2001 REGULAR SESSION (71st)                                                                         A SB49 R1 741

Amendment No. 741

 

Assembly Amendment to Senate Bill No. 49  First Reprint                                                  (BDR 59‑258)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend sec. 20, page 3, line 4, after “trusts;” by inserting “or”.

     Amend sec. 20, page 3, by deleting lines 7 and 8 and inserting “104A.2532, inclusive.”.

     Amend sec. 21, page 3, line 15, before “The” by inserting “1.”.

     Amend sec. 21, page 3, between lines 17 and 18, by inserting:

     “2.  The provisions of section 101(c) of the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §§ 101 et seq., apply under this chapter to a transaction in which a natural person acquires goods or services that are used primarily for personal, family or household purposes.”.

     Amend sec. 24, pages 3 and 4, by deleting lines 47 through 49 on page 3 and lines 1 through 4 on page 4, and inserting:

“electronic means and a law requires that a contract or other record relating to the transaction be in writing, the legal effect, validity or enforceability of the contract or other record may be denied if an electronic record of the contract or other record is not in a form that is capable of being retained and accurately reproduced for later reference by all parties or other persons who are entitled to retain the contract or record.”.

     Amend sec. 24, page 4, line 11, by deleting “4,” and inserting “6,”.

     Amend sec. 24, page 4, by deleting lines 19 through 24 and inserting:

     “4.  A requirement that a notice be in writing is not satisfied by providing or delivering the notice electronically if the notice is a notice of:

     (a) The cancellation or termination of service by a public utility;

     (b) Default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of a natural person;    (c) The cancellation or termination of a policy of health insurance, benefits received pursuant to a policy of health insurance or benefits received pursuant to a policy life insurance, excluding annuities; or

     (d) The recall of a product, or material failure of a product, that risks endangering the health or safety of a person.

     5.  A requirement that a document be in writing is not satisfied by providing or delivering the document electronically if the document is required to accompany any transportation or handling of hazardous materials, pesticides, or other toxic or dangerous materials.

     6.  The requirements of this section may not be varied by agreement, but:

     (a) To the extent a law other than this chapter requires that a contract or other record relating to a transaction to be in writing but permits that requirement to be varied by agreement, the provisions of subsection 1 concerning the denial of the legal effect, validity or enforceability of a contract or other record relating to a transaction”.

     Amend sec. 28, page 5, by deleting line 29 and inserting:

     “(b) Remains accessible to all persons who are legally entitled to access to the record, for the period required by law, in a form that is capable of being accurately reproduced for later reference.”.