INFORMATION TECHNOLOGY AND INTERNET LAWS PASSED
IN 1998
Information Policy and Technology Series
by
Randall Jackson
Legislative Information Services
Contents
Introduction
Information Technology Administration (ADM)
Criminal Laws (CRIM)
Electronic Commerce/Transactions (ECOM)
Electronic Information (EINF)
Government Use of Technology (GOV)
Internet and Electronic Mail (NET)
Year 2000 (Y2K)
Miscellaneous (MISC)
26-page document. For a hardcopy of the complete report, please contact
Janna
Goodwin.
Introduction
In 1998, every state legislature in the country considered information
technology-related legislation, with some states proposing hundreds of
bills in this area. This report summarizes the major state legislation
passed in 1998 regarding computers, information systems, information policy
and the Internet. In large measure, the proposed legislation allowed states
to 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 information technology in the state
were prominent last 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 during the 1998 session, and
many states considered using technology to streamline transactions between
agencies and the public.
Information Technology Administration- (ADM)
In 1998 a number of states addressed the administration of information
technology, either by creating new departments and positions or by changing
the membership or duties of existing groups.
Illinois and Nebraska both created new commissions last year, looking
at Internet privacy and information technology, respectively. Illinois
also created a new task force to address year 2000 concerns, and Maryland
created one to begin work on a high-speed data network for the state. Kentucky
created two new divisions and one new office to help administer information
technology, and Michigan and Tennessee both created groups to integrate
new technology in the judicial system.
Arizona, Georgia, Minnesota, Pennsylvania and Utah made changes in membership
in information technology groups within their states, either by adding
or removing members. Idaho, Mississippi, Pennsylvania and Utah added responsibilities
to some of their Internet Technology (IT) groups.
Criminal Laws- (CRIM)
Several states addressed crime and technology in 1998, both by creating
or modifying actual crimes committed through the use of technology and
by using technology to manage information about criminals.
Delaware, New Hampshire, New Jersey and New Mexico made it a crime to
disseminate pornography using a computer, with Delaware, New Hampshire
and New Jersey focusing on child pornography and New Mexico addressing
material harmful to minors in general. Maryland and Virginia made it a
crime to use e-mail to harass or threaten, and Washington made it illegal
to send commercial e-mail containing false or misleading information.
California changed its existing laws to include electronic communications
in its definitions of false advertising, stalking and harassment. Maryland
expanded its crime of unlawful use of a computer to include people who
exceed their authorization, and Virginia heightened the penalties for computer
trespass.
California, Delaware, Florida, Michigan, New Hampshire, Ohio, Tennessee,
Virginia and Washington passed laws relating to some aspect of their criminal
information systems, whether it was including new information, allowing
limited public access, ordering data matching, or providing oversight.
Electronic Commerce/Transactions- (ECOM)
Every state looked at electronic commerce in one form or another in 1998,
with many states enacting legislation dealing with electronic signatures,
records or payments.
Alaska, Arizona, Connecticut, Idaho, Illinois, Kentucky, Maryland, Minnesota,
Missouri, North Carolina, New Hampshire, Ohio, Oklahoma, South Carolina,
Virginia, Wisconsin and West Virginia enacted legislation related to electronic
signatures in 1998. Some set up new programs for use of electronic signatures
by state agencies, while others addressed private use of electronic signatures
and the issue of certification authorities. Several states also addressed
security for digital signature certificate information.
Florida, Georgia, Missouri and Utah expanded their electronic signature
laws to accommodate electronic notarization of electronically signed documents.
Alaska, Kentucky, Oklahoma and South Carolina enacted legislation legally
recognizing electronic documents, and California, Colorado, Delaware, Kentucky
and Michigan required certain people to pay taxes through electronic funds
transfer. Other states, including Connecticut, Hawaii, Iowa, Indiana, Kansas,
Minnesota, New York, Rhode Island and South Carolina, enacted legislation
dealing with electronic commerce in a wide variety of ways.
