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S1334................................................by JUDICIARY AND RULES
UNIFORM ELECTRONIC TRANSACTION ACT - Adds to existing law to establish the
Uniform Electronic Transactions Act; to provide a short title; to provide
definitions; to provide application; to provide for use of electronic
records and signatures; to provide for legal recognition of electronic
records, electronic signatures and electronic contracts; to provide for
treatment of information required to be in writing; to provide for
attribution and effect of electronic records and electronic signatures; to
provide for effect of change or error; to provide notarization and
acknowledgment; to provide for retention of electronic records and use of
originals; to provide for admissibility in evidence; to provide for
treatment of automated transactions; to provide time and place of sending a
receipt; to provide for treatment of transferable records; to provide for
creation and retention of electronic records and conversion of written
records; to provide for acceptance and distribution of electronic records
by governmental agencies; to provide interoperability; and to provide
severability.
02/01 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Com/HuRes
02/09 Rpt out - rec d/p - to 2nd rdg
02/10 2nd rdg - to 3rd rdg
02/14 To 14th Ord
02/22 Rpt out - w/o amen - to 3rd rdg
03/02 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- Ipsen
Floor Sponsor - Davis
Title apvd - to House
03/03 House intro - 1st rdg - to Bus
03/22 Rpt out - rec d/p - to 2nd rdg
03/23 2nd rdg - to 3rd rdg
03/31 3rd rdg - PASSED - 66-0-4
AYES -- Alltus, Barrett, Bell, Bieter, Black, Boe, Bruneel,
Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones(Jones), Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stoicheff, Stone, Taylor,
Tilman, Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Barraclough, Loertscher, Stevenson, Mr Speaker
Floor Sponsor - Chase
Title apvd - to Senate
04/03 To enrol
04/04 Rpt enrol - Pres signed - Sp signed
04/05 To Governor
04/14 Governor signed
Session Law Chapter 286
Effective: 07/01/00
S1334
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1334
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO COMMERCIAL TRANSACTIONS; AMENDING TITLE 28, IDAHO CODE, BY THE
3 ADDITION OF A NEW CHAPTER 50, TITLE 28, IDAHO CODE, TO ESTABLISH THE UNI-
4 FORM ELECTRONIC TRANSACTIONS ACT, TO PROVIDE A SHORT TITLE, TO PROVIDE
5 DEFINITIONS, TO PROVIDE SCOPE, TO PROVIDE PROSPECTIVE APPLICATION, TO PRO-
6 VIDE FOR USE OF ELECTRONIC RECORDS AND SIGNATURES, TO PROVIDE CONSTRUCTION
7 AND APPLICATION, TO PROVIDE FOR LEGAL RECOGNITION OF ELECTRONIC RECORDS,
8 ELECTRONIC SIGNATURES AND ELECTRONIC CONTRACTS, TO PROVIDE FOR TREATMENT
9 OF INFORMATION REQUIRED TO BE IN WRITING AND PRESENTATION OF RECORDS, TO
10 PROVIDE FOR ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC
11 SIGNATURE, TO PROVIDE FOR EFFECT OF CHANGE OR ERROR, TO PROVIDE
12 NOTARIZATION AND ACKNOWLEDGMENT, TO PROVIDE FOR RETENTION OF ELECTRONIC
13 RECORDS AND USE OF ORIGINALS, TO PROVIDE FOR ADMISSIBILITY IN EVIDENCE, TO
14 PROVIDE TREATMENT OF AN AUTOMATED TRANSACTION, TO PROVIDE TIME AND PLACE
15 OF SENDING AND RECEIPT, TO PROVIDE FOR TREATMENT OF TRANSFERABLE RECORDS,
16 TO PROVIDE FOR CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION
17 OF WRITTEN RECORDS BY GOVERNMENTAL AGENCIES, TO PROVIDE FOR ACCEPTANCE AND
18 DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERNMENTAL AGENCIES, TO PROVIDE
19 INTEROPERABILITY AND TO PROVIDE SEVERABILITY.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Title 28, Idaho Code, be, and the same is hereby amended
22 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
23 ter 50, Title 28, Idaho Code, and to read as follows:
24 CHAPTER 50
25 UNIFORM ELECTRONIC TRANSACTIONS ACT
26 28-50-101. SHORT TITLE. This act may be cited as the "Uniform Electronic
27 Transactions Act."
28 28-50-102. DEFINITIONS. In this chapter:
29 (1) "Agreement" means the bargain of the parties in fact, as found in
30 their language or inferred from other circumstances and from rules, regula-
31 tions, and procedures given the effect of agreements under laws otherwise
32 applicable to a particular transaction.
