House File 743 - Introduced HOUSE FILE 743 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 226) A BILL FOR An Act requiring that the general assembly provide for the 1 publication of certain material and associated electronic 2 records pertaining to official legal publications. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1884HV (1) 88 da/tm
H.F. 743 DIVISION I 1 PRINCIPAL PROVISIONS 2 Section 1. NEW SECTION . 2B.31 Short title. 3 This subchapter may be cited as the “Uniform Electronic Legal 4 Material Act” . 5 Sec. 2. NEW SECTION . 2B.32 Definitions. 6 As used in this subchapter, unless the context otherwise 7 requires: 8 1. “Electronic” means relating to technology having 9 electrical, digital, magnetic, wireless, optical, 10 electromagnetic, or similar capabilities. 11 2. “Legal material” means an edition, including any part of 12 that edition of the following legal publications as cited in 13 section 2B.17, whether or not in effect: 14 a. The Constitution of the State of Iowa. 15 b. The Iowa Acts. 16 c. The Iowa Code. 17 d. The Iowa Administrative Bulletin. 18 e. The Iowa Administrative Code. 19 3. “Publish” means to display, present, or release to the 20 public, or cause to be displayed, presented, or released to the 21 public by the legislative services agency. 22 4. “Record” means information that is inscribed on a 23 tangible medium or that is stored in an electronic or other 24 medium and is retrievable in perceivable form, including 25 printed and electronic versions of legal publications. 26 5. “State” means a state of the United States, the District 27 of Columbia, Puerto Rico, the United States Virgin Islands, or 28 any territory or insular possession subject to the jurisdiction 29 of the United States. 30 Sec. 3. NEW SECTION . 2B.33 Applicability. 31 1. This subchapter applies to all legal material in an 32 electronic record that is designated as official under the 33 applicable provisions of section 2.42, chapter 2A, and this 34 chapter and which is first published electronically on or after 35 -1- LSB 1884HV (1) 88 da/tm 1/ 9
H.F. 743 the implementation date of this Act. 1 2. This subchapter applies to electronic records that are 2 publicly available by accessing the general assembly’s internet 3 site. 4 Sec. 4. NEW SECTION . 2B.34 Legal material in official 5 electronic record. 6 1. If the legislative services agency publishes legal 7 material only in an electronic record, the legislative services 8 agency shall do all of the following: 9 a. Designate the electronic record as official. 10 b. Comply with the applicable provisions of section 2.42, 11 chapter 2A, and this chapter. 12 2. If the legislative services agency publishes legal 13 material in an electronic record and also publishes the legal 14 material in a record other than an electronic record, the 15 legislative services agency may designate the electronic 16 record as official if the electronic record complies with the 17 applicable provisions of section 2.42, chapter 2A, and this 18 chapter. 19 3. Except as provided in subsection 1, the legislative 20 services agency may designate an electronic record as 21 unofficial. 22 Sec. 5. NEW SECTION . 2B.35 Authentication of official 23 electronic record. 24 1. The legislative services agency in publishing legal 25 material in an electronic record that is designated as official 26 under the applicable provisions of section 2.42, chapter 2A, 27 and this chapter shall authenticate the electronic record. To 28 authenticate an electronic record, the legislative services 29 agency shall provide a method for a user to determine that 30 the record received by the user from the legislative services 31 agency is unaltered from the official record published by the 32 legislative services agency. 33 2. Subsection 1 does not affect any other process to 34 authenticate legal material under section 2B.18 or any other 35 -2- LSB 1884HV (1) 88 da/tm 2/ 9
H.F. 743 authentication process adopted by the legislative council or 1 the legislative services agency. 2 Sec. 6. NEW SECTION . 2B.36 Effect of authentication. 3 1. Legal material in an electronic record that is 4 authenticated under section 2B.35 is presumed to be an accurate 5 copy of the legal material. 6 2. If another state has adopted a law substantially similar 7 to this subchapter, legal material in an electronic record that 8 is designated as official and authenticated by the official 9 publisher in that state is presumed to be an accurate copy of 10 the legal material. 11 3. A party contesting the authentication of legal material 12 in an electronic record authenticated under section 2B.35 has 13 the burden of proving by a preponderance of the evidence that 14 the electronic record is not authentic. 15 Sec. 7. NEW SECTION . 2B.37 Preservation and security of 16 legal material in official electronic record. 17 1. The legislative services agency in maintaining custodial 18 information as provided in subchapter I and that is or was 19 designated as official under the applicable provisions of 20 section 2.42, chapter 2A, and this chapter shall provide for 21 the preservation and security of the record in an electronic 22 form or a form that is not electronic. 23 2. If legal material is preserved under subsection 1 in an 24 electronic record, the legislative services agency shall do all 25 of the following: 26 a. Ensure the integrity of the record. 27 b. Provide for backup and disaster recovery of the record. 28 c. Ensure the continuing usability of the legal material. 29 Sec. 8. NEW SECTION . 2B.38 Public access to legal material 30 in official electronic record. 31 The legislative services agency, in preserving legal 32 material in an electronic record as required under section 33 2B.37, shall ensure that the legal material is reasonably 34 available for use by the public on a permanent basis. 35 -3- LSB 1884HV (1) 88 da/tm 3/ 9