Electronic Information- (EINF)
With the new prevalence of computers in this country, many states are attempting
to make more information available in an electronic format. These efforts
include allowing public record retention in an electronic format, making
more information available on the Internet, and developing large-scale
information systems to organize and provide access to important data.
Alabama, Arizona, Iowa, Illinois, Kansas, Louisiana, Maryland, Maine,
Michigan, Missouri, Nebraska, New Hampshire, New York, Virginia, Washington
and West Virginia enacted legislation in 1998 dealing with the electronic
retention of records at the state or local level, as well as with access
issues for those records. Arizona, California, Michigan, Tennessee and
Virginia passed laws making a wide variety of information available on
the Internet, and California, Hawaii and Utah authorized using e-mail to
send notice of public meetings and activities.
Several states, including Kentucky, Maine, New Mexico, New York, Utah,
Virginia, Washington and Wisconsin, also enacted legislation dealing with
statewide information systems. Health care data and motor vehicle insurance
databases were often addressed by legislation in this area.
Government Use of Technology- (GOV)
Another major area for technology legislation in 1998 was to explore ways
in which technology could be used to improve efficiency in government.
Many states enacted legislation dealing with filing documents with the
government electronically, especially with courts and elections commissions.
Other trends appeared with electronic tax filings and electronic voting.
Connecticut, Utah and Virginia now allow litigants to file documents
electronically with courts, and Illinois, Louisiana, Maryland, New Hampshire
and Wisconsin now are requiring certain candidates to file campaign reports
electronically.
Arizona, Georgia, Illinois, Maryland, South Carolina, Utah, Virginia
and West Virginia now are implementing electronic voting in one form or
another, from electronic voting machines to electronic ballots to Internet-based
voting for military personnel overseas. Florida, Mississippi and Tennessee
now are working with electronic tax returns or receipts.
Other states that enacted legislation in this area in 1998 include California,
Connecticut, Iowa, Kentucky, Missouri, New York and Oklahoma.
Internet and Electronic Mail- (NET)
Many of the enactments related to the Internet, especially those that relate
to providing content, already have appeared in other sections of this publication,
such as ECOM and EINF. The enactments listed here deal primarily with the
Internet itself, particularly in the areas of accessibility and taxation.
California, Indiana and Kentucky passed legislation requiring libraries
or schools that provide Internet access to minors to adopt Internet usage
policies. The Kentucky legislation, which addresses only schools, further
requires that access to explicit material be blocked with filtering software.
Colorado set up a process to identify rural areas in need of infrastructure
to ensure equal access to the Internet.
In the area of Internet taxation, Alabama, Missouri and Virginia have
exempted Internet access from taxation. Colorado and California have imposed
a three-year moratorium on access and sales taxes, and New Mexico allows
sales tax deductions for Internet access and sales made to out-of-state
residents over the Internet.
Year 2000 Bills- (Y2K)
With only one year remaining, many states turned their attention to the
problems they might face should their computer systems fail in the year
2000.
Four states-Florida, Georgia, Hawaii and Virginia-enacted legislation
exempting the state from liability from any problems caused by the year
2000 problem, and California gave tort immunity to anyone who shares year
2000 information in good faith. Maine, North Carolina and New Hampshire
now are requiring quarterly status reports to oversee their state's progress,
and Alabama is studying the revenue effects of a possible business tax
deduction for companies that are trying to fix their year 2000 problems.
California and New York passed legislation to help ensure that staff are
available to help fix the problem, and Illinois created a new task force
to help address the problem.
Miscellaneous- (MISC)
This category covers everything that doesn't fit elsewhere, including taxes
and tax breaks, telemedicine, and telecommuting. It also includes non-governmental
uses of technology (corporate teleconferencing, for example).
Information Technology Administration
(ADM)
Deals with groups that are responsible for IT policy. Covers organization
and management of IT: agencies, committees, task forces, officers, and
others within the state. Also includes changes in responsibility and new
projects.
