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H.B. 18
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PARRIS N. GLENDENING, Governor
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electronic records and time and place of receipt of electronic records;
establishing rules for certain electronic records to be transferable records that
transfer certain interests under certain circumstances; establishing rules
governing the enforceability of transferable records and the rights and defenses
available to certain persons under certain circumstances; requiring
governmental agencies to make certain determinations about use of electronic
records and electronic signatures; authorizing governmental agencies that use
electronic records and electronic signatures to establish certain standards and
encourage certain acts; requiring that certain standards adopted by units of
State government be consistent with those specified in the State Information
Technology Master Plan; providing for the construction, effect, and application
of this Act; defining certain terms; making provisions of this Act severable; and
generally relating to electronic records, electronic signatures, and the adoption
of the Maryland Uniform Electronic Transactions Act.
BY adding to
Article - Commercial Law
Section 21-101 through 21-120, inclusive, to be under the new title "Title 21.
The Maryland Uniform Electronic Transactions Act"
Annotated Code of Maryland
(1990 Replacement Volume and 1999 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - Commercial Law
TITLE 21. THE MARYLAND UNIFORM ELECTRONIC TRANSACTIONS ACT.
21-101. DEFINITIONS.
(A) IN THIS TITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED.
(B) "AGREEMENT" MEANS THE BARGAIN OF THE PARTIES IN FACT, AS FOUND
IN THEIR LANGUAGE OR INFERRED FROM OTHER CIRCUMSTANCES AND FROM
RULES, REGULATIONS, AND PROCEDURES GIVEN THE EFFECT OF AGREEMENTS
UNDER LAWS OTHERWISE APPLICABLE TO A PARTICULAR TRANSACTION.
(C) "AUTOMATED TRANSACTION" MEANS A TRANSACTION CONDUCTED OR
PERFORMED, IN WHOLE OR IN PART, BY ELECTRONIC MEANS OR ELECTRONIC
RECORDS, IN WHICH THE ACTS OR RECORDS OF ONE OR BOTH PARTIES ARE NOT
REVIEWED BY AN INDIVIDUAL IN THE ORDINARY COURSE OF FORMING A CONTRACT,
PERFORMING UNDER AN EXISTING CONTRACT, OR FULFILLING AN OBLIGATION
REQUIRED BY THE TRANSACTION.
(D) "COMPUTER PROGRAM" MEANS A SET OF STATEMENTS OR INSTRUCTIONS
TO BE USED DIRECTLY OR INDIRECTLY IN AN INFORMATION PROCESSING SYSTEM IN
ORDER TO BRING ABOUT A CERTAIN RESULT.
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- 4235 -
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