HOUSE BILL 24-1248
BY REPRESENTATIVE(S) Snyder and Soper, Bird, Clifford, Frizell,
Lieder, Lindsay, Marshall, McCluskie;
also SENATOR(S) Gardner, Ginal, Gonzales, Kolker, Lundeen, Priola,
Rich, Roberts, Smallwood
.
C
ONCERNING THE "UNIFORM NON-TESTAMENTARY ELECTRONIC ESTATE
PLANNING DOCUMENTS ACT".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, add article 24 to title
15 as follows:
ARTICLE 24
Uniform Non-Testamentary Electronic Estate Planning
Documents Act
PART 1
GENERAL PROVISIONS AND DEFINITIONS
15-24-101. Short title. T
HIS ARTICLE 24 MAY BE CITED AS THE
"UNIFORM NON-TESTAMENTARY ELECTRONIC ESTATE PLANNING
DOCUMENTS ACT".
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. 15-24-102. Definitions. I N THIS ARTICLE 24:
(1) "E
LECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING
ELECTRICAL
, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC,
OR SIMILAR CAPABILITIES.
(2) "E
LECTRONIC RECORD" MEANS A RECORD CREATED, GENERATED,
SENT, COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC MEANS .
(3) "E
LECTRONIC SIGNATURE" MEANS AN ELECTRONIC 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
.
(4) "I
NFORMATION" INCLUDES DATA, TEXT, IMAGES, CODES,
COMPUTER PROGRAMS , SOFTWARE, AND DATABASES.
(5) "N
ON-TESTAMENTARY ESTATE PLANNING DOCUMENT " MEANS A
RECORD RELATING TO ESTATE PLANNING THAT IS READABLE AS TEXT AT THE
TIME OF SIGNING AND IS NOT A WILL OR CONTAINED IN A WILL
. THE TERM:
(a) I
N THIS ARTICLE 24, IS LIMITED TO A RECORD THAT CREATES ,
EXERCISES, MODIFIES, RELEASES, OR REVOKES:
(I) A
TRUST INSTRUMENT;
(II) A
TRUST POWER THAT UNDER THE TERMS OF THE TRUST
REQUIRES A SIGNED RECORD
;
(III) A
CERTIFICATION OF A TRUST PURSUANT TO SECTION 15-5-1013;
(IV) A
POWER OF ATTORNEY THAT IS DURABLE PURSUANT TO THE
"UNIFORM POWER OF ATTORNEY ACT", PART 7 OF ARTICLE 14 OF THIS TITLE
15;
(V) A
N AGENT'S CERTIFICATION PURSUANT TO SECTION 15-14-719
OF THE VALIDITY OF A POWER OF ATTORNEY AND THE AGENT 'S AUTHORITY;
(VI) A
POWER OF APPOINTMENT;
PAGE 2-HOUSE BILL 24-1248 (VII) AN ADVANCE DIRECTIVE, INCLUDING A HEALTH-CARE POWER
OF ATTORNEY
, DIRECTIVE TO PHYSICIANS, NATURAL DEATH STATEMENT ,
LIVING WILL, AND MEDICAL OR PHYSICIAN ORDER FOR LIFE -SUSTAINING
TREATMENT
;
(VIII) A
RECORD DIRECTING DISPOSITION OF AN INDIVIDUAL'S BODY
AFTER DEATH
;
(IX) A
NOMINATION OF A GUARDIAN FOR THE SIGNING INDIVIDUAL ;
(X) A
NOMINATION OF A GUARDIAN FOR A MINOR CHILD OR DISABLED
ADULT CHILD
;
(XI) A
MENTAL HEALTH TREATMENT DECLARATION ;
(XII) A
DISCLAIMER PURSUANT TO THE "UNIFORM DISCLAIMER OF
PROPERTY INTERESTS ACT", PART 12 OF ARTICLE 11 OF THIS TITLE 15; AND
(XIII) A SEPARATE WRITING OR MEMORANDUM PURSUANT TO
SECTION
15-11-513;
(b) E
XCLUDES ALL OTHER NON-TESTAMENTARY ESTATE PLANNING
DOCUMENTS
, INCLUDING:
(I) A
DEED OF REAL PROPERTY, INCLUDING A BENEFICIARY DEED
PURSUANT TO PART
4 OF ARTICLE 15 OF THIS TITLE 15;
(II) A
CERTIFICATE OF TITLE FOR A MOTOR VEHICLE, WATERCRAFT,
OR AIRCRAFT; AND
(III) SUBJECT TO SECTION 15-24-201 (2)(b)(III), ANY RECORD OF A
MULTIPLE
-PARTY AGREEMENT OR OTHER CONTRACTUAL ARRANGEMENT NOT
IDENTIFIED IN SUBSECTION
(5)(a) OF THIS SECTION.
