Colorado 2024 Regular Session

Colorado House Bill HB1248 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0589.01 Jerry Barry x4341
1	8		HOUSE BILL 24-1248
2		-	BY REPRESENTATIVE(S) Snyder and Soper, Bird, Clifford, Frizell,
3		-	Lieder, Lindsay, Marshall, McCluskie;
4		-	also SENATOR(S) Gardner, Ginal, Gonzales, Kolker, Lundeen, Priola,
5		-	Rich, Roberts, Smallwood
6		-	.
	9	+	House Committees Senate Committees
	10	+	Judiciary Judiciary
	11	+	A BILL FOR AN ACT
7	12		C
8		-	ONCERNING THE "UNIFORM NON-TESTAMENTARY ELECTRONIC ESTATE
9		-	PLANNING DOCUMENTS ACT".
10		-	Be it enacted by the General Assembly of the State of Colorado:
11		-	SECTION 1. In Colorado Revised Statutes, add article 24 to title
12		-	15 as follows:
13		-	ARTICLE 24
14		-	Uniform Non-Testamentary Electronic Estate Planning
15		-	Documents Act
16		-	PART 1
17		-	GENERAL PROVISIONS AND DEFINITIONS
	13	+	ONCERNING THE "UNIFORM NON-TESTAMENTARY ELECTRONIC101
	14	+	E
	15	+	STATE PLANNING DOCUMENTS ACT".102
	16	+	Bill Summary
	17	+	(Note: This summary applies to this bill as introduced and does
	18	+	not reflect any amendments that may be subsequently adopted. If this bill
	19	+	passes third reading in the house of introduction, a bill summary that
	20	+	applies to the reengrossed version of this bill will be available at
	21	+	http://leg.colorado.gov/
	22	+	.)
	23	+	Colorado Commission on Uniform State Laws. The bill enacts
	24	+	the "Uniform Non-Testamentary Electronic Estate Planning Documents
	25	+	Act". The bill clarifies when and how electronic documents may be used
	26	+	in estate planning documents other than wills.
	27	+	SENATE
	28	+	3rd Reading Unamended
	29	+	March 28, 2024
	30	+	SENATE
	31	+	2nd Reading Unamended
	32	+	March 27, 2024
	33	+	HOUSE
	34	+	3rd Reading Unamended
	35	+	March 4, 2024
	36	+	HOUSE
	37	+	2nd Reading Unamended
	38	+	March 1, 2024
	39	+	HOUSE SPONSORSHIP
	40	+	Snyder and Soper, Bird, Clifford, Frizell, Lieder, Lindsay, Marshall, McCluskie
	41	+	SENATE SPONSORSHIP
	42	+	Gardner, Ginal, Gonzales, Kolker, Lundeen, Priola, Rich, Roberts, Smallwood
	43	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	44	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	45	+	Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
	46	+	SECTION 1. In Colorado Revised Statutes, add article 24 to title2
	47	+	15 as follows:3
	48	+	ARTICLE 244
	49	+	Uniform Non-Testamentary Electronic Estate Planning5
	50	+	Documents Act6
	51	+	PART 17
	52	+	GENERAL PROVISIONS AND DEFINITIONS8
18	53		15-24-101. Short title. T
19		-	HIS ARTICLE 24 MAY BE CITED AS THE
20		-	"UNIFORM NON-TESTAMENTARY ELECTRONIC ESTATE PLANNING
21		-	DOCUMENTS ACT".
22		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
23		-	officers and the Governor. To determine whether the Governor has signed the bill
24		-	or taken other action on it, please consult the legislative status sheet, the legislative
25		-	history, or the Session Laws.
26		-	________
27		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
28		-	through words or numbers indicate deletions from existing law and such material is not part of
29		-	the act. 15-24-102. Definitions. I N THIS ARTICLE 24:
	54	+	HIS ARTICLE 24 MAY BE CITED AS THE9
	55	+	"U
	56	+	NIFORM NON-TESTAMENTARY ELECTRONIC ESTATE PLANNING10
	57	+	D
	58	+	OCUMENTS ACT".11
	59	+	15-24-102. Definitions. I
	60	+	N THIS ARTICLE 24:12
30	61		(1) "E
31		-	LECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING
32		-	ELECTRICAL
33		-	, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC,
34		-	OR SIMILAR CAPABILITIES.
	62	+	LECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING13
	63	+	ELECTRICAL, DIGITAL, MAGNETIC , WIRELESS, OPTICAL,14
	64	+	ELECTROMAGNETIC, OR SIMILAR CAPABILITIES.15
35	65		(2) "E
36		-	LECTRONIC RECORD" MEANS A RECORD CREATED, GENERATED,
37		-	SENT, COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC MEANS .
	66	+	LECTRONIC RECORD " MEANS A RECORD CREATED ,16
	67	+	GENERATED, SENT, COMMUNICATED , RECEIVED, OR STORED BY17
	68	+	ELECTRONIC MEANS.18
38	69		(3) "E
39		-	LECTRONIC SIGNATURE" MEANS AN ELECTRONIC SYMBOL OR
40		-	PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A RECORD AND
41		-	EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE
42		-	RECORD
43		-	.
	70	+	LECTRONIC SIGNATURE" MEANS AN ELECTRONIC SYMBOL OR19
	71	+	PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A RECORD AND20
	72	+	EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE21
	73	+	RECORD.22
44	74		(4) "I
45		-	NFORMATION" INCLUDES DATA, TEXT, IMAGES, CODES,
46		-	COMPUTER PROGRAMS , SOFTWARE, AND DATABASES.
