Information Technology and Internet
Laws Passed - 1997
Information Policy and Technology Series
By
Randall L. Jackson
Legislative Information Services
27-Page Document
Last year, every state legislature in the country considered information technology legislation, with some states proposing literally hundreds of bills in this area. In large measure, the proposed legislation took the position that states should take advantage of the available technology to better deliver services to the public and provide some certainty for those in the private sector who want to use information technology in their daily business. Enactments dealing with the administration of state data bases and digital signatures were prominent this year in a number of states, as were bills providing access to government information and public records. The Internet received quite a bit of attention from legislators this session, and educational technology ranked highly as well. Millions of dollars were spent to improve technology in all areas, and several states passed laws dealing with taxation of technology and the development of telemedicine. Finally, quite a few states addressed technology within the government itself, both in administrative areas and in improving governmental efficiency.
In 1997 a number of states addressed the administration of information technology, either by creating new departments and positions or shifting duties among different agencies or departments.
Arkansas created the Department of Information Systems and the Office of Information Technology to serve the technology needs of state agencies and to establish information technology policies for the state. Florida abolished its Information Resources Commission and created instead a State Technology Council, a state Technology Office, and a Technology Review Workgroup to manage the state's information resources. Likewise, Ohio did away with its Technology Advisory Committee and established instead the Information, Learning, and Technology Authority. Delaware and Kansas both established programs to manage health care information, with Delaware creating a health information network and Kansas creating a data governing board to set policies for the collection and use of health care data. Maine, Texas and Utah each set up a new task force, Maine to look at information technology, Texas to examine electronic benefits transfers, and Utah to look into access to pornography on the Internet in relation to schools. New Hampshire and Wyoming both established committees to implement educational technology in the state's schools.
Connecticut abolished their Office of Information and Technology, transferring the duties of that office to the newly created Department of Information Technology and adding new duties. Minnesota created a cabinet-level Office of Technology to provide leadership for information and technology policy, while North Carolina did some minor restructuring, moving the administration of technology from the State Controller to the Department of Commerce. Oregon placed the technology policy decisions for the state with their Department of Administrative Services.
Apart from the traditional legislative process of creating new crimes, the legislatures in several states enacted laws that make information about criminals available to the public. Alaska and Arkansas both established automated crime victim notification systems, which will automatically notify a crime victim or their families about a change in their offender's status. The Alaska law also allows for the creation of a for-fee inmate information system available to the general public. Arkansas, North Carolina, Tennessee and Utah have all created sex or serious offender registries to help track violent and sex offenders after their release. Virginia now requires that any governor's warrant for arrest be entered into the Virginia criminal information network. And Oklahoma amended its sex offender registration act to require notice to local authorities and families when registrants move into their communities.
In the area of new criminal laws, New Jersey, Rhode Island and Texas all enacted legislation that make it a crime to steal telecommunications services, and Louisiana enacted legislation to create the crime of gambling by computer. The New Jersey legislation amends the current theft statute to include telecommunications services or access codes in its coverage, and also includes forfeiture provisions. The Rhode Island bill creates a whole new law, which provides stiff criminal penalties as well as civil remedies. The Texas law covers a number of activities, from accessing a computer without consent to making counterfeit access devices.
Twelve states addressed their use of data bases in 1997, mainly in three general categories: criminal justice information, motor vehicle information, and social services information. The other theme common to most of the data base bills in 1997 was the limitation of access to the information in the data bases created.
In the criminal justice arena, Arkansas, North Carolina and Utah all created new data bases to track serious and sex offenders. The Arkansas law creates a DNA data base compatible with the FBI for any sexual, violent or repeat offender. The Utah legislation seeks to identify and track young offenders who commit more than one crime. North Carolina's bill creates a registry of sex offenders and, unlike the other two data bases, requires free public access to the data base. Illinois legislation now requires protective orders to be included in the law enforcement data system.
Motor vehicle data bases seem to fall into two main categories: motor vehicle registration and motor vehicle insurance. Along these lines, Michigan has created two registration data bases, one for motor vehicles and a separate one for watercraft. Both data bases are available to the public, except for personal information about the registrant. Arkansas and Colorado created motorist insurance data bases to monitor compliance with insurance laws, in both cases limiting access to the data bases to certain authorized people. California repealed its insurance data base law, finding it unnecessarily duplicative, and transferred the funding to law enforcement instead.
In 1997, 16 states enacted digital signature legislation of varying complexity. For the most part, the bills can be categorized in three ways: those that limit the use of digital signatures to certain offices or professions, those that enact comprehensive legislation regulating certification authorities, and those that delegate the specifics of regulation on a department or agency of the state.
In the first category, agencies and courts seem to be in the forefront of digital signature implementation, with Indiana, New Hampshire, Rhode Island, Texas and Virginia authorizing state agencies to use digital signatures and Nevada and Tennessee allowing courts to do so. Additionally, Florida and Idaho now allow engineers and surveyors to use digital signatures on some of their documents, and Louisiana now allows doctors to do so. Florida also allows for amended notary public commissions allowing notaries to use electronic notarization.
In the second category, Minnesota, Mississippi, Oregon and Washington have all enacted legislation that allows the state to license certification authorities and administer the system. New Hampshire and Rhode Island also cross over into this category, laying out factors for courts to consider in determining the validity of digital signatures. In general, these states require that a digital signature meet the following requirements:
(a) It is unique to the person using it.
(b) It is capable of verification.
(c) It is under the sole control of the person using it.
(d) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
In the third category, Georgia, Kansas, Louisiana, Nevada, Texas and Virginia passed legislation recognizing digital signatures and delegating the authority to formulate the regulations regarding digital signatures to the agencies charged with the administration of the laws. Oklahoma created a task force to study what legislative action needs to be taken to implement digital signatures.
Two main areas of focus in education technology in 1997 were the acquisition of computer technology and access to the Internet. Other areas addressed by state legislation were distance learning and new educational programs.
