House
Study
Bill
226
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
STATE
GOVERNMENT
BILL
BY
CHAIRPERSON
KAUFMANN)
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
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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
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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
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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.
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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
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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
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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,
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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
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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
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9
H.F.
_____
also
to
codify
current
publication
practice.
1
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(4)
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9