	75	+	NFORMATION" INCLUDES DATA, TEXT, IMAGES, CODES,23
	76	+	COMPUTER PROGRAMS , SOFTWARE, AND DATABASES.24
47	77		(5) "N
48		-	ON-TESTAMENTARY ESTATE PLANNING DOCUMENT " MEANS A
49		-	RECORD RELATING TO ESTATE PLANNING THAT IS READABLE AS TEXT AT THE
50		-	TIME OF SIGNING AND IS NOT A WILL OR CONTAINED IN A WILL
51		-	. THE TERM:
	78	+	ON-TESTAMENTARY ESTATE PLANNING DOCUMENT " MEANS25
	79	+	A RECORD RELATING TO ESTATE PLANNING THAT IS READABLE AS TEXT AT26
	80	+	THE TIME OF SIGNING AND IS NOT A WILL OR CONTAINED IN A WILL . THE27
	81	+	1248
	82	+	-2- TERM:1
52	83		(a) I
53		-	N THIS ARTICLE 24, IS LIMITED TO A RECORD THAT CREATES ,
54		-	EXERCISES, MODIFIES, RELEASES, OR REVOKES:
	84	+	N THIS ARTICLE 24, IS LIMITED TO A RECORD THAT CREATES,2
	85	+	EXERCISES, MODIFIES, RELEASES, OR REVOKES:3
55	86		(I) A
56		-	TRUST INSTRUMENT;
	87	+	TRUST INSTRUMENT;4
57	88		(II) A
58		-	TRUST POWER THAT UNDER THE TERMS OF THE TRUST
59		-	REQUIRES A SIGNED RECORD
60		-	;
	89	+	TRUST POWER THAT UNDER THE TERMS OF THE TRUST5
	90	+	REQUIRES A SIGNED RECORD;6
61	91		(III) A
62		-	CERTIFICATION OF A TRUST PURSUANT TO SECTION 15-5-1013;
	92	+	CERTIFICATION OF A TRUST PURSUANT TO SECTION7
	93	+	15-5-1013;8
63	94		(IV) A
64		-	POWER OF ATTORNEY THAT IS DURABLE PURSUANT TO THE
65		-	"UNIFORM POWER OF ATTORNEY ACT", PART 7 OF ARTICLE 14 OF THIS TITLE
66		-	15;
	95	+	POWER OF ATTORNEY THAT IS DURABLE PURSUANT TO THE9
	96	+	"U
	97	+	NIFORM POWER OF ATTORNEY ACT", PART 7 OF ARTICLE 14 OF THIS10
	98	+	TITLE 15;11
67	99		(V) A
68		-	N AGENT'S CERTIFICATION PURSUANT TO SECTION 15-14-719
69		-	OF THE VALIDITY OF A POWER OF ATTORNEY AND THE AGENT 'S AUTHORITY;
	100	+	N AGENT'S CERTIFICATION PURSUANT TO SECTION 15-14-71912
	101	+	OF THE VALIDITY OF A POWER OF ATTORNEY AND THE AGENT 'S13
	102	+	AUTHORITY;14
70	103		(VI) A
71		-	POWER OF APPOINTMENT;
72		-	PAGE 2-HOUSE BILL 24-1248 (VII) AN ADVANCE DIRECTIVE, INCLUDING A HEALTH-CARE POWER
73		-	OF ATTORNEY
74		-	, DIRECTIVE TO PHYSICIANS, NATURAL DEATH STATEMENT ,
75		-	LIVING WILL, AND MEDICAL OR PHYSICIAN ORDER FOR LIFE -SUSTAINING
76		-	TREATMENT
77		-	;
	104	+	POWER OF APPOINTMENT;15
	105	+	(VII) A
	106	+	N ADVANCE DIRECTIVE, INCLUDING A HEALTH-CARE POWER16
	107	+	OF ATTORNEY, DIRECTIVE TO PHYSICIANS, NATURAL DEATH STATEMENT ,17
	108	+	LIVING WILL, AND MEDICAL OR PHYSICIAN ORDER FOR LIFE -SUSTAINING18
	109	+	TREATMENT;19
78	110		(VIII) A
79		-	RECORD DIRECTING DISPOSITION OF AN INDIVIDUAL'S BODY
80		-	AFTER DEATH
81		-	;
	111	+	RECORD DIRECTING DISPOSITION OF AN INDIVIDUAL 'S20
	112	+	BODY AFTER DEATH;21
82	113		(IX) A
83		-	NOMINATION OF A GUARDIAN FOR THE SIGNING INDIVIDUAL ;
	114	+	NOMINATION OF A GUARDIAN FOR THE SIGNING INDIVIDUAL ;22
84	115		(X) A
85		-	NOMINATION OF A GUARDIAN FOR A MINOR CHILD OR DISABLED
86		-	ADULT CHILD
87		-	;
	116	+	NOMINATION OF A GUARDIAN FOR A MINOR CHILD OR23
	117	+	DISABLED ADULT CHILD;24
88	118		(XI) A
89		-	MENTAL HEALTH TREATMENT DECLARATION ;
	119	+	MENTAL HEALTH TREATMENT DECLARATION ;25
90	120		(XII) A
91		-	DISCLAIMER PURSUANT TO THE "UNIFORM DISCLAIMER OF
92		-	PROPERTY INTERESTS ACT", PART 12 OF ARTICLE 11 OF THIS TITLE 15; AND
93		-	(XIII) A SEPARATE WRITING OR MEMORANDUM PURSUANT TO
94		-	SECTION
95		-	15-11-513;
	121	+	DISCLAIMER PURSUANT TO THE "UNIFORM DISCLAIMER OF26
	122	+	P
	123	+	ROPERTY INTERESTS ACT", PART 12 OF ARTICLE 11 OF THIS TITLE 15; AND27
	124	+	1248
	125	+	-3- (XIII) A SEPARATE WRITING OR MEMORANDUM PURSUANT TO1
	126	+	SECTION 15-11-513;2
96	127		(b) E
97		-	XCLUDES ALL OTHER NON-TESTAMENTARY ESTATE PLANNING
98		-	DOCUMENTS
99		-	, INCLUDING:
	128	+	XCLUDES ALL OTHER NON-TESTAMENTARY ESTATE PLANNING3
	129	+	DOCUMENTS, INCLUDING:4
100	130		(I) A
101		-	DEED OF REAL PROPERTY, INCLUDING A BENEFICIARY DEED
102		-	PURSUANT TO PART
103		-	4 OF ARTICLE 15 OF THIS TITLE 15;
	131	+	DEED OF REAL PROPERTY, INCLUDING A BENEFICIARY DEED5
	132	+	PURSUANT TO PART 4 OF ARTICLE 15 OF THIS TITLE 15;6
104	133		(II) A
105		-	CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, WATERCRAFT,
106		-	OR AIRCRAFT; AND
107		-	(III) SUBJECT TO SECTION 15-24-201 (2)(b)(III), ANY RECORD OF A
108		-	MULTIPLE
109		-	-PARTY AGREEMENT OR OTHER CONTRACTUAL ARRANGEMENT NOT
110		-	IDENTIFIED IN SUBSECTION
111		-	(5)(a) OF THIS SECTION.
	134	+	CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, WATERCRAFT,7
	135	+	OR AIRCRAFT; AND8
	136	+	(III) S
	137	+	UBJECT TO SECTION 15-24-201 (2)(b)(III), ANY RECORD OF9
	138	+	A MULTIPLE-PARTY AGREEMENT OR OTHER CONTRACTUAL ARRANGEMENT10
	139	+	NOT IDENTIFIED IN SUBSECTION (5)(a) OF THIS SECTION.11
112	140		(6) "P
113		-	ERSON" MEANS AN INDIVIDUAL , ESTATE, BUSINESS OR
114		-	NONPROFIT ENTITY
115		-	, GOVERNMENT OR GOVERNMENTAL SUBDIVISION ,
116		-	AGENCY, OR INSTRUMENTALITY, OR OTHER LEGAL ENTITY.
