Text: HSB00686                          Text: HSB00688
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 687

Bill Text

PAG LIN
  1  1    Section 1.  Section 554D.101, Code 2003, is amended to read
  1  2 as follows:
  1  3    554D.101  SHORT TITLE.
  1  4    This chapter shall be known and may be cited as the
  1  5 "Uniform Electronic Transactions Act".
  1  6    Sec. 2.  Section 554D.103, subsections 4, 5, and 7, Code
  1  7 2003, are amended by striking the subsections.
  1  8    Sec. 3.  Section 554D.103, subsection 19, Code 2003, is
  1  9 amended to read as follows:
  1 10    19.  "Transaction" means an action or set of actions
  1 11 occurring between two or more persons relating to the conduct
  1 12 of business, consumer, commercial, or governmental affairs.
  1 13    Sec. 4.  Section 554D.104, Code Supplement 2003, is amended
  1 14 to read as follows:
  1 15    554D.104  SCOPE.
  1 16    1.  Except as provided in subsection 2, this chapter
  1 17 applies to electronic records and electronic signatures
  1 18 relating to a transaction.
  1 19    2.  a.  (1)  This chapter does not apply to the following:
  1 20    (a)  An application which would involve construction of a
  1 21 rule of law that is clearly inconsistent with the manifest
  1 22 intent of the body imposing the requirement or repugnant to
  1 23 the context of the same rule of law.  However, the mere
  1 24 requirement that information be in writing, written, or
  1 25 printed shall not by itself be sufficient to establish an
  1 26 intent which is inconsistent with the requirement of this
  1 27 section.
  1 28    (b)  With respect to a consumer transaction, a record that
  1 29 serves as a unique and transferable physical expression of
  1 30 rights and obligations including, without limitation,
  1 31 negotiable instruments and other instruments of title where
  1 32 possession of the instrument is deemed to confer title.
  1 33    (c)  An electronic transaction initiated at a satellite
  1 34 terminal, as defined in section 527.2, or the processing and
  1 35 routing of transaction data by a central routing unit or a
  2  1 data processing center, each as defined in section 527.2.
  2  2    (2)  Except as provided under paragraph "b", this This
  2  3 chapter does not apply to a transaction to the extent it is
  2  4 governed by any of the following:
  2  5    (a)  A disclosure requirement associated with a consumer
  2  6 transaction, including, but not limited to, such disclosures
  2  7 required under chapter 13C, sections 321.69 and 321.71,
  2  8 chapters 516D, 523A, 523B, 523G, 533D, 537, 537B, 538A, 552,
  2  9 552A, 555A, 557A, 557B, 558A, 562A, and 562B, section 714.16,
  2 10 and chapters 714B and 714D, or an administrative rule adopted
  2 11 pursuant to such sections or chapters.
  2 12    (b) a.  A rule of law governing the creation or execution
  2 13 of a will or trust, living will, a general, durable, or
  2 14 healthcare power of attorney, or a voluntary, involuntary, or
  2 15 standby guardianship or conservatorship wills, codicils, or
  2 16 testamentary trusts.
  2 17    (c) b.  Chapter 554 other than articles 2 and 13 and
  2 18 sections 554.1107 and 554.1206.
  2 19    b.  This chapter applies to an electronic record or
  2 20 electronic signature otherwise excluded from the application
  2 21 of this chapter under paragraph "a" to the extent it is
  2 22 governed by a law other than those specified in paragraph "a",
  2 23 subparagraph (2).
  2 24    3.  A transaction subject to this chapter is also subject
  2 25 to other applicable substantive law.
  2 26    4.  A choice of law provision in a computer information
  2 27 agreement which provides that the contract is to be
  2 28 interpreted pursuant to the laws of a state that has enacted
  2 29 the uniform computer information transactions Act, as proposed
  2 30 by the national conference of commissioners on uniform state
  2 31 laws, or any substantially similar law, is voidable and the
  2 32 agreement shall be interpreted pursuant to the laws of this
  2 33 state if the party against whom enforcement of the choice of
  2 34 law provision is sought is a resident of this state or has its
  2 35 principal place of business located in this state.  For
  3  1 purposes of this subsection, a "computer information
  3  2 agreement" means an agreement that would be governed by the
  3  3 uniform computer information transactions Act or substantially
  3  4 similar law as enacted in the state specified in the choice of
  3  5 laws provision if that state's law were applied to the
  3  6 agreement.
