House Study Bill 117 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED JUDICIAL
                                            BRANCH BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to judicial branch practices and procedures,
  2    including expanding the definition of a seal, eliminating
  3    duties of the clerk of the supreme court, making confidential
  4    personal information, and obtaining electronic signatures on
  5    citations.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  7 TLSB 1268DP 82
  8 jm/sh/8

PAG LIN



  1  1    Section 1.  Section 4.1, subsection 28, Code 2007, is
  1  2 amended to read as follows:
  1  3    28.  SEAL.  Where the seal of a court, public office or,
  1  4 public officer, or public or private corporation, may be
  1  5 required to be affixed to any paper, the word "seal" shall
  1  6 include an impression upon the paper alone, as well as or upon
  1  7 wax or a wafer affixed thereto to the paper, or an official
  1  8 ink stamp if a notarial seal.  If the seal of a court is
  1  9 required, the word "seal" may also include a visible
  1 10 electronic image of the seal on an electronic document.
  1 11    Sec. 2.  Section 602.4301, subsection 2, Code 2007, is
  1 12 amended to read as follows:
  1 13    2.  The clerk of the supreme court shall have an office at
  1 14 the seat of government, shall keep a complete record of the
  1 15 proceedings of the court, and shall not allow an opinion filed
  1 16 in the office to be removed.  Opinions shall be open to
  1 17 examination and, upon request, may be copied and certified.
  1 18 The clerk promptly shall announce by mail to one of the
  1 19 attorneys on each side any ruling made or decision rendered,
  1 20 shall record every opinion rendered as soon as filed, shall
  1 21 mail a copy of each opinion rendered to each attorney of
  1 22 record and to each party not represented by counsel, and The
  1 23 clerk shall also perform all other duties pertaining to the
  1 24 office of clerk.
  1 25    Sec. 3.  Section 602.6111, subsection 3, Code 2007, is
  1 26 amended by striking the subsection and inserting in lieu
  1 27 thereof the following:
  1 28    3.  The supreme court may prescribe rules or issue
  1 29 directives requiring confidentiality of certain categories of
  1 30 personal identification and financial account information
  1 31 filed with the clerk of the district court or the clerk of the
  1 32 supreme court.  The rules prescribed or directives issued
  1 33 pursuant to this subsection may specify the manner and format
  1 34 in which confidential information is to be provided to the
  1 35 clerk, authorize the disclosure of confidential information to
  2  1 certain persons, and specify the manner and format in which
  2  2 the confidential information is stored and disclosed by the
  2  3 clerk.  Rules prescribed or directives issued pursuant to this
  2  4 subsection shall prevail over any other state laws and
  2  5 administrative rules.
  2  6    Sec. 4.  Section 805.6, subsection 1, unnumbered paragraph
  2  7 3, Code 2007, is amended to read as follows:
  2  8    Notwithstanding other contrary requirements of this
  2  9 section, a uniform citation and complaint may be originated
  2 10 from a computerized device.  The officer issuing the citation
  2 11 through a computerized device shall electronically sign and
  2 12 date the citation or complaint and shall obtain electronically
  2 13 the signature of the person cited as provided in section 805.3
  2 14 and shall give two copies of the citation to the person cited
  2 15 and shall provide a record of the citation to the court where
  2 16 the person cited is to appear and to the law enforcement
  2 17 agency of the officer by an electronic process which
  2 18 accurately reproduces or forms a durable medium for accurately
  2 19 and legibly reproducing an unaltered image or copy of the
  2 20 citation.
  2 21                           EXPLANATION
  2 22    This bill relates to judicial branch practices and
  2 23 procedures, including expanding the definition of a seal,
  2 24 eliminating duties of the clerk of the supreme court, making
  2 25 confidential some personal information, and using electronic
  2 26 signatures on citations.
  2 27    The bill provides that the court may use a seal that
  2 28 affixes a visible electronic image of the seal upon an
  2 29 electronic document.  Current law requires the court to use a
  2 30 seal that includes an impression upon paper or upon wax or a
  2 31 wafer affixed to the paper.
  2 32    The bill eliminates the requirement that the clerk of the
  2 33 supreme court mail a copy of any ruling or opinion issued by
  2 34 the supreme court or court of appeals to the attorneys arguing
  2 35 the case, or to each party not represented by an attorney.
  3  1    Under the bill, the supreme court may prescribe a rule or
  3  2 issue a directive requiring confidentiality of certain
  3  3 categories of personal identification and financial account
  3  4 information filed with the clerk of the district court or the
  3  5 clerk of the supreme court.  The bill provides the rule or
  3  6 directive may specify the manner and format in which the
  3  7 confidential information is to be provided to or disseminated
  3  8 by the clerk.  The bill also provides that the rule or
  3  9 directive prescribed by the supreme court shall prevail over
  3 10 any other state laws and administrative rules.
  3 11    The bill requires a peace officer issuing a citation
  3 12 through a computerized device to electronically sign and date
  3 13 the citation or complaint.  Current law provides that if a
  3 14 peace officer issues a citation through a computerized device,
  3 15 only the person cited for the violation is required to sign
  3 16 electronically.
  3 17 LSB 1268DP 82
  3 18 jm:rj/sh/8.1