2022 Colorado Code
Title 24 - Government - State
Article 71.3 - Uniform Electronic Transactions Act
§ 24-71.3-119. Interoperability

The office of information technology, created in section 24-37.5-103, may, in adopting policies, standards, and guidelines pursuant to section 24-71.3-118, encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this and other states and the federal government and nongovernmental persons interacting with governmental agencies of this state. If appropriate, those policies, standards, and guidelines may specify differing levels of standards from which governmental agencies of this state may choose in implementing the most appropriate standard for a particular application.

Source: L. 2002: Entire article added, p. 856, § 1, effective May 30. L. 2003: Entire section amended, p. 2643, § 3, effective January 1, 2004. L. 2007: Entire section amended, p. 916, § 15, effective May 17.

1. Sections 17-19 have been bracketed as optional provisions to be considered for adoption by each State. Among the barriers to electronic commerce are barriers which exist in the use of electronic media by state governmental agencies - whether among themselves or in external dealing with the private sector. In those circumstances where the government acts as a commercial party, e.g., in areas of procurement, the general validation provisions of this Act will apply. That is to say, the government must agree to conduct transactions electronically with vendors and customers of government services.
2. The provisions in Sections 17-19 are broad and very general. In many States they will be unnecessary because enacted legislation designed to facilitate governmental use of electronic records and communications is in place. However, in many States broad validating rules are needed and desired. Accordingly, this Act provides these sections as a baseline.
3. The provisions in Section 17-19 are broad and general to provide the greatest flexibility and adaptation to the specific needs of the individual States. The differences and variations in the organization and structure of governmental agencies mandates this approach. However, it is imperative that each State always keep in mind the need to prevent the erection of barriers through appropriate coordination of systems and rules within the parameters set by the State.
4. Section 17 authorizes state agencies to use electronic records and electronic signatures generally for intra-governmental purposes, and to convert written records and manual signatures to electronic records and electronic signatures. By its terms the section gives enacting legislatures the option to leave the decision to use electronic records or convert written records and signatures to the governmental agency or assign that duty to a designated state officer. It also authorizes the destruction of written records after conversion to electronic form.
5. Section 18 broadly authorizes state agencies to send and receive electronic records and signatures in dealing with non-governmental persons. Again, the provision is permissive and not obligatory (see subsection (c)). However, it does provide specifically that with respect to electronic records used for evidentiary purposes, Section 12 will apply unless a particular agency expressly opts out.
6. Section 19 is the most important section of the three. It requires governmental agencies or state officers to take account of consistency in applications and interoperability to the extent practicable when promulgating standards. This section is critical in addressing the concern that inconsistent applications may promote barriers greater than currently exist. Without such direction the myriad systems that could develop independently would be new barriers to electronic commerce, not a removal of barriers. The key to interoperability is flexibility and adaptability. The requirement of a single system may be as big a barrier as the proliferation of many disparate systems.

However, there are other circumstances when government ought to establish the ability to proceed in transactions electronically. Whether in regard to records and communications within and between governmental agencies, or with respect to information and filings which must be made with governmental agencies, these sections allow a State to establish the ground work for such electronicization.

Of paramount importance in all States however, is the need for States to assure that whatever systems and rules are adopted, the systems established are compatible with the systems of other governmental agencies and with common systems in the private sector. A very real risk exists that implementation of systems by myriad governmental agencies and offices may create barriers because of a failure to consider compatibility, than would be the case otherwise.

Legislative Note Regarding Adoption of Sections 17-19

1. Sections 17-19 are optional sections for consideration by individual legislatures for adoption, and have been bracketed to make this clear. The inclusion or exclusion of Sections 17-19 will not have a detrimental impact on the uniformity of adoption of this Act, so long as Sections 1-16 are adopted uniformly as presented. In some States Sections 17-19 will be unnecessary because legislation is already in place to authorize and implement government use of electronic media. However, the general authorization provided by Sections 17-19 may be critical in some States which desire to move forward in this area.

2. In the event that a state legislature chooses to adopt Sections 17-19, a number of issues must be addressed:

1. Is the general authorization to adopt electronic media, provided by Sections 17-19 sufficient for the needs of the particular jurisdiction, or is more detailed and specific authorization necessary? This determination may be affected by the decision regarding the appropriate entity or person to oversee implementation of the use of electronic media (See next paragraph). Sections 17-19 are broad and general in the authorization granted. Certainly greater specificity can be added subsequent to adoption of these sections. The question for the legislature is whether greater direction and specificity is needed at this time. If so, the legislature should not enact Sections 17-19 at this time.
2. Assuming a legislature decides to enact Sections 17-19, what entity or person should oversee implementation of the government's use of electronic media? As noted in each of Sections 17-19, again by brackets, a choice must be made regarding the entity to make critical decisions regarding the systems and rules which will govern the use of electronic media by the State. Each State will need to consider its particular structure and administration in making this determination. However, legislatures are strongly encouraged to make compatibility and interoperability considerations paramount in making this determination.
3. Finally, a decision will have to be made regarding the process by which coordination of electronic systems will occur between the various branches of state government and among the various levels of government within the State. Again this will require consideration of the unique situation in each State.

3. If a State chooses not to enact Sections 17-19, UETA Sections 1-16 will still apply to governmental entities when acting as a "person" engaging in "transactions" within its scope. The definition of transaction includes "governmental affairs." Of course, like any other party, the circumstances surrounding a transaction must indicate that the governmental actor has agreed to act electronically (See Section 5(b)), but otherwise all the provisions of Sections 1-16 will apply to validate the use of electronic records and signatures in transactions involving governmental entities.

If a State does choose to enact Sections 17-19, Sections 1-16 will continue to apply as above. In addition, Sections 17-19 will provide authorization for intra-governmental uses of electronic media. Finally, Sections 17-19 provide a broader authorization for the State to develop systems and procedures for the use of electronic media in its relations with non-governmental entities and persons.