	141	+	ERSON" MEANS AN INDIVIDUAL, ESTATE, BUSINESS OR12
	142	+	NONPROFIT ENTITY, GOVERNMENT OR GOVERNMENTAL SUBDIVISION ,13
	143	+	AGENCY, OR INSTRUMENTALITY, OR OTHER LEGAL ENTITY.14
117	144		(7) "P
118		-	OWER OF ATTORNEY " MEANS A RECORD THAT GRANTS
119		-	AUTHORITY TO AN AGENT TO ACT IN PLACE OF THE PRINCIPAL
120		-	, EVEN IF THE
121		-	PAGE 3-HOUSE BILL 24-1248 TERM IS NOT USED IN THE RECORD.
	145	+	OWER OF ATTORNEY " MEANS A RECORD THAT GRANTS15
	146	+	AUTHORITY TO AN AGENT TO ACT IN PLACE OF THE PRINCIPAL , EVEN IF THE16
	147	+	TERM IS NOT USED IN THE RECORD.17
122	148		(8) "R
123		-	ECORD" MEANS INFORMATION:
	149	+	ECORD" MEANS INFORMATION:18
124	150		(a) I
125		-	NSCRIBED ON A TANGIBLE MEDIUM ; OR
126		-	(b) ~~STORED IN AN ELECTRONIC OR OTHER MEDIUM AND RETRIEVABLE~~
127		-	IN ~~PERCEIVABLE FORM~~
128		-	.
	151	+	NSCRIBED ON A TANGIBLE MEDIUM ; OR19
	152	+	(b) S
	153	+	TORED IN AN ELECTRONIC OR OTHER MEDIUM AND20
	154	+	RETRIEVABLE IN PERCEIVABLE FORM .21
129	155		(9) "S
130		-	ECURITY PROCEDURE" MEANS A PROCEDURE TO VERIFY THAT
131		-	AN ELECTRONIC SIGNATURE
132		-	, RECORD, OR PERFORMANCE IS THAT OF A
133		-	SPECIFIC PERSON OR TO DETECT A CHANGE OR ERROR IN AN ELECTRONIC
134		-	RECORD
135		-	. THE TERM INCLUDES A PROCEDURE THAT USES AN ALGORITHM ,
136		-	CODE, IDENTIFYING WORD OR NUMBER , ENCRYPTION, OR CALLBACK OR
137		-	OTHER ACKNOWLEDGMENT PROCEDURE
138		-	.
139		-	(10) "S
140		-	ETTLOR" MEANS A PERSON, INCLUDING A TESTATOR, THAT
141		-	CREATES OR CONTRIBUTES PROPERTY TO A TRUST
142		-	.
	156	+	ECURITY PROCEDURE" MEANS A PROCEDURE TO VERIFY THAT22
	157	+	AN ELECTRONIC SIGNATURE , RECORD, OR PERFORMANCE IS THAT OF A23
	158	+	SPECIFIC PERSON OR TO DETECT A CHANGE OR ERROR IN AN ELECTRONIC24
	159	+	RECORD. THE TERM INCLUDES A PROCEDURE THAT USES AN ALGORITHM ,25
	160	+	CODE, IDENTIFYING WORD OR NUMBER , ENCRYPTION, OR CALLBACK OR26
	161	+	OTHER ACKNOWLEDGMENT PROCEDURE .27
	162	+	1248
	163	+	-4- (10) "SETTLOR" MEANS A PERSON, INCLUDING A TESTATOR, THAT1
	164	+	CREATES OR CONTRIBUTES PROPERTY TO A TRUST .2
143	165		(11) "S
144		-	IGN" MEANS, WITH PRESENT INTENT TO AUTHENTICATE OR
145		-	ADOPT A RECORD
146		-	:
	166	+	IGN" MEANS, WITH PRESENT INTENT TO AUTHENTICATE OR3
	167	+	ADOPT A RECORD:4
147	168		(a) E
148		-	XECUTE OR ADOPT A TANGIBLE SYMBOL ; OR
149		-	(b) ~~ATTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD AN~~
150		-	~~ELECTRONIC SIGNATURE~~
151		-	.
	169	+	XECUTE OR ADOPT A TANGIBLE SYMBOL ; OR5
	170	+	(b) A
	171	+	TTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD AN6
	172	+	ELECTRONIC SIGNATURE.7
152	173		(12) "S
153		-	TATE" MEANS A STATE OF THE UNITED STATES, ~~THE DISTRICT~~
154		-	OF
155		-	COLUMBIA, PUERTO RICO, THE UNITED STATES ~~VIRGIN ISLANDS, OR~~
156		-	~~OTHER TERRITORY OR POSSESSION SUBJECT TO THE JURISDICTION OF THE~~
157		-	~~UNITED STATES.~~ ~~THE TERM INCLUDES A FEDERALLY RECOGNIZED INDIAN~~
158		-	~~TRIBE~~
159		-	.
	174	+	TATE" MEANS A STATE OF THE UNITED STATES, THE8
	175	+	D
	176	+	ISTRICT OF COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN9
	177	+	I
	178	+	SLANDS, OR OTHER TERRITORY OR POSSESSION SUBJECT TO THE10
	179	+	JURISDICTION OF THE UNITED STATES. THE TERM INCLUDES A FEDERALLY11
	180	+	RECOGNIZED INDIAN TRIBE.12
160	181		(13) "T
161		-	ERMS OF A TRUST" MEANS THE MANIFESTATION OF THE
162		-	SETTLOR
163		-	'S INTENT REGARDING A TRUST'S PROVISIONS AS:
	182	+	ERMS OF A TRUST" MEANS THE MANIFESTATION OF THE13
	183	+	SETTLOR'S INTENT REGARDING A TRUST'S PROVISIONS AS:14
164	184		(a) E
165		-	XPRESSED IN THE TRUST INSTRUMENT ; OR
166		-	(b) ~~MAY BE ESTABLISHED BY OTHER EVIDENCE IN A JUDICIAL~~
167		-	~~PROCEEDING OR~~ IN A ~~NONJUDICIAL SETTLEMENT AGREEMENT PURSUANT TO~~
168		-	~~PAGE 4-HOUSE BILL 24-1248 SECTION 15-5-111~~ OR ~~BY ALTERNATE DISPUTE RESOLUTION PURSUANT TO~~
169		-	SECTION
170		-	15-5-113.