AZ HB 2610 (Signed 4/28/1998)
Changes the composition of the Information Technology Authorization
Committee by increasing the number of governor appointments from one to
two, and removing the director of the telecommunications policy office.
Gives the committee rulemaking authority to further its objectives. Extends
the repeal date to 2003.
GA HB 1404 (Signed 4/20/1998)
Adds the commissioner of transportation, the commissioner of technical
and adult education, and the commissioner of community affairs to the Georgia
Information Technology Policy Council.
ID SB 1495 (Signed 3/20/1998)
Requires the Information Technology Resource Management Council to
establish comprehensive risk assessment criteria for state agencies and
consider them in approving large-scale projects.
IL HB 2696 (Signed 7/24/1998)
Creates the Advisory Commission on Internet Privacy to investigate
the means by which and extent to which consumer privacy should be protected
on the Internet and to discuss limits on disclosure of personally identifiable
information by Internet Service Providers (ISP's). Requires the Commission
to report back by Jan. 1, 1999.
KY HB 0345 (Signed 3/12/1998)
Confirms Executive Order 97-1625, dated December 16, 1997, which creates
and establishes the Division of Technology and Communications within the
Department of Parks in the Tourism Development Cabinet.
KY SB 0149 (Signed 3/17/1998)
Confirms Executive Order 96-944, which creates the Office of Information
Services within the Natural Resources and Environmental Protection Cabinet.
KY SB 0176 (Signed 3/17/1998)
Creates the division of information resources under the office of the
secretary of the Finance and Administration Cabinet.
MD HB 0007 (Signed 5/21/1998)
Creates the Maryland Science, Engineering and Technology Development
Corporation to assist in commercializing new technology developed by the
state colleges and universities and the private sector. Sets requirements
for the board of directors, to be appointed by the governor, as well as
the general powers of the corporation.
MD HB 0847 (Signed 5/21/1998)
Creates the Task Force on High-Speed Network Development to assess
and begin development of a high-speed data network in the state. Assigns
members to and establishes powers and duties of the task force.
MI SB 0794 (Signed 5/13/1998)
Creates the law enforcement information network policy council to establish
policy and promulgate rules regarding the operational procedures to be
followed by agencies using the law enforcement information network. Prohibits
disclosure of information in the network to private entities, and provides
penalties.
MN SB 2315 (Signed 3/5/1998)
Makes the director of the Office of Technology a member of various
boards and other state organizations.
MS HB 0970 (Signed 3/23/1998)
Requires the Mississippi Department of Information Technology Services
to adopt rules governing protests by aggrieved contract bidders. Provides
that a bond may be required on filing of protest.
NE LB 0924 (Signed 4/2/1998)
Creates the Nebraska Information Technology Commission. Specifies members,
powers and duties of the commission. Also creates the office of chief information
officer within the Department of Administrative Services, a technical panel,
a technology information clearinghouse, and two new technology funds. Provides
for fees for information that is provided electronically by the secretary
of state. Provides that certain records be made available electronically
and provides for fees. Creates the information technology retraining program
and sets guidelines for admission and administration. Gives effect to digital
signatures as used between private parties.
PA HB 1347 (Signed 5/7/1998)
Changes the membership of the Legislative Data Processing Committee
and allows the committee members to meet via teleconference. Requires the
committee to set up a system for the general public to gain access to legislative
information electronically.
TN HB 3025 (Signed 3/30/1998)
Creates the Tennessee Judicial Information System Advisory Committee
to oversee the development and modification of application software for
the Tennessee Judicial Information System. Establishes membership and duties.
TN SB 2372 (Signed 5/11/1998)
Creates a task force to study the purchasing procedures of municipal,
county and state governments, including the use of the Internet as a medium
for advertising for and receiving open bids.
UT HB 0274 (Signed 3/23/1998)
Amends the appointment procedure for the chief information officer
and amends the duties of the office. Requires the chief information officer
to prepare an information technology organization structure report, and
sets the salary for the office.
