Electronic Commerce and Transactions
2001 Enacted Legislation
UCITA
UETA
Miscellaneous E-commerce
Links to external sites if available.
Uniform Computer Information Transactions Act
Iowa H.B. 569
States the intent of the general assembly to consider the proposed uniform computer information transactions Act, as adopted by the national conference of commissioners on uniform state laws, during the 2002 regular session.
Virginia H.B. 2387
Makes several amendments to the Uniform Computer Information Transactions Act (UCITA) and the Virginia Consumer Protection Act (VCPA. The bill changes UCITA's references to other laws or rules to other statutes, administrative rules, regulations or procedures where applicable. The bill also changes references to the VCPA to other consumer protection statutes, administrative rules or regulations including, but not limited to, the VCPA. The bill provides that a mass-market license may be transferred if such transfer involves making a gift or donation of a computer along with mass-market software to a public school, a public library, a charity or a consumer. The bill amends the definition of "goods" as used in the VCPA to include "computer information" and "informational rights" as defined in UCITA.
Virginia H.B. 2412
Amends several provisions of the Uniform Computer Information Transactions Act (UCITA) to clarify the definitions of "electronic agent" and "mass-market transaction" and modify UCITA's scope over motion pictures and online service providers. In addition, it clarifies the applicability of other statutes, rules and regulations, provides that a contract term that specifies a judicial forum must be expressly stated, and in a mass-market transaction, such contract term must be expressly and conspicuously stated. This act also modifies the terms of mass-market licenses; creates a special rule for using standard form licenses with nonprofit libraries, archives, and educational institutions; modifies the terms governing transferability; clarifies the definition of automatic restraint; and modifies the restrictions on use of electronic self-help.
Uniform Electronic Transactions Act
Alabama H.B. 170
Adopts the Uniform Electronic Transaction Act by adding a new Chapter 1A to Title 8 of the Code of Alabama 1975; provides for the use and legal recognition of electronic records, electronic signatures, and electronic contracts; specifies the application of the requirements of the State Records Commission and the Local Government Records Commission; provides for the provision of information in writing and the presentation of records; provides for effect of change or error, notarization, acknowledgment and retention; provides for admissibility in evidence, automated transactions, time and place of sending and receiving, and transfer; and provides for creation, retention, acceptance, and distribution by governmental agencies.
Arkansas S.B. 159
Enacts the Uniform Electronic Transactions Act.
Indiana S.B. 46
Provides that the Uniform Electronic Transaction Act applies to the Uniform Commercial Code sections on sales and leases.
Louisiana H.B. 888
Enacts the Uniform Electronic Transactions Act.
Maryland H.B. 519
Prohibits the provisions of the Maryland Uniform Electronic Transactions Act from modifying, limiting, or superseding provisions of the federal Electronic Signatures in Global and National Commerce Act related to consumers and electronic records; exempts notices of product recall or material failure of a product, documents that accompany toxic or dangerous materials, and transactions governed by laws governing family law from the Maryland Uniform Electronic Transactions Act.
Mississippi S.B. 2678
Enacts the Uniform Electronic Transactions Act.
Montana H.B. 234
Adopts the Uniform Electronic Transactions Act; allows business, commercial, and governmental transactions to occur electronically; provides recognition of electronic records, signatures and transactions.
Nevada S.B. 49
Adopts the Uniform Electronic Transactions Act.
New Hampshire S.B. 139
Enacts the Uniform Electronic Transactions Act.
New JerseyS.B. 1183
Creates the Uniform Electronic Transactions Act.
New Mexico H.B. 232
Enacts the Uniform Electronic Transaction Act and establishes standards for the use of electronic records and electronic signatures in transactions.
North Carolina S.B. 1023
Revises the Uniform Electronic Transactions Act; delineates the types of transactions to which the act does not apply; provides that a written copy must be made available or disclosed to a consumer where a statute, regulation or rule of law of North Carolina requires it.
North Dakota H.B. 1106
Adopts the Uniform Electronic Transactions Act.
Oklahoma H.B. 1322
Adds registered certification authority requirements to the Uniform Electronic Transactions Act and creates the Task Force on Electronic Commerce.
Oregon H.B. 2112
Adopts the Uniform Electronic Transactions Act.
