S T A T E O F N E W Y O R K
________________________________________________________________________
6113
1999-2000 Regular Sessions
I N S E N A T E
August 4, 1999
___________
Introduced by Sens. HANNON, STAFFORD, SEWARD, LACK -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the executive law, in relation to the functions, powers
and duties of the office of technology and relating to constituting
chapter 57-A of the consolidated laws, in relation to state technology
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 206-a of the executive law is amended by adding a
2 new subdivision 17 to read as follows:
3 17. TO ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION,
4 NOT-FOR-PROFIT CORPORATION, POLITICAL SUBDIVISION OF THE STATE, OR
5 GOVERNMENTAL ENTITY.
6 S 2. Chapter 57-A of the consolidated laws is added to read as
7 follows:
8 CHAPTER 57-A OF THE CONSOLIDATED LAWS
9 STATE TECHNOLOGY LAW
10 Article Section
11 I Electronic Signatures and Records Act (SS 101-109)
12 ARTICLE I
13 ELECTRONIC SIGNATURES
14 AND RECORDS ACT
15 Section 101. Short title.
16 102. Definitions.
17 103. Electronic facilitator.
18 104. Use of electronic signatures.
19 105. Use of electronic records.
20 106. Admissibility into evidence.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD12168-03-9
S. 6113 2
1 107. Exceptions.
2 108. Personal privacy protection.
3 109. Use of electronic records and signatures to be voluntary.
4 S 101. Short title. This article shall be known and may be cited as
5 the "electronic signatures and records act".
6 S 102. Definitions. For the purpose of this article:
7 1. "Electronic" shall mean of or relating to technology having elec-
8 trical, digital, magnetic, wireless, optical, electromagnetic, or simi-
9 lar capabilities.
10 2. "Electronic record" shall mean information, evidencing any act,
11 transaction, occurrence, event, or other activity, produced or stored by
12 electronic means and capable of being accurately reproduced in forms
13 perceptible by human sensory capabilities.
14 3. "Electronic signature" shall mean an electronic identifier, includ-
15 ing without limitation a digital signature, which is unique to the
16 person using it, capable of verification, under the sole control of the
17 person using it, attached to or associated with data in such a manner
18 that authenticates the attachment of the signature to particular data
19 and the integrity of the data transmitted, and intended by the party
20 using it to have the same force and effect as the use of a signature
21 affixed by hand.
22 4. "Person" shall mean a natural person, corporation, trust, estate,
23 partnership, incorporated or unincorporated association or any other
24 legal entity, and also includes any department, agency, authority, or
25 instrumentality of the state or its political subdivisions.
26 5. "State agency" shall mean any state department, board, bureau,
27 division, commission, committee, public authority, public benefit corpo-
28 ration, council, office, or other governmental entity or officer of the
29 state having statewide authority, except the state legislature.
30 S 103. Electronic facilitator. 1. The office for technology shall be
31 the electronic facilitator and administer this article. In addition to
32 the authority, duties and responsibilities set forth in article ten-A of
33 the executive law, the electronic facilitator shall have the authority,
34 duties and responsibilities granted in this article.
35 2. The electronic facilitator shall have the following functions,
36 powers, and duties:
37 (a) To promulgate rules and regulations consistent with the provisions
38 of this article. In developing rules and regulations, the electronic
39 facilitator shall seek the advice of the attorney general, the state
40 comptroller, the director of budget, state agencies, local governments,
41 and private entities and individuals as the electronic facilitator deems
42 appropriate.
43 (b) To cooperate with state agencies and political subdivisions of the
44 state and private entities and individuals in order to assist in the
45 development and implementation of this article.
46 (c) To develop guidelines for the improvement of business and commerce
47 by electronic means. Such guidelines shall identify preferred technology
48 standards relating to security, confidentiality and privacy of electron-
49 ic signatures and electronic records.
50 3. Prior to promulgating any rule or regulation that would deploy a
51 new technology for electronic signatures, the electronic facilitator
52 shall submit a report to the governor, the temporary president of the
53 senate, and the speaker of the assembly describing the new technology
54 and safeguards that exist to prevent fraud or misuse.
55 S 104. Use of electronic signatures. 1. The electronic facilitator
56 shall establish rules and regulations governing the use of electronic
S. 6113 3
1 signatures and authentication. The electronic facilitator shall not
2 establish rules or regulations that seek to apportion fault or impose or
3 limit liability relating to the use of electronic signatures.
4 2. In accordance with this section unless specifically provided other-
5 wise by law, an electronic signature may be used by a person in lieu of
6 a signature affixed by hand. The use of an electronic signature shall
7 have the same validity and effect as the use of a signature affixed by
8 hand.
9 S 105. Use of electronic records. 1. In accordance with rules and
10 regulations promulgated by the electronic facilitator, state agencies
11 and local governments are authorized and empowered, but not required, to
12 produce, receive, accept, acquire, record, file, transmit, forward, and
13 store information by use of electronic means. If any such agency or
14 local government uses electronic records, it must also ensure that
15 anyone who uses the services of such agency or local government may
16 obtain access to records as permitted by statute, and receive copies of
17 such records in paper form in accordance with fees prescribed by stat-
18 ute. No person shall be required to submit or file any record electron-
19 ically to any state agency or local government except as otherwise
20 provided by law. State agencies and local governments that obtain,
21 store, or utilize electronic records shall not refuse to accept hard
22 copy, non-electronic forms, reports, and other paper documents for
23 submission or filing except as otherwise provided by law.
