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S1060aa.......................................................by STATE AFFAIRS
NOTICES - RECORDS - Amends existing law to provide that any notice or record
required to be sent by certified mail may be transmitted electronically if the
recipient has given express consent.
02/04 Senate intro - 1st rdg - to printing
02/05 Rpt prt - to St Aff
02/24 Rpt out - to 14th Ord
03/04 Rpt out amen - to engros
03/05 Rpt engros - 1st rdg - to 2nd rdg as amen
03/06 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 31-2-2
AYES -- Andreason, Bailey, Brandt, Burtenshaw, Calabretta, Cameron,
Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram,
Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, McWilliams,
Noh, Pearce, Richardson, Schroeder, Sorensen, Stegner, Stennett, Sweet,
Williams
NAYS -- Burkett, Werk
Absent and excused -- Bunderson, Noble
Floor Sponsor - Lodge
Title apvd - to House
03/11 House intro - 1st rdg - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/14 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 64-0-6
AYES -- Barraclough, Barrett, Bauer, Bedke, Bell, Bieter, Black, Block,
Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy,
Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk, Lake,
Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Mitchell, Moyle, Naccarato, Nielsen, Raybould, Ridinger, Ring, Ringo,
Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley,
Skippen, Smylie, Snodgrass, Stevenson, Tilman, Trail, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Andersen, Gagner, Jones, Smith(30), Smith(24),
Wills
Floor Sponsor - Schaefer
Title apvd - to Senate
03/19 To enrol
03/20 Rpt enrol - Pres signed
03/21 Sp signed
03/24 To Governor
03/27 Governor signed
Session Law Chapter 155
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1060
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AMENDING SECTION
3 28-50-107, IDAHO CODE, TO PROVIDE THAT ANY NOTICE OR RECORD REQUIRED TO BE
4 SENT BY CERTIFIED MAIL MAY BE TRANSMITTED ELECTRONICALLY IF THE RECIPIENT
5 HAS GIVEN CONSENT.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 28-50-107, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 28-50-107. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES
10 AND ELECTRONIC CONTRACTS -- ELECTRONIC TRANSMITTAL IN LIEU OF CERTIFIED MAIL.
11 (a) A record or signature may not be denied legal effect or enforceability
12 solely because it is in electronic form.
13 (b) A contract may not be denied legal effect or enforceability solely
14 because an electronic record was used in its formation.
15 (c) If a law requires a record to be in writing, an electronic record
16 satisfies the law.
17 (d) If a law requires a signature, an electronic signature satisfies the
18 law.
19 (e) If a law requires any notice or other record to be sent by certified
20 mail, the record may, with the consent of the recipient, be transmitted
21 electronically.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
Moved by Lodge
Seconded by Sorensen
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1060
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 20, following "with the" insert:
3 "express".
4 CORRECTION TO TITLE
5 On page 1, in line 5, following "GIVEN" insert: "EXPRESS".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE SENATE
SENATE BILL NO. 1060, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO THE UNIFORM ELECTRONIC TRANSACTIONS ACT; AMENDING SECTION
3 28-50-107, IDAHO CODE, TO PROVIDE THAT ANY NOTICE OR RECORD REQUIRED TO BE
4 SENT BY CERTIFIED MAIL MAY BE TRANSMITTED ELECTRONICALLY IF THE RECIPIENT
5 HAS GIVEN EXPRESS CONSENT.
6 Be It Enacted by the Legislature of the State of Idaho:
7 SECTION 1. That Section 28-50-107, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 28-50-107. LEGAL RECOGNITION OF ELECTRONIC RECORDS, ELECTRONIC SIGNATURES
10 AND ELECTRONIC CONTRACTS -- ELECTRONIC TRANSMITTAL IN LIEU OF CERTIFIED MAIL.
11 (a) A record or signature may not be denied legal effect or enforceability
12 solely because it is in electronic form.
13 (b) A contract may not be denied legal effect or enforceability solely
14 because an electronic record was used in its formation.
15 (c) If a law requires a record to be in writing, an electronic record
16 satisfies the law.
17 (d) If a law requires a signature, an electronic signature satisfies the
18 law.
19 (e) If a law requires any notice or other record to be sent by certified
20 mail, the record may, with the express consent of the recipient, be trans-
21 mitted electronically.
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STATEMENT OF PURPOSE
RS 12682
This legislation clarifies the law as it relates to electronic
alternatives to certified mail. This law provides that, in those
cases where transmission by certified mail is required, the
record may be transmitted electronically with the consent of the
recipient.
This legislation results from the work of the Electronic Commerce
Interim Committee. At the request of the Committee in 2002, the
Attorney General's office performed a review of Idaho statutes
dealing with E-Commerce to make sure Idaho law is current with
the changes taking place in this rapidly changing industry. This
legislation is a result of their evaluations.
FISCAL IMPACT
It will allow efficiencies. However, fiscal impact of the
efficiencies cannot be quantified.
Contact
Name: Sen. Patty Anne Lodge
Phone: 208/332-1339
Contact: Sens. Bunderson, Davis, Marley
Reps. Schaefer, Smylie, Eskridge, Shepherd
Contact: Ted Spangler, Idaho Tax Commission
STATEMENT OF PURPOSE/FISCAL NOTE Bill No.S 1060