Text of New York State Bill S06113

                                                                               
                           S T A T E   O F   N E W   Y O R K                   
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                                         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
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