Arkansas focused its funding on implementing distance learning systems, mainly through the use of statewide network grants. California, Nevada and Ohio also set aside funds to put computers and interactive video systems in their schools. Florida took a different approach, setting up a fund for contributions from local businesses to raise money for the purchase of school computers.
Indiana, Oregon and Tennessee tackled the acquisition problem by requiring state agencies to donate their surplus computers to schools. Nevada now exempts from property tax computers donated to schools, and Indiana forgives the sales tax on computers sold to parents of school children and offers a tax credit for donations of computers to schools. South Dakota speeds up the acquisition process by exempting computer purchases from the state's bidding requirements.
As for the Internet, Arkansas, California and New Hampshire required their school boards to adopt policies on student access to the Internet from school-owned computers, with a special emphasis on access to pornographic material. Utah took a different approach, creating a special task force to study the issue and make recommendations.
California addressed computer education with its new law, which requires all new teachers to take classes in computers and the application of computer technology in the classroom in order to get their teaching certificate. Tennessee is experimenting with a new pilot project to provide free computer training for welfare recipients.
In the area of distance learning, Arkansas passed six funding and education bills in 1997 directed at implementing distance learning in the state. One of the bills requires the development of a plan to incorporate distance learning in schools, and the others make the funds available to begin purchasing the necessary equipment. Texas now allows state universities to offer courses through distance learning, and Wyoming established a committee to examine the issue for the state's high schools.
One of the big pushes in 1997 was to explore ways in which technology could be used to improve efficiency in government. The most common approach was the use of electronic data transfer in state agencies for filing reports and accepting applications. Another major area was the use of interactive video technology to hold public meetings more easily.
Arkansas now requires school districts to file their budget reports electronically, extending the filing deadline beyond that for paper filings. California has implemented complaint forms for state agencies on-line, and Georgia's Department of Agriculture can now accept electronic applications and payments. Iowa passed a law allowing electronic vehicle registrations, and Maryland, Mississippi, New Hampshire and South Carolina now allow for companies to file financing statements or tax returns electronically.
Legislation in California, Illinois, North Carolina and Virginia now require campaign finance reports to be filed electronically. Most of these states limit electronic filing to statewide candidates or those who spend more than a certain dollar amount, for instance.
Virginia took steps to improve the efficiency of its state patrol by requiring them to begin using bar code technology.
A number of states addressed the issue of access to government information in 1997. Most of their efforts were aimed at making information available in an electronic format. The issues of fees for access and campaign finance reporting were also addressed by several states.
Indiana, Maine, North Carolina, Nebraska, New Hampshire, Oregon, Tennessee, Texas and Virginia all enacted legislation enhancing the public's access to government information. Indiana's bill provides enhanced access across the board, as does Nebraska's. Maine now requires a variety of legislative information to be put on-line, including legislator's voting records. Hawaii appropriated funds for their legislative broadcast and information systems to improve access to legislative information throughout the state. North Carolina and Virginia both provide electronic access to court records, and Tennessee provides access to municipal and county information on-line. North Carolina provides access to the geographical information systems data base, Oregon makes electronic lien records available, and Texas allows interactive access to driver's license information. New Hampshire now requires all state entities to have a presence on the state' sautomated information system.
Florida, Hawaii, Nebraska, North Carolina, Tennessee, Texas and Virginia have all addressed the issue of access fees, and all have allowed fees to be collected. However, all of these states limit those fees to an amount reasonably necessary to cover the cost of providing the service.
California, Illinois, Maine, North Carolina, Virginia and Wisconsin all enacted legislation requiring the electronic filing of campaign finance reports, making it easier to publish the reports on-line and make them searchable by the public.
Louisiana enacted legislation enhancing access to public information for the blind and creating an advisory council on the issue. The law also ensures access to data processing equipment for visually impaired state employees. Washington now allows state agencies to send notices required by the Administrative Procedure Act via e-mail distribution lists.
Along with using the Internet to increase access to the government, states are increasingly using new technologies to manage public records. In many cases, this involves revisiting old laws that require the state to keep paper copies of the various documents filed with the state. In order to take advantage of the new technology, laws were updated to allow for digital or photographic imaging of these documents in order to convert them to a more manageable form (Idaho, Indiana, Louisiana and Virginia), and to allow the courts to accept these digital documents as if they were originals (Montana, Virginia and West Virginia). The other advantage to retaining documents in digital form is that it enables the state to sort, search and make more accessible the information contained in those documents, while reducing the expense of storing all of the originals.
California, Minnesota and Utah all passed legislation allowing for meetings of public bodies by teleconference or interactive television, and Hawaii appropriated the funds to improve and expand their teleconference system.
Many states appropriated money for computers, technology and information systems in 1997. The most common use for the funds is to acquire or replace computers in a wide variety of agencies and departments. Other uses include developing statewide network infrastructures, implementing distance learning systems in schools, and funding grant programs for statewide technology development.
By 1997 the Internet was a common fixture in this country, and that is reflected in state legislation. Apart from concerns about the dangers the Internet might pose to children, several states enacted legislation to take advantage of the Internet in making the government more accessible. Many of the other bills previously discussed relate to the Internet.
As discussed in the education section of this report, several states, Arkansas, California and New Hampshire, require school boards to set policies for access to the Internet to try to deal with the pornography issue, among others. Texas passed a bill that requires every Internet access provider with customers in Texas to offer links to filtering software on the first accessible page of the service, or else face a fine of $2,000 a day until they comply. Tackling another big issue facing the Internet, Nevada became the first state to pass legislation regulating unsolicited commercial e-mail, more commonly known as "SPAM." This law requires that commercial e-mail be clearly marked as advertising and provide a procedure by which a person can request removal from the mailing list.
Many states are now using the Internet to make government information more accessible, making a variety of data bases searchable on-line, providing on-line access to government information, and providing electronic access to the courts. Some of the more unique enactments in 1997 include California's bill that requires all state agencies to put complaint forms on their Websites, a Connecticut law that creates an on-line procurement announcement system, and two Texas laws, one that creates an electronic purchasing system for the state and one that requires the Health and Human Services commission to provide technical assistance over the Internet. As mentioned in the criminal provisions section of this report, Louisiana enacted legislation to create the crime of gambling by computer.