(6) "P
ERSON" MEANS AN INDIVIDUAL , ESTATE, BUSINESS OR
NONPROFIT ENTITY
, GOVERNMENT OR GOVERNMENTAL SUBDIVISION ,
AGENCY, OR INSTRUMENTALITY, OR OTHER LEGAL ENTITY.
(7) "P
OWER OF ATTORNEY " MEANS A RECORD THAT GRANTS
AUTHORITY TO AN AGENT TO ACT IN PLACE OF THE PRINCIPAL
, EVEN IF THE
PAGE 3-HOUSE BILL 24-1248 TERM IS NOT USED IN THE RECORD.
(8) "R
ECORD" MEANS INFORMATION:
(a) I
NSCRIBED ON A TANGIBLE MEDIUM ; OR
(b) STORED IN AN ELECTRONIC OR OTHER MEDIUM AND RETRIEVABLE
IN PERCEIVABLE FORM
.
(9) "S
ECURITY PROCEDURE" MEANS A PROCEDURE TO VERIFY THAT
AN ELECTRONIC SIGNATURE
, RECORD, OR PERFORMANCE IS THAT OF A
SPECIFIC PERSON OR TO DETECT A CHANGE OR ERROR IN AN ELECTRONIC
RECORD
. THE TERM INCLUDES A PROCEDURE THAT USES AN ALGORITHM ,
CODE, IDENTIFYING WORD OR NUMBER , ENCRYPTION, OR CALLBACK OR
OTHER ACKNOWLEDGMENT PROCEDURE
.
(10) "S
ETTLOR" MEANS A PERSON, INCLUDING A TESTATOR, THAT
CREATES OR CONTRIBUTES PROPERTY TO A TRUST
.
(11) "S
IGN" MEANS, WITH PRESENT INTENT TO AUTHENTICATE OR
ADOPT A RECORD
:
(a) E
XECUTE OR ADOPT A TANGIBLE SYMBOL ; OR
(b) ATTACH TO OR LOGICALLY ASSOCIATE WITH THE RECORD AN
ELECTRONIC SIGNATURE
.
(12) "S
TATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT
OF
COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR
OTHER TERRITORY OR POSSESSION SUBJECT TO THE JURISDICTION OF THE
UNITED STATES. THE TERM INCLUDES A FEDERALLY RECOGNIZED INDIAN
TRIBE
.
(13) "T
ERMS OF A TRUST" MEANS THE MANIFESTATION OF THE
SETTLOR
'S INTENT REGARDING A TRUST'S PROVISIONS AS:
(a) E
XPRESSED IN THE TRUST INSTRUMENT ; OR
(b) MAY BE ESTABLISHED BY OTHER EVIDENCE IN A JUDICIAL
PROCEEDING OR IN A NONJUDICIAL SETTLEMENT AGREEMENT PURSUANT TO
PAGE 4-HOUSE BILL 24-1248 SECTION 15-5-111 OR BY ALTERNATE DISPUTE RESOLUTION PURSUANT TO
SECTION
15-5-113.
(14) "T
RUST INSTRUMENT" MEANS AN INSTRUMENT EXECUTED BY
THE SETTLOR THAT CONTAINS TERMS OF THE TRUST
, INCLUDING ANY
AMENDMENTS
.
(15) "W
ILL" INCLUDES A CODICIL AND A TESTAMENTARY
INSTRUMENT THAT MERELY APPOINTS AN EXECUTOR
, REVOKES OR REVISES
ANOTHER WILL
, NOMINATES A GUARDIAN , OR EXPRESSLY EXCLUDES OR
LIMITS THE RIGHT OF AN INDIVIDUAL OR CLASS TO SUCCEED TO PROPERTY OF
THE DECEDENT PASSING BY INTESTATE SUCCESSION
.
