reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 14 - Freedom of Information Act › Section 1-240. (Formerly Sec. 1-21k). - Penalties.

(a) Any person who wilfully, knowingly and with intent to do so, destroys, mutilates or otherwise disposes of any public record without the approval required under section 1-18 or unless pursuant to chapter 47 or 871, or who alters any public record, shall be guilty of a class A misdemeanor and each such occurrence shall constitute a separate offense.
(b) Any member of any public agency who fails to comply with an order of the Freedom of Information Commission shall be guilty of a class B misdemeanor and each occurrence of failure to comply with such order shall constitute a separate offense.
(P.A. 75-342, S. 16; P.A. 79-631, S. 24, 111; P.A. 82-188, S. 2, 3.)
History: P.A. 79-631 made technical changes; P.A. 82-188 amended Subsec. (a) by adding the exception of records destroyed pursuant to chapter 871; Sec. 1-21k transferred to Sec. 1-240 in 1999.
Annotations to former section 1-21k:
Cited. 174 C. 308; 181 C. 324; 184 C. 102; 190 C. 235; 192 C. 310; 198 C. 498; 204 C. 609; 205 C. 767; 206 C. 449; 207 C. 698; 208 C. 442; 209 C. 204; 210 C. 590; Id., 646; 212 C. 100; 213 C. 126; Id., 216; 214 C. 312; 216 C. 253; 217 C. 153; Id., 193; 218 C. 256; Id., 757; 220 C. 225; 221 C. 217; Id., 300; Id., 393; Id., 482; Id., 549; 222 C. 621; 228 C. 158; Id., 271.
Cited. 2 CA 600; 4 CA 468; 14 CA 380; judgment reversed, see 210 C. 646; 19 CA 352; Id., 539; 20 CA 671; 22 CA 316; 29 CA 821; 35 CA 111; 37 CA 589; 42 CA 402; 43 CA 133.
Cited. 41 CS 31; Id., 267; 42 CS 84; Id., 129; Id., 291.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 14 - Freedom of Information Act › Section 1-241. (Formerly Sec. 1-21l). - Injunctive relief from frivolous, unreasonable or harassing freedom of information appeals.

A public agency, as defined in subdivision (1) of section 1-200, may bring an action to the Superior Court against any person who was denied leave by the Freedom of Information Commission to have his appeal heard by the commission under subsection (b) of section 1-206 because the commission determined and found that such appeal or the underlying request would perpetrate an injustice or would constitute an abuse of the commission's administrative process. The action authorized under this section shall be limited to an injunction prohibiting such person from bringing any further appeal to the commission which would perpetrate an injustice or would constitute an abuse of the commission's administrative process. If, after such an injunction is ordered, the person subject to the injunction brings a further appeal to the Freedom of Information Commission and the commission determines that such appeal would perpetrate an injustice or would constitute an abuse of the commission's administrative process, such person shall be conclusively deemed to have violated the injunction and such agency may seek further injunctive and equitable relief, damages, attorney's fees and costs, as the court may order.
(P.A. 93-191, S. 2, 4; P.A. 97-47, S. 14.)
History: P.A. 93-191 effective July 1, 1993; P.A. 97-47 made a technical change; Sec. 1-21
l
transferred to Sec. 1-241 in 1999.
Annotations to former section 1-21
l
:
Cited. 37 CA 589; 42 CA 402; 43 CA 133.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 14 - Freedom of Information Act › Section 1-242. - Actions involving provisions of the Freedom of Information Act. Notice of litigation to the Freedom of Information Commission. Intervention by commission.

(a) In any action involving the assertion that a provision of the Freedom of Information Act has been violated or constitutes a defense, the court to which such action is brought shall make an order requiring the party asserting such violation or defense, as applicable, to provide the Freedom of Information Commission with notice of the action and a copy of the complaint and all pleadings in the action by first-class mail or personal service to the address of the commission's office.
(b) Upon the filing of a verified pleading by the commission, the court to which an action described in subsection (a) of this section is brought may grant the commission's motion to intervene in the action for purposes of participating in any issue involving a provision of the Freedom of Information Act.
(P.A. 04-206, S. 1.)
History: P.A. 04-206 effective June 3, 2004.
Subsec. (a): Statutory scheme does not require that any and all issues involving FOIA must be raised to and resolved by the commission before an action may be commenced in Superior Court. 199 CA 88.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-260 to 1-265. - Definitions. Exemptions. Electronic records. Electronic signatures. Regulations. Reports.