	185	+	XPRESSED IN THE TRUST INSTRUMENT ; OR15
	186	+	(b) M
	187	+	AY BE ESTABLISHED BY OTHER EVIDENCE IN A JUDICIAL16
	188	+	PROCEEDING OR IN A NONJUDICIAL SETTLEMENT AGREEMENT PURSUANT17
	189	+	TO SECTION 15-5-111 OR BY ALTERNATE DISPUTE RESOLUTION PURSUANT18
	190	+	TO SECTION 15-5-113.19
171	191		(14) "T
172		-	RUST INSTRUMENT" MEANS AN INSTRUMENT EXECUTED BY
173		-	THE SETTLOR THAT CONTAINS TERMS OF THE TRUST
174		-	, INCLUDING ANY
175		-	AMENDMENTS
176		-	.
	192	+	RUST INSTRUMENT" MEANS AN INSTRUMENT EXECUTED BY20
	193	+	THE SETTLOR THAT CONTAINS TERMS OF THE TRUST , INCLUDING ANY21
	194	+	AMENDMENTS.22
177	195		(15) "W
178		-	ILL" INCLUDES A CODICIL AND A TESTAMENTARY
179		-	INSTRUMENT THAT MERELY APPOINTS AN EXECUTOR
180		-	, REVOKES OR REVISES
181		-	ANOTHER WILL
182		-	, NOMINATES A GUARDIAN , OR EXPRESSLY EXCLUDES OR
183		-	LIMITS THE RIGHT OF AN INDIVIDUAL OR CLASS TO SUCCEED TO PROPERTY OF
184		-	THE DECEDENT PASSING BY INTESTATE SUCCESSION
185		-	.
186		-	15-24-103. Construction. (1) T
187		-	HIS ARTICLE 24 IS DESIGNED TO
188		-	AUTHORIZE ESTATE PLANNING DOCUMENTS TO BE IN ELECTRONIC FORM AND
189		-	ELECTRONICALLY SIGNED
190		-	. THIS ARTICLE 24 DOES NOT NEGATE OTHER STATE
191		-	LAW REQUIREMENTS THAT MUST BE SATISFIED TO VALIDATE A
192		-	NON
193		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT . ACCORDINGLY, THIS
194		-	ARTICLE
195		-	24 MUST BE CONSTRUED AND APPLIED TO :
	196	+	ILL" INCLUDES A CODICIL AND A TESTAMENTARY23
	197	+	INSTRUMENT THAT MERELY APPOINTS AN EXECUTOR , REVOKES OR REVISES24
	198	+	ANOTHER WILL, NOMINATES A GUARDIAN, OR EXPRESSLY EXCLUDES OR25
	199	+	LIMITS THE RIGHT OF AN INDIVIDUAL OR CLASS TO SUCCEED TO PROPERTY26
	200	+	OF THE DECEDENT PASSING BY INTESTATE SUCCESSION .27
	201	+	1248
	202	+	-5- 15-24-103. Construction. (1) T HIS ARTICLE 24 IS DESIGNED TO1
	203	+	AUTHORIZE ESTATE PLANNING DOCUMENTS TO BE IN ELECTRONIC FORM2
	204	+	AND ELECTRONICALLY SIGNED. THIS ARTICLE 24 DOES NOT NEGATE OTHER3
	205	+	STATE LAW REQUIREMENTS THAT MUST BE SATISFIED TO VALIDATE A4
	206	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT . ACCORDINGLY, THIS5
	207	+	ARTICLE 24 MUST BE CONSTRUED AND APPLIED TO :6
196	208		(a) F
197		-	ACILITATE THE CREATION OF NON -TESTAMENTARY ESTATE
198		-	PLANNING DOCUMENTS IN ELECTRONIC FORM AND THE ELECTRONIC SIGNING
199		-	OF SUCH DOCUMENTS
200		-	; AND
201		-	(b) BE CONSISTENT WITH REASONABLE PRACTICES CONCERNING
202		-	ELECTRONIC DOCUMENTS AND SIGNATURES AND CONTINUED EXPANSION OF
203		-	THOSE PRACTICES
204		-	.
205		-	PART 2
206		-	ELECTRONIC NON-TESTAMENTARY
207		-	ESTATE PLANNING DOCUMENTS
	209	+	ACILITATE THE CREATION OF NON-TESTAMENTARY ESTATE7
	210	+	PLANNING DOCUMENTS IN ELECTRONIC FORM AND THE ELECTRONIC8
	211	+	SIGNING OF SUCH DOCUMENTS; AND9
	212	+	(b) B
	213	+	E CONSISTENT WITH REASONABLE PRACTICES CONCERNING10
	214	+	ELECTRONIC DOCUMENTS AND SIGNATURES AND CONTINUED EXPANSION11
	215	+	OF THOSE PRACTICES.12
	216	+	PART 213
	217	+	ELECTRONIC NON-TESTAMENTARY14
	218	+	ESTATE PLANNING DOCUMENTS15
208	219		15-24-201. Scope. (1) E
209		-	XCEPT AS PROVIDED IN SUBSECTION (2) OF
210		-	THIS SECTION
211		-	, THIS ARTICLE 24 APPLIES TO AN ELECTRONIC
212		-	NON
213		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT AND AN ELECTRONIC
214		-	SIGNATURE ON A NON
215		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT .
	220	+	XCEPT AS PROVIDED IN SUBSECTION (2) OF16
	221	+	THIS SECTION, THIS ARTICLE 24 APPLIES TO AN ELECTRONIC17
	222	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT AND AN ELECTRONIC18
	223	+	SIGNATURE ON A NON-TESTAMENTARY ESTATE PLANNING DOCUMENT .19
216	224		(2) (a) T
217		-	HIS ARTICLE 24 DOES NOT APPLY TO A NON-TESTAMENTARY
218		-	ESTATE PLANNING DOCUMENT IF THE DOCUMENT PRECLUDES USE OF AN
219		-	ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
220		-	.
221		-	PAGE 5-HOUSE BILL 24-1248 (b) THIS ARTICLE 24 DOES NOT AFFECT THE VALIDITY OF AN
222		-	ELECTRONIC RECORD OR ELECTRONIC SIGNATURE THAT IS VALID PURSUANT
223		-	TO THE
224		-	:
	225	+	HIS ARTICLE 24 DOES NOT APPLY TO A20
	226	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT IF THE DOCUMENT21
	227	+	PRECLUDES USE OF AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE .22
	228	+	(b) T
	229	+	HIS ARTICLE 24 DOES NOT AFFECT THE VALIDITY OF AN23
	230	+	ELECTRONIC RECORD OR ELECTRONIC SIGNATURE THAT IS VALID24
	231	+	PURSUANT TO THE:25
225	232		(I) "U
226		-	NIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF
227		-	TITLE
228		-	24;
229		-	(II) "U
230		-	NIFORM ELECTRONIC WILLS ACT", PART 13 OF ARTICLE 11 OF
231		-	THIS TITLE
232		-	15; OR
233		-	(III) TERMS OF A RECORD THAT EVIDENCES AN AGREEMENT OR
234		-	OTHER ARRANGEMENT GOVERNING THE TRANSFER OF PROPERTY AT A
235		-	PARTY
236		-	'S DEATH.