33 (2) "Automated transaction" means a transaction conducted or performed,
34 in whole or in part, by electronic means or electronic records, in which the
35 acts or records of one (1) or both parties are not reviewed by an individual
36 in the ordinary course in forming a contract, performing under an existing
37 contract, or fulfilling an obligation required by the transaction.
38 (3) "Computer program" means a set of statements or instructions to be
39 used directly or indirectly in an information processing system in order to
40 bring about a certain result.
41 (4) "Contract" means the total legal obligation resulting from the par-
2
1 ties' agreement as affected by this chapter and other applicable law.
2 (5) "Electronic" means relating to technology having electrical, digital,
3 magnetic, wireless, optical, electromagnetic or similar capabilities.
4 (6) "Electronic agent" means a computer program or an electronic or other
5 automated means used independently to initiate an action or respond to elec-
6 tronic records or performances in whole or in part, without review or action
7 by an individual.
8 (7) "Electronic record" means a record created, generated, sent, communi-
9 cated, received or stored by electronic means.
10 (8) "Electronic signature" means an electronic sound, symbol or process
11 attached to or logically associated with a record and executed or adopted by a
12 person with the intent to sign the record.
13 (9) "Governmental agency" means an executive, legislative, or judicial
14 agency, department, board, commission, authority, institution, or instrumen-
15 tality of the federal government or of a state or of a county, municipality or
16 other political subdivision of a state.
17 (10) "Information" means data, text, images, sounds, codes, computer pro-
18 grams, software, databases or the like, but shall not include the electronic
19 transfer of funds to or from the state.
20 (11) "Information processing system" means an electronic system for creat-
21 ing, generating, sending, receiving, storing, displaying or processing infor-
22 mation.
23 (12) "Person" means an individual, corporation, business trust, estate,
24 trust, partnership, limited liability company, association, joint venture,
25 governmental agency, public corporation, or any other legal or commercial
26 entity.
27 (13) "Record" means information that is inscribed on a tangible medium or
28 that is stored in an electronic or other medium and is retrievable in
29 perceivable form.
30 (14) "Security procedure" means a procedure employed for the purpose of
31 verifying that an electronic signature, record, or performance is that of a
32 specific person or for detecting changes or errors in the information in an
33 electronic record. The term includes a procedure that requires the use of
34 algorithms or other codes, identifying words or numbers, encryption, or
35 callback or other acknowledgment procedures.
36 (15) "State" means a state of the United States, the District of Columbia,
37 Puerto Rico, the United States Virgin Islands, or any territory or insular
38 possession subject to the jurisdiction of the United States. The term
39 includes an Indian tribe or band, or Alaskan native village, which is recog-
40 nized by federal law or formally acknowledged by a state.
41 (16) "Transaction" means an action or set of actions occurring between two
42 (2) or more persons relating to the conduct of business, commercial or govern-
43 mental affairs.
44 28-50-103. SCOPE. (a) Except as otherwise provided in subsection (b) of
45 this section, this chapter applies to electronic records and electronic signa-
46 tures relating to a transaction.
47 (b) This chapter does not apply to a transaction to the extent it is gov-
48 erned by:
49 (1) A law governing the creation and execution of wills, codicils or tes-
50 tamentary trusts; and
51 (2) The uniform commercial code, other than sections 28-1-107 and
52 28-1-206, Idaho Code, chapter 2, title 28, Idaho Code (uniform commercial
53 code -- sales), and chapter 12, title 28, Idaho Code (uniform commercial
54 code -- leases):
3
1 (c) This chapter applies to an electronic record or electronic signature
2 otherwise excluded from the application of this chapter under subsection (b)
3 of this section to the extent it is governed by a law other than those speci-
4 fied in subsection (b) of this section.
5 (d) A transaction subject to this chapter is also subject to other appli-
6 cable substantive law.
7 28-50-104. PROSPECTIVE APPLICATION. This chapter applies to any elec-
8 tronic record or electronic signature created, generated, sent, communicated,
9 received, or stored on or after the initial effective date of this chapter.
