HB 571/FN (BR 841) - C. Geveden, J. Richards, S. Riggs
AN ACT adopting the Uniform Electronic Transactions Act, and making changes incidental thereto.
Create new sections of KRS Chapter 369 to adopt the Uniform Electronic Transactions Act (UETA) drafted by the National Conference of Commissioners on Uniform State Laws to provide uniform rules to govern transactions in electronic commerce in every state; define "electronic signature" as an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record; define "transaction" as an action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs; define various additional terms; direct that UETA apply to electronic records and electronic signatures relating to a transaction; provide exemptions; provide that UETA apply to electronic records or electronic signatures created, generated, sent, communicated, received, or stored on or after the effective date of this Act; direct that UETA does not require the creation or use of an electronic record or electronic signature; direct that UETA apply only to transactions in which each party has agreed by some means to conduct them electronically; allow a party who agrees to conduct a transaction by electronic means to refuse to conduct other transactions electronically; permit the provisions of UETA to be varied by agreement; describe how UETA is to be construed and applied; provide that a record or signature may not be denied legal effect or enforceability solely because it its in electronic form; provide that a contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation; direct that any law that requires a record to be in writing will be satisfied by an electronic record; direct that any signature requirement in the law will be satisfied by an electronic signature; describe the relationship between UETA and other law; prescribe attribution and effect of an electronic record or electronic signature; establish rules regarding errors and changes in messages; provide for notarization and acknowledgment by electronic signature under certain conditions; set forth rules for retention of electronic records; allow a governmental agency to specify additional requirements for record retention subject to the agency's jurisdiction; prohibit, in a proceeding, exclusion of evidence of a record or signature solely because it is in electronic form; prescribe rules for automated transactions; establish when and from what place information is legally sent or received in electronic form; prescribe rules for transferable records, as defined in the Uniform Commercial Code; direct each governmental agency to determine whether, and the extent to which it will create electronic records and direct the Department of Libraries and Archives to determine whether, and the extent to which, the Commonwealth will retain electronic records and convert written records to electronic records; allow each governmental agency, in compliance with standards established by the Governor's Office for Technology, to determine its use of sending and accepting electronic records; authorize the Governor's Office for Technology to specify the manner and format; authorize governmental agency to specify the type of electronic signature required, the manner and format in which it is affixed to a record, and the identity of, or criteria that must be met by, any third party used by a person filing a document; allow a governmental agency to specify any other required attributes for electronic records; direct that UETA does not require a governmental agency to use or permit the use of electronic records or electronic signatures; designate the Governor's Office for Technology to set standards for the use of electronic records and signatures that promote consistency and interoperability between governmental agencies; provide severability clause; direct that UETA applies to contracts created or renegotiated on and after the effective date of this Act; provide that contracts based on the repealed KRS 369.010 to 369.030 shall continue under their terms until those contracts expire or are renegotiated and direct that the application of the repealed electronic signature statutes to those contracts shall continue as if the specified statutes had not been repealed; make technical amendment; repeal KRS 369.010 (Legislative intent of KRS 369.010 to 369.030), 369.020 (Definitions for KRS 369.010 to 369.030), and 369.030 (Use of electronic record or electronic signature--Construction and scope of); establish August 1, 2000, as the effective date of this Act.
HB 571 - AMENDMENTS
SFA (1, W. Blevins) - Exempt certain consumer protection statutes from application of the Act; regarding consumer contracts entered for personal, family, or household reasons, establish circumstances by which an electronic agent provides an opportunity for the prevention or correction of an error; establish rules that apply to a transaction entered into by an individual for personal, family, or household purposes.
Feb 3-introduced in House
Feb 4-to State Government (H)
Feb 9-posted in committee
Feb 22-reported favorably, 1st reading, to Calendar
Feb 23-2nd reading, to Rules
Feb 25-recommitted to Appropriations and Revenue (H)
Mar 1-posted in committee
Mar 9-reported favorably, to Rules
Mar 10-posted for passage in the Regular Orders of the Day for Monday, March 13, 2000
Mar 13-3rd reading, passed 95-0
Mar 14-received in Senate
Mar 16-to Economic Development, Tourism & Labor (S)
Mar 20-reported favorably, 1st reading, to Calendar
Mar 21-2nd reading, to Rules; floor amendment (1) filed
Mar 22-posted for passage in the Regular Orders of the Day for Thursday, March 23, 2000
Mar 24-3rd reading; floor amendment (1) withdrawn ; passed 34-0
Mar 27-received in House; enrolled, signed by each presiding officer, delivered to Governor
Apr 3-signed by Governor (Acts ch. 301)