Several states enacted legislation relating to taxes and technology in 1997, including Florida, Georgia, Indiana, North Carolina, Nevada, South Carolina, Tennessee and Washington. Legislators in Georgia and Washington acted to prevent the imposition of any new taxes on Internet service providers, while Florida made clear that Internet service providers were not subject to telecommunications service taxes. Indiana and Nevada did away with taxes on computers donated to schools or purchased for school children, and North Carolina and Tennessee likewise abolished taxes on computer software and data transfer services, respectively. South Carolina passed legislation that requires the filing of tax withholding information on magnetic media when required by the Internal Revenue Service.
Several states enacted legislation addressing the practice of telemedicine in 1997. Illinois, Mississippi and North Carolina have passed laws regulating the practice of telemedicine in their states and requiring out-of-state doctors practicing telemedicine to be licensed by the state. Mississippi made an exception for out-of-state doctors being consulted by an in-state doctor who has established the doctor-patient relationship. California also amended its telemedicine law by excluding telephone calls and e-mail from its definition of telemedicine. Hawaii passed a law regulating the use of electronic prescriptions, and Oklahoma now allows the practice of telemedicine, provided a full disclosure of the process is made to the patient and they consent to the treatment.
Some other interesting areas where legislation has been passed by the states include addressing the Year 2000 problem and securities regulation. Oklahoma and Oregon both mandate Year 2000 compliance, with Oregon establishing an accelerated training program in conjunction with state universities to find qualified people to fix the problem in state agencies. Nevada passed a law immunizing state entities from liability should any of their computers miscalculate dates. Virginia and Wyoming enacted legislation that exempts some securities offered over the Internet from registration requirements within their states. And finally, Tennessee is experimenting with a pilot project to provide free computer training for welfare recipients, giving them the skills necessary to find a job.
AR SB 419 (Signed 3/28/97)
Creates and funds the Department of Information Systems and the Office of Information Technology, responsible for providing information technology and services to state agencies as well as establishing information technology standards and policies for the state.
CT HB 8006 (Signed 7/1/97)
Transfers the duties of the Office of Information and Technology to the Department of Information Technology and adds new duties, including: implementing policies and guidelines regarding the purchase and use of information technology, ensuring public access to information, ensuring the viability of computer systems after the Year 2000, and providing for the interconnection of each branch of government with the various state agencies.
DE HB 276 (Signed 7/15/97)
Creates the Delaware Health Information Network to develop and maintain a community-based health information network in an effort to compile and communicate patient clinical and financial information. Restricts disclosure of personal information without the patient's consent, and exempts from disclosure under the public records act.
FL SB 940 (Enacted 5/29/97)
Abolishes the Information Resource Commission and creates new entities and processes for the state's information resources management. Amends and repeals numerous statutory provisions relating to information technology.
IL HB 1112 (Signed 8/15/97)
Allows the state Board of Education to contract with other public agencies for technology and telecommunications services.
IN SB 178 (Signed 5/6/97)
Requires that surplus computer hardware owned by a state agency must be offered for sale first to schools, and then to other political subdivisions of the state. If the surplus computer hardware is not sold, it may be donated to a school.
KS SB 10 (Signed 4/7/97)
Creates the Health Care Data Governing Board to develop policy regarding the collection, confidentiality, and security of health care data.
MN SB 1905 (Signed 5/30/97)
Transfers all policy and oversight of information technology from the Information Policy Office and the Department of Administration to the new Office of Technology. Also transfers management of the official government online service and creates an Information Policy Task Force to make recommendations regarding public information policy.
NC SB 869 (Signed 6/4/97)
Transfers the technology-related functions of the state government to the Department of Commerce from the Office of the State Controller.
ND HB 1034 (Signed 4/11/97)
Amends the North Dakota Century Code to reflect a focus on educational and information technology. Adds to the duties of the Information Services Division and the Legislative Council.
NH HB 262 (Signed 6/18/97)
Creates a joint legislative committee to oversee the development of a statewide school technology plan.
NH HB 264 (Signed 6/3/97)
Creates a committee to advise the director of the office of information technology management about network technologies.
OR HB 2106 (Signed 10/4/97)
Delegates responsibility for policy direction and coordination of state information technology to the Department of Administrative Services. Allows the Department to furnish video conferencing and on-line access to entities providing public services.
OR SB 775 (Signed 6/12/97)
Requires each state agency to develop a policy to encourage telecommuting and requires periodic reports as to progress.
TN HB 1056 (Signed 5/22/97)
Delegates to the Information Systems Council the authority to lease state communications services to public and private agencies.
TX HB 1572 (Signed 6/20/97)
Prohibits charitable organizations receiving state funds from throwing out computer equipment less than four years after it is purchased.
TX HB 1805 (Signed 6/1/97)
Requires training for state employees handling contract negotiations for computer acquisition and gives requirements for vendor catalogs.
TX SB 910 (Signed 6/18/97)
Creates an interagency task force on electronic benefits transfers to monitor the effectiveness of electronic benefits transfer, as well as to prevent fraud. Also requires data matching of records of all benefits programs to reduce fraud.
VA HB 2770 (Signed 3/21/97)
Requires school boards to develop technology replacement plans for obsolete computer software and hardware, allowing this equipment to be donated to other school districts and preschool programs.
WV HB 2049 (Signed 4/25/97)
Eliminates the position of vice chancellor for instructional technology and transfers the duties of that position to the chancellor of the University of West Virginia board of trustees and the chancellor of the board of directors of the state college system.
WY HB 115 (Signed 2/21/97)
Establishes a committee to develop a request for proposal to provide two-way video capability and data transmission connectivity to every high school in the state by a certain date.
AK SB 25 (Signed 6/12/97)
Provides for the creation of an automated crime victim notification system, which would alert crime victims to a change in the status of their offender. Absolves the Department of Corrections from liability resulting from a failure of the system. Provides for the creation of a for-fee automated inmate information system, the revenue from which would fund both automated systems.