10 28-50-105. USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES -- VARIA-
11 TION BY AGREEMENT. (a) This chapter does not require a record or signature to
12 be created, generated, sent, communicated, received, stored, or otherwise
13 processed or used by electronic means or in electronic form.
14 (b) This chapter applies only to transactions between parties each of
15 which has agreed to conduct transactions by electronic means. Whether the par-
16 ties agree to conduct a transaction by electronic means is determined from the
17 context and surrounding circumstances, including the parties' conduct.
18 (c) A party that agrees to conduct a transaction by electronic means may
19 refuse to conduct other transactions by electronic means. The right granted
20 by this subsection may not be waived by agreement.
21 (d) Except as otherwise provided in this chapter, the effect of any of
22 its provisions may be varied by agreement. The presence in certain provisions
23 of this chapter of the words "unless otherwise agreed," or words of similar
24 import, does not imply that the effect of other provisions may not be varied
25 by agreement.
26 (e) Whether an electronic record or electronic signature has legal conse-
27 quences is determined by this chapter and other applicable law.
28 28-50-106. CONSTRUCTION AND APPLICATION. This chapter must be construed
29 and applied:
30 (1) To facilitate electronic transactions consistent with other applica-
31 ble law;
32 (2) To be consistent with reasonable practices concerning electronic
33 transactions and with the continued expansion of those practices; and
34 (3) To effectuate its general purpose to make uniform the law with
35 respect to the subject of this chapter among states enacting it.
36 28-50-107. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES
37 AND ELECTRONIC CONTRACTS. (a) A record or signature may not be denied legal
38 effect or enforceability solely because it is in electronic form.
39 (b) A contract may not be denied legal effect or enforceability solely
40 because an electronic record was used in its formation.
41 (c) If a law requires a record to be in writing, an electronic record
42 satisfies the law.
43 (d) If a law requires a signature, an electronic signature satisfies the
44 law.
45 28-50-108. PROVISION OF INFORMATION IN WRITING -- PRESENTATION OF
46 RECORDS. (a) If parties have agreed to conduct a transaction by electronic
47 means and a law requires a person to provide, send, or deliver information in
48 writing to another person, the requirement is satisfied if the information is
49 provided, sent or delivered, as the case may be, in an electronic record capa-
50 ble of retention by the recipient at the time of receipt. An electronic record
4
1 is not capable of retention by the recipient if the sender or its information
2 processing system inhibits the ability of the recipient to print or store the
3 electronic record.
4 (b) If a law other than this chapter requires a record: (i) to be posted
5 or displayed in a certain manner; (ii) to be sent, communicated, or trans-
6 mitted by a specified method; or (iii) to contain information that is format-
7 ted in a certain manner, the following rules apply:
8 (1) The record must be posted or displayed in the manner specified in the
9 other law.
10 (2) Except as otherwise provided in subsection (d)(2) of this section,
11 the record must be sent, communicated or transmitted by the method speci-
12 fied in the other law.
13 (3) The record must contain the information formatted in the manner spec-
14 ified in the other law.
15 (c) If a sender inhibits the ability of a recipient to store or print an
16 electronic record, the electronic record is not enforceable against the recip-
17 ient.
18 (d) The requirements of this section may not be varied by agreement, but:
19 (1) To the extent a law other than this chapter requires information to
20 be provided, sent, or delivered in writing but permits that requirement to
21 be varied by agreement, the requirement under subsection (a) of this sec-
22 tion that the information be in the form of an electronic record capable
23 of retention may also be varied by agreement; and
24 (2) A requirement under a law other than this chapter to send, communi-
25 cate or transmit a record by regular United States mail, may be varied by
26 agreement to the extent permitted by the other law.
27 28-50-109. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC
28 SIGNATURE. (a) An electronic record or electronic signature is attributable to
29 a person if it was the act of the person. The act of the person may be shown
30 in any manner, including a showing of the efficacy of any security procedure
31 applied to determine the person to which the electronic record or electronic
32 signature was attributable.
33 (b) The effect of an electronic record or electronic signature attributed
34 to a person under subsection (a) of this section is determined from the con-
35 text and surrounding circumstances at the time of its creation, execution or
36 adoption, including the parties' agreement, if any, and otherwise as provided
37 by law.