Sections 1-260 to 1-265, inclusive, are repealed, effective October 1, 2002.
(P.A. 99-155, S. 1–6; P.A. 00-66, S. 8; 00-134, S. 2–4; P.A. 02-68, S. 22.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-266. - Short title: Connecticut Uniform Electronic Transactions Act.

Sections 1-266 to 1-286, inclusive, shall be known and may be cited as the “Connecticut Uniform Electronic Transactions Act”.
(P.A. 02-68, S. 1.)
History: (Revisor's note: Quotation marks were inserted editorially by the Revisors for consistency and proper form).
See Secs. 7-35aa to 7-35gg, inclusive, re Uniform Real Property Electronic Recording Act.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-268. - Scope.

(a) Except as otherwise provided in subsection (b) or (c) of this section, sections 1-266 to 1-286, inclusive, apply to electronic records and electronic signatures relating to a transaction.
(b) Sections 1-266 to 1-286, inclusive, do not apply to a transaction to the extent it is governed by:
(1) A law governing the creation and execution of wills, codicils or testamentary trusts; or
(2) Except to the extent provided in section 1-281, the Uniform Commercial Code, other than section 42a-1-306 and articles 2 and 2A of title 42a.
(c) (1) Sections 1-266 to 1-286, inclusive, apply to a transaction governed by the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but are not intended to limit, modify or supersede the provisions of 15 USC 7001(c); and
(2) Unless a notice is subject to the Electronic Signatures in Global and National Commerce Act, 15 USC 7003, sections 1-266 to 1-286, inclusive, do not apply to a notice to the extent that it is governed by a law requiring the furnishing of:
(A) Notice of the cancellation or termination of utility services, including water, heat, gas, cable television or other services, oil, telephone and electric power;
(B) Notice of default, acceleration, repossession, foreclosure or eviction, or the right to cure, under a credit agreement secured by, or a rental agreement for, a primary residence of an individual;
(C) Notice of the cancellation or termination of health insurance or benefits or life insurance benefits, excluding annuities;
(D) Notice of the recall of a product, or the material failure of a product, that risks endangering health or safety; or
(E) Any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials.
(d) Sections 1-266 to 1-286, inclusive, do not apply to any of the rules of court practice and procedure under the Connecticut Practice Book.
(e) Sections 1-266 to 1-286, inclusive, apply to an electronic record or electronic signature otherwise excluded from the application of sections 1-266 to 1-286, inclusive, under subsection (b), (c) or (d) of this section to the extent that the electronic record or electronic signature is governed by a law other than those specified in subsection (b), (c) or (d) of this section.
(f) A transaction subject to sections 1-266 to 1-286, inclusive, is also subject to other applicable substantive law.
(P.A. 02-68, S. 3; P.A. 03-278, S. 4; P.A. 05-109, S. 41; P.A. 08-56, S. 8.)
History: P.A. 03-278 added reference to article 2A in Subsec. (b)(2), effective July 9, 2003; P.A. 05-109 amended Subsec. (b)(2) by replacing reference to Secs. 42a-1-107 and 42a-1-206 with reference to Sec. 42a-1-306; P.A. 08-56 deleted Subsec. (b)(3) re certain conveyance documents, effective October 1, 2009.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-269. - Prospective application.

Sections 1-266 to 1-286, inclusive, apply to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after October 1, 2002.
(P.A. 02-68, S. 4.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-270. - Use of electronic records and electronic signatures. Variation by agreement.

(a) Sections 1-266 to 1-286, inclusive, do not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form.
(b) Sections 1-266 to 1-286, inclusive, apply only to transactions between parties each of which has agreed to conduct transactions by electronic means. Whether the parties agree to conduct a transaction by electronic means is determined from the context of the transaction and surrounding circumstances, including the parties' conduct.
(c) A party that agrees to conduct a transaction by electronic means may refuse to conduct other transactions by electronic means. The right granted by this subsection may not be waived by agreement.
(d) Except as otherwise provided in sections 1-266 to 1-286, inclusive, the effect of any provision of sections 1-266 to 1-286, inclusive, may be varied by agreement. The presence in certain provisions of sections 1-266 to 1-286, inclusive, of the words “unless otherwise agreed”, or words of similar import, does not imply that the effect of other provisions may not be varied by agreement.
(e) Whether an electronic record or electronic signature has legal consequences is determined by sections 1-266 to 1-286, inclusive, and other applicable law.
(P.A. 02-68, S. 5.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-271. - Construction and application.

