Wednesday, February 16, 2011
"Improperly motivated," Senator Urquhart's SB 55 would "compromise commerce and the government in Utah"
Posted 2/10/11 - The ACLU of Utah and cooperating attorney Brent V. Manning, who jointly represented independent candidate for governor Farley Anderson in the landmark case Anderson v. Bell, spoke today in opposition to a bill proposed by Senator Stephen Urquhart (SB 55, "Electronic Signatures") that would greatly restrict the ability of courts and all other "government agencies" to accept otherwise legal "e-signatures" from Utah residents and others. In an interview with Etopia News, Manning observed, "[U]nder the terms of S.B. 55, in order for a Utah court to enforce a contract sealed with an electronic signature, it would need to engage in a 'rule-making process' which, as a court, it is not able to do, since its function is to decide cases, not make rules. Thus, no electronic signature, or online purchase, or other electronically-agreed-to contract could be enforced in Utah courts. S.B. 55 'would completely invalidate all electronic transactions in Utah . . . . Every government department would have to engage in rule-making that would paralyze the process.'"