House File 2490

PAG LIN

  1  1                                    HOUSE FILE 2490
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
  1  5
  1  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  7
  1  8    Section 1.  Section 554D.101, Code 2003, is amended to read
  1  9 as follows:
  1 10    554D.101  SHORT TITLE.
  1 11    This section and sections 554D.102 through 554D.124 of this
  1 12 chapter shall be known and may be cited as the "Uniform
  1 13 Electronic Transactions Act".
  1 14    Sec. 2.  Section 554D.103, subsections 4, 5, and 7, Code
  1 15 2003, are amended by striking the subsections.
  1 16    Sec. 3.  Section 554D.103, subsection 19, Code 2003, is
  1 17 amended to read as follows:
  1 18    19.  "Transaction" means an action or set of actions
  1 19 occurring between two or more persons relating to the conduct
  1 20 of business, consumer, commercial, or governmental affairs.
  1 21    Sec. 4.  Section 554D.104, subsection 2, Code Supplement
  1 22 2003, is amended to read as follows:
  1 23    2.  a.  (1)  This chapter does not apply to the following:
  1 24    (a)  An application which would involve construction of a
  1 25 rule of law that is clearly inconsistent with the manifest
  1 26 intent of the body imposing the requirement or repugnant to
  1 27 the context of the same rule of law.  However, the mere
  1 28 requirement that information be in writing, written, or
  1 29 printed shall not by itself be sufficient to establish an
  1 30 intent which is inconsistent with the requirement of this
  1 31 section.
  1 32    (b)  With respect to a consumer transaction, a record that
  1 33 serves as a unique and transferable physical expression of
  1 34 rights and obligations including, without limitation,
  1 35 negotiable instruments and other instruments of title where
  2  1 possession of the instrument is deemed to confer title.
  2  2    (c)  An electronic transaction initiated at a satellite
  2  3 terminal, as defined in section 527.2, or the processing and
  2  4 routing of transaction data by a central routing unit or a
  2  5 data processing center, each as defined in section 527.2.
  2  6    (2)  Except as provided under paragraph "b", this This
  2  7 chapter does not apply to a transaction to the extent it is
  2  8 governed by any of the following:
  2  9    (a)  A disclosure requirement associated with a consumer
  2 10 transaction, including, but not limited to, such disclosures
  2 11 required under chapter 13C, sections 321.69 and 321.71,
  2 12 chapters 516D, 523A, 523B, 523G, 533D, 537, 537B, 538A, 552,
  2 13 552A, 555A, 557A, 557B, 558A, 562A, and 562B, section 714.16,
  2 14 and chapters 714B and 714D, or an administrative rule adopted
  2 15 pursuant to such sections or chapters.
  2 16    (b) a.  A rule of law governing the creation or execution
  2 17 of a will or trust, living will, a general, durable, or
  2 18 healthcare power of attorney, or a voluntary, involuntary, or
  2 19 standby guardianship or conservatorship wills, codicils, or
  2 20 testamentary trusts.
  2 21    (c) b.  Chapter 554 other than articles 2 and 13 and
  2 22 sections 554.1107 and 554.1206.
  2 23    b.  This chapter applies to an electronic record or
  2 24 electronic signature otherwise excluded from the application
  2 25 of this chapter under paragraph "a" to the extent it is
  2 26 governed by a law other than those specified in paragraph "a",
  2 27 subparagraph (2).
  2 28    Sec. 5.  Section 554D.110, subsection 4, paragraph b, Code
  2 29 2003, is amended to read as follows:
  2 30    b.  A requirement under a law other than this chapter to
  2 31 send, communicate, or transmit a record by delivery in person,
  2 32 by first=class mail postage prepaid, or by courier may be
  2 33 varied by agreement to the extent permitted by the other law.
  2 34    Sec. 6.  Section 554D.111, subsection 3, Code 2003, is
  2 35 amended by striking the subsection.
  3  1    Sec. 7.  Section 554D.114, subsection 7, Code 2003, is
  3  2 amended to read as follows:
  3  3    7.  This section does not preclude a governmental agency of
  3  4 this state from specifying additional requirements for the
  3  5 retention of a record subject to the agency's jurisdiction.
  3  6    Sec. 8.  Section 554D.120, subsection 5, Code Supplement
  3  7 2003, is amended by striking the subsection.
  3  8    Sec. 9.  NEW SECTION.  554D.124  SEVERABILITY.
  3  9    If any provision of this chapter or the application thereof
  3 10 to any person or circumstances is held invalid, the invalidity
  3 11 shall not affect other provisions or applications of the
  3 12 chapter which can be given effect without the invalid
  3 13 provisions or application and, to this end, the provisions of
  3 14 this chapter are severable.
  3 15    Sec. 10.  Sections 554D.102, 554D.105, 554D.109, 554D.122,
  3 16 and 554D.123, Code 2003, are repealed.
  3 17    Sec. 11.  CODE EDITOR DIRECTIVE.  The Code editor is
  3 18 directed to renumber section 554D.104, subsection 4, as new
  3 19 section 554D.125, and to change any references to subsection 4
  3 20 as necessary.
  3 21
  3 22
  3 23                                                             
  3 24                               CHRISTOPHER C. RANTS
  3 25                               Speaker of the House
  3 26
  3 27
  3 28                                                             
  3 29                               JEFFREY M. LAMBERTI
  3 30                               President of the Senate
  3 31
  3 32    I hereby certify that this bill originated in the House and
  3 33 is known as House File 2490, Eightieth General Assembly.
  3 34
  3 35
  4  1                                                             
  4  2                               MARGARET THOMSON
  4  3                               Chief Clerk of the House
  4  4 Approved                , 2004
  4  5
  4  6
  4  7                            
  4  8 THOMAS J. VILSACK
  4  9 Governor