38 28-50-110. EFFECT OF CHANGE OR ERROR. If a change or error in an elec-
39 tronic record occurs in a transmission between parties to a transaction, the
40 following rules apply:
41 (1) If the parties have agreed to use a security procedure to detect
42 changes or errors and one (1) party has conformed to the procedure, but the
43 other party has not, and the nonconforming party would have detected the
44 change or error had that party also conformed, the conforming party may avoid
45 the effect of the changed or erroneous electronic record.
46 (2) In an automated transaction involving an individual, the individual
47 may avoid the effect of an electronic record that resulted from an error made
48 by the individual in dealing with the electronic agent of another person if
49 the electronic agent did not provide an opportunity for the prevention or cor-
50 rection of the error and, at the time the individual learns of the error, the
51 individual:
52 (A) Promptly notifies the other person of the error and that the individ-
53 ual did not intend to be bound by the electronic record received by the
5
1 other person;
2 (B) Takes reasonable steps, including steps that conform to the other
3 person's reasonable instructions, to return to the other person or, if
4 instructed by the other person, to destroy the consideration received, if
5 any, as a result of the erroneous electronic record; and
6 (C) Has not used or received any benefit or value from the consideration,
7 if any, received from the other person.
8 (3) If neither subsection (1) nor (2) of this section apply, the change
9 or error has the effect provided by other law, including the law of mistake,
10 and the parties' contract, if any.
11 (4) Subsections (2) and (3) of this section may not be varied by agree-
12 ment.
13 28-50-111. NOTARIZATION AND ACKNOWLEDGMENT. If a law requires a signature
14 or record to be notarized, acknowledged, verified, or made under oath, the
15 requirement is satisfied if the electronic signature of the person authorized
16 to perform those acts, together with all other information required to be
17 included by other applicable law, is attached to or logically associated with
18 the signature or record.
19 28-50-112. RETENTION OF ELECTRONIC RECORDS -- ORIGINALS. (a) If a law
20 requires that a record be retained, the requirement is satisfied by retaining
21 an electronic record of the information in the record which:
22 (1) Accurately reflects the information set forth in the record after it
23 was first generated in its final form as an electronic record or other-
24 wise; and
25 (2) Remains accessible for later reference.
26 (b) A requirement to retain a record in accordance with subsection (a) of
27 this section does not apply to any information, the sole purpose of which is
28 to enable the record to be sent, communicated, or received.
29 (c) A person may satisfy subsection (a) of this section by using the ser-
30 vices of another person if the requirements of that subsection are satisfied.
31 (d) If a law requires a record to be presented or retained in its origi-
32 nal form, or provides consequences if the record is not presented or retained
33 in its original form, that law is satisfied by an electronic record retained
34 in accordance with subsection (a) of this section.
35 (e) If a law requires retention of a check, that requirement is satisfied
36 by retention of an electronic record of the information on the front and back
37 of the check in accordance with subsection (a) of this section.
38 (f) A record retained as an electronic record in accordance with subsec-
39 tion (a) of this section satisfies a law requiring a person to retain a record
40 for evidentiary, audit, or like purposes, unless a law enacted after the ini-
41 tial effective date of this chapter specifically prohibits the use of an elec-
42 tronic record for the specified purpose.
43 (g) This section does not preclude a governmental agency of this state
44 from specifying additional requirements for the retention of a record subject
45 to the agency's jurisdiction.
46 28-50-113. ADMISSIBILITY IN EVIDENCE. In a proceeding, evidence of a
47 record or signature may not be excluded solely because it is in electronic
48 form.
49 28-50-114. AUTOMATED TRANSACTION. In an automated transaction, the fol-
50 lowing rules apply:
51 (1) A contract may be formed by the interaction of electronic agents of
6
1 the parties, even if no individual was aware of or reviewed the electronic
2 agents' actions or the resulting terms and agreements.
3 (2) A contract may be formed by the interaction of an electronic agent
4 and an individual, acting on the individual's own behalf or for another per-
5 son, including by an interaction in which the individual performs actions that
6 the individual is free to refuse to perform and which the individual knows or
7 has reason to know will cause the electronic agent to complete the transaction
8 or performance.
9 (3) The terms of the contract are determined by the substantive law
10 applicable to it.