15-24-103. Construction. (1) T
HIS ARTICLE 24 IS DESIGNED TO
AUTHORIZE ESTATE PLANNING DOCUMENTS TO BE IN ELECTRONIC FORM AND
ELECTRONICALLY SIGNED
. THIS ARTICLE 24 DOES NOT NEGATE OTHER STATE
LAW REQUIREMENTS THAT MUST BE SATISFIED TO VALIDATE A
NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT . ACCORDINGLY, THIS
ARTICLE
24 MUST BE CONSTRUED AND APPLIED TO :
(a) F
ACILITATE THE CREATION OF NON -TESTAMENTARY ESTATE
PLANNING DOCUMENTS IN ELECTRONIC FORM AND THE ELECTRONIC SIGNING
OF SUCH DOCUMENTS
; AND
(b) BE CONSISTENT WITH REASONABLE PRACTICES CONCERNING
ELECTRONIC DOCUMENTS AND SIGNATURES AND CONTINUED EXPANSION OF
THOSE PRACTICES
.
PART 2
ELECTRONIC NON-TESTAMENTARY
ESTATE PLANNING DOCUMENTS
15-24-201. Scope. (1) E
XCEPT AS PROVIDED IN SUBSECTION (2) OF
THIS SECTION
, THIS ARTICLE 24 APPLIES TO AN ELECTRONIC
NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT AND AN ELECTRONIC
SIGNATURE ON A NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT .
(2) (a) T
HIS ARTICLE 24 DOES NOT APPLY TO A NON-TESTAMENTARY
ESTATE PLANNING DOCUMENT IF THE DOCUMENT PRECLUDES USE OF AN
ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
.
PAGE 5-HOUSE BILL 24-1248 (b) THIS ARTICLE 24 DOES NOT AFFECT THE VALIDITY OF AN
ELECTRONIC RECORD OR ELECTRONIC SIGNATURE THAT IS VALID PURSUANT
TO THE
:
(I) "U
NIFORM ELECTRONIC TRANSACTIONS ACT", ARTICLE 71.3 OF
TITLE
24;
(II) "U
NIFORM ELECTRONIC WILLS ACT", PART 13 OF ARTICLE 11 OF
THIS TITLE
15; OR
(III) TERMS OF A RECORD THAT EVIDENCES AN AGREEMENT OR
OTHER ARRANGEMENT GOVERNING THE TRANSFER OF PROPERTY AT A
PARTY
'S DEATH.
15-24-202. Principles of law and equity. T
HE LAW OF THIS STATE
AND PRINCIPLES OF EQUITY APPLICABLE TO A NON
-TESTAMENTARY ESTATE
PLANNING DOCUMENT APPLY TO AN ELECTRONIC NON
-TESTAMENTARY
ESTATE PLANNING DOCUMENT EXCEPT AS MODIFIED BY THIS ARTICLE
24.
15-24-203. Use of electronic record or signature not required.
(1) T
HIS ARTICLE 24 DOES NOT REQUIRE A NON-TESTAMENTARY ESTATE
PLANNING DOCUMENT OR SIGNATURE ON A NON
-TESTAMENTARY ESTATE
PLANNING DOCUMENT TO BE CREATED
, GENERATED, SENT, COMMUNICATED,
RECEIVED, STORED, OR OTHERWISE PROCESSED OR USED BY ELECTRONIC
MEANS OR IN ELECTRONIC FORM
.
(2) A
PERSON IS NOT REQUIRED TO HAVE A NON -TESTAMENTARY
ESTATE PLANNING DOCUMENT IN ELECTRONIC FORM OR SIGNED
ELECTRONICALLY EVEN IF THE PERSON PREVIOUSLY CREATED OR SIGNED A
NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT BY ELECTRONIC MEANS .
(3) A
PERSON MAY NOT WAIVE THE PROVISIONS OF THIS SECTION .
15-24-204. Recognition of electronic non-testamentary estate
planning document and electronic signature. (1) A
NON-TESTAMENTARY
ESTATE PLANNING DOCUMENT OR A SIGNATURE ON A NON
-TESTAMENTARY
ESTATE PLANNING DOCUMENT MAY NOT BE DENIED LEGAL EFFECT OR
ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC FORM
.
