House File 579 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 579
  1  2
  1  3                             AN ACT
  1  4 RELATING TO JUDICIAL BRANCH PRACTICES AND PROCEDURES, INCLUDING
  1  5    EXPANDING THE DEFINITION OF A SEAL, INVOLVING THE DUTIES OF
  1  6    THE CLERK OF THE SUPREME COURT, AND OBTAINING ELECTRONIC
  1  7    SIGNATURES ON CITATIONS.
  1  8
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10
  1 11    Section 1.  Section 4.1, subsection 28, Code 2007, is
  1 12 amended to read as follows:
  1 13    28.  SEAL.  Where the seal of a court, public office or,
  1 14 public officer, or public or private corporation, may be
  1 15 required to be affixed to any paper, the word "seal" shall
  1 16 include an impression upon the paper alone, as well as or upon
  1 17 wax or a wafer affixed thereto to the paper, or an official
  1 18 ink stamp if a notarial seal.  If the seal of a court is
  1 19 required, the word "seal" may also include a visible
  1 20 electronic image of the seal on an electronic document.
  1 21    Sec. 2.  Section 602.4301, subsection 2, Code 2007, is
  1 22 amended to read as follows:
  1 23    2.  The clerk of the supreme court shall have an office at
  1 24 the seat of government, shall keep a complete record of the
  1 25 proceedings of the court, and shall not allow an opinion filed
  1 26 in the office to be removed.  Opinions shall be open to
  1 27 examination and, upon request, may be copied and certified.
  1 28 The clerk promptly shall announce by ordinary or electronic
  1 29 mail to one of the attorneys on each side any ruling made or
  1 30 decision rendered, shall record every opinion rendered as soon
  1 31 as filed, shall send by ordinary or electronic mail a copy of
  1 32 each opinion rendered to each attorney of record and to each
  1 33 party not represented by counsel, and shall perform all other
  1 34 duties pertaining to the office of clerk.
  1 35    Sec. 3.  Section 805.6, subsection 1, unnumbered paragraph
  2  1 3, Code 2007, is amended to read as follows:
  2  2    Notwithstanding other contrary requirements of this
  2  3 section, a uniform citation and complaint may be originated
  2  4 from a computerized device.  The officer issuing the citation
  2  5 through a computerized device shall electronically sign and
  2  6 date the citation or complaint and shall obtain electronically
  2  7 the signature of the person cited as provided in section 805.3
  2  8 and shall give two copies of the citation to the person cited
  2  9 and shall provide a record of the citation to the court where
  2 10 the person cited is to appear and to the law enforcement
  2 11 agency of the officer by an electronic process which
  2 12 accurately reproduces or forms a durable medium for accurately
  2 13 and legibly reproducing an unaltered image or copy of the
  2 14 citation.
  2 15
  2 16
  2 17                                                             
  2 18                               PATRICK J. MURPHY
  2 19                               Speaker of the House
  2 20
  2 21
  2 22                                                             
  2 23                               JOHN P. KIBBIE
  2 24                               President of the Senate
  2 25
  2 26    I hereby certify that this bill originated in the House and
  2 27 is known as House File 579, Eighty=second General Assembly.
  2 28
  2 29
  2 30                                                             
  2 31                               MARK BRANDSGARD
  2 32                               Chief Clerk of the House
  2 33 Approved                , 2007
  2 34
  2 35
  3  1                            
  3  2 CHESTER J. CULVER
  3  3 Governor