ELECTRONIC COMMUNICATIONS COMMITTEE

Minutes of Meeting

June 20, 2000

A regular meeting of the Connecticut Law Revision Commission Electronic Communications Committee was held in Room 509A of the State Capitol Building in Hartford on Tuesday, June 20, 2000 at 10:00 a.m. Members present were: Sharon Aresco; Wanda Dupuy; Marc Edrich; Elizabeth Gara; Gary W. Hawes; Richard Hogan; Max Iori; Dennis LaGanza; Houston Lowry; Robert Mitchell; Douglas Simpson; Jo Roberts; Jacqueline Scheib; Peter Schroth; Steven Schwane; and Fillis Stober. Also present were David Biklen and Joy McConnell for Norm Roos.

Ms Roberts opened the meeting.

The members discussed the Electronic Signatures in Global and National Commerce Act recently passed by Congress. The act preempts state law pertaining to interstate and foreign commerce as to the matters covered by the act; except that, as provided in section 102 (a) of the act:

A State statute, regulation, or other rule of law may modify, limit or supersede the provisions of section 101 with respect to State law only if such statute, regulation, or rule of law –

(1) constitutes an enactment or adoption of the Uniform Electronic Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999, except that any exception to the scope of such Act enacted by a State under section 3(b)(4) of such Act shall be preempted to the extent such exception is inconsistent with this title or title II, or would not be permitted under paragraph (2)(A)(ii) of this subsection....

The members agreed that the committee should continue to move forward with its review of UETA, because (1) the federal act specifically allows states to legislate in this area in accordance with UETA, (2) the federal act does not apply to solely intrastate commerce, and (3) UETA covers topics that the federal act does not.

The members agreed to include the consumer disclosures (section 101(c)) and additional exclusions from the federal act (section 103(b)) into UETA.

The members resumed discussion section 3, Scope, of UETA. It was agreed to exclude the state recording statutes from application of the act.

The members discussed sections 5 through 7 of UETA. The sections will be redrafted as discussed.

A request was made that future meetings be held in the Legislative Office Building. Ms Roberts will check on the availability of a hearing room for the July meeting.

There being no further business, the meeting was adjourned. The next meeting of the Electronic Communications Committee will be held on Tuesday, July 18, 2000 at 10:00 a.m. in a location to be determined.

Respectfully submitted,

/S/

Jo A. Roberts
Reporter/Drafter