UT SB 0092 (Signed 3/16/1998)
Eliminates the position of executive director from the information
technology commission.
Criminal Laws (CRIM)
Covers new crimes and penalties dealing with technology, as well as
personal information about criminals (databases, victim notification systems,
registration, etc.) Also includes wiretapping, interception of e-mail and
Internet pornography.
AZ HB 2440 (Signed 5/29/1998)
Allows a registrant to bring a civil suit against anyone who uses or
distributes, without authorization, computer software that includes a trademark
registered in the state. Also makes such unauthorized use or distribution
a class 5 felony.
CA AB 1531 (Chaptered 7/20/1998)
Amends the Family Code to require that a court or its designee enter
information concerning a domestic violence protective order into the California
Law Enforcement Telecommunications System within one day of its issuance.
CA AB 2799 (Chaptered 9/18/1998)
Amends existing law that requires the Department of Justice to compile
a CD-ROM with information about everyone who is required to register as
a violent or sexual offender to require the Department to update the CD-ROM
on a monthly basis.
CA SB 0597 (Chaptered 9/21/1998)
Includes dissemination via the Internet of descriptions of unlawful
advertising practices.
CA SB 1796 (Signed 9/24/1998)
Clarifies that electronic communications are included in the actions
that can constitute the crimes of harassment and stalking.
CA SB 1989 (Chaptered 9/21/1998)
Requires lessors or sellers of real property to give notice to potential
lessees or buyers of the existence of the statewide database of registered
sex offenders.
DE HB 0543 (Signed 7/13/1998)
Requires the Office of Information Services to make specified information
about tier 3 sex offenders publicly available and searchable on the Internet,
and to update the information no less than every three months.
DE HB 0740 (Signed 7/17/198)
Makes it a crime for anyone to compile, enter, access, transmit, receive,
exchange, disseminate, store, make, print, reproduce or otherwise possess
child pornography by means of a computer, or to possess any identifying
information, including e-mail address, of a child with the intent to solicit
that child for prohibited sexual acts.
FL HB 1151 (Became law without governor's signature 5/28/1998)
Requires the Department of Law Enforcement to develop and maintain
an information system to support the state's criminal and juvenile justice
system. Requires that the system be able to share information with other
local, state and federal agencies, and be accessible by each judicial circuit
in the state.
FL SB 0486 (Became law without governor's signature 5/22/1998)
Allows the Department of Law Enforcement, in operation of the criminal
and juvenile justice information system, to contract with other agencies
or private entities to provide services, and requires that such contracts
specify that the outside entity is performing the duties of the department
so as not to compromise the confidentiality of the information.
MD HB 0140 (Signed 5/21/1998)
Makes it a misdemeanor to use electronic mail to send lewd or obscene
material or with the intent to harass, punishable by a $500 fine or one
year in jail, or both.
MD HB 0925 (Signed 5/12/1998)
Expands the law prohibiting unauthorized access to computers to include
those who exceed their authorization, and lengthens the statute of limitations
to three years.
MD SB 0222 (Vetoed 5/21/1998)
Same as MD HB 0140
MI HB 5398 (Signed 7/28/1998)
Allows the legislature to access data and databases of the Department
of Corrections with certain exceptions.
NH HB 1509 (Signed 6/26/1998)
Adds to the information the Department of Safety is required to maintain
in its database.
NH HB 1561 (Signed 6/26/1998)
Makes it a felony to use a computer to collect or transact in child
pornography. Makes it a misdemeanor for an on-line service to knowingly
allow its service to be used in violation of this law and authorizes interception
of electronic communications in the investigation of these crimes.
NJ AB 1332 (signed 11/9/98)
Clarifies that depiction and dissemination of images or simulations
on the Internet of child pornography constitutes crime; establishes enhanced
penalties.
NM SB 0127 (Signed 3/9/1998)
Makes it a misdemeanor to disseminate material that is harmful to a
minor by use of a computer. Creates certain defenses and exceptions.