Sections 1-266 to 1-286, inclusive, shall be construed and applied:
(1) To facilitate electronic transactions consistent with other applicable law;
(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of such practices; and
(3) To effectuate their general purpose to make uniform the law with respect to the subject of sections 1-266 to 1-286, inclusive, among states enacting such law.
(P.A. 02-68, S. 6.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-272. - Legal recognition of electronic records, electronic signatures and electronic contracts.

(a) A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in the formation of the contract.
(c) If a law requires a record to be in writing, an electronic record satisfies the law.
(d) If a law requires a signature, an electronic signature satisfies the law.
(P.A. 02-68, S. 7.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-273. - Provision of information in writing. Presentation of records.

(a) If the parties to a transaction have agreed to conduct the transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in an electronic record capable of retention by the recipient at the time of receipt. An electronic record is not capable of retention by the recipient if the sender or the sender's information processing system inhibits the ability of the recipient to print or store the electronic record.
(b) If a law other than sections 1-266 to 1-286, inclusive, requires a record to (1) be posted or displayed in a certain manner, (2) be sent, communicated or transmitted by a specified method, or (3) contain information that is formatted in a certain manner, the following rules apply:
(A) The record shall be posted or displayed in the manner specified in the other law.
(B) Except as otherwise provided in subdivision (2) of subsection (d) of this section, the record shall be sent, communicated or transmitted by the method specified in the other law.
(C) The record shall contain the information formatted in the manner specified in the other law.
(c) If a sender inhibits the ability of a recipient to store or print an electronic record, the electronic record is not enforceable against the recipient.
(d) The requirements of this section may not be varied by agreement, except that:
(1) To the extent a law other than sections 1-266 to 1-286, inclusive, requires information to be provided, sent or delivered in writing but permits such requirement to be varied by agreement, the requirement under subsection (a) of this section that the information be in the form of an electronic record capable of retention may also be varied by agreement; and
(2) A requirement under a law other than sections 1-266 to 1-286, inclusive, to send, communicate or transmit a record by a specified means of delivery may be varied by agreement to the extent permitted by the other law.
(P.A. 02-68, S. 8.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-274. - Attribution and effect of electronic record and electronic signature.

(a) An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to which the electronic record or electronic signature was attributable.
(b) The effect of an electronic record or electronic signature attributed to a person under subsection (a) of this section is determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and otherwise as provided by law.
(P.A. 02-68, S. 9.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-275. - Effect of change or error.

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply:
(1) If the parties have agreed to use a security procedure to detect changes or errors and one party has conformed to the procedure, but the other party has not, and the nonconforming party would have detected the change or error had that party also conformed, the conforming party may avoid the effect of the changed or erroneous electronic record.
(2) In an automated transaction involving an individual, the individual may avoid the effect of an electronic record that resulted from an error made by the individual in dealing with the electronic agent of another person if the electronic agent did not provide an opportunity for the prevention or correction of the error and, at the time the individual learns of the error, the individual:
(A) Promptly notifies the other person of the error and that the individual did not intend to be bound by the electronic record received by the other person;
(B) Takes reasonable steps, including steps that conform to the other person's reasonable instructions, to return to the other person or, if instructed by the other person, to destroy the consideration received, if any, as a result of the erroneous electronic record; and
(C) Has not used or received any benefit or value from the consideration, if any, received from the other person.
(3) If neither subdivision (1) nor (2) of this section applies, the change or error shall have the effect provided by other applicable law, including the law of mistake, and the parties' contract, if any.
(4) Subdivisions (2) and (3) of this section may not be varied by agreement.
(P.A. 02-68, S. 10.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-276. - Notarization and acknowledgment.

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform such acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.
(P.A. 02-68, S. 11.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-277. - Retention of electronic records; originals.

