2003 Electronic Signatures and UETA Legislation
February 11, 2004
Enactments noted in italics. External links to bills where available.
Electronic Signatures || Uniform Electronic Transaction Act (UETA)
Electronic Signatures
Alabama
H.B. 552
Identifies the practice of engineering and land surveying as a learned profession and would identify certain rights-of-entry and the procedure for the entry of land owned by another for a professional land surveyor to perform a survey. Prohibits the use of a lapsed seal, authorizes the use of a digital signature, and provides that the seal on a document certifies that the licensee is competent and responsible for the work product.
S.B. 424
Identifies the practice of engineering and land surveying as a learned profession and would identify certain rights-of-entry and the procedure for the entry of land owned by another for a professional land surveyor to perform a survey. Prohibits the use of a lapsed seal, authorizes the use of a digital signature, and provides that the seal on a document certifies that the licensee is competent and responsible for the work product.
Arkansas
H.B. 2202
Permits the use of electronic signatures to authorize employee payroll deductions.
California
S.B. 220
Chaptered by secretary of state 9/4/03, Chapter 273
Provides that the term "signature" includes a signature in a facsimile document presented to the secretary of state. Requires the secretary of state to accept facsimile signatures on documents delivered by hand or mail and authorizes the secretary of state to adopt procedures permitting the direct electronic or facsimile filing of documents. Authorizes the commissioner of corporations to prescribe circumstances under which to accept electronic records or electronic signatures.
Colorado
S.B. 333
Signed by governor 6/5/03, Chapter 372
Prohibits a court from dismissing charges related to traffic law violations solely because the penalty assessment notice or summons and complaint is in electronic form or contains an electronic signature.
Georgia
H.B. 194
Signed by governor 6/4/03, Act 347
Adopts the Uniform Athlete Agents Act; provides for electronic signatures conforming to the federal law Electronic Signatures in Global and National Commerce Act.
Massachusetts
H.B. 4217
Relates to certain rules for notaries including electronic notarization.
Missouri
H.B. 482
Permits any signature on any document authorized to be filed by or with the secretary of state to be a facsimile, a conformed signature, or an electronically transmitted signature.
Montana
H.B. 562
Signed by governor 3/26/03, Chapter 150
Revises the laws relating to a customer's telecommunications carrier; provides that an electronic signature may be used to authorize a change in a customer's telecommunications carrier or to authorize a charge for a service or product to be billed on a customer's bill; eliminates the requirement that a telecommunications carrier obtain a customer's authorization to provide services to the customer as a result of acquiring the subscriber base of another carrier.
New Hampshire
S.B. 40
Signed by governor /17/03, Chapter 158
Allows for the filing of complaints for violation-level offenses without a police officer's signature or oath and provides that electronic submission of a false statement shall be charged as unsworn falsification.
New Mexico
H.B. 17
Relates to elections; requires voter identification by signature verification; establishes procedures for voting when digital facsimile signature verification is unavailable.
H.B. 20
Relates to elections; allowing polling place challengers to inspect paper or electronic signature rosters.
New York
S.B. 1087
Enacts the Internet Pharmacy Consumer Protection Act to regulate the dispensing of prescription required drugs and/or devices pursuant to an Internet sale; requires electronic signatures, authentication and disclosures; prohibits waivers; prescribes content of web sites; makes the violation of such provisions a class A misdemeanor.
North Carolina
S.B. 317
Signed by governor 7/18/03, Session Law 326
Provides for a two-year moratorium on annexations into the county of Cabarrus by municipalities located primarily outside the county and to add territory to the economic development zone where there is a moratorium on annexation and affects electronic signatures and electronic records filed with the county registers of deeds for Cabarrus, Durham, Harnett, Mecklenburg, Moore, New Hanover and Randolph counties.
S.B. 622
Signed by governor 6/19/03, Session Law 233
Authorizes all public agencies to accept electronic signatures.
Ohio
H.B. 204
Provides for the use of electronic records and signatures by county offices if specified security procedures are adopted, requires the auditor of state to audit electronic record security procedures adopted by county offices, and to create a single definition of the "Internet" to be used throughout the Revised Code.
Oklahoma
S.B. 599
Creates the Auto Choice Reform Act; authorizes the use of electronic signatures.
Oregon
H.B. 2075
Signed by governor 5/24/03, Chapter 80
Relates to business entities, defines electronic signature and notices to shareholders.
Rhode Island
H.B. 5949
Became law without governor's signature 6/25/03
Permits physicians to authorize generic drugs by use of an electronic signature.
H.B. 5952
Permits an electronic signature of a physician to request a drug.
Tennessee
H.B. 1936
S.B. 975
Prohibits real estate closings over Internet, requires title policy signature by an agent who is resident of Tennessee, and prohibits electronic title policy signatures.
Wyoming
H.B. 77
Signed by governor 3/4/03, Chapter 124
Relates to the Uniform Trust Code; creates the Trust Code; repeals the Uniform Trustees' Powers Act; repeals the Uniform Prudent Investor Act and incorporates provisions of that act within the Uniform Trust Code; amends the rule against perpetuities as specified; provides for electronic signatures as specified.
Uniform Electronic Transactions Act (UETA)
Alaska
H.B. 285
Adopts the Uniform Electronic Transactions Act.
Colorado
S.B. 230
Signed by governor 6/5/03, Chapter 414
Concerns an authorization for the secretary of state to promulgate rules pursuant to the Uniform Electronic Transactions Act.
Idaho
S.B. 1060
Signed by governor 3/27/03, Chapter 155
Relates to the Uniform Electronic Transactions Act to provide that any notice or record required to be sent by certified mail may be transmitted electronically if the recipient has given consent.
S.B. 1061
Signed by governor 3/27/03, Chapter 156
Eliminates inconsistencies, overlap, and redundancies in Idaho law between the Idaho Electronic Signature and Filing Act (IESFA) enacted in 1998 and the Uniform Electronic Transaction Act (UETA) enacted in 2000.
Massachusetts
S.B. 1915
Amended by substitute 8/28/03
Adopts the Uniform Electronic Transactions Act to remove barriers to electronic commerce by validating and effectuating electronic records and signatures.
S.B. 1920
Amended by substitute 8/28/03
Adopts the Uniform Electronic Transaction Act.
S.B. 2076
Signed by governor 11/26/03, Chapter 133
Adopts the Uniform Electronic Transactions Act.
Missouri
H.B. 254
Signed by governor 6/9/03
Repeals the current Missouri Digital Signatures Act (Sections 28.600 - 28.678, RSMo) and enacts the provisions of the Uniform Electronic Transactions Act, making electronic transactions as enforceable as traditional paper transactions if the parties agree to transact electronically. The act does not apply to the creation and execution of wills, codicils, and testamentary trusts or to transactions subject to the Uniform Commercial Code, except for sales (Article 2) and leases (Article 2A).
Vermont
H.B. 148
Signed by governor 6/20/03, Act 44
Enacts the Uniform Electronic Transactions Act. Provides the procedural structure in order to effectuate transactions accomplished via an electronic medium. An electronic record or signature can be given legal effect and enforceability, and contracts formed using electronic records can be enforced. If a law requires a record to be in writing, an electronic record satisfies the law, and if a law requires a signature, an electronic signature satisfies the law.
 Electronic Commerce
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