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.
35	Sec. 3.	Section 805.6, subsection 1, unnumbered paragraph
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
33 Approved	, 2007
2 34
2 35
3	1  	
2 CHESTER J. CULVER
3	3 Governor