H.F. 743 Sec. 9. NEW SECTION . 2B.39 Standards. 1 1. In implementing this subchapter, the legislative 2 services agency may consider any of the following: 3 a. The most recent standards regarding authentication of, 4 preservation and security of, and public access to, legal 5 material in an electronic record and other electronic records, 6 as promulgated by national standard-setting bodies. 7 b. The needs of users of legal material in an electronic 8 record. 9 c. The views of governmental officials and entities and 10 other interested persons. 11 d. To the extent practicable, methods and technologies for 12 the authentication of, preservation and security of, and public 13 access to, legal material which are compatible with the methods 14 and technologies used by other official publishers in other 15 states that have adopted a law substantially similar to this 16 Act. 17 2. The provisions of this subchapter shall be implemented 18 when the legislative council approves a plan presented by 19 the legislative services agency. The plan shall provide 20 for the implementation of this subchapter in a manner that 21 best benefits users of the general assembly’s internet site 22 on a reliable, long-term, and cost-effective basis, and 23 which may include a budget estimate necessary to complete 24 implementation. The legislative services agency may request 25 the legislative council to approve a policy for the use of an 26 account in which receipts from the revenue from distributions 27 of publications credited to the account may be expended by 28 the legislative services agency on a multiyear revolving 29 basis, so long as such revenue is used exclusively to pay for 30 costs associated with implementing the provisions of this 31 subchapter as well as ordinary expenditures associated with 32 producing and distributing printed and electronic versions 33 of publications including as provided in section 2.43, 34 chapter 2A, and this chapter. However, if the legislative 35 -4- LSB 1884HV (1) 88 da/tm 4/ 9
H.F. 743 services agency determines that it may fully implement this 1 subchapter without preparing a detailed plan for approval by 2 the legislative council, it shall prepare and submit a report 3 to the legislative council describing the implementation. 4 3. This section shall be implemented on the effective date 5 of this Act. 6 Sec. 10. NEW SECTION . 2B.40 Relation to electronic 7 signatures in global and national commerce Act. 8 This subchapter modifies, limits, or supersedes the federal 9 Electronic Signatures in Global and National Commerce Act, 15 10 U.S.C. §7001 et seq., but does not modify, limit, or supersede 11 section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize 12 electronic delivery of any of the notices described in section 13 103(b) of that Act, 15 U.S.C. §7003(b). 14 DIVISION II 15 CORRESPONDING AND MISCELLANEOUS AMENDMENTS 16 Sec. 11. Section 2B.5, Code 2019, is amended to read as 17 follows: 18 2B.5 Duties of administrative code editor. 19 The administrative code editor shall do all of the 20 following : 21 1. Publish Supervise the publication of the Iowa 22 administrative bulletin and the Iowa administrative code as 23 provided in section 2B.5A . 24 2. Publish the Iowa court rules as provided in section 25 2B.5B . 26 3. 2. Notify the administrative rules coordinator if a rule 27 is not in proper style or form. 28 4. 3. Perform other duties as directed by the director of 29 the legislative services agency, the legislative council, or 30 the administrative rules review committee and as provided by 31 law. 32 Sec. 12. Section 2B.5B, subsection 2, Code 2019, is amended 33 to read as follows: 34 2. The administrative code editor legislative services 35 -5- LSB 1884HV (1) 88 da/tm 5/ 9
H.F. 743 agency , upon direction by the Iowa supreme court and in 1 accordance with the policies of the legislative council 2 pursuant to section 2.42 and the legislative services agency 3 pursuant to section 2A.1 , shall prescribe a uniform style and 4 form required for filing a document for publication in the 5 Iowa court rules. The document shall correlate each rule to 6 the uniform numbering system. The administrative code editor 7 legislative services agency shall provide for the publication 8 of an electronic version of the Iowa court rules. The 9 administrative code editor legislative services agency shall 10 review all submitted documents for style and form and notify 11 the Iowa supreme court if a rulemaking document is not in 12 proper style or form, and may return or revise a document which 13 is not in proper style and form. 14 Sec. 13. Section 2B.5B, subsection 3, paragraph a, Code 15 2019, is amended to read as follows: 16 a. The administrative code editor legislative services 17 agency shall publish the Iowa court rules in accordance with 18 section 2.42 . However, the legislative services agency may 19 publish supplements in lieu of the Iowa court rules. The 20 administrative code editor legislative services agency shall 21 provide for arrangement of the Iowa court rules in consultation 22 with the Iowa supreme court. 