AL HB 270 (Signed 5/27/97)
Clarifies the distinction between the crimes of harassment and harassing communications.
AL SB 476 (Signed 5/22/97)
Creates the crime of solicitation of a child by a computer. Also criminalizes the transmission of obscene (sexual) material to a minor and provides exceptions for communication or access providers.
AR HB 1718 (Signed 4/7/97)
Creates the offense of "unlawful computerized communications," making it a felony to threaten death or serious physical injury, and a misdemeanor to threaten physical injury or use obscene, lewd or profane language with the intent to harass.
AR HB 1802 (Signed 4/9/97)
Authorizes the development of a computerized victim notification system to provide victims or their families information pertaining to an inmate's custody status and any proceedings in the criminal justice or corrections system.
IL HB 2215 (Signed 8/17/97)
Amends the Pawnbroker Regulation Act to allow pawnbrokers to keep the record required by the act in computerized form if approved by the commissioner. Also allows for computer transfer of information to local authorities.
LA HB 2480 (Signed 7/15/97)
Creates the crime of gambling by computer.
NC SB 919 (Signed 8/6/97)
Allows for the discontinuation of telecommunications services believed to be used for unlawful purposes by court order. Provides procedures for restoration of service and provides immunity from liability for telecommunications companies complying with the law.
NJ AB 2187 (Signed 1/24/97)
Amends the definition of theft to include theft of telecommunications services or access codes, allowing forfeiture of any computer equipment used in the enterprise.
RI SB 413 (Signed 7/8/97)
Creates the crime of theft of telecommunication services, providing for a fine of $30,000 or 15 years in prison or both. Also provides for civil remedies.
TN HB 798 (Signed 6/13/97)
Requires that sex offender information be placed on the Internet, as well as on an automated telephone system.
TX HB 1482 (Signed 5/27/97)
Makes it a crime to access a computer system without the consent of the owner, divert telecommunications services for personal benefit, make or distribute a counterfeit telecommunications access device, or obtain telecommunications services without paying the lawful charge for them.
UT HB 87 (Signed 3/21/97)
Modifies the penalties for certain computer crimes.
VA SB 894 (Signed 3/2/97)
Requires that information contained in a governor's warrant for arrest of a person in another state be put into the Virginia Criminal Information Network.
AR HB 1064 (Signed 3/21/97)
Creates a DNA data base to be administered by the State Crime Laboratory and to be procedurally compatible with the FBI. Requires that a DNA sample be obtained from anyone found guilty of a sex offense, violent offense, or repeat offense after the effective date of the act. Provides that no enumerated offender incarcerated prior to the effective date of the act be released before the expiration of the maximum term of their sentence without first submitting a DNA sample. Provides penalties for disclosure of data base information to anyone other than authorized law enforcement personnel.
AR HB 1156 (Signed 4/1/97)
Requires insurance companies to provide records of each motor vehicle insurance policy in effect each month to the department of finance in a suitable electronic format. Directs the revenue division to create a data base of motor vehicle insurance records to verify compliance with insurance coverage laws. Restricts access to an individual's information to that individual, a minor individual's parents, or a law-enforcement agency or other government agency.
CA SB 695 (Signed 9/25/97)
Repeals law that creates an automobile insurance claims depository on report that the data base is cumulative, and allocates the budget of the claims depository to the Department of Insurance auto insurance fraud investigations unit.
CO HB 1209 (Signed 6/3/97)
Creates a Motorist Insurance Identification Data base, limits access to information in the data base, establishes procedures to determine the effectiveness of the data base in reducing uninsured motorist claims.
FL HB 1873 (Signed 5/29/97)
Creates a student financial assistance data base to provide policymakers with information on each post-secondary student receiving financial aid.
IL HB 1589 (Signed 8/15/97)
Contains a provision requiring protective orders to be entered into the Law Enforcement Automated Data System as soon as possible after receipt.
MI SB 319 (Signed 8/6/97)
Requires the secretary of state to create and maintain a data base of motor vehicle registration applications and provides for public access to the records. Makes it a felony to use personal information in the records without authorization.
MI SB 534 (Signed 8/6/97)
Requires the secretary of state to create and maintain a data base of watercraft registrations and provides for public access to the records. Restricts access to personal information to certain enumerated uses.
MS HB 1470 (Signed 3/25/97)
Requires a statewide, computerized voter registration record to be maintained and updated by the secretary of state. Exempts Social Security, telephone, and age information contained in the data base from disclosure under the Public Records Act.
NC HB 852 (Signed 7/14/97)
Provides that information contained in a 911 data base is not public record, and may only be disclosed for purposes of training or responding to emergency calls.
NC SB 676 (Signed 9/17/97)
Provides for the creation of a statewide registry of criminal sex offenders and mandates free public access to the registry through the Internet. Also limits disclosure of victim information as well as juvenile offender information.
UT HB 69 (Signed 9/19/97)
Creates the Serious Habitual Offender Comprehensive Action Program data base to identify and track youthful offenders and provides penalties for unauthorized disclosure of information in the data base.
FL HB 1413 (Became Law Without Governor's Signature 5/30/97)
Authorizes amended notary public commissions for electronic notarization, establishes voluntary licensure of certification authorities, and allows for electronic seals in engineering, surveying, and mapping documents.
GA SB 103 (Signed 4/22/97)
Provides legal effect for electronic signatures, provides redress for the fraudulent use of an electronic signature, and directs state agencies, authorities and boards to establish pilot projects examining the use of electronic signatures.
ID HB 48 (Signed 3/13/97)
Amends existing law to allow engineers and surveyors to use electronic disclaimers in place of handwritten signatures on certain engineering documents to be used for informational purposes.
IN HB 1945 (Signed 5/13/97)
Provides guidelines for the provision of enhanced access to public records by state agencies through a computer gateway. Creates the Enhanced Data Access Review Committee to evaluate access policies and promote use of the computer gateway, as well as establishing fees for such enhanced access. Provides for the use of digital or electronic signatures in transactions with the state or state agencies.
