Text: HF00252 Text: HF00254 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 524.221, subsection 1, Code 1999, is 1 2 amended by adding the following new unnumbered paragraph: 1 3 NEW UNNUMBERED PARAGRAPH. A copy is deemed to be an 1 4 original and shall be treated as an original record in a 1 5 judicial or administrative proceeding for purposes of 1 6 admissibility in evidence. A facsimile, exemplification, or 1 7 certified copy of any such copy reproduced from a film record 1 8 is deemed to be a facsimile, exemplification, or certified 1 9 copy of the original. A printout or other tangible output 1 10 readable by sight shown to accurately reflect data contained 1 11 in a promissory note, negotiable instrument, or letter of 1 12 credit, which contains a signature made or created by 1 13 electronic or digital means such that it is stored by a 1 14 computer or similar device, is deemed to be an original of 1 15 such note, instrument, or letter for purposes of presenting 1 16 such note, instrument, or letter for payment, acceptance, or 1 17 honor, or for purposes of a judicial proceeding involving a 1 18 claim based upon such note, instrument, or letter. 1 19 Sec. 2. Section 533.26, Code 1999, is amended to read as 1 20 follows: 1 21 533.26 PRESERVATION OF RECORDS. 1 22 The superintendent shall prescribe by rule the period of 1 23 preservation of records or files for credit unions. A copy of 1 24 an original may be kept in lieu of any original records. For 1 25 purposes of this section, a copy includes any duplicate, 1 26 rerecording or reproduction of an original record from any 1 27 photograph, photostat, microfilm, microcard, miniature or 1 28 microphotograph, computer printout, electronically stored data 1 29 or image, or other process which accurately reproduces or 1 30 forms a durable medium for accurately and legibly reproducing 1 31 an unaltered image or reproduction of the original record. A 1 32 copy is deemed to be an original and shall be treated as an 1 33 original record in a judicial or administrative proceeding for 1 34 purposes of admissibility in evidence. A facsimile, 1 35 exemplification, or certified copy of any such copy reproduced 2 1 from a film record is deemed to be a facsimile, 2 2 exemplification, or certified copy of the original. 2 3 Sec. 3. Section 533.28, Code 1999, is amended to read as 2 4 follows: 2 5 533.28 PHOTOGRAPHIC RECORDS. 2 6 1. Any writing or record, or a photostatic or photographic 2 7 reproductionthereofof such writing or record, ofanya 2 8 credit union whether in the form of an entry in a book or 2 9 otherwise, made as a memorandum or record of any act, 2 10 transaction, occurrence, or event, shall be admissible in 2 11 evidence in proof ofsaidthe act, transaction, occurrence, or 2 12 event, if made in the regular course of business. 2 13 2. A printout or other tangible output readable by sight 2 14 shown to accurately reflect data contained in a promissory 2 15 note, negotiable instrument, or letter of credit, which 2 16 contains a signature made or created by electronic or digital 2 17 means such that it is stored by a computer or similar device, 2 18 is deemed to be an original of such note, instrument, or 2 19 letter for purposes of presenting such note, instrument, or 2 20 letter for payment, acceptance, or honor, or for purposes of a 2 21 judicial proceeding involving a claim based upon such note, 2 22 instrument, or letter. 2 23 Sec. 4. Section 534.106, subsection 7, Code 1999, is 2 24 amended by adding the following new unnumbered paragraph: 2 25 NEW UNNUMBERED PARAGRAPH. A printout or other tangible 2 26 output readable by sight shown to accurately reflect data 2 27 contained in a promissory note, negotiable instrument, or 2 28 letter of credit, which contains a signature made or created 2 29 by electronic or digital means such that it is stored by a 2 30 computer or similar device, is deemed to be an original of 2 31 such note, instrument, or letter for purposes of presenting 2 32 such note, instrument, or letter for payment, acceptance, or 2 33 honor, or for purposes of a judicial proceeding involving a 2 34 claim based upon such note, instrument, or letter. 2 35 EXPLANATION 3 1 This bill amends provisions relating to the preservation 3 2 and admissibility of records of banks, credit unions, and 3 3 savings and loan associations. The amendments result in each 3 4 type of financial institution being subject to substantially 3 5 the same provisions with respect to the admissibility and 3 6 effect of certain copies or reproductions. 3 7 The bill amends provisions in Code chapters 524 (banks) and 3 8 533 (credit unions) to provide that a copy of a record is 3 9 deemed to be an original and shall be treated as an original 3 10 record in a judicial or administrative proceeding for purposes 3 11 of admissibility in evidence. A facsimile, exemplification, 3 12 or certified copy of any such copy reproduced from a film 3 13 record is deemed to be a facsimile, exemplification, or 3 14 certified copy of the original. The bill provides that a 3 15 printout or other tangible output readable by sight which is 3 16 shown to accurately reflect data contained in a record which 3 17 is a promissory note, negotiable instrument, or letter of 3 18 credit, which contains a signature made or created by 3 19 electronic or digital means such that it is stored by a 3 20 computer or similar device, is deemed to be an original of 3 21 such record for purposes of presenting the record for payment, 3 22 acceptance, or honor, or for purposes of a judicial proceeding 3 23 involving a claim based upon such record. 3 24 The bill amends section 534.106 (savings and loan 3 25 associations) to provide that a printout or other tangible 3 26 output readable by sight which is shown to accurately reflect 3 27 data contained in a record which is a promissory note, 3 28 negotiable instrument, or letter of credit, which contains a 3 29 signature made or created by electronic or digital means such 3 30 that it is stored by a computer or similar device, is deemed 3 31 to be an original of such record for purposes of presenting 3 32 the record for payment, acceptance, or honor, or for purposes 3 33 of a judicial proceeding involving a claim based upon such 3 34 record. Language already exists concerning savings and loan 3 35 associations regarding a copy of a record being deemed to be 4 1 an original and treated as an original record in a judicial or 4 2 administrative proceeding for purposes of admissibility in 4 3 evidence. 4 4 LSB 2030HH 78 4 5 mj/sc/14
Text: HF00252 Text: HF00254 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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