CT
Connecticut House Bill HB05521

Connecticut 2012 Regular Session

Connecticut House Bill HB05521 Compare Versions

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1-Substitute House Bill No. 5521
1+General Assembly Substitute Bill No. 5521
2+February Session, 2012 *_____HB05521GAE___033012____*
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3-Public Act No. 12-185
4+General Assembly
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5-AN ACT CONCERNING THE USE OF AN ELECTRONIC DELIVERY SERVICE UNDER THE CONNECTICUT UNIFORM ELECTRONIC TRANSACTIONS ACT AND DEFINING ELECTRONIC MAIL.
6+Substitute Bill No. 5521
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8+February Session, 2012
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10+*_____HB05521GAE___033012____*
11+
12+AN ACT CONCERNING A STUDY OF ELECTRONIC OR DIGITAL METHODS OF COMMUNICATION IN LIEU OF MAILED COMMUNICATIONS.
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714 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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9-Section 1. (NEW) (Effective October 1, 2012) Wherever in the general statutes or public acts the term "electronic mail" is used, such term shall be deemed to include an electronic delivery service that delivers communications to their intended recipients by matching an electronic mail address to a person's United States Postal Service physical address and uses security methods such as passwords or encryption.
16+Section 1. (Effective from passage) (a) The Department of Administrative Services shall study the feasibility of amending the general statutes to permit any state agency, quasi-public agency, political subdivision of the state or business entity to send communications using digital or electronic mail instead of by first class or United States mail, provided the intended recipient of any such communication has opted to receive communications electronically or digitally. Such study shall include, but not be limited to, (1) the implications of the Electronic Signatures in Global and National Commerce Act 15 USC 96 and chapter 15 of the general statutes on such communications, (2) methods to avoid infringing upon the due process rights of the intended recipient, and (3) methods for the sender to verify receipt of digital or electronic communications. In conducting such study the department shall solicit the input of interested parties, including, but not limited to, town clerks, representatives of state residents who receive benefits from the Department of Social Services and providers of digital or electronic mail services.
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11-Sec. 2. Section 1-267 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
18+(b) Not later than January 1, 2013, the department shall submit its recommendations concerning such study, in accordance with the provisions of section 11-4a of the general statutes, including a list of the general statutes that the department finds appropriate to amend to permit the use of digital or electronic mail, to the joint standing committee of the General Assembly having cognizance of matters relating to government administration.
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13-As used in sections 1-266 to 1-286, inclusive:
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15-(1) "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and from rules, regulations and procedures given the effect of agreements under laws otherwise applicable to a particular transaction.
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17-(2) "Automated transaction" means a transaction conducted or performed, in whole or in part, by electronic means or electronic records in which the acts or records of one or both parties are not reviewed by an individual in the ordinary course of forming a contract, performing under an existing contract or fulfilling an obligation required by the transaction.
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19-(3) "Computer program" means a set of statements or instructions to be used directly or indirectly in an information processing system in order to bring about a certain result.
23+This act shall take effect as follows and shall amend the following sections:
24+Section 1 from passage New section
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21-(4) "Contract" means the total legal obligation resulting from the parties' agreement as affected by sections 1-266 to 1-286, inclusive, and other applicable law.
26+This act shall take effect as follows and shall amend the following sections:
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23-(5) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical or electromagnetic capabilities or similar capabilities.
28+Section 1
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25-(6) "Electronic agent" means a computer program or an electronic or other automated means used independently to initiate an action or respond to electronic records or performances, in whole or in part, without review or action by an individual.
30+from passage
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27-(7) "Electronic record" means a record created, generated, sent, communicated, received or stored by electronic means, including, but not limited to, facsimiles, electronic mail, telexes, [and] Internet messaging and an electronic delivery service that delivers communications to their intended recipients while using a security procedure.
32+New section
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29-(8) "Electronic signature" means 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.
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31-(9) "Governmental agency" means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of a state or of a county, municipality or other political subdivision of a state.
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33-(10) "Information" means data, text, images, sounds, codes, computer programs, software, databases or the like.
36+GAE Joint Favorable Subst.
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35-(11) "Information processing system" means an electronic system for creating, generating, sending, receiving, storing, displaying or processing information.
38+GAE
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37-(12) "Person" has the same meaning as provided in subsection (k) of section 1-1.
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39-(13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
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41-(14) "Security procedure" means a procedure employed for the purpose of verifying that an electronic signature, record or performance is that of a specific person or for detecting changes or errors in the information in an electronic record, including a method that matches an electronic mail address to a person's United States Postal Service physical address and a procedure that requires the use of algorithms or other codes, identifying words or numbers, encryption or callback or other acknowledgment procedures.
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43-(15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States, including an Indian tribe or band, or an Alaskan native village, that is recognized by federal law or formally acknowledged by a state.
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45-(16) "Transaction" means an action or set of actions occurring between two or more persons relating to the conduct of business, consumer, commercial, charitable or governmental affairs.
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47-Sec. 3. Section 4-60r of the 2012 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2012):
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49-Each state agency of the Executive Department of the state government shall review its existing policies concerning the mailing of notifications or other documents to clients of such agency and shall use electronic notification and correspondence with such clients where deemed appropriate by such agency and where not in conflict with any provision of the general statutes. [If such notification or correspondence is mandated by a provision of the general statutes to be sent by first class mail, the agency may request the joint standing committee of the General Assembly having cognizance of matters relating to such agency to introduce legislation to provide for the electronic transmission of such notification or correspondence. ]
40+Joint Favorable Subst.