(a) If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that:
(1) Accurately reflects the information set forth in the record after it was first generated in its final form as an electronic record or otherwise; and
(2) Remains accessible for later reference.
(b) A requirement to retain a record in accordance with subsection (a) of this section does not apply to any information the sole purpose of which is to enable the record to be sent, communicated or received.
(c) A person may satisfy subsection (a) of this section by using the services of another person if the requirements of said subsection are satisfied.
(d) If a law requires a record to be presented or retained in its original form, or provides consequences if the record is not presented or retained in its original form, such law is satisfied by an electronic record retained in accordance with subsection (a) of this section.
(e) If a law requires retention of a check, the requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection (a) of this section.
(f) A record retained as an electronic record in accordance with subsection (a) of this section satisfies a law requiring a person to retain a record for evidentiary, audit or like purposes, unless a law enacted after October 1, 2002, specifically prohibits the use of an electronic record for the specified purpose.
(g) This section does not preclude a governmental agency in this state from specifying additional requirements for the retention of a record subject to the agency's jurisdiction, except as otherwise required by the State Librarian or the Public Records Administrator in accordance with sections 11-8 and 11-8a.
(P.A. 02-68, S. 12.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-279. - Automated transaction.

In an automated transaction, the following rules apply:
(1) A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions or the resulting terms and agreements.
(2) A contract may be formed by the interaction of an electronic agent and an individual, acting on the individual's own behalf or for another person, including by an interaction in which the individual performs actions that the individual is free to refuse to perform and which the individual knows or has reason to know will cause the electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law applicable to the contract.
(P.A. 02-68, S. 14.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-280. - Time and place of sending and receipt.

(a) Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it:
(1) Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record;
(2) Is in a form capable of being processed by such system; and
(3) Enters an information processing system outside the control of the sender or of a person that sent the electronic record on behalf of the sender or enters a region of the information processing system designated or used by the recipient that is under the control of the recipient.
(b) Unless otherwise agreed between the sender and the recipient, an electronic record is received when it:
(1) Enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent and from which the recipient is able to retrieve the electronic record; and
(2) Is in a form capable of being processed by such system.
(c) Subsection (b) of this section applies even if the place where the information processing system is located is different from the place where the electronic record is deemed to be received under subsection (d) of this section.
(d) Unless otherwise expressly provided in the electronic record or agreed between the sender and the recipient, an electronic record is deemed to be sent from the sender's place of business and to be received at the recipient's place of business. For the purposes of this subsection, the following rules apply:
(1) If the sender or the recipient has more than one place of business, the place of business of the sender or the recipient, as the case may be, is the sender's or recipient's place of business having the closest relationship to the underlying transaction.
(2) If the sender or the recipient does not have a place of business, the place of business of the sender or the recipient, as the case may be, is the sender's or recipient's residence.
(e) An electronic record is received under subsection (b) of this section even if no individual is aware of its receipt.
(f) Receipt of an electronic acknowledgment from an information processing system described in subsection (b) of this section establishes that an electronic record was received but, by itself, does not establish that the content sent corresponds to the content received.
(g) If a person is aware that an electronic record purportedly sent under subsection (a) of this section, or purportedly received under subsection (b) of this section, was not actually sent or received, the legal effect of the sending or receipt is determined by other applicable law. Except to the extent permitted by the other law, the requirements of this subsection may not be varied by agreement.
(P.A. 02-68, S. 15.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-282. - Creation and retention of electronic records and conversion of written records by governmental agencies.

Except as otherwise required by the State Librarian or the Public Records Administrator in accordance with sections 11-8 and 11-8a, each governmental agency in this state shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.
(P.A. 02-68, S. 17.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-284. - Electronic record presumed not sent to or received by a consumer.

(a) As used in this section, “consumer” means (1) an individual who obtains, through a transaction, products or services that are used primarily for personal, family or household purposes, and (2) the legal representative of such an individual.
(b) For the purposes of sections 1-266 to 1-286, inclusive, it is presumed that an electronic record is not sent to or received by a consumer if the sender of the electronic record is aware that the consumer (1) did not receive the electronic record, or (2) did not receive the electronic record in a manner allowing the record to be opened and read by the consumer. The provisions of this section may not be varied by agreement.
(P.A. 02-68, S. 19.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-285. - Severability clause.

If any provision of sections 1-266 to 1-286, inclusive, or its application to any person or circumstance is held invalid or inconsistent with the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., as from time to time amended, such invalidity or inconsistency does not affect other provisions or applications of sections 1-266 to 1-286, inclusive, which can be given effect without the invalid or inconsistent provision or application, and to this end the provisions of sections 1-266 to 1-286, inclusive, are severable.
(P.A. 02-68, S. 20.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15 - Connecticut Uniform Electronic Transactions Act › Section 1-286. - Operation of Connecticut Uniform Electronic Transactions Act with respect to federal act.

