A record covered
by article 3 of this title 42, including a signature on the record or document, may
not be denied legal effect, validity, or enforceability solely because it is in the form
of an electronic record, document, or signature. Except as otherwise provided in
article 3 of this title 42, if a rule of law requires a record to be in writing or provides
consequences if it is not, an electronic record satisfies that rule of law. This section
applies to and in a court of law. For a record, document, or signature to be legally
effective, valid, or enforceable, a person need not obtain a written power of
attorney solely because the record, document, or signature is in an electronic form.
Source: L. 2018: Entire section added with relocations, (HB 18-1299), ch. 297,
p. 1811, �
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A record covered
by article 3 of this title 42, including a signature on the record or document, may
not be denied legal effect, validity, or enforceability solely because it is in the form
of an electronic record, document, or signature. Except as otherwise provided in
article 3 of this title 42, if a rule of law requires a record to be in writing or provides
consequences if it is not, an electronic record satisfies that rule of law. This section
applies to and in a court of law. For a record, document, or signature to be legally
effective, valid, or enforceable, a person need not obtain a written power of
attorney solely because the record, document, or signature is in an electronic form.
Source: L. 2018: Entire section added with relocations, (HB 18-1299), ch. 297,
p. 1811, � 6, effective July 1, 2019; entire section amended, (SB 18-255), ch. 405, p.
2387, � 3, effective July 1, 2019.
Editor's note: (1) This section is similar to former � 42-6-102 (5)(b) as it
existed prior to 2019.
(2) Section 4 of chapter 405 (SB 18-255), Session Laws of Colorado 2018,
provides that the act changing this section takes effect only if HB 18-1299 becomes
law and takes effect upon the effective date of HB 18-1299. HB 18-1299 became
law and has an effective date of July 1, 2019.
42-1-236. Electronic notification of transactions involving vehicles - rules -
repeal. (1) No later than March 31, 2026, the department shall create a process for
an owner to request to receive and for the department to provide electronic
notification, in lieu of written notification, of department notices and transactions
under article 2, 3, or 6 of this title 42.
(2) (a) Except as provided in subsection (2)(b) of this section, if an owner
requests electronic notification of the impending expiration of the vehicle's
registration, the department may issue notices or otherwise communicate with the
owner electronically concerning vehicle transactions under article 2, 3, or 6 of this
title 42. The vehicle transaction notices or other communications may include:
(I) Notices regarding:
(A) Vehicle registration expiration;
(B) Identifying plate and identifying placard, as defined in section 42-3-204
(1)(g) and (1)(f), renewal;
(C) Vehicle certificate of title issuance;
(D) Fleet vehicle registration renewal;
(E) Hearings;
(F) Driver's licenses; and
(G) Dealer license plate and depot tag issuance; and
(II) Communications about missing documentation.
(b) The department shall not use electronic means to notify an owner of the
revocation of a vehicle registration due to dishonored payment pursuant to section
42-3-123 or the revocation of an identifying plate or identifying placard pursuant to
section 42-3-204 (7).
(c) On or before December 31, 2024, the department shall promulgate rules
for implementing the electronic notification process described in subsection (2)(a)
of this section.
(3) Any electronic communication made pursuant to this section must
include any notification information required by article 2, 3, or 6 of this title 42.
(4) (a) The general assembly shall appropriate money from the Colorado
DRIVES vehicle services account, created in section 42-1-211 (2), to the department
of revenue to develop the software to implement this section.
(b) This subsection (4) is repealed, effective July 1, 2026.