	233	+	NIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF26
	234	+	TITLE 24;27
	235	+	1248
	236	+	-6- (II) "UNIFORM ELECTRONIC WILLS ACT", PART 13 OF ARTICLE 111
	237	+	OF THIS TITLE 15; OR2
	238	+	(III) T
	239	+	ERMS OF A RECORD THAT EVIDENCES AN AGREEMENT OR3
	240	+	OTHER ARRANGEMENT GOVERNING THE TRANSFER OF PROPERTY AT A4
	241	+	PARTY'S DEATH.5
237	242		15-24-202. Principles of law and equity. T
238		-	HE LAW OF THIS STATE
239		-	AND PRINCIPLES OF EQUITY APPLICABLE TO A NON
240		-	-TESTAMENTARY ESTATE
241		-	PLANNING DOCUMENT APPLY TO AN ELECTRONIC NON
242		-	-TESTAMENTARY
243		-	ESTATE PLANNING DOCUMENT EXCEPT AS MODIFIED BY THIS ARTICLE
244		-	24.
245		-	15-24-203. Use of electronic record or signature not required.
	243	+	HE LAW OF THIS STATE6
	244	+	AND PRINCIPLES OF EQUITY APPLICABLE TO A NON-TESTAMENTARY ESTATE7
	245	+	PLANNING DOCUMENT APPLY TO AN ELECTRONIC NON -TESTAMENTARY8
	246	+	ESTATE PLANNING DOCUMENT EXCEPT AS MODIFIED BY THIS ARTICLE 24.9
	247	+	15-24-203. Use of electronic record or signature not required.10
246	248		(1) T
247		-	HIS ARTICLE 24 DOES NOT REQUIRE A NON-TESTAMENTARY ESTATE
248		-	PLANNING DOCUMENT OR SIGNATURE ON A NON
249		-	-TESTAMENTARY ESTATE
250		-	PLANNING DOCUMENT TO BE CREATED
251		-	, GENERATED, SENT, COMMUNICATED,
252		-	RECEIVED, STORED, OR OTHERWISE PROCESSED OR USED BY ELECTRONIC
253		-	MEANS OR IN ELECTRONIC FORM
254		-	.
	249	+	HIS ARTICLE 24 DOES NOT REQUIRE A NON-TESTAMENTARY ESTATE11
	250	+	PLANNING DOCUMENT OR SIGNATURE ON A NON -TESTAMENTARY ESTATE12
	251	+	PLANNING DOCUMENT TO BE CREATED , GENERATED, SENT,13
	252	+	COMMUNICATED, RECEIVED, STORED, OR OTHERWISE PROCESSED OR USED14
	253	+	BY ELECTRONIC MEANS OR IN ELECTRONIC FORM .15
255	254		(2) A
256		-	PERSON IS NOT REQUIRED TO HAVE A NON ~~-TESTAMENTARY~~
257		-	ESTATE PLANNING DOCUMENT IN ELECTRONIC FORM OR ~~SIGNED~~
258		-	ELECTRONICALLY EVEN IF THE PERSON PREVIOUSLY CREATED OR ~~SIGNED A~~
259		-	NON
260		-	~~-TESTAMENTARY ESTATE PLANNING DOCUMENT BY ELECTRONIC~~ MEANS .
	255	+	PERSON IS NOT REQUIRED TO HAVE A NON-TESTAMENTARY16
	256	+	ESTATE PLANNING DOCUMENT IN ELECTRONIC FORM OR SIGNED17
	257	+	ELECTRONICALLY EVEN IF THE PERSON PREVIOUSLY CREATED OR SIGNED18
	258	+	A NON-TESTAMENTARY ESTATE PLANNING DOCUMENT BY ELECTRONIC19
	259	+	MEANS.20
261	260		(3) A
262		-	PERSON MAY NOT WAIVE THE PROVISIONS OF THIS SECTION .
263		-	15-24-204. Recognition of electronic non-testamentary estate
264		-	planning document and electronic signature. (1) A
265		-	NON-TESTAMENTARY
266		-	ESTATE PLANNING DOCUMENT OR A SIGNATURE ON A NON
267		-	-TESTAMENTARY
268		-	ESTATE PLANNING DOCUMENT MAY NOT BE DENIED LEGAL EFFECT OR
269		-	ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC FORM
270		-	.
271		-	(2) I
272		-	F ANOTHER LAW OF THIS STATE REQUIRES A
273		-	PAGE 6-HOUSE BILL 24-1248 NON-TESTAMENTARY ESTATE PLANNING DOCUMENT TO BE IN WRITING , AN
274		-	ELECTRONIC RECORD OF THE DOCUMENT SATISFIES THE REQUIREMENT
275		-	.
	261	+	PERSON MAY NOT WAIVE THE PROVISIONS OF THIS SECTION .21
	262	+	15-24-204. Recognition of electronic non-testamentary estate22
	263	+	planning document and electronic signature. (1) A23
	264	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT OR A SIGNATURE ON24
	265	+	A NON-TESTAMENTARY ESTATE PLANNING DOCUMENT MAY NOT BE DENIED25
	266	+	LEGAL EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC26
	267	+	FORM.27
	268	+	1248
	269	+	-7- (2) IF ANOTHER LAW OF THIS STATE REQUIRES A1
	270	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT TO BE IN WRITING , AN2
	271	+	ELECTRONIC RECORD OF THE DOCUMENT SATISFIES THE REQUIREMENT .3
276	272		(3) I
277		-	F ANOTHER LAW OF THIS STATE REQUIRES A SIGNATURE ON A
278		-	NON
279		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT , AN ELECTRONIC
280		-	SIGNATURE SATISFIES THE REQUIREMENT
281		-	.