(2) I
F ANOTHER LAW OF THIS STATE REQUIRES A
PAGE 6-HOUSE BILL 24-1248 NON-TESTAMENTARY ESTATE PLANNING DOCUMENT TO BE IN WRITING , AN
ELECTRONIC RECORD OF THE DOCUMENT SATISFIES THE REQUIREMENT
.
(3) I
F ANOTHER LAW OF THIS STATE REQUIRES A SIGNATURE ON A
NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT , AN ELECTRONIC
SIGNATURE SATISFIES THE REQUIREMENT
.
15-24-205. Attribution and effect of electronic record and
electronic signature. (1) A
N ELECTRONIC NON-TESTAMENTARY ESTATE
PLANNING DOCUMENT OR ELECTRONIC SIGNATURE ON AN ELECTRONIC
NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT IS ATTRIBUTABLE TO A
PERSON IF IT WAS THE ACT OF THE PERSON
. THE ACT OF THE PERSON MAY BE
SHOWN IN ANY MANNER
, INCLUDING BY SHOWING THE EFFICACY OF A
SECURITY PROCEDURE APPLIED TO DETERMINE THE PERSON TO WHICH THE
ELECTRONIC RECORD OR ELECTRONIC SIGNATURE WAS ATTRIBUTABLE
.
(2) T
HE EFFECT OF ATTRIBUTION TO A PERSON PURSUANT TO
SUBSECTION
(1) OF THIS SECTION OF A DOCUMENT OR SIGNATURE IS
DETERMINED FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES AT
THE TIME OF ITS CREATION
, EXECUTION, OR ADOPTION AND AS PROVIDED BY
OTHER LAW
.
15-24-206. Notarization and acknowledgment. I
F ANOTHER LAW
OF THIS STATE REQUIRES A SIGNATURE OR RECORD TO BE NOTARIZED
,
ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE REQUIREMENT IS
SATISFIED WITH RESPECT TO AN ELECTRONIC NON
-TESTAMENTARY ESTATE
PLANNING DOCUMENT IF AN INDIVIDUAL AUTHORIZED TO PERFORM THE
NOTARIZATION
, ACKNOWLEDGMENT , VERIFICATION, OR OATH ATTACHES OR
LOGICALLY ASSOCIATES THE INDIVIDUAL
'S ELECTRONIC SIGNATURE ON THE
DOCUMENT TOGETHER WITH ALL OTHER INFORMATION REQUIRED TO BE
INCLUDED UNDER THE OTHER LAW
.
15-24-207. Witnessing and attestation. I
F ANOTHER LAW OF THIS
STATE BASES THE VALIDITY OF A NON
-TESTAMENTARY ESTATE PLANNING
DOCUMENT ON WHETHER IT IS SIGNED
, WITNESSED, OR ATTESTED BY
ANOTHER INDIVIDUAL
, THE SIGNATURE, WITNESSING, OR ATTESTATION OF
THAT INDIVIDUAL MAY BE ELECTRONIC
.
15-24-208. Retention of electronic record - original. (1) E
XCEPT
AS PROVIDED IN SUBSECTION
(2) OF THIS SECTION, IF ANOTHER LAW OF THIS
PAGE 7-HOUSE BILL 24-1248 STATE REQUIRES AN ELECTRONIC NON -TESTAMENTARY ESTATE PLANNING
DOCUMENT TO BE RETAINED
, TRANSMITTED, COPIED, OR FILED, THE
REQUIREMENT IS SATISFIED BY RETAINING
, TRANSMITTING, COPYING, OR
FILING AN ELECTRONIC RECORD THAT
:
(a) A
CCURATELY REFLECTS THE INFORMATION IN THE DOCUMENT
AFTER IT WAS FIRST GENERATED IN FINAL FORM AS AN ELECTRONIC RECORD
OR PURSUANT TO SECTION
15-24-209; AND
(b) REMAINS ACCESSIBLE TO THE EXTENT REQUIRED BY THE OTHER
LAW
.
(2) A
REQUIREMENT PURSUANT TO SUBSECTION (1) OF THIS SECTION
TO RETAIN A RECORD DOES NOT APPLY TO INFORMATION THE SOLE PURPOSE
OF WHICH IS TO ENABLE THE RECORD TO BE SENT
, COMMUNICATED, OR
RECEIVED
.
(3) A
PERSON MAY SATISFY SUBSECTION (1) OF THIS SECTION BY
USING THE SERVICES OF ANOTHER PERSON
.