Tennessee S.B. 376
Enacts the Uniform Electronic Transactions Act.
Texas S.B. 393
Enacts the Uniform Electronic Transaction Act.
Virginia H.B. 2411
Makes two technical amendments to the Uniform Electronic Transactions Act, deletes the court filing exclusion from UETA and amends the cross-references from Title 8.9 to Title 8.9A.
Virginia S.B. 1019
Directs the attorney general, in consultation with the secretary of technology, to develop guidelines to the Uniform Electronic Transactions Act's implications on state agencies' implementation of electronic transactions. Upon receiving the guidelines, each agency is directed to examine the provisions of the Code of Virginia specific to that agency and identify where changes are necessary to facilitate the agency's implementation of electronic transactions and report its findings to the secretary of technology.
West Virginia S.B. 204
Creates the Uniform Electronic Transactions Act.
Wyoming S.F. 116
Enacts the Uniform Electronic Transactions Act.
Miscellaneous E-Commerce
Arizona H.B. 2047
Documents required to be submitted to the office of the secretary of state may be filed electronically.
Arizona H.B. 2148
Includes all contracts with respect to a reenactment of a crime by Internet or online presentation or depiction with the accused as void against public policy unless the proceeds are paid into the Crime Victims Account.
Arizona H.B. 2205
Appropriates funds to the Department of Commerce for implementation of initiatives associated with the Arizona partnership for the new economy. Requires the Department to use the monies for initiatives relating to telecommunications infrastructure development, electronic government, high technology industry cluster business development and coordination, electronic learning, entrepreneurial business assistance and new economy marketing development.
Arizona S.B. 1044
Amends the requirements for electronically filing documents relating to the sale or offer for sale of securities.
Arizona S.B. 1247
Authorizes an agent of the Game and Fish Department to charge additional fees for providing telecommunications services to renew motorized watercraft certificates.
Arkansas H.B. 1440
Provides that out of state vendors with significant connections to the state of Arkansas must collect use tax on sales made to Arkansas customers.
Arkansas H.B. 2194
Ensures that certain electronic commerce transactions are covered by the Arkansas Hot Check Law.
Arkansas S.B. 828
Creates the Arkansas Internet Prescription Consumer Protection Act.
California A.B. 780
Specifies that sales made electronically, telephonically, or by other means that result in a pesticide product being shipped to or used in the state are sales.
California S.B. 329
Adds to the list of the optional courses a course in computer applications in real estate for an applicant to take the examination to become a licensed real estate agent.
California S.B. 394
Provides that, on the basis of whether certain conditions are met, the California Internet Tax Freedom Act shall remain in effect only until January 1 of either 2003 or 2004, and as of the applicable date is repealed.
California S.B. 757
Authorizes the State Department of Health Services to investigate illegal sales of tobacco products to minors by telephone, mail, or the Internet.
Colorado H.B. 1067
Concerns real estate broker licenses, and, in connection therewith, facilitates electronic transactions.
Colorado H.B. 1138
Requires the General Government Computer Center to coordinate with the Office of Innovation and Technology and the Commission on Information Management on the development of rules, standards, procedures, and policies for electronic or digital signatures.
Connecticut H.B. 5585
Authorizes sellers of alcoholic liquor or tobacco products to use a transaction scan device to check the validity of a driver's license or identity card presented as a condition of purchasing such alcoholic liquor or tobacco products.
Connecticut H.B. 6890
Revises the Business Corporation Act by making certain changes concerning electronic transmissions, notice, filings, meetings and action of the board of directors, committees, officers, indemnification, appraisal rights and inspection rights, and revises the Nonstock Corporation Act by making certain changes concerning electronic transmissions, notice, filings, meetings and action of the board of directors, committees, officers, indemnification and inspection rights.
Connecticut S.B. 1069
Requires each domestic, foreign and alien insurer authorized to transact insurance in the state to annually, on or before March first of each year, file electronically with the National Association of Insurance Commissioners a copy of its annual statement convention blank, along with such additional filings as prescribed by the commissioner for the preceding year.
Connecticut S.B. 1315
Authorizes the secretary of the state to adopt regulations to permit limited liability company documents to be filed electronically with the office of the secretary of the state.
Delaware S.B. 169
Amends the general corporation law; provides that, in the specified circumstances, any requirement of a written ballot shall be satisfied by a ballot submitted by electronic transmission.