24 2. A state agency and local government shall have the authority to
25 dispose of or destroy a record in accordance with the arts and cultural
26 affairs law, regardless of format or media.
27 3. An electronic record shall have the same force and effect as those
28 records not produced by electronic means.
29 S 106. Admissibility into evidence. In any legal proceeding where the
30 provisions of the civil practice law and rules are applicable, an elec-
31 tronic record or electronic signature may be admitted into evidence
32 pursuant to the provisions of article forty-five of the civil practice
33 law and rules including, but not limited to section four thousand five
34 hundred thirty-nine of such law and rules.
35 S 107. Exceptions. This article shall not apply:
36 1. To any document providing for the disposition of an individual`s
37 person or property upon death or incompetence, or appointing a fiduciary
38 of an individual`s person or property, including, without limitation,
39 wills, trusts, decisions consenting to orders not to resuscitate, powers
40 of attorney and health care proxies, with the exception of contractual
41 beneficiary designations.
42 2. To any negotiable instruments and other instruments of title where-
43 in possession of the instrument is deemed to confer title, unless an
44 electronic version of such record is created, stored or transferred
45 pursuant to this article in a manner that allows for the existence of
46 only one unique, identifiable and unalterable version which cannot be
47 copied except in a form that is readily identifiable as a copy.
48 3. To any conveyance or other instrument recordable under article nine
49 of the real property law.
50 4. To any other document that the electronic facilitator has specif-
51 ically excepted, pursuant to the rules and regulations of the electronic
52 facilitator, from the application of this article.
53 S 108. Personal privacy protection. 1. Any information reported to
54 the electronic facilitator by a state agency or local government in
55 connection with the authorization of an electronic signature shall
56 continue to be withheld from public disclosure if such information was
S. 6113 4
1 withheld from public disclosure by such state agency or local govern-
2 ment. Electronic records shall be considered and treated as any other
3 records for the purposes of the freedom of information law as set forth
4 in article six of the public officers law and the personal privacy
5 protection law as set forth in article six-A of the public officers law.
6 2. A person or an entity that acts as an authenticator of electronic
7 signatures shall not disclose to a third party any personal information
8 reported to it by the electronic signatory other than the information
9 necessary to authenticate the signature unless the disclosure is made
10 pursuant to a court order or statute, or if the information or data is
11 used solely for statistical purposes in aggregate form. For purposes of
12 this section, "personal information" shall mean data that identifies a
13 specific person, including but not limited to home and work addresses,
14 telephone number, e-mail address, social security number, birthdate,
15 gender, marital status, mother`s maiden name, and health data.
16 S 109. Use of electronic records and signatures to be voluntary. Noth-
17 ing in this article shall require any entity or person to use an elec-
18 tronic record or an electronic signature unless otherwise provided by
19 law.
20 S 3. Electronic signature and records report. 1. On or before November
21 1, 2002, the director of the office for technology shall submit to the
22 governor, the temporary president of the senate, and the speaker of the
23 assembly a report regarding the implementation of this act. Such report
24 shall include to the extent the information is available but shall not
25 be limited to the following:
26 a. Changes in relevant technology that have occurred since the effec-
27 tive date of this act and the effect, if any, such changes have had on
28 the use of electronic signatures and records;
29 b. A description of the ways in which electronic signatures and
30 records are used in the private and the public sectors in New York
31 state;
32 c. A summary of court decisions regarding the use of electronic signa-
33 tures and records;
34 d. Costs associated with the administration of this act;
35 e. A list of all state agencies and local governments that accept
36 electronic records and a description of their policies and practices;
37 f. Recommendations regarding the amendment, continuation, or discon-
38 tinuation of the statutes relating to electronic signatures and records;
39 and
40 g. The historical effects changes in technology have had on an agen-
41 cy`s ability to maintain records in formats other than paper over a
42 period of time.
43 2. On or before November 1, 2004, the director of the office for tech-
44 nology shall submit to the governor, the temporary president of the
45 senate, and the speaker of the assembly a report that discusses any new
46 information regarding electronic signatures and records that have been
47 obtained since the report required by subdivision one of this section
48 was issued, that analyzes the effectiveness of the laws of New York
49 regarding electronic signatures and records and difficulties that local-
50 ities, state agencies, the court system, and individuals encountered
51 when using electronic signatures and records and that offers recommenda-
52 tions for any legislative change to this or any other law related to
53 electronic signatures or records.
54 S 4. This act shall take effect immediately provided however, that,
55 sections two and three of this act shall take effect on the one hundred
56 eightieth day after it shall have become a law except that any rule or
S. 6113 5
1 regulation necessary for the timely implementation of sections two and
2 three of this act on such date shall be promulgated on or before such
3 effective date.
.SO DOC S 6113 *END* BTXT 1999
Bill S06113
[ Bill
Information ]