The provisions of sections 1-266 to 1-286, inclusive, governing the legal effect, validity or enforceability of electronic records or signatures, and of contracts formed or performed with the use of such records or signatures, conform to the requirements of the Electronic Signatures in Global and National Commerce Act, 15 USC 7002, and supersede, modify and limit said federal act as provided in 15 USC 7002, except that sections 1-266 to 1-286, inclusive, shall not supersede, modify or limit the provisions of 15 USC 7001(c).
(P.A. 02-68, S. 21.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15a - Office of Governmental Accountability › Section 1-300. - Office of Governmental Accountability. Independent decision-making authority of council, commission, offices and boards.

(a) There is established the Office of Governmental Accountability. The executive administrator of the office shall serve as the administrative head of the office, who shall be appointed in accordance with the provisions of section 1-301.
(b) The Office of Governmental Accountability shall provide personnel, payroll, affirmative action and administrative and business office functions and information technology associated with such functions for the following: The Judicial Review Council established under section 51-51k, Judicial Selection Commission established under section 51-44a, Board of Firearms Permit Examiners established under section 29-32b, Office of the Child Advocate established under section 46a-13k, Office of the Victim Advocate established under section 46a-13b, State Contracting Standards Board established under section 4e-2 and Office of the Correction Ombuds, established under section 18-81qq. The personnel, payroll, affirmative action and administrative and business office functions of said offices, commission, council and boards shall be merged and consolidated within the Office of Governmental Accountability.
(c) The executive administrator may employ necessary staff to carry out the administrative functions of the Office of Governmental Accountability, within available appropriations. Such necessary staff of the Office of Governmental Accountability shall be in classified service.
(d) Nothing in this section shall be construed to affect or limit the independent decision-making authority of the Judicial Review Council, Judicial Selection Commission, Board of Firearms Permit Examiners, Office of the Child Advocate, Office of the Victim Advocate, State Contracting Standards Board or Office of the Correction Ombuds. Such decision-making authority includes, but is not limited to, decisions concerning budgetary issues and concerning the employment of necessary staff to carry out the statutory duties of each such office, commission, council or board.
(P.A. 11-48, S. 58; May Sp. Sess. P.A. 16-3, S. 67; P.A. 22-18, S. 4.)
History: P.A. 11-48 effective July 1, 2011; May Sp. Sess. P.A. 16-3 amended Subsecs. (b) and (d) to delete references to Office of State Ethics, State Elections Enforcement Commission and Freedom of Information Commission and deleted reference to plan and made a conforming change in Subsec. (b), effective July 1, 2016; P.A. 22-18 amended Subsecs. (b) and (d) to add references to the Office of the Correction Ombuds, effective July 1, 2022.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15a - Office of Governmental Accountability › Section 1-302. - Plan for Office of Governmental Accountability merger. Recommendations for further action.

Section 1-302 is repealed, effective July 1, 2016.
(P.A. 11-48, S. 60; May Sp. Sess. P.A. 16-3, S. 209.)
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-330. - Short title: Uniform Electronic Legal Material Act.

Sections 1-330 to 1-340, inclusive, may be cited as the “Uniform Electronic Legal Material Act”.
(P.A. 13-17, S. 1.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-331. - Definitions.

As used in sections 1-330 to 1-340, inclusive:
(1) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities;
(2) “Legal material” means, whether or not in effect:
(A) The Constitution of the state of Connecticut;
(B) The general statutes of the state of Connecticut;
(C) The regulations of Connecticut state agencies; and
(D) The reported decisions of the following state courts: The Supreme Court, the Appellate Court and the Superior Court;
(3) “Official publisher” means:
(A) For the Constitution of the state of Connecticut, the Secretary of the State;
(B) For the general statutes of the state of Connecticut, the Joint Committee on Legislative Management;
(C) For the regulations of Connecticut state agencies, the Secretary of the State; and
(D) For the reported decisions of the Supreme Court, the Appellate Court and the Superior Court, the Commission on Official Legal Publications;
(4) “Official record” means the version of legal material designated by an official publisher as the official version of such material;
(5) “Publish” means to display, present or release to the public, or cause to be displayed, presented or released to the public by the official publisher;
(6) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(7) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
(P.A. 13-17, S. 2.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-332. - Prospective application.