Delaware S.B. 173
Amends §18-302(d) and §18-404(d) of the Delaware Limited Liability Company Act to clarify the ability to act by written consent, to clarify that proxies may be granted by any legally permissible means, including by electronic transmission, and provides that written consents may be delivered by electronic transmission. Provides a definition for the term "electronic transmission."
Delaware S.B. 182
Clarifies and provides procedures largely relating to filing of tax returns by digital or other electronic means by the taxpayer so long as the form that is being submitted indicates it is submitted under penalties of perjury. Eliminates a requirement that electronic and other forms be prescribed by rule or regulation.
Florida S.B. 1880
Redefines the term electronic transmission to include telegrams, cablegrams, telephone transmissions and transmissions through Internet for purposes of proxy voting; specifies those persons who may vote on behalf of shareholder; authorizes the Department of State to discount the filing fee in an amount equal to convenience charge imposed for electronic record filing by way of contractor.
Georgia S.B. 24
Relates to the legal effect of electronic signatures and records, contest based on fraud, authentication or identification, limitations, and notarization, so as to expressly permit use of electronic records and signatures unless the provisions of Chapter 12 of Title 10 of the Official Code of Georgia Annotated are otherwise expressly referred to and limited.
Hawaii H.B. 175
Adds new tax benefits for high tech industries and amends current benefits to improve them.
Hawaii S.B. 1276
Prohibits the bad faith registration of domain names on the Internet and establishes penalties.
Idaho H.B. 112
Amends existing law to provide a nonrefundable credit against taxes for electronically filed tax returns filed beginning on and after January 1, 2002.
Idaho H.B. 133
Allows businesses incorporated in Idaho to accept shareholder proxy votes by electronic means, including facsimile, telegram, telephonically, or by electronic mail.
Idaho H.C.R. 31
Authorizes the Legislative Council to appoint a committee to undertake and complete a study of electronic commerce and technology.
Illinois S.B. 250
Amends the Trusts and Trustees Act. Provides that the presumption of receipt of a current account applies to the mailing or delivery of an account by electronic means or the provision of access to an account by electronic means if the beneficiary has agreed to receive electronic delivery or access.
Illinois S.B. 417
Provides that the tax imposed on manufacturers and importing distributors may be paid electronically.
Illinois S.B. 1048
Amends the Probate Act of 1975. Provides that a sale of a decedent's real estate may be conducted by means of the Internet or any other electronic medium as approved by the court. Provides that the notice required to be given by means of the Internet or other electronic medium must include a statement that public access to the Internet is available at public libraries. Provides that any notice required to be given by means of the Internet or other electronic medium is in addition to any other notice required in connection with a public sale of a decedent's real estate.
Indiana S.B. 474
Provides that an electronic record of the Bureau of Motor Vehicles obtained from the Bureau by digital signature that bears an electronic signature is admissible in a court proceeding as if the copy were the original. Specifies that fees imposed to obtain a certified copy of a record or an electronic record from the Bureau of Motor Vehicles apply to law enforcement agencies and to agencies of government. Requires the Bureau of Motor Vehicles to give precedence to requests from law enforcement agencies and agencies of government for certified copies of records. Provides that in a proceeding, prosecution, or hearing where the prosecuting attorney must prove that the defendant had a prior conviction for a motor vehicle offense, the relevant portions of a certified computer printout or electronic copy made from the records of the Bureau of Motor Vehicles are admissible as prima facie evidence of the prior conviction. Repeals provisions concerning certified abstracts of operating records.
Indiana S.B. 489
Relates to business entity matters. Provides reduced fees or eliminates fees for certain items filed electronically. Allows electronic signatures on certain electronic filings.
Indiana S.B. 554
Defines dealer for purposes of the motor vehicle law to include a person who directly sells 12 or more vehicles each year over the Internet for delivery in Indiana. Requires an Internet dealer to have an established place of business in Indiana. Requires an Internet dealer to provide the Bureau of Motor Vehicles with the name, address, and telephone number of the person who has control of business records located outside Indiana when the records are created by the sale of a vehicle through the use of the Internet to an Indiana resident. Requires an Internet dealer to notify the Bureau of any change in this information within 10 days. Requires an Internet dealer to deliver the motor vehicle to the customer at the place of business of the dealer in Indiana.