11 28-50-115. TIME AND PLACE OF SENDING AND RECEIPT. (a) Unless otherwise
12 agreed between the sender and the recipient, an electronic record is sent when
13 it:
14 (1) Is addressed properly or otherwise directed properly to an informa-
15 tion processing system that the recipient has designated or uses for the
16 purpose of receiving electronic records or information of the type sent
17 and from which the recipient is able to retrieve the electronic record;
18 (2) Is in a form capable of being processed by that system; and
19 (3) Enters an information processing system outside the control of the
20 sender or of a person that sent the electronic record on behalf of the
21 sender or enters a region of the information processing system designated
22 or used by the recipient which is under the control of the recipient.
23 (b) Unless otherwise agreed between a sender and the recipient, an elec-
24 tronic record is received when:
25 (1) It enters an information processing system that the recipient has
26 designated or uses for the purpose of receiving electronic records or
27 information of the type sent and from which the recipient is able to
28 retrieve the electronic record; and
29 (2) It is in a form capable of being processed by that system.
30 (c) Subsection (b) of this section applies even if the place the informa-
31 tion processing system is located is different from the place the electronic
32 record is deemed to be received under subsection (d) of this section.
33 (d) Unless otherwise expressly provided in the electronic record or
34 agreed between the sender and the recipient, an electronic record is deemed to
35 be sent from the sender's place of business and to be received at the
36 recipient's place of business. For purposes of this subsection, the following
37 rules apply:
38 (1) If the sender or recipient has more than one (1) place of business,
39 the place of business of that person is the place having the closest rela-
40 tionship to the underlying transaction.
41 (2) If the sender or the recipient does not have a place of business, the
42 place of business is the sender's or recipient's residence, as the case
43 may be.
44 (e) An electronic record is received under subsection (b) of this section
45 even if no individual is aware of its receipt.
46 (f) Receipt of an electronic acknowledgment from an information process-
47 ing system described in subsection (b) of this section establishes that a
48 record was received but, by itself, does not establish that the content sent
49 corresponds to the content received.
50 (g) If a person is aware that an electronic record purportedly sent under
51 subsection (a) of this section, or purportedly received under subsection (b)
52 of this section, was not actually sent or received, the legal effect of the
53 sending or receipt is determined by other applicable law. Except to the
54 extent permitted by the other law, the requirements of this subsection may
7
1 not be varied by agreement.
2 28-50-116. TRANSFERABLE RECORD. (a) In this section, "transferable
3 record" means an electronic record that:
4 (1) Would be a note under chapter 3, title 28, Idaho Code (uniform com-
5 mercial code -- negotiable instruments) or a document under chapter 7,
6 title 28, Idaho Code (uniform commercial code -- warehouse receipts, bills
7 of lading and other documents of title) if the electronic record were in
8 writing; and
9 (2) The issuer of the electronic record expressly has agreed is a trans-
10 ferable record.
11 (b) A person has control of a transferable record if a system employed
12 for evidencing the transfer of interests in the transferable record reliably
13 establishes that person as the person to which the transferable record was
14 issued or transferred.
15 (c) A system satisfies subsection (b) of this section, and a person is
16 deemed to have control of a transferable record, if the transferable record is
17 created, stored and assigned in such a manner that:
18 (1) A single authoritative copy of the transferable record exists which
19 is unique, identifiable, and, except as otherwise provided in paragraphs
20 (4), (5) and (6) of this subsection, unalterable;
21 (2) The authoritative copy identifies the person asserting control as:
22 (A) The person to which the transferable record was issued; or
23 (B) If the authoritative copy indicates that the transferable record
24 has been transferred, the person to which the transferable record was
25 most recently transferred;
26 (3) The authoritative copy is communicated to and maintained by the per-
27 son asserting control or its designated custodian;
28 (4) Copies or revisions that add or change an identified assignee of the
29 authoritative copy can be made only with the consent of the person assert-
30 ing control;
31 (5) Each copy of the authoritative copy and any copy of a copy is readily
32 identifiable as a copy that is not the authoritative copy; and
33 (6) Any revision of the authoritative copy is readily identifiable as
34 authorized or unauthorized.