KS HB 2059 (Signed 5/15/97)
Gives the force and effect of any other signature to digital signatures.
LA HB 294 (Signed 6/11/97)
Provides for the admissibility in court of optically stored financial records, as well as those with digital or electronic signatures.
LA HB 1605 (Signed 6/18/97)
Authorizes the use of electronic signatures on medical records by doctors, subject to rules imposed by the Department of Health and Hospitals.
LA SB 609 (Signed 7/15/97)
Defines "signature" to include electronic signatures in relation to vital records.
MN SB 173 (Signed 5/19/97)
Implements the Minnesota Electronic Authentication Act, providing comprehensive guidelines for the use of digital signatures. Provides requirements and duties for certification authorities, procedures for application and revocation of certificates, and legal effects for digital signatures.
MS HB 752 (Signed 3/17/97)
Implements digital signatures, giving them the force and effect of written signatures. Permits the secretary of state to license certification authorities within the state, and exempts records which might lead to disclosure of private keys or certificates from the Public Records Act.
NH SB 207 (Signed 6/19/97)
Allows the voluntary use of digital signatures among entities of the state, giving them the effect of other signatures if certain conditions are met. Places implementation with the commissioner of administrative services.
NV AB 386 (Signed 7/1/97)
Authorizes the clerk of court to accept complaints filed electronically, as well as other documents from the district attorney, provided an electronic image of the filer's signature appears on the document. Also allows public agencies to accept electronically filed documents meeting the same requirements.
NV SB 42 (Sent to Governor 4/24/97)
Authorizes the state controller to regulate the use of electronic symbols to substitute for authorized signatures.
OK HB 1690 (Signed 4/15/97)
Creates the Task Force on Electronic Signature Technology to study the technology of and applications for electronic signatures and to prepare recommendations for legislative and other action needed to ensure the availability and use of electronic signature technology in the state.
OR HB 3046 (Signed 6/12/97)
Implements digital signatures, giving the Director of the Department of Consumer and Business Services authority to issue certificates and register other certification authorities.
RI HB 6118 (Signed 7/8/97)
Allows the use of digital signatures to satisfy the requirement of a signature, providing the factors to be used to determine validity. Also allows agencies to accept electronically filed documents and records and provides for their admissibility in court.
TN HB 1718 (Signed 6/13/97)
Allows state courts to implement procedures to accept electronically signed court documents.
TX HB 984 (Signed 6/1/97)
Allows state agencies and local governments to accept digital signatures that comply with guidelines adopted by each entity.
VA SB 923 (Signed 4/19/97)
Implements digital signatures, allowing them to satisfy the requirements of a signature. Allows state agencies to accept digital signatures, and requires the Council on Information Management to adopt final regulations.
WA SB 5308 (Signed 4/15/97)
Updates 1996 legislation implementing digital signatures by setting out requirements for the secretary of state and certification authorities based on recommendations by the secretary of state.
AR HB 1988 (Signed 3/31/97)
Requires the director of the State Department of Education to develop a plan to enable all school districts to utilize distance learning by 1999.
CA AB 64 (Signed 8/19/97)
Establishes the Digital High School Education Technology Grant Program to provide computers and training programs to high schools.
CA AB 1023 (Signed 9/2/97)
Amends requirements for teaching credentials to include studies in computers and computer-based technology applications in education.
IL HB 754 (Signed 8/17/97)
Declares that all students should have access to technology, and provides for access to the statewide educational network for nonpublic schools for a fee. Creates the School Technology Revolving Fund to cover the costs for such access.
IL SB 69 (Signed 6/6/97)
Amends the school code to facilitate the acquisition of computer technology and facilities.
NV AB 469 (Signed 7/8/97)
Creates a statewide education information system to manage information about every pupil enrolled in public schools.
OH HB 215 (Signed 6/30/97)
Abolishes the state Technology Advisory Committee and establishes the Information, Learning and Technology Authority. Transfers oversight and administration of the Office of Information, Learning and Technology Services and the Distance Learning Fund from the Department of Education to the authority. Establishes the Ohio Schools Technology Implementation Task Force to make recommendations regarding implementing technology in schools. Appropriates funds for information technology, distance learning and network development in schools. Contains numerous other provisions relating to information technology funding and management.
OK HB 1442 (Signed 4/15/97)
Allows the school for the blind to request computer disk versions of textbooks and literary works for use in Braille reading equipment.
OR HB 2443 (Sent to Governor 6/10/97)
Allows the Department of Administrative Services to donate surplus, unused or obsolete computers to schools.
TN HB 344 (Signed 4/8/97)
Allows state agencies to donate surplus computer equipment to local schools if such schools request the equipment.
TN HB 1206 (Signed 6/13/97)
Creates a pilot project to provide free basic computer training to unemployed people receiving public assistance.
TX HB 1404 (Signed 5/19/97)
Allows state universities to offer courses by means of distance learning upon approval of the State Board of Education.
TX SB 294 (Signed 6/20/97)
Commissions a study of the costs and benefits of using computers and computer networks in schools.
AR HB 1027 (Signed 2/24/97)
Requires the State Board of Education to use, to the fullest extent possible, the information technology network linking the state board and local school districts to reduce the amount of paperwork required to be reported by the local school districts.
AR HB 1545 (Signed 3/25/97)
Sets requirements for the filing of budget reports by school districts. Extends the filing deadline for districts using electronic filing instead of paper forms.
AR HB 1621 (Signed 3/17/97)
Amends law to allow state agencies to retain original evidences of indebtedness in a form of stored image in a computer system rather than a system of paper files.
CA AB 206 (Signed 9/21/97)
Requires state agencies to incorporate complaint forms in their Websites, both for complaints against the agency and for complaints against individuals licensed by the agency. Also requires advertising of the Website's address.
CA SB 49 (Signed 10/11/97)
Requires electronic filing of Campaign Finance Reports by the Year 2000 election. Requires continued filing of paper copies of reports until the secretary of state is satisfied with electronic filing, and requires that the public have access to the reports via the Internet.