Louisiana H.B. 1736
Defines domain name and Internet. Prohibits a person from registering a domain name that consists of the name of another living person, or an alias or nickname by which the person is commonly known, without the person's consent, with the intent to profit from the sale of such domain name. Prohibits a person from attempting to resell or from reselling the domain name of another person for a profit. Provides that a violation shall be a deceptive and unfair trade practice.
Louisiana H.B. 1899
Provides for the admissibility into evidence of electronic records.
Maine L.D. 1222
Repeals the prohibition against an electronic or digital signature on a durable power of attorney or deed, mortgage or other document affecting title to real property in order to bring Maine law into conformity with federal law.
Maine L.D. 1736
Clarifies that transactions entered into following electronic mail solicitations by lenders and creditors are subject to the Maine Consumer Credit Code.
Maryland H.B. 14
Establishes an Electronic Transaction Education, Advocacy, and Mediation Unit in the Office of the Attorney General; establishes that the purpose of the unit is to protect the privacy of individuals' personal information and to protect the public from unlawful conduct or practices in electronic transactions; specifies the duties of the unit; and authorizes the unit to adopt regulations at the direction of the attorney general.
Minnesota S.F. 969
Enables peace officers to execute search warrants on foreign corporations doing business in Minnesota to search for electronic evidence; allows Minnesota corporations engaged in electronic communication services or remote computing services to provide electronic evidence when served with search warrants issued from other jurisdictions.
Missouri H.B. 453
Expands acceptable methods for electronic storage of business and public records to include computer-generated electronic or digital retrieval systems.
Montana H.B. 148
Relates to electronic filing for gasoline and special fuel taxes; extends the due date for gasoline or special fuel taxes paid by electronic funds transfer; allows a taxpayer to file an electronic claim for a refund on fuel taxes paid.
Montana H.B. 220
Revises provisions of the Montana Credit Union Act; provides that electronically generated and stored credit union records are admissible as evidence of a transaction.
Nevada S.B. 33
Provides for the use of electronic wills and electronic trusts.
Nevada S.B. 50
Provides that a trade secret which is misappropriated and posted on the Internet remains a trade secret under certain circumstances; authorizes a court to issue an order or injunction requiring the immediate removal of a misappropriated trade secret from the Internet.
Nevada S.B. 397
Prohibits certain acts related to drugs and Internet pharmacies; prohibits practitioners and other persons from prescribing prescription drugs under certain circumstances; provides the attorney general with jurisdiction to prosecute certain acts related to drugs and Internet pharmacies; revises various provisions related to controlled substances and other substances and drugs; requires the state Board of Pharmacy to adopt certain regulations related to Internet pharmacies; providing penalties.
Nevada S.B. 551
Requires a provider of Internet service to provide access to certain information; authorizes certain persons to issue subpoenas to obtain such information; makes various changes concerning the sale of tobacco products or alcoholic beverages to minors through the use of the Internet.
New Hampshire H.B. 126
Amends the definition of prescription to include electronically transmitted prescriptions.
New Jersey A.R. 146
Memorializes Congress to pass legislation prohibiting the unauthorized used of an Internet service provider's e-mail system to send unsolicited commercial e-mail.
New Jersey A.R. 162
S.R. 84
Urges entities that provide transit services in New Jersey and region to promote use of regional fare card by adopting mutually compatible electronic fare collection systems.
New Mexico H.B. 608
Amends the Electronic Authentication of Documents Act; provides for technological neutrality; changes definitions; provides broad rule-making authority; changes responsibility for electronic authentication of documents from the secretary of state to the Information Technology Management Office.
New York A.B. 83
Enacts provisions requiring the registration of nonresident pharmacies that ship, mail, or deliver prescription drugs and devices to other registered pharmacies or patients in this state; requires designation of in-state agent and lists conditions of registration.
New York S.B. 1204
Provides that real estate appraisers may complete continuing education requirements through computer based or distance learning courses so long as providers demonstrate the ability to monitor and verify participation for specified time periods.
New York S.B. 5332
Provides that a collateral loan broker may not engage in the purchase of second-hand goods unless expressly permitted by law to do so; that nothing shall prohibit the sale of second-hand property upon property where such collateral loan business is conducted nor prohibit the purchase of new property nor the purchase of second-hand property at estate sales, auction sales, Internet sales or from commercial sellers of second-hand articles.
