Colorado § 24-71.3-118 - Acceptance and distribution of electronic records by governmental agencies.

§ 24-71.3-118. Acceptance and distribution of electronic records by governmental agencies.

(1) Except as otherwise provided in section 24-71.3-112 (6), each department, board, commission, authority, institution, or instrumentality of the state in consultation with the office of information technology, created in section 24-37.5-103, and the state archivist and in accordance with policies, standards, and guidelines set forth by the office may determine the extent to which such department, board, commission, authority, institution, or instrumentality shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. A county, municipality, or other political subdivision, or any of their instrumentalities, shall have the general power, in relation to the administration of the affairs of a county, municipality, or of their political subdivision, or any of their instrumentalities, to determine the extent to which it will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.

(2) (Deleted by amendment, L. 2007, p. 916, § 14, effective May 17, 2007.)

(3) Except as otherwise provided in section 24-71.3-112 (6), this article does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.

(4) Repealed.

Source: L. 2002: Entire article added, p. 855, § 1, effective May 30. L. 2003: (1) amended and (2) RC&RE, p. 2642, §§ 1, 2, effective January 1, 2004. L. 2007: (1) and (2) amended, p. 916, § 14, effective May 17.

Editor's note: Subsection (4) provided for the repeal of subsections (2) and (4), effective December 31, 2002, unless the secretary of state certified that the secretary of state had received gifts, grants, or donations equaling at least two hundred thousand dollars to pay for the developmental costs associated with the implementation of House Bill 02-1326 by December 1, 2002. (See L. 2002, p. 855.) As of December 1, 2002, the secretary of state did not so certify. Subsection (2) was subsequently recreated in 2003 and deleted by amendment in 2007.

OFFICIAL COMMENT

See Comments following Section 19 (§ 24-71.3-119).