Sections 1-330 to 1-340, inclusive, shall apply to all legal material in an electronic record that is designated as official under section 1-333 and first published electronically on or after October 1, 2014.
(P.A. 13-17, S. 3.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-333. - Designation of official record by official publisher.

(a) If an official publisher publishes legal material only in an electronic record, the publisher shall: (1) Designate the electronic record as the official record; and (2) comply with sections 1-334, 1-336 and 1-337.
(b) An official publisher that publishes legal material in an electronic record and also publishes the material in a record other than an electronic record may designate the electronic record as the official record if the publisher complies with sections 1-334, 1-336 and 1-337.
(P.A. 13-17, S. 4.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-334. - Authentication of electronic record as official record by official publisher.

An official publisher of legal material in an electronic record that is designated as official under section 1-333 shall authenticate the electronic record. To authenticate an electronic record, the official publisher shall provide a method for a user to determine that the electronic record received by the user from the official publisher is unaltered from the official record published by the official publisher.
(P.A. 13-17, S. 5.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-335. - Presumptions re authenticity of legal material in an electronic record.

(a) Legal material in an electronic record that is authenticated under section 1-334 is presumed to be an accurate copy of the legal material.
(b) If another state has adopted a law substantially similar to the provisions of sections 1-330 to 1-340, inclusive, legal material in an electronic record that is designated as official and authenticated by the official publisher in that state is presumed to be an accurate copy of the legal material.
(c) A party contesting the authentication of legal material in an electronic record authenticated under section 1-334 has the burden of proving by a preponderance of the evidence that the record is not authentic.
(P.A. 13-17, S. 6.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-336. - Preservation of legal material in an electronic record.

(a) An official publisher of legal material in an electronic record that is or was designated as official under section 1-333 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
(b) If legal material is preserved in an electronic record under subsection (a) of this section, the official publisher shall: (1) Ensure the integrity of the electronic record; (2) provide for backup and disaster recovery of the electronic record; and (3) ensure the continuing usability of the legal material.
(P.A. 13-17, S. 7.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-337. - Public availability of legal material in an electronic record.

An official publisher of legal material in an electronic record that is required to be preserved under section 1-336 shall ensure that the material is reasonably available for use by the public on a permanent basis.
(P.A. 13-17, S. 8.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-338. - Implementation standards and practices.

In implementing the provisions of sections 1-330 to 1-340, inclusive, an official publisher of legal material in an electronic record shall consider:
(1) Standards and practices of other jurisdictions;
(2) The most recent standards regarding authentication of, preservation and security of, and public access to, legal material in an electronic record and other electronic records, as promulgated by national standard-setting bodies and any standards or guidelines established by the State Librarian or the Public Records Administrator in accordance with sections 11-8 and 11-8a;
(3) The needs of users of legal material in an electronic record;
(4) The views of governmental officials and entities and other interested persons; and
(5) To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material which are compatible with the methods and technologies used by other official publishers in this state and in other states that have adopted a law substantially similar to the provisions of sections 1-330 to 1-340, inclusive.
(P.A. 13-17, S. 9.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-339. - Uniformity of application and construction.

In applying and construing the provisions of the Uniform Electronic Legal Material Act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact such uniform provisions.
(P.A. 13-17, S. 10.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15b - Uniform Electronic Legal Material Act › Section 1-340. - Operation of Uniform Electronic Legal Material Act with respect to federal act.

The provisions of sections 1-330 to 1-339, inclusive, modify, limit and supersede the Electronic Signatures in Global and National Commerce Act, 15 USC 7001 et seq., but do not modify, limit or supersede Section 101(c) of said act, 15 USC 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of said act, 15 USC 7003(b).
(P.A. 13-17, S. 11.)
History: P.A. 13-17 effective October 1, 2014.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15c - Connecticut Uniform Power of Attorney Act and Connecticut Uniform Recognition of Substitute Decision-Making Documents Act › Section 1-350. - Short title: Connecticut Uniform Power of Attorney Act.

Sections 1-350 to 1-353b, inclusive, may be cited as the “Connecticut Uniform Power of Attorney Act”.
(P.A. 15-240, S. 1; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 1, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15c - Connecticut Uniform Power of Attorney Act and Connecticut Uniform Recognition of Substitute Decision-Making Documents Act › Section 1-350b. - Applicability.

