The office of information technology, created in section 24-37.5-103, may, in adopting policies, standards, and guidelines pursuant to section 24-71.3-118, encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those policies, standards, and guidelines may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.
Source: L. 2002: Entire article added, p. 856, § 1, effective May 30. L. 2003: Entire section amended, p. 2643, § 3, effective January 1, 2004. L. 2007: Entire section amended, p. 916, § 15, effective May 17.
However, there are other circumstances when government ought to establish the ability to proceed in transactions electronically. Whether in regard to records and communications within and between governmental agencies, or with respect to information and filings which must be made with governmental agencies, these sections allow a State to establish the ground work for such electronicization.
Of paramount importance in all States however, is the need for States to assure that whatever systems and rules are adopted, the systems established are compatible with the systems of other governmental agencies and with common systems in the private sector. A very real risk exists that implementation of systems by myriad governmental agencies and offices may create barriers because of a failure to consider compatibility, than would be the case otherwise.
Legislative Note Regarding Adoption of Sections 17-19
1. Sections 17-19 are optional sections for consideration by individual legislatures for adoption, and have been bracketed to make this clear. The inclusion or exclusion of Sections 17-19 will not have a detrimental impact on the uniformity of adoption of this Act, so long as Sections 1-16 are adopted uniformly as presented. In some States Sections 17-19 will be unnecessary because legislation is already in place to authorize and implement government use of electronic media. However, the general authorization provided by Sections 17-19 may be critical in some States which desire to move forward in this area.
2. In the event that a state legislature chooses to adopt Sections 17-19, a number of issues must be addressed:
3. If a State chooses not to enact Sections 17-19, UETA Sections 1-16 will still apply to governmental entities when acting as a "person" engaging in "transactions" within its scope. The definition of transaction includes "governmental affairs." Of course, like any other party, the circumstances surrounding a transaction must indicate that the governmental actor has agreed to act electronically (See Section 5(b)), but otherwise all the provisions of Sections 1-16 will apply to validate the use of electronic records and signatures in transactions involving governmental entities.
If a State does choose to enact Sections 17-19, Sections 1-16 will continue to apply as above. In addition, Sections 17-19 will provide authorization for intra-governmental uses of electronic media. Finally, Sections 17-19 provide a broader authorization for the State to develop systems and procedures for the use of electronic media in its relations with non-governmental entities and persons.
Structure Colorado Code
Article 71.3 - Uniform Electronic Transactions Act
§ 24-71.3-104. Prospective Application
§ 24-71.3-105. Use of Electronic Records and Electronic Signatures - Variation by Agreement
§ 24-71.3-106. Construction and Application
§ 24-71.3-108. Provision of Information in Writing - Presentation of Records
§ 24-71.3-109. Attribution and Effect of Electronic Record and Electronic Signature
§ 24-71.3-110. Effect of Change or Error
§ 24-71.3-111. Notarization and Acknowledgment
§ 24-71.3-112. Retention of Electronic Records - Originals
§ 24-71.3-113. Admissibility in Evidence
§ 24-71.3-114. Automated Transaction
§ 24-71.3-115. Time and Place of Sending and Receipt
§ 24-71.3-116. Transferable Records
§ 24-71.3-117. Creation and Retention of Electronic Records by Political Subdivisions
§ 24-71.3-118. Acceptance and Distribution of Electronic Records by Governmental Agencies
§ 24-71.3-119. Interoperability