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144th General Assembly
House Bill # 174 w/HA 1

Primary Sponsor: Stone Additional Sponsor(s):    Sen. McBride
CoSponsors: Reps. Gilligan, Hudson, Lofink, Maier, Spence, Valihura; Sen. Sokola
Introduced on : 05/16/2007
Long Title:AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO ELECTRONIC POSTMARKS AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
Synopsis:This bill provides that a legal requirement to send, communicate, or transmit a record by registered or certified mail is satisfied by an electronic record that: (1) is addressed properly or otherwise directed properly to an information processing system designated by the recipient; (2) either enters an information processing system outside the sender's control or enters a region of an information processing system under the recipient's control; (3) is postmarked with a postal service's electronic postmark; and (4) is authenticated by an electronic postmark certificate. An electronic record is subject to the same legal protections as the U.S. mail if it meets these requirements and the U.S. Postal Service is the postal authority that postmarked it. The bill does not authorize the use of an electronic postmark or electronic certificate for the purpose of service of a summons, complaint, or other document for the purpose of obtaining jurisdiction over a defendant in a lawsuit.

The U.S. Postal Service, through its partner, Authentidate, Inc., offers an electronic postmark to verify times and dates that electronic mail (e-mail) is sent and received. The service also verifies the content of the e-mail. The process complies with the federal Electronic Signatures in Global and National Commerce Act, which is similar to Delaware's Uniform Electronic Transactions Act, and provides for the validity of electronic signatures and records.

The cost to send a one-ounce letter via certified mail, return receipt requested, is $4.42. The cost to send a one-ounce letter via registered mail, return receipt requested, is $9.62. Depending on the number of electronic postmarks purchased under a contract, the cost per electronic postmark could be about $0.80 each. For small businesses that send many communications by certified or registered mail to meet a legal requirement, the savings could be significant.

Current Status: Signed   On   06/26/2008
Volume Chapter76:257
Fiscal Note:
Not Required
Date Governor acted:06/26/2008
Full text of Legislation:
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Full text of Legislation:
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Legis.Doc   (You need Microsoft Word to see this document.)

Amendments: HA 1 to HB 174 - Passed
Committee Reports:
House Committee Report 06/07/07 F=0 M=10 U=0---->Committee Report
Senate Committee report 01/22/08 F=0 M=5 U=0----->Committee Report
Voting Reports:
House vote: () Passed 6/27/07 3:19:47 PM------->Voting Record
Senate vote: () Passed 6/17/08 5:25:06 PM------->Voting Record
Engrossed Version:
Engrossment------->Engrossment
Actions History:
Jun 26, 2008 - Signed by Governor
Jun 17, 2008 - Passed by Senate. Votes: Passed 21 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
Jan 22, 2008 - Reported Out of Committee (SMALL BUSINESS) in Senate with 5 On Its Merits
Jan 09, 2008 - Assigned to Small Business Committee in Senate
Jun 27, 2007 - Passed by House of Representatives. Votes: 40 YES 0 NO 0 NOT VOTING 1 ABSENT
Jun 27, 2007 - Amendment HA 1 - Passed in House by Voice Vote
Jun 27, 2007 - Lifted From Table in House
Jun 27, 2007 - Laid On Table in House
Jun 26, 2007 - Amendment HA 1 - Introduced and Placed With Bill
Jun 07, 2007 - Reported Out of Committee (ECONOMIC DEVELOPMENT/BANKING & INSURANCE) in House with 10 On Its Merits
May 16, 2007 - Introduced and Assigned to Economic Development/Banking & Insurance Committee in House
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