23 Sec. 14. Section 2B.13, subsection 7, Code 2019, is amended 24 by striking the subsection. 25 Sec. 15. Section 2B.17, subsection 2, paragraph a, Code 26 2019, is amended to read as follows: 27 a. The codified version of the state’s constitution shall be 28 known as the Constitution of the State of Iowa. 29 Sec. 16. NEW SECTION . 2B.17A Official legal publications —— 30 publication dates. 31 1. An edition of a legal publication is deemed an 32 official version and becomes effective on its publication 33 date. A publication date is the date that an edition of a 34 legal publication is conclusively presumed to be complete, 35 -6- LSB 1884HV (1) 88 da/tm 6/ 9
H.F. 743 incorporating all revisions or editorial changes. Nothing 1 in this section affects an effective date of a codified or 2 uncodified provision of law, including but not limited to as 3 provided in Article III, section 26, of the Constitution of the 4 State of Iowa, or section 3.7. 5 2. If not otherwise established by statute or a policy 6 of the legislative council pursuant to section 2.42, the 7 legislative services agency shall establish a publication 8 date for each edition of a print or electronic version of an 9 official legal publication as cited in section 2B.17. The 10 publication date may be based on the date that the edition of 11 an official legal publication is first made available to the 12 public accessing the general assembly’s internet site. The 13 publication date may also be the first date that an edition of 14 a print version of an official legal publication is first made 15 available for public distribution. If the legislative services 16 agency does not provide a publication date for the Iowa Code, 17 the publication date shall be the first day of the next regular 18 session of the general assembly convened pursuant to Article 19 III, section 2, of the Constitution of the State of Iowa. 20 Otherwise, the legislative services agency shall provide public 21 notice of a publication date for each edition of an official 22 legal publication on the general assembly’s internet site. 23 3. A legal publication designated by the legislative 24 services agency as unofficial shall not be used to establish 25 a publication date for an official version of a legal 26 publication. 27 Sec. 17. Section 2B.18, subsection 2, Code 2019, is amended 28 to read as follows: 29 2. The administrative code editor is the custodian of the 30 official legal publications known as the Iowa administrative 31 bulletin , and the Iowa administrative code , and the Iowa court 32 rules . The administrative code editor may attest to and 33 authenticate any portion of such official legal publication 34 for purposes of admitting a portion of the official legal 35 -7- LSB 1884HV (1) 88 da/tm 7/ 9
H.F. 743 publication in any court or office of any state, territory, or 1 possession of the United States or in a foreign jurisdiction. 2 Sec. 18. Section 2B.18, Code 2019, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 3. The legislative services agency, upon 5 direction by the Iowa supreme court and in accordance with 6 the policies of the legislative council pursuant to section 7 2.42 and the legislative services agency pursuant to section 8 2A.1, shall provide a process to attest to and authenticate any 9 portion of Iowa court rules. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanation’s substance by the members of the general assembly. 13 This bill is based on the uniform electronic legal 14 material Act (UELMA), prepared by the national conference of 15 commissioners of uniform state laws in 2011. The prefatory 16 note stresses the need for flexible approaches by adopting 17 jurisdictions, observing that the UELMA “does not require 18 specific technologies, leaving the choice of technology for 19 authentication and preservation up to the states”. 20 Specifically, the bill amends Code chapter 2B that provides 21 for the publication of official and unofficial editions of 22 legal publications, including the Iowa Constitution, the Iowa 23 Acts, the Iowa Code, the Iowa Administrative Bulletin, and the 24 Iowa Administrative Code. The bill requires the legislative 25 services agency when acting as custodian of information in a 26 secure electronic repository, provide for the publication of 27 legal material associated with those publications to enable 28 user access on a permanent and secure basis, including by 29 providing methods of authentication and preservation of 30 electronic records. The bill provides for the implementation 31 of its provisions according to a plan or report to be submitted 32 to the legislative council which will include such methods. 33 The bill makes a number of other conforming and miscellaneous 34 changes to the same Code chapter to implement the UELMA and 35 -8- LSB 1884HV (1) 88 da/tm 8/ 9
H.F. 743 also to codify current publication practice. 1 -9- LSB 1884HV (1) 88 da/tm 9/ 9