  3  7    Sec. 5.  Section 554D.110, subsection 4, paragraph b, Code
  3  8 2003, is amended to read as follows:
  3  9    b.  A requirement under a law other than this chapter to
  3 10 send, communicate, or transmit a record by delivery in person,
  3 11 by first-class mail postage prepaid, or by courier may be
  3 12 varied by agreement to the extent permitted by the other law.
  3 13    Sec. 6.  Section 554D.111, subsection 3, Code 2003, is
  3 14 amended by striking the subsection.
  3 15    Sec. 7.  Section 554D.114, subsection 7, Code 2003, is
  3 16 amended to read as follows:
  3 17    7.  This section does not preclude a governmental agency of
  3 18 this state from specifying additional requirements for the
  3 19 retention of a record subject to the agency's jurisdiction.
  3 20    Sec. 8.  Section 554D.120, subsection 5, Code Supplement
  3 21 2003, is amended by striking the subsection.
  3 22    Sec. 9.  NEW SECTION.  554D.124  SEVERABILITY.
  3 23    If any provision of this chapter or the application thereof
  3 24 to any person or circumstances is held invalid, the invalidity
  3 25 shall not affect other provisions or applications of the
  3 26 chapter which can be given effect without the invalid
  3 27 provisions or application and, to this end, the provisions of
  3 28 this chapter are severable.
  3 29    Sec. 10.  Section 554D.102, 554D.105, 554D.109, 554D.122,
  3 30 and 554D.123, Code 2003, are repealed.  
  3 31                           EXPLANATION
  3 32    This bill relates to the uniform electronic transaction
  3 33 Act.  The bill strikes the definitions of "consumer",
  3 34 "consumer transaction", and "digital signature".  The bill
  3 35 amends the definition of "transaction" to no longer include
  4  1 actions relating to the conduct of consumer affairs.
  4  2    The bill broadens the applicability of the chapter by
  4  3 striking the following exceptions:  where application of the
  4  4 chapter would require a rule of law to be interpreted contrary
  4  5 to the intent of the rule of law; to consumer transactions
  4  6 records serving as negotiable instruments and other
  4  7 instruments of title; to electronic transactions initiated at
  4  8 a satellite terminal or the processing and routing of
  4  9 transaction data by a central routing unit or data processing
  4 10 center; to transactions governed by a disclosure requirement
  4 11 associated with a consumer transaction; and to transactions
  4 12 governed by a rule of law governing living wills, general,
  4 13 durable, or healthcare power of attorney, or guardianships or
  4 14 conservatorships.
  4 15    The bill strikes the requirement that a choice of law
  4 16 provision in a computer information agreement be interpreted
  4 17 pursuant to the laws of this state if the party against whom
  4 18 the choice of law provision is enforced is a resident or has
  4 19 its principal place of business in this state.
  4 20    The bill strikes the ability to vary by agreement a
  4 21 requirement to deliver a record in person or by courier and
  4 22 permits a requirement to send a record by first-class mail to
  4 23 be varied by agreement.  The bill strikes the provision
  4 24 requiring the attribution and effect of an electronic record
  4 25 and electronic signature in a consumer transaction to be
  4 26 determined by the substantive law governing the transaction.
  4 27    The bill strikes the requirement that board of regents
  4 28 institutions conform with national electronic record and
  4 29 electronic signature standards.  The bill provides for the
  4 30 severability of the provisions of the chapter if any provision
  4 31 or applicability thereof is held invalid.
  4 32    The bill repeals the sections of Code chapter 554D relating
  4 33 to legislative intent, prospective application of the chapter,
  4 34 the legal recognition of electronic records affecting
  4 35 interests in real property, the interoperability of the
  5  1 chapter with similar requirements adopted by other government
  5  2 agencies, and the criminal penalty provisions for
  5  3 misrepresentation of identity or authorization to obtain a
  5  4 private key for use in a digital signature.
  5  5    The bill makes other conforming amendments.  
  5  6 LSB 6490HC 80
  5  7 kk/cf/24

Text: HSB00686                          Text: HSB00688
Text: HSB00600 - HSB00699               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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: Thu Feb 26 03:30:51 CST 2004
URL: /DOCS/GA/80GA/Legislation/HSB/00600/HSB00687/040225.html
jhf