North Dakota H.C.R. 3012
Urges Congress to reject any attempt to extend the Internet Tax Freedom Act moratorium on imposition of state and local taxes on internet access and on electronic commerce transactions.
North Dakota S.B. 2152
Amends and reenacts §§36-05.1-01, 36-05.1-02, 36-05.1-03, 36-05.1-04, 36-05.1-06, and 36-05.1-07 of the North Dakota Century Code, relating to adopting laws on satellite video livestock auctions to include the licensing of internet livestock auction markets.
Oklahoma H.B. 1322
Creates the Task Force on Electronic Commerce.
Oregon H.B. 2040
Requires the Oregon Department of Administrative Services to adopt rules for the use of digital signatures by state agencies, including control processes and procedures to ensure adequate integrity, security and confidentiality of state agency business transactions conducted using electronic commerce, and to ensure that those transactions can be audited as may be necessary for the normal conduct of business.
Oregon H.B. 2627
Authorizes that prescription drug orders may be transmitted by electronic means from a practitioner authorized to prescribe drugs directly to the dispensing pharmacist.
Oregon S.B. 229
Authorizes Economic and Community Development Department to designate up to four existing enterprise zones as electronic commerce zones. Exempts certain property of business firms engaged in electronic commerce from property taxation if located in enterprise zone designated for electronic commerce. Allows credit against income or corporate excise tax equal to 25 percent of specified investments within zone, not to exceed lesser of $2 million or tax liability of taxpayer. Authorizes one city with specific characteristics to be designated for electronic commerce under specified circumstances.
Oregon S.B. 660
Prohibits this state, and the municipal corporations and political subdivisions of this state, from imposing, assessing, collecting or attempting to collect a tax on Internet access or the use of Internet access if the tax was not in effect on the effective date of this 2001 Act.
Oregon S.B. 755
Prohibits a person engaged in an Internet gambling business from knowingly accepting, in connection with the participation of another person in unlawful gambling using the Internet, credit cards, checks or electronic funds transfers.
Tennessee S.B. 374
Authorizes a dental service plan corporation to maintain its business records as data using any commercially acceptable electronic means.
Texas H.B. 99
Requires the Texas State Board of Pharmacy to adopt rules regarding the sale and delivery of drugs by use of electronic media, including the Internet. Requires a pharmacy that sells or distributes drugs through the Internet to link its site to the site maintained by the State Board of Pharmacy.
Texas H.B. 1166
Relates to regulation of the business of selling checks, including electronic checks.
Texas H.B. 3016
Relates to the use of certain electronically readable information to comply with certain provisions of the Alcoholic Beverage Code; providing a penalty.
Texas S.B. 276
Relates to the application of an embossed seal to an electronic document.
Texas S.B. 935
States that an electronic return originator who is an authorized Internal Revenue Service e-file provider is not required to obtain a license to make, negotiate, or transact a loan that is based on a person's federal income tax refund on behalf of a bank, savings bank, savings and loan association, or credit union.
Texas S.B. 1667
Authorizes alcoholic beverage permittees to retain all required records in electronic or microfiche formats on or off the premises of the permittees.
Utah H.B. 52
Requires that employers with over 250 employees file quarterly wage data on magnetic media or electronically.
Utah H.B. 295
Modifies provisions relating to corporations; defines electronic transmission; allows proxy voting for corporations to be conducted by electronic transmission.
Utah S.B. 30
Modifies the Individual Income Tax Act to require employers who file Form W-2 with the Internal Revenue Service in an electronic format to also file Form W-2 in an electronic format with the State Tax Commission.
Utah S.J.R. 11
Encourages the Utah Tax Review Commission to study and develop a plan to minimize taxes and remove burdens imposed by the taxes on persons using developing technologies. Urges that this study and plan incorporate the principles of opposing certain taxes, and minimizing the application of taxes and administrative burdens on business conducted through the use of developing technologies. Authorizes the plan developed by the Utah Tax Review Commission to provide for the imposition of sales or use taxes on a transaction conducted through the use of developing technologies to the extent that the transaction would be taxable if the transaction was not conducted through the use of developing technologies.
