SD24 - Uniform Computer Information Transaction Act

Executive Summary:
For the better part of the 1990s, the National Conference of Commissioners on Uniform State Laws (NCCUSL) has been drafting Article 2B of the Uniform Commercial Code (UCC 2B). Instead of creating the UCC 2B, in July 1999, the NCCUSL promulgated the Uniform Computer Information Transactions Act (UCITA). Modeled after Article 2 of the Uniform Commercial Code, UCITA was designed to be a uniform state law governing transactions of computer information.

Soon after UClTA was promulgated, an advisory committee of the Joint Commission on Technology and Science (JCOTS) reviewed UCITA and recommended that UCITA be adopted in Virginia. During the 2000 Session, the General Assembly of Virginia enacted UCITA (Senate Bill 372, Patron-Senator Edward L. Schrock; House Bill 561, Patron-Delegate Joe T. May), and Virginia became the first state to do so. UCITA, codified as Chapter 43 (§ 59.1-501.1 et seq.) of Title 59.1 of the Code of Virginia, becomes effective on July 1, 2001.

In addition to enacting and delaying the effective date of UCITA, through section 2 of Senate Bill 372, section 2 of House Bill 561, and Senate Joint Resolution 239, the General Assembly directed JCOTS to study UCITA again during the interim and report to the General Assembly and the Governor by December 1, 2001. In studying UCITA, the bills and the resolution instructed JCOTS to create an advisory committee to advise JCOTS on its work. Furthermore, the bills and the resolution specified that representatives of certain organizations and industries must be appointed to the advisory committee. (See Appendix 1)