Text: S05480                            Text: S05482
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 5481

Amendment Text

PAG LIN
  1  1    Amend the amendment, S-5162, to House File 2205, as
  1  2 amended, passed, and reprinted by the House, as
  1  3 follows:
  1  4    #1.  Page 1, by inserting after line 3 the
  1  5 following:
  1  6    "#   .  Page 4, by inserting before line 26 the
  1  7 following:
  1  8    "( )  An electronic transaction initiated at a
  1  9 satellite terminal, as defined in section 527.2, or
  1 10 the processing and routing of transaction data by a
  1 11 central routing unit or a data processing center, each
  1 12 as defined in section 527.2.""
  1 13    #2.  Page 1, by striking lines 4 through 7.
  1 14    #3.  Page 1, by inserting before line 8 the
  1 15 following:
  1 16    "#   .  Page 5, by striking lines 14 through 28 and
  1 17 inserting the following:
  1 18    "4.  A choice of law provision, which is contained
  1 19 in a computer information agreement that governs a
  1 20 transaction subject to this chapter, that provides
  1 21 that the contract is to be interpreted pursuant to the
  1 22 laws of a state that has enacted the uniform computer
  1 23 information transactions Act, as proposed by the
  1 24 national conference of commissioners on uniform state
  1 25 laws, or any substantially similar law, is voidable
  1 26 and the agreement shall be interpreted pursuant to the
  1 27 laws of this state if the party against whom
  1 28 enforcement of the choice of law provision is sought
  1 29 is a resident of this state or has its principal place
  1 30 of business located in this state.  For purposes of
  1 31 this subsection, a "computer information agreement"
  1 32 means an agreement that would be governed by the
  1 33 uniform computer information transactions Act or
  1 34 substantially similar law as enacted in the state
  1 35 specified in the choice of laws provision if that
  1 36 state's law were applied to the agreement."
  1 37    #   .  Page 8, line 27, by striking the word
  1 38 "Notwithstanding" and inserting the following:  "In
  1 39 addition to"."
  1 40    #4.  Page 2, line 8, by striking the word "sale.""
  1 41 and inserting the following:  "sale.
  1 42    Sec. ___.  ADVISORY COMMITTEE CREATED.  An advisory
  1 43 committee is created to study issues associated with
  1 44 the electronic filing, recording, and indexing of
  1 45 instruments affecting real property pursuant to
  1 46 chapter 558, and the electronic use of real property
  1 47 disclosures required pursuant to chapter 558A.  The
  1 48 advisory committee shall consider matters relating to
  1 49 the facilitation of electronic filing, recording, and
  1 50 indexing of instruments affecting real property.  The
  2  1 advisory committee may consider matters including, but
  2  2 not limited to, access to electronic transactions,
  2  3 reliability and security, storage of records, training
  2  4 of public officials, conversion from a paper recording
  2  5 system to an electronic system, and other issues as
  2  6 are necessary and appropriate with respect to
  2  7 establishing a statewide uniform electronic filing
  2  8 system for real property transactions.  The membership
  2  9 of the advisory committee shall be appointed by the
  2 10 legislative council and shall include, but is not
  2 11 limited to, representatives of the Iowa county
  2 12 recorders association, the Iowa state bar association,
  2 13 the Iowa state association of counties, Iowa title
  2 14 guaranty, the Iowa land title association, the Iowa
  2 15 bankers association, the Iowa independent bankers
  2 16 association, the Iowa association of realtors, the
  2 17 Iowa mortgage bankers association, and the office of
  2 18 the attorney general.  The advisory committee shall
  2 19 provide an initial written report, including any
  2 20 recommendations, to the general assembly by no later
  2 21 than January 20, 2001.  Such report shall include a
  2 22 recommendation for the initiation of a pilot program
  2 23 for electronic land transfers, including a date
  2 24 certain by which such program may be initiated and the
  2 25 cost of such pilot program.  The advisory committee
  2 26 shall provide a written report to the general assembly
  2 27 in January of each year subsequent to the commencement
  2 28 of the pilot program including the results of the
  2 29 pilot program; any additional recommendations; a
  2 30 schedule for the implementation of a statewide uniform
  2 31 electronic land transfer system, if appropriate; and
  2 32 the costs associated with such implementation
  2 33 including any identifiable ongoing costs and costs for
  2 34 training associated with the system."
  2 35    #   .  Page 17, by inserting after line 29 the
  2 36 following:
  2 37    "Sec.    .  REPEAL – EFFECTIVE DATE.
  2 38    1.  Section 554D.104, subsection 4, as enacted in
  2 39 this Act, is amended by striking the subsection.
  2 40    2.  This section of this Act takes effect July 1,
  2 41 2001.
  2 42    Sec.    .  LEGISLATIVE INTENT.  It is the intent of
  2 43 the general assembly that the general assembly
  2 44 consider the proposed uniform computer information
  2 45 transactions Act, as adopted by the national
  2 46 conference of commissioners on uniform state laws,
  2 47 during the 2001 regular session.""
  2 48    #5.  By renumbering as necessary.  
  2 49 
  2 50 
  3  1                               
  3  2 STEVE KING
  3  3 JEFF LAMBERTI
  3  4 HF 2205.312 78
  3  5 mj/cf
     

Text: S05480                            Text: S05482
Text: S05400 - S05499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Return To Home index


© 2000 Cornell College and League of Women Voters of Iowa


Comments about this site or page? webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.

Last update: Wed Apr 19 03:35:56 CDT 2000
URL: /DOCS/GA/78GA/Legislation/S/05400/S05481/000418.html
jhf