SB 83
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader - Revised
Senate Bill 83 (Chair, Education, Health, and Environmental Affairs
Committee)(By Request - Departmental - Information
Technology)
Education, Health, and Environmental Affairs Health and Government Operations
State Government - Delivery of Notices and Communications by Electronic
Means - Authorized
This departmental bill authorizes a unit of State government to deliver a notice or
communication to an individual by electronic means instead of by first-class mail if the
unit has obtained the individual’s consent. The bill specifies requirements, procedures, and
conditions for the delivery of a notice or communication by electronic means instead of by
first-class mail. A notice or communication delivered electronically in accordance with the
bill is considered equivalent to delivery by first-class mail. The bill applies only to a notice
or communication that is required to be delivered by first-class mail and does not apply to
any notice or communication (1) from a unit in the Judicial Branch; (2) regarding
eligibility, benefits, or services for specified medical assistance programs; or (3) that is
required to be delivered by certified or registered mail.
Fiscal Summary
State Effect: None. The bill is authorizing in nature. To the extent that agencies
voluntarily adopt electronic delivery methods under the bill, they may incur initial start-up
costs and/or experience minimal annual cost savings.
Local Effect: None.
Small Business Effect: The Department of Information Technology (DoIT) has
determined that this bill has minimal or no impact on small business (attached). The
Department of Legislative Services concurs with this assessment. (The attached assessment
does not reflect amendments to the bill.)
 Analysis
Bill Summary:
Definitions
“Unit” means an executive branch agency, a department, a board, a commission, or any
other instrumentality of the State. “Delivery by electronic means” means the delivery of a
notice or communication by a unit to an email address at which an individual has consented
to receive notices or communications from the unit.
Delivery of Notices or Communications by Electronic Means
A unit may deliver by electronic means instead of by first-class mail a notice or
communication to an individual if the unit meets the requirements of the federal 21st
Century Communications and Video Accessibility Act (CVAA) and the requirements of
the Maryland Uniform Electronic Transactions Act (MUETA) in obtaining the individual’s
consent. A unit may deliver a notice or communication under the bill only if the individual
has affirmatively consented to delivery by electronic means instead of by first-class mail
and has not withdrawn the consent.
The bill’s provisions may not be construed to (1) require a unit to deliver notices or
communications by electronic means instead of by first-class mail or (2) affect policies,
procedures, systems, or protocols for the delivery of notices or communications by
electronic means implemented under any other provision of State law.
Verification or Acknowledgement
If a provision requiring a unit to deliver notice or communication to an individual expressly
requires the recipient to verify or acknowledge receipt of the notice or communication, the
unit may deliver the notice or communication by electronic means only if the method used
provides a means for the individual to electronically verify or acknowledge receipt of the
notice or communication.
Obtaining Consent
Required Statement: Before an individual consents to receive notices or communications
from a unit by electronic means instead of by first-class mail, the unit must provide a clear
and conspicuous statement informing the individual of specified rights and other
information pertaining to the scope of the individual’s consent. The statement must include,
among other things, (1) any right or option to receive notices or communications in
nonelectronic form; (2) the individual’s right to withdraw consent; (3) information on how
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the individual may withdraw consent; (4) any conditions or consequences imposed if the
individual withdraws consent; and (5) the hardware and software requirements for access
to and retention of a notice or communication delivered by electronic means.
Electronic Confirmation: When an individual gives a unit consent to deliver notices and
communications by electronic means instead of by first-class mail, the individual must
confirm the consent electronically in a manner that reasonably demonstrates that the
individual can access the information in the electronic form that the unit uses.
Notice of Change in Hardware or Software Requirements
If the hardware or software requirements needed to access or retain a notice or
communication delivered by electronic means change in a way that creates a material risk
that an individual will not be able to access or retain a subsequent notice or communication
to which the consent applies, the unit must provide (1) a statement setting forth the revised
hardware and software requirements for access to and retention of an electronic notice or
communication and (2) a copy of the statement, described above, notifying the individual
of specified rights and other information pertaining to the scope of the individual’s consent.
Failure to provide these statements may be treated as a withdrawal of consent.
Withdrawal of Consent
Withdrawal of consent must be effective within a reasonable period of time after the unit
receives the notice of withdrawal of consent and does not affect the legal effectiveness,
validity, or enforceability of a notice or communication delivered by electronic means
before withdrawal of consent is effective.
A unit that provides delivery of notices or communications by electronic means under the
bill must establish a process for a court-appointed guardian of the person of a disabled
person to withdraw the disabled person’s consent to have notices or communications from
the unit delivered by electronic means and request that notices and communications
regarding the disabled person be delivered to the guardian of the person. A unit must
provide notice of the process on the unit’s website.
Current Law:
Maryland Uniform Electronic Transactions Act
MUETA states that a record or signature may not be denied legal effect or enforceability
solely because it is in electronic form. The Act only applies to transactions between parties
which have agreed to conduct transactions by electronic means. Whether the parties have
consented to conduct transactions electronically is determined from the context and
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surrounding circumstances, including the parties’ conduct. Except for a separate and
optional agreement, the primary purpose of which is to authorize a transaction to be
conducted by electronic means, a provision to conduct a transaction electronically may not
be contained in a standard form unless that provision is conspicuously displayed and
separately consented to.
21st Century Communications and Video Accessibility Act
According to the Federal Communications Commission, CVAA, signed into law in 2010,
requires advanced communications services and equipment to be accessible to people with
disabilities. Advanced communications services subject to the law include electronic
messaging services.
Background: DoIT advises that the bill is intended to improve agency customer service
while providing cost savings to the State.
Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s): Department of Information Technology; Department of
Commerce; Comptroller’s Office; Judiciary (Administrative Office of the Courts);
Maryland State Department of Education; University System of Maryland; Maryland
Department of Agriculture; Maryland Department of Disabilities; Maryland Department
of the Environment; Maryland Department of Health; Department of Housing and
Community Development; Department of Natural Resources; Department of Public Safety
and Correctional Services; Department of State Police; Maryland Department of
Transportation; Department of Veterans Affairs; Office of Administrative Hearings; State
Department of Assessments and Taxation; Maryland State Board of Elections; State Ethics
Commission; Maryland Insurance Administration; Military Department; State Retirement
Agency; Federal Communications Commission; Department of Legislative Services
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Fiscal Note History: First Reader - January 17, 2020
rh/mcr Third Reader - March 14, 2020
Revised - Amendment(s) - March 14, 2020
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 83/ Page 5
 ANALYSIS OF ECONOMIC IMPACT ON SMALL BUSINESSES
TITLE OF BILL: Electronic Communications – Notices and Communications –
Communications by Electronic Means Authorized
BILL NUMBER: SB 83
PREPARED BY: Andi Morony
PART A. ECONOMIC IMPACT RATING
This agency estimates that the proposed bill:
_X_ WILL HAVE MINIMAL OR NO ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESS
OR
WILL HAVE MEANINGFUL ECONOMIC IMPACT ON MARYLAND SMALL
BUSINESSES
PART B. ECONOMIC IMPACT ANALYSIS
The opt in ability to use email instead of First Class mail may have some impact on small
businesses, assuming that the business has a decrease in stamps, envelopes, paper, and trips to
the mailbox, all of which take time and limited costs.
SB 83/ Page 6


Statutes affected:
Text - First - State Government - Delivery of Notices and Communications by Electronic Means - Authorized: 1-404 General Provisions
Text - Third - State Government - Delivery of Notices and Communications by Electronic Means - Authorized: 1-404 General Provisions