The provisions of sections 1-350 to 1-353b, inclusive, apply to all powers of attorney except:
(1) A power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;
(2) A power to make health care decisions;
(3) A proxy or other delegation to exercise voting rights or management rights with respect to an entity; and
(4) A power created on a form prescribed by a government or governmental subdivision, agency or instrumentality for a governmental purpose.
(P.A. 15-240, S. 3; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 3, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15c - Connecticut Uniform Power of Attorney Act and Connecticut Uniform Recognition of Substitute Decision-Making Documents Act › Section 1-350c. - Power of attorney is durable.

A power of attorney created under sections 1-350 to 1-353b, inclusive, is durable unless it expressly provides that it is terminated by the incapacity of the principal.
(P.A. 15-240, S. 4; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 4, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15c - Connecticut Uniform Power of Attorney Act and Connecticut Uniform Recognition of Substitute Decision-Making Documents Act › Section 1-350d. - Execution of power of attorney.

A power of attorney must be dated and signed by the principal or in the principal's conscious physical presence by another individual directed by the principal to sign the principal's name on the power of attorney and witnessed by two witnesses. A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public, a commissioner of the Superior Court or other individual authorized by law to take acknowledgments.
(P.A. 15-240, S. 5; P.A. 16-40, S. 9; P.A. 21-39, S. 8.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 5, from July 1, 2016, to October 1, 2016, effective May 27, 2016; P.A. 21-39 added “physical” to provision re principal's conscious presence.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15c - Connecticut Uniform Power of Attorney Act and Connecticut Uniform Recognition of Substitute Decision-Making Documents Act › Section 1-350e. - Validity of power of attorney.

(a) A power of attorney executed in this state on or after October 1, 2016, is valid if its execution complies with section 1-350d.
(b) A power of attorney executed in this state before October 1, 2016, is valid if its execution complied with the law of this state as it existed at the time of execution.
(c) A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:
(1) The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 1-350f; or
(2) The requirements for a military power of attorney pursuant to 10 USC 1044b, as amended from time to time.
(d) Except as otherwise provided by statute, other than sections 1-350 to 1-353b, inclusive, or unless the power of attorney otherwise provides, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
(P.A. 15-240, S. 6; P.A. 16-40, S. 1, 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 6, from July 1, 2016, to October 1, 2016, effective May 27, 2016, and amended Subsecs. (a) and (b) by substituting “October 1, 2016” for “October 1, 2015”, effective October 1, 2016.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15c - Connecticut Uniform Power of Attorney Act and Connecticut Uniform Recognition of Substitute Decision-Making Documents Act › Section 1-350f. - Meaning and effect of power of attorney.

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
(P.A. 15-240, S. 7; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 7, from July 1, 2016, to October 1, 2016, effective May 27, 2016.
2023 Connecticut General Statutes › Title 1 - Provisions of General Application › Chapter 15c - Connecticut Uniform Power of Attorney Act and Connecticut Uniform Recognition of Substitute Decision-Making Documents Act › Section 1-350g. - Nomination of conservator in power of attorney.

(a) In a power of attorney, a principal may nominate a conservator of the principal's estate or conservator of the principal's person for consideration by the court if protective proceedings for the principal's estate or person are begun after the principal executes the power of attorney. The court shall make its appointment in accordance with the principal's most recent nomination unless the court finds that the appointee, designee or nominee is unwilling or unable to serve or there is substantial evidence to disqualify such person.
(b) If, after a principal executes a power of attorney, a court appoints a conservator of the principal's estate or other fiduciary charged with the management of some or all of the principal's property, the court may continue, limit, suspend or terminate the power of attorney. If the power of attorney continues, the agent is accountable to the fiduciary as well as to the principal. If the power of attorney is suspended pursuant to this subsection, then the power of attorney shall be reinstated upon termination of the conservatorship as a result of the principal regaining capacity. The court shall have the authority to continue certain provisions of the power of attorney, but not others.
(P.A. 15-240, S. 8; P.A. 16-40, S. 9.)
History: P.A. 15-240 effective July 1, 2016; P.A. 16-40 changed effective date of P.A. 15-240, S. 8, from July 1, 2016, to October 1, 2016, effective May 27, 2016.