Minnesota Legislature
HF 2375
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4
2.5 2.6 2.7 2.8 2.9
2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19
A bill for an act
relating to insurance; requiring use of electronic records and signatures in certain
instances; amending Minnesota Statutes 2006, section 60A.08, subdivision 5,
by adding a subdivision; proposing coding for new law in Minnesota Statutes,
chapter 60A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
new text begin
[60A.011] LEGAL RECOGNITION OF ELECTRONIC RECORDS
AND SIGNATURES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the words, terms, and
phrases defined in this subdivision have the meanings given them.
new text end
new text begin
(b) "Electronic" means relating to technology having electrical, digital, magnetic,
wireless, optical, electromagnetic, or similar capabilities.
new text end
new text begin
(c) "Electronic record" means a record created, generated, sent, communicated,
received, or stored by electronic means.
new text end
new text begin
(d) "Electronic signature" means an electronic sound, symbol, or process attached
to or logically associated with a record and executed or adopted by a person with the
intent to sign the record.
new text end
new text begin
(e) "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.
new text end
new text begin Subd. 2. new text end
new text begin Electronic records and signatures. new text end
new text begin
For purposes of this chapter:
new text end
new text begin
(1) a record or signature may not be denied legal effect or enforceability solely
because it is in electronic form;
new text end
new text begin
(2) a contract may not be denied legal effect or enforceability solely because an
electronic record was used in its formation;
new text end
new text begin
(3) if a provision requires a record to be in writing, an electronic record satisfies
the requirement; and
new text end
new text begin
(4) if a provision requires a signature, an electronic signature satisfies the
requirement.
new text end
Sec. 2.
Minnesota Statutes 2006, section 60A.08, subdivision 5, is amended to read:
Subd. 5.
Signatures required.
All insurance policies shall be signed by the
secretary or an assistant secretary, and by the president or vice-president, or in their
absence, by two directors of the insurer. The signatures may be facsimilenew text begin or electronicnew text end
signatures.
Sec. 3.
Minnesota Statutes 2006, section 60A.08, is amended by adding a subdivision
to read:
new text begin Subd. 15. new text end
new text begin Electronic records and signatures. new text end
new text begin
At the request of an applicant,
policyholder, insured, or claimant, an insurer shall transact business with the requester by
electronic record and shall accept electronic signatures whenever signatures in writing are
required.
new text end
new text begin
To be valid, the request must be made or confirmed by the applicant, policyholder,
insured, or claimant electronically in a manner that reasonably demonstrates that the
requester can access information in the electronic form that will be used by the insurer to
transact business with the requester.
new text end