CHAPTER 257

FORMERLY

HOUSE BILL NO. 174

AS AMENDED BY

HOUSE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 6 OF THE DELAWARE CODE RELATING TO ELECTRONIC POSTMARKS AND THE UNIFORM ELECTRONIC TRANSACTIONS ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend §12A-102, Title 6 of the Delaware Code by redesignating subsections (7) to (16) as subsections (8) to (17) respectively and by adding to §12A-102 a new subsection (7) to read:

"(7) 'Electronic postmark certificate' means evidentiary proof provided to the sender or recipient of an electronic record that the electronic record:

a. was postmarked by a postal authority with a valid electronic postmark on the date and time indicated;

b. was transmitted in a certain form on a specific date and time; and

c. was sent by the person indicated, to the person indicated, and on the date and time indicated.".

Section 2. Amend §12A-102, Title 6 of the Delaware Code by redesignating subsections (14) to (17) as subsections (15) to (18) respectively and by adding to §12A-102 a new subsection (14) to read:

"(14) 'Postal authority' means:

a. the United States Postal Service or other national public or private mail delivery service that provides electronic postmarks; or

b. a public or private entity that has the regulatory authority or legal responsibility for providing electronic postmarks.".

Section 3. Amend §12A-108, Title 6 of the Delaware Code by adding thereto a new paragraph (3) to subsection (d) and new subsections (e), (f) and (g) to read:

"(3) A requirement under a law other than under 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:

a. is addressed properly or otherwise directed properly to an information processing system that the recipient has designated; and

b. provides a contractually obligated reliable and assured delivery to the recipient; and

c. enters an information processing system that is outside the control of the sender; or

d. enters a region of an information processing system that is under the control of the recipient; and

e. is postmarked by a postal authority with an electronic postmark; and

f. is authenticated by an electronic postmark certificate.

(e) 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 (d) of this section; and

(2) the postal authority that postmarked the electronic record under subsection (3)d. of this section is the United States Postal Service.

(f) This section does not authorize the use of an electronic postmark or electronic postmark certificate for the service of a summons, complaint, or other document for the purpose of obtaining jurisdiction over a defendant in a lawsuit.

(g) An electronic postmark may be used only with the mutual consent of both the sender and the recipient.”

Approved June 26, 2008