282		-	15-24-205. Attribution and effect of electronic record and
	273	+	F ANOTHER LAW OF THIS STATE REQUIRES A SIGNATURE ON A4
	274	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT , AN ELECTRONIC5
	275	+	SIGNATURE SATISFIES THE REQUIREMENT .6
	276	+	15-24-205. Attribution and effect of electronic record and7
283	277		electronic signature. (1) A
284		-	N ELECTRONIC NON-TESTAMENTARY ESTATE
285		-	PLANNING DOCUMENT OR ELECTRONIC SIGNATURE ON AN ELECTRONIC
286		-	NON
287		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT IS ATTRIBUTABLE TO A
288		-	PERSON IF IT WAS THE ACT OF THE PERSON
289		-	. THE ACT OF THE PERSON MAY BE
290		-	SHOWN IN ANY MANNER
291		-	, INCLUDING BY SHOWING THE EFFICACY OF A
292		-	SECURITY PROCEDURE APPLIED TO DETERMINE THE PERSON TO WHICH THE
293		-	ELECTRONIC RECORD OR ELECTRONIC SIGNATURE WAS ATTRIBUTABLE
294		-	.
	278	+	N ELECTRONIC NON-TESTAMENTARY ESTATE8
	279	+	PLANNING DOCUMENT OR ELECTRONIC SIGNATURE ON AN ELECTRONIC9
	280	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT IS ATTRIBUTABLE TO10
	281	+	A PERSON IF IT WAS THE ACT OF THE PERSON. THE ACT OF THE PERSON MAY11
	282	+	BE SHOWN IN ANY MANNER, INCLUDING BY SHOWING THE EFFICACY OF A12
	283	+	SECURITY PROCEDURE APPLIED TO DETERMINE THE PERSON TO WHICH THE13
	284	+	ELECTRONIC RECORD OR ELECTRONIC SIGNATURE WAS ATTRIBUTABLE .14
295	285		(2) T
296		-	HE EFFECT OF ATTRIBUTION TO A PERSON PURSUANT TO
297		-	SUBSECTION
298		-	(1) OF THIS SECTION OF A DOCUMENT OR SIGNATURE IS
299		-	DETERMINED FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES AT
300		-	THE TIME OF ITS CREATION
301		-	, EXECUTION, OR ADOPTION AND AS PROVIDED BY
302		-	OTHER LAW
303		-	.
	286	+	HE EFFECT OF ATTRIBUTION TO A PERSON PURSUANT TO15
	287	+	SUBSECTION (1) OF THIS SECTION OF A DOCUMENT OR SIGNATURE IS16
	288	+	DETERMINED FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES AT17
	289	+	THE TIME OF ITS CREATION, EXECUTION, OR ADOPTION AND AS PROVIDED18
	290	+	BY OTHER LAW.19
304	291		15-24-206. Notarization and acknowledgment. I
305		-	F ANOTHER LAW
306		-	OF THIS STATE REQUIRES A SIGNATURE OR RECORD TO BE NOTARIZED
307		-	,
308		-	ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE REQUIREMENT IS
309		-	SATISFIED WITH RESPECT TO AN ELECTRONIC NON
310		-	-TESTAMENTARY ESTATE
311		-	PLANNING DOCUMENT IF AN INDIVIDUAL AUTHORIZED TO PERFORM THE
312		-	NOTARIZATION
313		-	, ACKNOWLEDGMENT , VERIFICATION, OR OATH ATTACHES OR
314		-	LOGICALLY ASSOCIATES THE INDIVIDUAL
315		-	'S ELECTRONIC SIGNATURE ON THE
316		-	DOCUMENT TOGETHER WITH ALL OTHER INFORMATION REQUIRED TO BE
317		-	INCLUDED UNDER THE OTHER LAW
318		-	.
	292	+	F ANOTHER LAW20
	293	+	OF THIS STATE REQUIRES A SIGNATURE OR RECORD TO BE NOTARIZED ,21
	294	+	ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE REQUIREMENT IS22
	295	+	SATISFIED WITH RESPECT TO AN ELECTRONIC NON-TESTAMENTARY ESTATE23
	296	+	PLANNING DOCUMENT IF AN INDIVIDUAL AUTHORIZED TO PERFORM THE24
	297	+	NOTARIZATION, ACKNOWLEDGMENT , VERIFICATION, OR OATH ATTACHES25
	298	+	OR LOGICALLY ASSOCIATES THE INDIVIDUAL'S ELECTRONIC SIGNATURE ON26
	299	+	THE DOCUMENT TOGETHER WITH ALL OTHER INFORMATION REQUIRED TO27
	300	+	1248
	301	+	-8- BE INCLUDED UNDER THE OTHER LAW .1
319	302		15-24-207. Witnessing and attestation. I
320		-	F ANOTHER LAW OF THIS
321		-	STATE BASES THE VALIDITY OF A NON
322		-	-TESTAMENTARY ESTATE PLANNING
323		-	DOCUMENT ON WHETHER IT IS SIGNED
324		-	, WITNESSED, OR ATTESTED BY
325		-	ANOTHER INDIVIDUAL
326		-	, THE SIGNATURE, WITNESSING, OR ATTESTATION OF
327		-	THAT INDIVIDUAL MAY BE ELECTRONIC
328		-	.
329		-	15-24-208. Retention of electronic record - original. (1) E
330		-	XCEPT
331		-	AS PROVIDED IN SUBSECTION
332		-	(2) OF THIS SECTION, IF ANOTHER LAW OF THIS
333		-	PAGE 7-HOUSE BILL 24-1248 STATE REQUIRES AN ELECTRONIC NON -TESTAMENTARY ESTATE PLANNING
334		-	DOCUMENT TO BE RETAINED
335		-	, TRANSMITTED, COPIED, OR FILED, THE
336		-	REQUIREMENT IS SATISFIED BY RETAINING
337		-	, TRANSMITTING, COPYING, OR
338		-	FILING AN ELECTRONIC RECORD THAT
339		-	:
	303	+	F ANOTHER LAW OF THIS2
	304	+	STATE BASES THE VALIDITY OF A NON-TESTAMENTARY ESTATE PLANNING3
	305	+	DOCUMENT ON WHETHER IT IS SIGNED , WITNESSED, OR ATTESTED BY4
	306	+	ANOTHER INDIVIDUAL, THE SIGNATURE, WITNESSING, OR ATTESTATION OF5
	307	+	THAT INDIVIDUAL MAY BE ELECTRONIC .6
	308	+	15-24-208. Retention of electronic record - original.7
	309	+	(1) E
	310	+	XCEPT AS PROVIDED IN SUBSECTION (2) OF THIS SECTION, IF ANOTHER8
	311	+	LAW OF THIS STATE REQUIRES AN ELECTRONIC NON -TESTAMENTARY9
	312	+	ESTATE PLANNING DOCUMENT TO BE RETAINED , TRANSMITTED, COPIED, OR10
	313	+	FILED, THE REQUIREMENT IS SATISFIED BY RETAINING , TRANSMITTING,11
	314	+	COPYING, OR FILING AN ELECTRONIC RECORD THAT :12
340	315		(a) A
341		-	CCURATELY REFLECTS THE INFORMATION IN THE DOCUMENT
342		-	AFTER IT WAS FIRST GENERATED IN FINAL FORM AS AN ELECTRONIC RECORD
343		-	OR PURSUANT TO SECTION
344		-	15-24-209; AND
345		-	(b) REMAINS ACCESSIBLE TO THE EXTENT REQUIRED BY THE OTHER
346		-	LAW
347		-	.