GA HB 130 (Signed 4/4/97)
Contains a provision authorizing the Department of Agriculture to accept applications either in writing or through available electronic media approved by the commissioner and authorizing the payment and acceptance of fees in any manner, including electronic fund transfers.
IA HB 704 (Signed 5/1/97)
Contains a provision allowing for the development and implementation of an electronic application, titling, registration and payment system for motor vehicles.
IL HB 729 (Sent to Gov. 6/12/97)
Provides for the optional electronic filing of campaign expenditure and contribution reports. Requires that such reports be made searchable on the Internet.
MD HB 178 (Signed 4/8/97)
Allows financing statements to be filed with the Department of Assessments and Taxation by electronic data interchange.
MS HB 1313 (Signed 3/25/97)
Allows for businesses and corporations to file with the secretary of state electronically and amends existing law to reflect this.
NC SB 1 (Signed 9/17/97)
Contains provisions requiring statewide political entities receiving or spending $5,000 or more to file reports electronically using software provided by the State Board of Elections. Also requires the State Board of Elections to make campaign finance reports publicly available over the Internet.
NH HB 53 (Signed 6/9/97)
Requires electronic filing of reports for the collection of certain taxes.
VA HB 2042 (Signed 3/18/97)
Requires the Department of Motor Vehicles and the State Police to work on using bar code and other technology to improve efficiency.
VA HB 2279 (Signed 3/15/97)
Requires electronic filing of lobbyist disclosure statements and campaign finance reports, which are to be made publicly available in a data base beginning in 1999.
WA HB 1323 (Signed 4/22/97)
Allows state agencies to satisfy the notice requirements of the Administrative Procedures Act by using e-mail or fax mail to notify parties who request such electronic notice.
AL HB 112 (Signed 9/11/97)
Allows the Houston County Probate Judge to provide on-line access to probate records that are otherwise available at the court for a reasonable fee.
CA AB 1097 (Signed 7/8/97)
Amends existing law to allow meetings of a state body by teleconference without a repeal date.
CT SB 3004 (Signed 6/27/97)
Has a provision regulating the use of the inter-agency commonly linked computerized management information system and preventing disclosure of personal information on the system to unauthorized parties.
HI HB 1585 (Signed 6/16/97)
Authorizes the Hawaii Criminal Justice Data Center to charge fees for certain services related to the criminal history information system.
HI SB 1919 (Signed 4/29/97)
Appropriates funds to improve the Legislative Broadcast Program and the Legislative Information System to improve public access to legislative proceedings.
ID HB 127 (Signed 3/17/97)
Authorizes cities to use optical scanning of records, provides for photographic or digital retention of records and provides for disposition of originals.
ID SB 1076 (Signed 3/13/97)
Provides criteria by which public writings in paper form are officially retained in digital form.
IN SB 10 (Signed 5/13/97)
Provides for the retention and admissibility in court of public records reproduced by an approved optical imaging process and certified by the custodian of the records. Provides for the destruction of records when no longer useful with the approval of the commission.
LA HB 1856 (Signed 6/20/97)
Allows for the storage of public records by microphotographic or digital processing, provided that originals of digital records are maintained until digitization is approved for records preservation.
LA SB 989 (Signed 5/15/97)
Allows the Department of Labor to retain records in a digitized form so long as the original document is retained until electronic digitization becomes accepted as a means of records preservation.
LA SB 1323 (Signed 7/9/97)
Creates the Advisory Council for Technology Access by the Visually Impaired to advise the Louisiana Data Base Commission regarding access to public information by the visually impaired. Also requires all state agencies, where possible, to ensure that visually impaired employees have access to data processing equipment.
ME HB 78 (Signed 3/28/97)
Orders a variety of legislative information to be made available over the Internet, including legislative documents, committee hearing schedules, legislators' voting records and state laws.
ME HB 1133 (Signed 6/12/97)
Establishes the Task Force on Information Technology to study the ways in which the public is accessing state information and suggest ways to improve access.
MI HB 4701 (Signed 8/6/97)
Provides for the disclosure of information contained in motor vehicle records for an appropriate fee, including data base searches. Prohibits disclosure of personal information except for enumerated exceptions.
MN SB 755 (Signed 5/15/97)
Allows meetings of the Legislature and other public bodies to be conducted by means of interactive television so long as all members can hear and see each other.
MT SB 239 (Signed 4/11/97)
Requires that bank records, which have been electronically stored in the normal course of business, be considered an original record for purposes of admissibility in court if the originals have been destroyed.
NC HB 499 (Signed 6/19/97)
Provides for public access at a reasonable cost to geographical information systems data bases and data files developed and operated by counties and cities.
NC SB 855 (Signed 6/19/97)
Allows the Director of the Administrative Office of the Courts to contract for provision of electronic access to court records.
NE LB 590 (Signed 6/6/97)
Amends laws relating to the State Records Board to change membership, require electronic access to public records, and to authorize fees for access to records.
NH HB 457 (Signed 6/18/97)
Requires all state entities to have a presence on the state Automated Information System, and makes the state library the official clearinghouse for government information.
NV AB 214 (Signed 7/16/97)
Regulates the amount of fees that may be charged for copies of public records.
OR SB 578 (Signed 8/13/97)
Authorizes cities to keep lien records in an electronic format, and make them accessible on-line.
TN SB 811 (Signed 5/29/97)
Permits county officials to provide remote electronic access to information in their possession, and limits the fee that may be charged to that which is reasonable to actually provide the service, and no more.
TX HB 972 (Signed 6/20/97)
Provides for access to certain driver's license record information via an interactive computer system. Also provides for fees.
UT HB 162 (Sent to Governor 2/17/97)
Authorizes public bodies to hold electronic meetings and provides procedures for conducting such meetings.
VA HB 1991 (Signed 4/2/97)
Allows courts to preserve books and records that are wearing out to make copies of the documents and have them rebound or have them digitally imaged, giving the duplicate documents the same credit as the originals.
VA HB 2421 (Signed 3/15/97)
Requires the Virginia Information Providers Network Authority to charge a fee for electronic access to information in its possession sufficient to cover the expense of maintaining the network.
