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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