecting real property pursuant to
3 23 chapter 558, and the electronic use of real property
3 24 disclosures required pursuant to chapter 558A. The
3 25 advisory committee shall consider matters relating to
3 26 the facilitation of electronic filing, recording, and
3 27 indexing of instruments affecting real property. The
3 28 advisory committee may consider matters including, but
3 29 not limited to, access to electronic transactions,
3 30 reliability and security, storage of records, training
3 31 of public officials, conversion from a paper recording
3 32 system to an electronic system, and other issues as
3 33 are necessary and appropriate with respect to
3 34 establishing a statewide uniform electronic filing
3 35 system for real property transactions. The membership
3 36 of the advisory committee shall be appointed by the
3 37 legislative council and shall include, but is not
3 38 limited to, representatives of the Iowa county
3 39 recorders association, the Iowa state bar association,
3 40 the Iowa state association of counties, Iowa title
3 41 guaranty, the Iowa land title association, the Iowa
3 42 bankers association, the Iowa independent bankers
3 43 association, the Iowa association of realtors, the
3 44 Iowa mortgage bankers association, and the office of
3 45 the attorney general. The advisory committee shall
3 46 provide an initial written report, including any
3 47 recommendations, to the general assembly by no later
3 48 than January 20, 2001. Such report shall include a
3 49 recommendation for the initiation of a pilot program
3 50 for electronic land transfers, including a date
4 1 certain by which such program may be initiated and the
4 2 cost of such pilot program. The advisory committee
4 3 shall provide a written report to the general assembly
4 4 in January of each year subsequent to the commencement
4 5 of the pilot program including the results of the
4 6 pilot program; any additional recommendations; a
4 7 schedule for the implementation of a statewide uniform
4 8 electronic land transfer system, if appropriate; and
4 9 the costs associated with such implementation
4 10 including any identifiable ongoing costs and costs for
4 11 training associated with the system."
4 12 #12. Page 17, by inserting after line 28 the
4 13 following:
4 14 "Sec. 105. Section 421.60, subsection 2, Code
4 15 1999, is amended by adding the following new
4 16 paragraph:
4 17 NEW PARAGRAPH. m. (1) The director may abate
4 18 unpaid state sales and use taxes and local sales and
4 19 services taxes owed by a retailer in the event that
4 20 the retailer failed to collect tax from the purchaser
4 21 as a result of erroneous written advice issued by the
4 22 department that was specially directed to the retailer
4 23 by the department and the retailer is unable to
4 24 collect the tax, interest, or penalties from the
4 25 purchaser. Before the tax, interest, and penalties
4 26 shall be abated on the basis of erroneous written
4 27 advice, the retailer must present a copy of the
4 28 retailer's request for written advice to the
4 29 department and a copy of the department's reply. The
4 30 department shall not maintain a position against the
4 31 retailer that is inconsistent with the erroneous
4 32 written advice, except on the basis of subsequent
4 33 written advice sent by the department to that
4 34 retailer, or a change in state or federal law, a
4 35 reported court case to the contrary, a contrary rule
4 36 adopted by the department, a change in material facts
4 37 or circumstances relating to the retailer, or the
4 38 retailer's misrepresentation or incomplete or
4 39 inadequate representation of material facts and
4 40 circumstances in requesting the written advice.
4 41 (2) The director shall abate the unpaid state
4 42 sales and use taxes and any local sales and services
4 43 taxes owed by a retailer where the retailer failed to
4 44 collect the tax from the purchaser on the charges paid
4 45 for access to on-line computer services as a result of
4 46 erroneous written advice issued by the department
4 47 regarding the taxability of charges paid for access to
4 48 on-line computer services. To qualify for the
4 49 abatement under this subparagraph, the erroneous
4 50 written advice shall have been issued by the
5 1 department prior to July 1, 1999, and shall have been
5 2 specially directed to the retailer by the department.
5 3 (3) The director shall prepare quarterly reports
5 4 summarizing each case in which abatement of tax,
5 5 interest, or penalties was made. However, the report
5 6 shall not disclose the identity of the taxpayer. An
5 7 abatement authorized by this paragraph to a retailer
5 8 shall not preclude the department from proceeding to
5 9 collect the liability from a purchaser.
5 10 Sec. 106. Section 422.45, subsection 56, Code
5 11 Supplement 1999, is amended to read as follows:
5 12 56. The gross receipts from charges paid to a
5 13 provider for access to on-line computer services. For
5 14 purposes of this subsection, "on-line computer
5 15 service" means a service that provides or enables
5 16 computer access by multiple users to the internet or
5 17 to other information made available through a computer
5 18 server.
5 19 Sec. 107. Section 422.52, subsection 6, paragraph
5 20 a, Code Supplement 1999, is amended to read as
5 21 follows:
5 22 a. If a purchaser fails to pay tax imposed by this
5 23 division to the retailer required to collect the tax,
5 24 then in addition to all of the rights, obligations,
5 25 and remedies provided, the tax is payable by the
5 26 purchaser directly to the department, and sections
5 27 422.50, 422.51, 422.52, 422.54, 422.55, 422.56,
5 28 422.57, 422.58, and 422.59 apply to the purchaser.
5 29 For failure, the retailer and purchaser are liable,
5 30 unless the circumstances described in section 421.60,
5 31 subsection 2, paragraph "m", or section 422.47,
5 32 subsection 3, paragraph "b" or "e", or subsection 4,
5 33 paragraph "b" or "d", are applicable."
5 34 #13. Page 17, by inserting after line 29 the
5 35 following:
5 36 "Sec. . REPEAL – EFFECTIVE DATE.
5 37 1. Section 554D.104, subsection 4, as enacted in
5 38 this Act, is amended by striking the subsection.
5 39 2. This section of this Act takes effect July 1,
5 40 2001.
5 41 Sec. . LEGISLATIVE INTENT. It is the intent of
5 42 the general assembly that the general assembly
5 43 consider the proposed uniform computer information
5 44 transactions Act, as adopted by the national
5 45 conference of commissioners on uniform state laws,
5 46 during the 2001 regular session."
5 47 #14. Page 17, by inserting after line 29 the
5 48 following:
5 49 "Sec. . EFFECTIVE DATE. Sections 105, 106, and
5 50 107 of this Act, being deemed of immediate importance,
6 1 take effect upon enactment."
6 2 #15. Title page, line 3, by inserting after the
6 3 word "records" the following: ", relating to sales
6 4 and use tax exemption for access to electronic
6 5 commerce,".
6 6 #16. By renumbering, relettering, or redesignating
6 7 and correcting internal references as necessary.
6 8 HF 2205S
6 9 mj/cc/26
Text: H09014 Text: H09016 Text: H09000 - H09099 Text: H Index Bills and Amendments: General Index Bill History: General Index
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