VA HB 2762 (Signed 3/15/97)
Allows clerks of the Commonwealth's Circuit Courts to provide remote access to nonconfidential court records over the Internet.
WV SB 111 (Signed 5/6/97)
Allows anyone required to maintain records to copy the records using any generally accepted technology and substituting the copies for the originals and provides for their admissibility in court.
AL HB 68 (Signed 9/23/97)
Creates the Criminal Justice Information System Automation Fund to provide for equipment, operations, maintenance, supplies, and training related to the Criminal Justice Information System. Increases the Criminal History Processing Fee by $10 to add to the fund.
AR HB 1498 (Signed 3/13/97)
Appropriates funds for a computerized voter registration system and the development of a statewide distance learning and telemedicine network.
AR HB 1548 (Signed 2/17/97)
Appropriates funds to the state treasurer for a new data processing system.
AR HB 1588 (Signed 3/25/97)
Appropriates additional funds to the department of computer services.
AR SB 137 (Line-Item Veto Overridden 2/24/97)
Appropriates supplemental funds to the Department of Education for statewide network grants.
AR SB 258 and 259 (Signed 3/18/97)
Appropriates additional funds to the Department of Computing Services for grants for the development of a statewide distance learning or telemedicine network.
AR SB 333 (Signed 3/12/97)
Appropriates additional funds to the Department of Computing Services for the planning, development, implementation, operation and maintenance of a Statewide Network Infrastructure.
AR SB 414 (Signed 3/17/97)
Appropriates funds to the Pulaski Technical College for the construction of a computer technology center.
AR SB 585 (Signed 3/17/97)
Appropriates funds to the Arkansas State University for the relocation and improvement of the central computer facility.
AR SB 593 (Signed 3/18/97)
Appropriates funds to various educational institutions for the purchase and installation of distance learning systems and equipment.
CO HB 1200 (Signed 3/24/97)
Expands the use of the Department of Education's special building fund to include the purchase and implementation of instructional technology and software and the training of teachers in the use of new technology.
FL HB 129 (Sent to Gov. 5/14/97)
Creates the Florida Education Technology Foundation and Florida Future Funds to provide a mechanism for businesses to invest in the education system by contributing to a fund to be used to improve educational technology.
HI HB 1646 (Signed 5/2/97)
Appropriates funds for the acquisition of an automated tax system by the Department of Taxation.
IA HB 730 (Signed, with Line-Item Veto 5/23/97)
Appropriates funds for various telecommunications, information technology, and century date change projects.
LA HB 1911 (Signed 6/19/97)
Creates the Classroom-Based Technology Fund to provide grant money to schools for the purpose of improving educational technology. Also creates the State Technology Advisory Committee to oversee the distribution of the funds and ensure that applicants meet the requirements set forth.
MO HB 697 (Signed 5/12/97)
Creates the Criminal Justice Network and Technology Revolving Fund to provide for new computers, telecommunications, and software for the administration of the Criminal Justice Network.
MS SB 2875 (Signed 3/25/97)
Appropriates funds to the Information Technology Services Network Backbone.
MS SB 3139 (Signed 4/10/97)
Appropriates funds for the operation and maintenance of the Education and Research Center of Mississippi and the Mississippi Automated Resource Information System.
MS SB 3156 (Signed 4/9/97)
Appropriates funds to the Mississippi Department of Information Technology Services for general operating expenses, providing data processing services, and developing a telecommunications backbone infrastructure.
NM HB 840 (Signed 4/10/97)
Appropriates funds for the legislative information system for new computers.
NV AB 222 (Signed 7/8/97)
Appropriates funds to the Department of Taxation for development of computer networks.
NV AB 223 (Signed 6/23/97)
Appropriates additional funds to the Department of Taxation.
NV AB 236 (Signed 6/23/97)
Appropriates funds to the office of the governor for computer upgrades.
NV AB 299 (Signed 7/3/97)
Appropriates funds to the Department of Prisons for new and replacement computers and information services.
NV AB 606 (Signed 7/16/97)
Appropriates funds to the University and Community College System of Nevada for the improvement of education through interactive computer programs.
NV SB 72 (Signed 6/30/97)
Appropriates funds for additional equipment and software for information systems for the Legislative Counsel Bureau.
NV SB 170 (Signed 6/30/97)
Appropriates funds to the Department of Museums to automate the department and replace obsolete equipment.
NV SB 181 (Signed 7/8/97)
Appropriates funds to the Department of Motor Vehicles and Public Safety for computer hardware and software.
NV SB 201 (Signed 7/17/97)
Appropriates funds to the Department of Administration for the implementation of the technology improvement plan for state government.
NY AB 8450 (Signed 7/22/97)
Appropriates funds to the Department of Social Services to create a data base of public assistance recipients in order to comply with federal law.
UT HB 242 (Signed 3/21/97)
Appropriates funds to the Highway Patrol for computer hardware, software, maintenance and training.
WI AB 100 (Line-Item Vetoed 10/11/97)
Includes funding for the Elections Board to improve their computer system to allow electronic filing and access to campaign finance reports, as well as funding for several grant and loan programs to provide technology to schools.
AR HB 1386 (Signed 3/25/97)
Requires the board of directors of each school district in the state to develop a written policy concerning student and staff use of computers owned by the district in accessing the Internet.
CA AB 132 (Signed 7/21/97)
Requires school boards to adopt a policy regarding access by pupils to Internet sites containing harmful matter, as defined.
CT SB 993 (Signed 6/6/97)
Directs the Office of Policy and Management to prepare a plan for the implementation of a procurement announcement system, for goods and services purchased by a state agency, available on-line through an interactive computer service.
GA SB 154 (Signed 4/4/97)
Gives the commissioner of banking rule-making authority to address the delivery of banking services over the Internet and other technologies.
NH HB 110 (Signed 6/19/97)
Requires school boards to adopt a policy regarding use and Internet access for school computers and fixes liability for violation of the policy.
