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ESIGN State Laws Colorado
Colorado adopted UETA in 2002 with Colorado Uniform Electronic Transactions Act (HB1326) and entered it as Stat. ยง24-71.3-101 (available here)
GOVERNMENT ELECTRONIC TRANSACTIONS ACT OF 1999 - (online here)
24-71.1-105. Electronic records. A record covered by this article may not be denied legal effect, validity, or enforceability solely because it is in the form of an electronic record. Except as otherwise provided in this article, if a rule of law requires a record to be in writing or provides consequences if it is not, an electronic record satisfies that rule of law.
24-71.1-106. Electronic signatures.
(1) a signature executed in a governmental transaction may not be denied legal effect, validity, or enforceability solely because it is in the form of an electronic signature. If a rule of law requires a signature or provides consequences in the absence of a signature, an electronic signature satisfies that rule of law.
(2) in any governmental transaction in which a signature is required or used, any party to the transaction may affix a signature by use of an electronic signature that complies with rules prescribed by the director, for governmental transactions with state agencies; by the applicable governing body, for governmental transactions with local public entities; or by the supreme court, for governmental transactions with the state judicial system. In promulgating rules on the validity of electronic signatures as an alternative to manual signatures for governmental transactions, the director or governing body shall consider, among other appropriate factors, whether or not the electronic signature must be:(a) unique to the person using it;
(b) capable of verification;
(c) under the sole control of the person using it; and
(d) linked to data in such a manner that the electronic signature is invalidated if any data is changed.24-71.1-107. Admissibility into evidence. Subject to the provisions of section 13-25-134, c.r.s., electronic records or electronic signatures shall not be inadmissible in evidence solely on the ground that they are in electronic form, are not in original form, or are not originals.
24-71.1-108. Originals. If a rule of law requires a record to be presented or retained in its original form, or provides consequences for the record not being presented or retained in its original form, that requirement is met by an electronic record if it accurately reproduces the original record as it existed at the time in question.
24-71.1-109. Retention of electronic records. If a rule of law requires that a record be retained, that requirement is met by retaining an electronic record if it accurately reproduces the original record as it existed at the time in question and for so long as may be required by law. Nothing in this section shall preclude any public entity from specifying additional requirements for the retention of records, either written or electronic, that are subject to the jurisdiction of such public entity.
24-71.1-110. Technical standards - rules. (1) (a) the director shall adopt rules, standards, procedures, and policies for the use of electronic records and electronic signatures by public entities. If appropriate, those standards, policies, and procedures must specify differing levels of security from which public entities may choose in implementing the most appropriate standard for a particular application.
COLORADO HOUSE BILL 99-1079 OF 1999 - (online here)
24-71-101. Digital signatures. (1) As used in this article, "digital signature" or "electronic signature" means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature.
(2) In any written communication in which a signature is required or used, any party to the communication may affix a signature by use of an electronic or digital signature that complies with the requirements of this section. The use of an electronic or digital signature shall have the same force and effect as the use of a manual signature if:
(a) It is unique to the person using it;
(b) It is capable of verification;Both the user and the file being signed is capable of being verified.
(c) It is under the sole control of the person using it;
As described in (1), only an authorized user would know the correct combination of User Name, Password and Email address.
(d) It is linked to data in such a manner that the electronic or digital signature is invalidated if any data is changed;
(e) It conforms to rules promulgated by the executive director of the department of personnel pursuant to section 24-30-1604(1).
(3) The use or acceptance of an electronic or digital signature shall be at the option of the parties. Nothing in this section shall require any person to use or permit the use of an electronic or digital signature.
COLORADO SENATE BILL 155 OF 1997 - (online here)
COLORADO HOUSE BILL 1043 OF 1998 - (online here)
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