35 (d) Except as otherwise agreed, a person having control of a transferable
36 record is the holder, as defined in section 28-1-201(20), Idaho Code, of the
37 transferable record and has the same rights and defenses as a holder of an
38 equivalent record or writing under chapters 1 through 12, title 28, Idaho Code
39 (uniform commercial code), including, if the applicable statutory requirements
40 under section 28-3-302(1), 28-7-501 or 28-9-308, Idaho Code, are satisfied,
41 the rights and defenses of a holder in due course, a holder to which a nego-
42 tiable document of title has been duly negotiated, or a purchaser, respec-
43 tively. Delivery, possession and indorsement are not required to obtain or
44 exercise any of the rights under this subsection.
45 (e) Except as otherwise agreed, an obligor under a transferable record
46 has the same rights and defenses as an equivalent obligor under equivalent
47 records or writings under chapters 1 through 12, title 28, Idaho Code (uniform
48 commercial code).
49 (f) If requested by a person against which enforcement is sought, the
50 person seeking to enforce the transferable record shall provide reasonable
51 proof that the person is in control of the transferable record. Proof may
52 include access to the authoritative copy of the transferable record and
53 related business records sufficient to review the terms of the transferable
54 record and to establish the identity of the person having control of the
8
1 transferable record.
2 28-50-117. CREATION AND RETENTION OF ELECTRONIC RECORDS AND CONVERSION OF
3 WRITTEN RECORDS BY GOVERNMENTAL AGENCIES. Each governmental agency of this
4 state shall determine whether, and the extent to which, it will create and
5 retain electronic records and convert written records to electronic records.
6 28-50-118. ACCEPTANCE AND DISTRIBUTION OF ELECTRONIC RECORDS BY GOVERN-
7 MENTAL AGENCIES. (a) Except as otherwise provided in section 28-50-112(f),
8 Idaho Code, each governmental agency of this state shall determine whether,
9 and the extent to which, it will send and accept electronic records and elec-
10 tronic signatures to and from other persons and otherwise create, generate,
11 communicate, store, process, use and rely upon electronic records and elec-
12 tronic signatures.
13 (b) To the extent that a governmental agency uses electronic records and
14 electronic signatures under subsection (a) of this section, the governmental
15 agency, giving due consideration to security, may specify:
16 (1) The manner and format in which the electronic records must be cre-
17 ated, generated, sent, communicated, received and stored and the systems
18 established for those purposes;
19 (2) If electronic records must be signed by electronic means, the type of
20 electronic signature required, the manner and format in which the elec-
21 tronic signature must be affixed to the electronic record, and the iden-
22 tity of, or criteria that must be met by, any third party used by a person
23 filing a document to facilitate the process;
24 (3) Control processes and procedures as appropriate to ensure adequate
25 preservation, disposition, integrity, security, confidentiality and
26 auditability of electronic records; and
27 (4) Any other required attributes for electronic records which are speci-
28 fied for corresponding nonelectronic records or reasonably necessary under
29 the circumstances.
30 (c) Except as otherwise provided in section 28-50-112(f), Idaho Code,
31 this chapter does not require a governmental agency of this state to use or
32 permit the use of electronic records or electronic signatures.
33 28-50-119. INTEROPERABILITY. The governmental agency of this state which
34 adopts standards pursuant to section 28-50-118, Idaho Code, may encourage and
35 promote consistency and interoperability with similar requirements adopted by
36 other governmental agencies of this and other states and the federal govern-
37 ment and nongovernmental persons interacting with governmental agencies of
38 this state. If appropriate, those standards may specify differing levels of
39 standards from which governmental agencies of this state may choose in imple-
40 menting the most appropriate standard for a particular application.
41 28-50-120. SEVERABILITY CLAUSE. If any provision of this chapter or its
42 application to any person or circumstance is held invalid, the invalidity does
43 not affect other provisions or applications of this chapter which can be given
44 effect without the invalid provision or application, and to this end the pro-
45 visions of this chapter are severable.
STATEMENT OF PURPOSE
RS 09533 Cl
This legislation enacts the Uniform Electronic Transactions Act
("UETA") approved by the National Conference of Commissioners
on Uniform State Laws at its 1999 Annual meeting. UETA is
designed to support the use of electronic commerce. The primary
objective of this Act is to establish the legal equivalence of
electronic records and signatures with paper writings and
manually-signed signatures, removing barriers to electronic
commerce.
FISCAL NOTE
This legislation will have no fiscal impact.
Contact:
Idaho Commission on Uniform State Laws
Rex Blackburn, Commissioner
(208) 384-1800
STATEMENT OF PURPOSE/FISCAL NOTE S 1314