NV SB 13 (Signed 7/8/97)
Provides for liability for transmitting an unsolicited item of electronic mail, which includes an advertisement. Creates an exception for e-mail, which is identified as an advertisement and which offers a procedure to request removal from the mailing list.
TN HB 631 (Signed 6/13/97)
Requires municipalities to deposit municipal audits in the local library and, if possible, on the municipality's homepage.
TX HB 1300 (Signed 5/27/97)
Requires an interactive computer service provider to place a link to free or shareware filtering software conspicuously on the first accessible webpage of the service provider. Provides for a civil penalty of $2,000 for each day the provider fails to comply.
TX HB 1556 (Signed 6/1/97)
Requires state agencies to establish e-mail addresses.
TX SB 290 (Signed 5/20/97)
Requires the Health and Human Services Commission to use the Internet to provide technical assistance to human services providers.
TX SB 820 (Signed 5/31/97)
Creates a state electronic commerce and procurement network to facilitate state procurements electronically.
UT SB 15 (Signed 3/21/97)
Creates the Public Education Computer Technology Task Force to review and make recommendations on the issue of access to pornography in schools via the Internet, and means of blocking such access.
FL SB 404 (Became Law without Governor's Signature 5/31/97)
Specifies that Internet and e-mail access are not telecommunications services for tax purposes and are therefore not subject to taxes imposed on telecommunications services.
GA HR 366 (Signed 4/29/97)
Expresses the consensus of the General Assembly that Internet access and other electronic communication services should remain exempt from government imposed fees, assessments or taxation.
IN SB 375 (Signed 5/13/97)
Exempts from the retail tax qualified computer systems sold to the parents of a child enrolled in a school's computer education program. Also grants a $100 tax credit to anyone who donates a qualified computer to a school.
NC HB 14 (Signed 8/6/97)
Changes the sales tax definition for custom computer software.
NC HB 295 (Signed 4/17/97)
Exempts software from property tax, except imbedded software and software acquired from someone else and then capitalized.
NV SB 423 (Signed 7/5/97)
Exempts computers and computer hardware donated to schools from property tax.
SC HB 3548 (Signed 6/10/97)
Requires a withholding agent to file returns with the state department of taxation on magnetic media when such media is also required by the IRS.
TN HB 555 (Became Law 5/20/97)
Exempts from sales and use tax computer media exchange services (data transfer).
WA SB 5763 (Signed 5/9/97)
Prohibits the imposition of any new taxes on Internet service providers other than the general business tax. Clarifies that that the provision of Internet services does not constitute network telephone service.
CA SB 922 (Signed 8/2/97)
Excludes telephone and e-mail correspondence between a physician and a patient from the definition of telemedicine for regulatory purposes.
HI SB 1560 (Signed 6/21/97)
Establishes minimum requirements for the receipt, transmission, filling, recordkeeping, confidentiality, and security of electronic prescription information.
IL HB 1342 (Signed 6/6/97)
Requires the Department of Public Health to study the feasibility of using telemedicine technology to serve rural communities.
IL SB 314 (Signed 6/6/97)
Requires the licensing of out-of-state physicians practicing telemedicine in the state.
MS SB 2389 (Signed 3/25/97)
Requires the licensure of out-of-state doctors practicing telemedicine, except when requested by an in-state doctor who has established the doctor-patient relationship with the patient.
NC SB 780 (Signed 9/17/97)
Regulates the practice of medicine by nonresident physicians through electronic or other means.
OK SB 48 (Signed 5/19/97)
Allows the practice of telemedicine with the written consent of the patient after disclosure required by the act.
AR HB 1085 (Signed 2/4/97)
Allows a bank to charge a fee to a customer using the bank's ATM with another bank's ATM card.
AZ SB 1273 (Signed 4/3/97)
Allows the director of the Department of Transportation to distribute, license, lease or sell computer software developed by the department.
CO HB 1354 (Signed 5/27/97)
Orders the creation of a computer system to facilitate reapportionment as directed by the 10th Circuit Court of Appeals.
CT HB 6894 (Signed 3/4/97)
Adds programming, data conversion and data entry to the list of acceptable uses of a Computer-Assisted Mass Appraisal System grant-in-aid.
MD HB 1124 (Signed 5/22/97)
Requires the Department of Budget and Management to create a statewide InterLATA network to improve telecommunications and network access for rural areas in order to promote efficiency in government and education.
MD SB 309 (Signed 4/29/97)
Authorizes the Board of Trustees of the State Retirement and Pension System to submit any claims resulting from the upgrade of their data processing and data management system to arbitration.
ND SB 2213 (Signed 4/8/97)
Requires legislators to pay a computer usage fee.
NV SB 180 (Signed 7/3/97)
Grants immunity to the state and all subdivisions from claims regarding computer error in calculating dates, regardless of the cause of the error. Appropriates funds to fix the Year 2000 problem.
NY SB 3525 (Signed 7/29/97)
Regulates the advertising of telecommunications services, requiring the disclosure of the estimated total cost of contacting the service.
OK HB 1434 (Signed 6/11/97)
Requires that all state agency computer systems be made Year 2000 compliant by Jan. 1, 1999, and that all agencies file a report at that time detailing any remaining problems.
OR HB 2903 (Signed 6/20/97)
Addresses the Year 2000 problem by requiring the Department of Administrative Services to develop a Year 2000 compliance plan and creating a certification process to recruit people to help fix the problems.
SD HB 1192 (Signed 3/22/97)
Exempts computers and communications equipment purchased for schools from bidding requirements.
SD SB 228 (Signed 3/21/97)
Allows electronic livestock auctions and requires the Animal Industry Board to regulate such auctions.
TN HB 904 (Signed 4/29/97)
Allows the register of a county to collect a $2 data processing fee for each document deposited with the register.
VA HB 1849 (Signed 3/19/97)
Exempts securities offered over the Internet from the securities registration requirements of the state.
WY HB 71 (Signed 2/27/97)
Exempts securities offered over the Internet from state registration requirements provided that the security is not directly offered to anyone in the state and the security is not sold in the state.
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