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ROBERT L. EHRLICH, JR., Governor Ch. 381
(III) WAS SENT BY THE PERSON INDICATED, TO THE PERSON
INDICATED, AND ON THE DATE AND TIME INDICATED.
(3) "POSTAL AUTHORITY" MEANS:
(I) THE UNITED STATES POSTAL SERVICE OR OTHER NATIONAL
PUBLIC OR PRIVATE MAIL DELIVERY SERVICE THAT PROVIDES ELECTRONIC
POSTMARKS; OR
(II) A PUBLIC OR PRIVATE ENTITY THAT HAS THE REGULATORY
AUTHORITY OR LEGAL RESPONSIBILITY FOR PROVIDING ELECTRONIC POSTMARKS.
(B) SUBJECT TO § 21-117 OF THIS TITLE, A REQUIREMENT UNDER A LAW
OTHER THAN THIS TITLE TO SEND, COMMUNICATE, OR TRANSMIT A RECORD BY
REGISTERED OR CERTIFIED MAIL, POSTAGE PREPAID, OR BY REGULAR MAIL IS
SATISFIED BY AN ELECTRONIC RECORD THAT:
(1) IS ADDRESSED PROPERLY OR OTHERWISE DIRECTED PROPERLY TO
AN INFORMATION PROCESSING SYSTEM THAT THE RECIPIENT HAS DESIGNATED;
(2) (I) ENTERS AN INFORMATION PROCESSING SYSTEM THAT IS
OUTSIDE THE CONTROL OF THE SENDER; OR
(II) ENTERS A REGION OF AN INFORMATION PROCESSING SYSTEM
THAT IS UNDER THE CONTROL OF THE RECIPIENT;
(3) IS POSTMARKED BY A POSTAL AUTHORITY WITH AN ELECTRONIC
POSTMARK; AND
(4) IS AUTHENTICATED BY AN ELECTRONIC POSTMARK CERTIFICATE.
(C) AN ELECTRONIC RECORD IS SUBJECT TO THE SAME LEGAL PROTECTIONS
AS THE UNITED STATES MAIL IF:
(1) THE ELECTRONIC RECORD MEETS THE REQUIREMENTS OF
SUBSECTION (B) OF THIS SECTION; AND
(2) THE POSTAL AUTHORITY THAT POSTMARKED THE ELECTRONIC
RECORD UNDER SUBSECTION (B)(3) OF THIS SECTION IS THE UNITED STATES POSTAL
SERVICE.
(D) THIS SECTION DOES NOT AUTHORIZE THE USE OF AN ELECTRONIC
POSTMARK OR ELECTRONIC POSTMARK CERTIFICATE FOR THE SERVICE OF A
SUMMONS, COMPLAINT, OR OTHER PAPERS FOR THE PURPOSE OF OBTAINING
JURISDICTION OVER A DEFENDANT IN A LAWSUIT.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2005.
Approved May 10, 2005.
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- 1779 -
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