Sec. 1-268. *(See end of section for amended version of subsection (b) and effective date.) Scope. - Connecticut Statutes

      Sec. 1-268. *(See end of section for amended version of subsection (b) and effective date.) 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;

      (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; or

      (3) Sections 47-10, 47-12, 47-12a, 47-14g, 47-14j, 47-14k, 47-15, 47-16, 47-17, 47-18a and 47-19.

      (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.)

      *Note: On and after October 1, 2009, subsection (b) of this section, as amended by section 8 of public act 08-56, is to read as follows:

      "(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."

      (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.