(4) I
F ANOTHER LAW OF THIS STATE REQUIRES A
NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT TO BE PRESENTED OR
RETAINED IN ITS ORIGINAL FORM
, OR PROVIDES CONSEQUENCES IF A
NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT IS NOT PRESENTED OR
RETAINED IN ITS ORIGINAL FORM
, AN ELECTRONIC RECORD RETAINED IN
ACCORDANCE WITH SUBSECTION
(1) OF THIS SECTION SATISFIES THE OTHER
LAW
.
(5) T
HIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY
FROM SPECIFYING REQUIREMENTS FOR THE RETENTION OF A RECORD SUBJECT
TO THE AGENCY
'S JURISDICTION IN ADDITION TO THOSE IN THIS SECTION. IN
THIS SECTION
, "GOVERNMENTAL AGENCY " MEANS AN EXECUTIVE ,
LEGISLATIVE, OR JUDICIAL AGENCY, DEPARTMENT, BOARD, COMMISSION,
AUTHORITY, INSTITUTION, OR INSTRUMENTALITY OF THE FEDERAL
GOVERNMENT OR OF A STATE OR OF A C OUNTY
, MUNICIPALITY, OR OTHER
POLITICAL SUBDIVISION OF A STATE
.
15-24-209. Certification of paper copy. A
N INDIVIDUAL MAY
CREATE A CERTIFIED PAPER COPY OF AN ELECTRONIC NON
-TESTAMENTARY
ESTATE PLANNING DOCUMENT BY AFFIRMING UNDER PENALTY OF PERJURY
PAGE 8-HOUSE BILL 24-1248 THAT THE PAPER COPY IS A COMPLETE AND ACCURATE COPY OF THE
DOCUMENT
.
15-24-210. Admissibility in evidence. E
VIDENCE RELATING TO AN
ELECTRONIC NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT OR AN
ELECTRONIC SIGNATURE ON THE DOCUMENT MAY NOT BE EXCLUDED IN A
PROCEEDING SOLELY BECAUSE IT IS IN ELECTRONIC FORM
.
15-24-211. Protection of persons without knowledge of
non-testamentary estate planning documents. I
F A PERSON ACTING IN
GOOD FAITH HAS NO ACTUAL KNOWLEDGE OF AN ELECTRONIC
NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT , THEN THE PERSON IS
NOT LIABLE FOR ACTS PERFORMED IN GOOD FAITH AND MAY PRESUME THAT
THE DOCUMENT DOES NOT EXIST
.
PART 3
(Reserved)
PART 4
MISCELLANEOUS PROVISIONS
15-24-401. Uniformity of application and construction. I
N
APPLYING AND CONSTRUING THIS UNIFORM ACT
, A COURT SHALL CONSIDER
THE PROMOTION OF UNIFORMITY OF THE LAW AMONG JURISDICTIONS THAT
ENACT IT
.
15-24-402. Relation to electronic signatures in global and
national commerce act. T
HIS ARTICLE 24 MODIFIES, LIMITS, OR SUPERSEDES
THE FEDERAL
"ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL
COMMERCE ACT", 15 U.S.C. SEC. 7001 ET SEQ., AS AMENDED, BUT DOES NOT
MODIFY
, LIMIT, OR SUPERSEDE 15 U.S.C. SECTION 7001(c), OR AUTHORIZE
ELECTRONIC DELIVERY OF ANY OF THE NOTICES DESCRIBED IN
15 U.S.C.
SECTION 7003(b).
15-24-403. Transitional provision. (1) T
HIS ARTICLE 24 APPLIES
TO AN ELECTRONIC NON
-TESTAMENTARY ESTATE PLANNING DOCUMENT
CREATED
, SIGNED, GENERATED, SENT, COMMUNICATED, RECEIVED, OR
STORED BEFORE
, ON, OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE 24.
(2) T
HIS ARTICLE 24 APPLIES TO THE WILL OF A DECEDENT WHO DIES
ON OR AFTER THE EFFECTIVE DATE OF THIS ARTICLE
24.
PAGE 9-HOUSE BILL 24-1248 SECTION 2. Act subject to petition - effective date. This act
takes effect January 1, 2025; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
held in November 2024 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 10-HOUSE BILL 24-1248 PAGE 11-HOUSE BILL 24-1248