	316	+	CCURATELY REFLECTS THE INFORMATION IN THE DOCUMENT13
	317	+	AFTER IT WAS FIRST GENERATED IN FINAL FORM AS AN ELECTRONIC14
	318	+	RECORD OR PURSUANT TO SECTION 15-24-209; AND15
	319	+	(b) R
	320	+	EMAINS ACCESSIBLE TO THE EXTENT REQUIRED BY THE OTHER16
	321	+	LAW.17
348	322		(2) A
349		-	REQUIREMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION
350		-	TO RETAIN A RECORD DOES NOT APPLY TO INFORMATION THE SOLE PURPOSE
351		-	OF WHICH IS TO ENABLE THE RECORD TO BE SENT
352		-	, COMMUNICATED, OR
353		-	RECEIVED
354		-	.
	323	+	REQUIREMENT PURSUANT TO SUBSECTION (1) OF THIS18
	324	+	SECTION TO RETAIN A RECORD DOES NOT APPLY TO INFORMATION THE19
	325	+	SOLE PURPOSE OF WHICH IS TO ENABLE THE RECORD TO BE SENT ,20
	326	+	COMMUNICATED, OR RECEIVED.21
355	327		(3) A
356		-	PERSON MAY SATISFY SUBSECTION (1) OF THIS SECTION BY
357		-	USING THE SERVICES OF ANOTHER PERSON
358		-	.
	328	+	PERSON MAY SATISFY SUBSECTION (1) OF THIS SECTION BY22
	329	+	USING THE SERVICES OF ANOTHER PERSON .23
359	330		(4) I
360		-	F ANOTHER LAW OF THIS STATE REQUIRES A
361		-	NON
362		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT TO BE PRESENTED OR
363		-	RETAINED IN ITS ORIGINAL FORM
364		-	, OR PROVIDES CONSEQUENCES IF A
365		-	NON
366		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT IS NOT PRESENTED OR
367		-	RETAINED IN ITS ORIGINAL FORM
368		-	, AN ELECTRONIC RECORD RETAINED IN
369		-	ACCORDANCE WITH SUBSECTION
370		-	(1) OF THIS SECTION SATISFIES THE OTHER
371		-	LAW
372		-	.
	331	+	F ANOTHER LAW OF THIS STATE REQUIRES A24
	332	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT TO BE PRESENTED OR25
	333	+	RETAINED IN ITS ORIGINAL FORM , OR PROVIDES CONSEQUENCES IF A26
	334	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT IS NOT PRESENTED OR27
	335	+	1248
	336	+	-9- RETAINED IN ITS ORIGINAL FORM, AN ELECTRONIC RECORD RETAINED IN1
	337	+	ACCORDANCE WITH SUBSECTION (1) OF THIS SECTION SATISFIES THE OTHER2
	338	+	LAW.3
373	339		(5) T
374		-	HIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY
375		-	FROM SPECIFYING REQUIREMENTS FOR THE RETENTION OF A RECORD SUBJECT
376		-	TO THE AGENCY
377		-	'S JURISDICTION IN ADDITION TO THOSE IN THIS SECTION. IN
378		-	THIS SECTION
379		-	, "GOVERNMENTAL AGENCY " MEANS AN EXECUTIVE ,
380		-	LEGISLATIVE, OR JUDICIAL AGENCY, DEPARTMENT, BOARD, COMMISSION,
381		-	AUTHORITY, INSTITUTION, OR INSTRUMENTALITY OF THE FEDERAL
382		-	GOVERNMENT OR OF A STATE OR OF A C OUNTY
383		-	, MUNICIPALITY, OR OTHER
384		-	POLITICAL SUBDIVISION OF A STATE
385		-	.
	340	+	HIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY4
	341	+	FROM SPECIFYING REQUIREMENTS FOR THE RETENTION OF A RECORD5
	342	+	SUBJECT TO THE AGENCY'S JURISDICTION IN ADDITION TO THOSE IN THIS6
	343	+	SECTION. IN THIS SECTION, "GOVERNMENTAL AGENCY " MEANS AN7
	344	+	EXECUTIVE, LEGISLATIVE, OR JUDICIAL AGENCY, DEPARTMENT, BOARD,8
	345	+	COMMISSION, AUTHORITY, INSTITUTION, OR INSTRUMENTALITY OF THE9
	346	+	FEDERAL GOVERNMENT OR OF A STATE OR OF A COUNTY , MUNICIPALITY,10
	347	+	OR OTHER POLITICAL SUBDIVISION OF A STATE.11
386	348		15-24-209. Certification of paper copy. A
387		-	N INDIVIDUAL MAY
388		-	CREATE A CERTIFIED PAPER COPY OF AN ELECTRONIC NON
389		-	-TESTAMENTARY
390		-	ESTATE PLANNING DOCUMENT BY AFFIRMING UNDER PENALTY OF PERJURY
391		-	PAGE 8-HOUSE BILL 24-1248 THAT THE PAPER COPY IS A COMPLETE AND ACCURATE COPY OF THE
392		-	DOCUMENT
393		-	.
	349	+	N INDIVIDUAL MAY12
	350	+	CREATE A CERTIFIED PAPER COPY OF AN ELECTRONIC NON -TESTAMENTARY13
	351	+	ESTATE PLANNING DOCUMENT BY AFFIRMING UNDER PENALTY OF PERJURY14
	352	+	THAT THE PAPER COPY IS A COMPLETE AND ACCURATE COPY OF THE15
	353	+	DOCUMENT.16
394	354		15-24-210. Admissibility in evidence. E
395		-	VIDENCE RELATING TO AN
396		-	ELECTRONIC NON
397		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT OR AN
398		-	ELECTRONIC SIGNATURE ON THE DOCUMENT MAY NOT BE EXCLUDED IN A
399		-	PROCEEDING SOLELY BECAUSE IT IS IN ELECTRONIC FORM
400		-	.