Vermont H.B. 202
Authorizes business corporations and nonprofit corporations to accept appointment of proxies and the voting of shares by electronic transmission if their bylaws so provide.
Virginia H.B. 1591
Authorizes pawnbrokers to maintain required records electronically. Upon request by a law-enforcement official, pawnbrokers are required to make such electronic records available. Allows a pawnbroker to charge a service fee for making daily electronic reports to law-enforcement officials and further provides that the fee shall not exceed five percent of the amount loaned or three dollars, whichever is less.
Virginia H.B. 1716
Requires the executive organ of a condominium unit owners' association or the board of directors of a property owners' association to publish notice of its meetings where it is reasonably calculated to be available to a majority of unit or lot owners. Defines meeting. Prohibits the executive organ or board of directors from using work sessions or other informal gatherings to circumvent meeting notice and executive session requirements and requires the executive organ or board of directors to establish a reasonable, effective and free method for owners to communicate among themselves and with the executive organ or board regarding any matter concerning the association, appropriate to the size and nature of the condominium or development.
Virginia H.B. 1774
Virginia S.B. 852
Provides that an employer who furnishes 250 or more withholding tax statements to employees must file the annual withholding report using an electronic medium. An employer who furnishes less than 250 statements may file the annual report using an electronic medium. This requirement is effective for annual reports filed on and after January 1, 2002, and the Tax Commissioner may waive the requirement if it creates an unreasonable burden on the employer. The Tax Commissioner is to adopt guidelines providing standards for filing the annual report on an electronic medium.
Virginia H.B. 2387
Makes several amendments to the Uniform Computer Information Transactions Act (UCITA) (§ 59.1-501.1 et seq.) and the Virginia Consumer Protection Act (VCPA) (§ 59.1-196 et seq.). Changes UCITA's references to other laws or rules to other statutes, administrative rules, regulations or procedures where applicable. Changes references to the VCPA to other consumer protection statutes, administrative rules or regulations including, but not limited to, the VCPA. Provides that a mass-market license may be transferred if such transfer involves making a gift or donation of a computer along with mass-market software to a public school, a public library, a charity or a consumer. Amends the definition of goods as used in the VCPA to include computer information and informational rights as defined in UCITA.
Virginia H.B. 2412
Amends several provisions of the Uniform Computer Information Transactions Act (UCITA) to clarify the definitions of electronic agent and mass-market transaction; modifies UCITA's scope over motion pictures and online service providers; clarifies the applicability of other statutes, rules and regulations; provides that a contract term that specifies a judicial forum must be expressly stated, and in a mass-market transaction, such contract term must be expressly and conspicuously stated; modifies the terms of mass-market licenses; creates a special rule for using standard form licenses with nonprofit libraries, archives, and educational institutions; modifies the terms governing transferability; clarifies the definition of automatic restraint; and modifies the restrictions on use of electronic self-help.
Virginia S.B. 979
Allows the Motor Vehicle Dealer Board to provide discounts and other incentives to encourage its licensees to conduct their business with the Board by means of electronic technologies and for multi-year periods.
Virginia S.B. 1017
Amends the definition of consumer transaction to include license, goods to include computer information and informational rights, services to include electronic access to information system, and supplier to include licensors of computer information as used in the Virginia Consumer Protection Act.
Virginia S.B. 1019
Directs the attorney general, in consultation with the secretary of technology, to develop guidelines to the Uniform Electronic Transactions Act's implications on state agencies' implementation of electronic transactions. Upon receiving the guidelines, each agency is directed to examine the provisions of the Code of Virginia specific to that agency and identify where changes are necessary to facilitate the agency's implementation of electronic transactions and report its findings to the secretary of technology.
Washington H.B. 1501
Authorizes the electronic filing of corporation and limited liability company annual reports
Washington H.B. 1632
Washington S.B. 5799
Provides that a person shall not knowingly misrepresent a person's identity or authorization to obtain a public key certificate used to reference a private key for creating a digital signature. Provides that a person shall not knowingly forge a digital signature as defined in RCW 19.34.020(16). Declares that a person shall not knowingly present a public key certificate for which the person is not the owner of the corresponding private key in order to obtain unauthorized access to information or engage in an unauthorized transaction. Provides that a person who violates this act is guilty of a class C felony.
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