401		-	15-24-211. Protection of persons without knowledge of
	355	+	VIDENCE RELATING TO17
	356	+	AN ELECTRONIC NON-TESTAMENTARY ESTATE PLANNING DOCUMENT OR18
	357	+	AN ELECTRONIC SIGNATURE ON THE DOCUMENT MAY NOT BE EXCLUDED19
	358	+	IN A PROCEEDING SOLELY BECAUSE IT IS IN ELECTRONIC FORM .20
	359	+	15-24-211. Protection of persons without knowledge of21
402	360		non-testamentary estate planning documents. I
403		-	F A PERSON ACTING IN
404		-	GOOD FAITH HAS NO ACTUAL KNOWLEDGE OF AN ELECTRONIC
405		-	NON
406		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT , THEN THE PERSON IS
407		-	NOT LIABLE FOR ACTS PERFORMED IN GOOD FAITH AND MAY PRESUME THAT
408		-	THE DOCUMENT DOES NOT EXIST
409		-	.
410		-	PART 3
411		-	(Reserved)
412		-	PART 4
413		-	MISCELLANEOUS PROVISIONS
	361	+	F A PERSON ACTING IN22
	362	+	GOOD FAITH HAS NO ACTUAL KNOWLEDGE OF AN ELECTRONIC23
	363	+	NON-TESTAMENTARY ESTATE PLANNING DOCUMENT , THEN THE PERSON IS24
	364	+	NOT LIABLE FOR ACTS PERFORMED IN GOOD FAITH AND MAY PRESUME25
	365	+	THAT THE DOCUMENT DOES NOT EXIST .26
	366	+	PART 327
	367	+	1248
	368	+	-10- (Reserved)1
	369	+	PART 42
	370	+	MISCELLANEOUS PROVISIONS3
414	371		15-24-401. Uniformity of application and construction. I
	372	+	N4
	373	+	APPLYING AND CONSTRUING THIS UNIFORM ACT , A COURT SHALL CONSIDER5
	374	+	THE PROMOTION OF UNIFORMITY OF THE LAW AMONG JURISDICTIONS THAT6
	375	+	ENACT IT.7
	376	+	15-24-402. Relation to electronic signatures in global and8
	377	+	national commerce act. T
	378	+	HIS ARTICLE 24 MODIFIES, LIMITS, OR9
	379	+	SUPERSEDES THE FEDERAL "ELECTRONIC SIGNATURES IN GLOBAL AND10
415	380		N
416		-	APPLYING AND CONSTRUING THIS UNIFORM ACT
417		-	, A COURT SHALL CONSIDER
418		-	THE PROMOTION OF UNIFORMITY OF THE LAW AMONG JURISDICTIONS THAT
419		-	ENACT IT
420		-	.
421		-	15-24-402. Relation to electronic signatures in global and
422		-	national commerce act. T
423		-	HIS ARTICLE 24 MODIFIES, LIMITS, OR SUPERSEDES
424		-	THE FEDERAL
425		-	"ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
426		-	COMMERCE ACT", 15 U.S.C. SEC. 7001 ET SEQ., AS AMENDED, BUT DOES NOT
427		-	MODIFY
428		-	, LIMIT, OR SUPERSEDE 15 U.S.C. SECTION 7001(c), OR AUTHORIZE
429		-	ELECTRONIC DELIVERY OF ANY OF THE NOTICES DESCRIBED IN
430		-	15 U.S.C.
431		-	SECTION 7003(b).
	381	+	ATIONAL COMMERCE ACT", 15 U.S.C. SEC. 7001 ET SEQ., AS AMENDED,11
	382	+	BUT DOES NOT MODIFY, LIMIT, OR SUPERSEDE 15 U.S.C. SECTION 7001(c),12
	383	+	OR AUTHORIZE ELECTRONIC DELIVERY OF ANY OF THE NOTICES DESCRIBED13
	384	+	IN 15 U.S.C. SECTION 7003(b).14
432	385		15-24-403. Transitional provision. (1) T
433		-	HIS ARTICLE 24 APPLIES
434		-	TO AN ELECTRONIC NON
435		-	-TESTAMENTARY ESTATE PLANNING DOCUMENT
436		-	CREATED
437		-	, SIGNED, GENERATED, SENT, COMMUNICATED, RECEIVED, OR
438		-	STORED BEFORE
439		-	, ON, OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE 24.
	386	+	HIS ARTICLE 24 APPLIES15
	387	+	TO AN ELECTRONIC NON-TESTAMENTARY ESTATE PLANNING DOCUMENT16
	388	+	CREATED, SIGNED, GENERATED, SENT, COMMUNICATED, RECEIVED, OR17
	389	+	STORED BEFORE, ON, OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE 24.18
440	390		(2) T
441		-	HIS ARTICLE 24 APPLIES TO THE WILL OF A DECEDENT WHO DIES
442		-	ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE
443		-	24.
444		-	PAGE 9-HOUSE BILL 24-1248 SECTION 2. Act subject to petition - effective date. This act
445		-	takes effect January 1, 2025; except that, if a referendum petition is filed
446		-	pursuant to section 1 (3) of article V of the state constitution against this act
447		-	or an item, section, or part of this act within the ninety-day period after final
448		-	adjournment of the general assembly, then the act, item, section, or part will
449		-	not take effect unless approved by the people at the general election to be
450		-	held in November 2024 and, in such case, will take effect on the date of the
451		-	official declaration of the vote thereon by the governor.
452		-	____________________________ ____________________________
453		-	Julie McCluskie Steve Fenberg
454		-	SPEAKER OF THE HOUSE PRESIDENT OF
455		-	OF REPRESENTATIVES THE SENATE
456		-	____________________________ ____________________________
457		-	Robin Jones Cindi L. Markwell
458		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
459		-	OF REPRESENTATIVES THE SENATE
460		-	APPROVED________________________________________
461		-	(Date and Time)
462		-	_________________________________________
463		-	Jared S. Polis
464		-	GOVERNOR OF THE STATE OF COLORADO
465		-	PAGE 10-HOUSE BILL 24-1248 PAGE 11-HOUSE BILL 24-1248
	391	+	HIS ARTICLE 24 APPLIES TO THE WILL OF A DECEDENT WHO19
	392	+	DIES ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE 24.20
	393	+	SECTION 2. Act subject to petition - effective date. This act21
	394	+	takes effect January 1, 2025; except that, if a referendum petition is filed22
	395	+	pursuant to section 1 (3) of article V of the state constitution against this23
	396	+	act or an item, section, or part of this act within the ninety-day period24
	397	+	after final adjournment of the general assembly, then the act, item,25
	398	+	section, or part will not take effect unless approved by the people at the26
	399	+	1248
	400	+	-11- general election to be held in November 2024 and, in such case, will take1
	401	+	effect on the date of the official declaration of the vote thereon by the2
	402	+	governor.3
	403	+	1248
	404	+	-12-