OH SB 0140 (Signed 2/19/1998)
Requires the Bureau of Criminal Identification and Investigation to
maintain a relatives of missing persons database to compare with the unidentified
person database. Provides that relatives of a missing person may submit
a DNA sample for inclusion in the database to aid in data matching. Also
requires county coroners to collect a DNA specimen from any unidentified
corpses for inclusion in the unidentified person database.
TN SB 3172 (Signed 5/19/1998)
Requires courts to forward certain information to be included in the
expunged criminal offender and pretrial diversion database and establishes
fees.
VA HB 0275 (Signed 5/19/1998)
Amends the definition of and penalty for the crime of computer trespass.
VA HB 0391 (Signed 4/15/1998)
Requires information about protective orders to be entered into the
Virginia Criminal Information Network System, and allows courts to transfer
the information electronically where possible.
VA HB 0651 (Signed 4/16/1998)
Makes it a class 6 felony to send an electronic message containing
a threat to kill or do bodily injury to a person or their family and provides
a penalty.
VA SB 0185 (Signed 4/8/1998)
Allows records in a juvenile casefile to be transmitted electronically
to the Department of Juvenile Justice.
WA HB 1781 (Signed 3/30/1998)
Creates a supervision management and recidivist tracking system to
improve communication among law enforcement authorities about supervision
of criminal offenders.
WA HB 1829 (Signed 3/25/1998)
Requires retailers to collect certain personal information from anyone
who trades in or exchanges a computer for one of greater value. Provides
that information collected is open to inspection only by law enforcement
officers. Provides penalties for the removal of a serial number or other
identifier from a computer.
WA HB 2752 (Signed 3/25/1998)
Makes it illegal to send a commercial e-mail message that misrepresents
the point of origin of the message or contains false or misleading information
in the subject line. Awards recipients actual damages or $500 for individuals
or $1000 for Internet Service Providers, whichever is greater for each
violation. Creates the Select Task Force on Commercial Electronic Mail
and assigns duties and members.
Electronic Commerce/Transactions
(ECOM)
Covers digital signatures, electronic notaries, encryption, procurement,
security, electronic payment systems, banking and finance legislation (limited),
electronic funds transfers, and other types of electronic transactions.
AK SB 0232 (Signed 6/3/1998)
Exempts records that might lead to the compromise of a digital signature
from the state's open records law. Allows any person or entity to accept
or agree to be bound by an electronic signature, and gives legal effect
to such signatures. Provides that a state agency may not act as a certification
authority unless another state entity is a party to the transaction. Also
allows for the electronic retention of public records.
AZ HB 2518 (Signed 5/28/1998)
Charges the secretary of statewith establishing policies and procedures
for the use of digital signatures by state agencies, as well as approving
digital signatures for use. Provides criteria for valid digital signatures,
and gives definitions. Excludes records that may invalidate a digital signature
from the open records law.
CA SB 2230 (Chaptered 8/31/1998)
Provides that the penalties for failure to correctly pay taxes when
required to pay by electronic funds transfer are exclusive and are limited
to a maximum of 10 percent of the total tax liability.
CO HB 1250 (Signed 4/17/1998)
Allows the executive director of the Department of Revenue to require
taxpayers that are required to remit federal income tax by electronic funds
transfer to also remit state income taxes by electronic funds transfer.
CT HB 5045 (Signed 4/24/1998)
Allows the comptroller to delegate authority to budgeted agencies to
certify and transmit electronic purchase orders.
CT HB 5694 (Signed 5/27/1998)
Amends the corporate law to allow for general use of electronic signatures
and electronic document delivery, particularly in giving statutorily required
notice and appointment of proxies.
CT SB 0230 (Signed 6/4/1998)
Provides for regulation of electronic payment instruments, defined
as a card or other object capable of storing information, being prefunded
and debited on each use.
DE HB 0605 (Signed 6/25/1998)
Imposes a penalty of the lesser of 5 percent or $500 on an employer
that is required to deposit taxes by electronic funds transfer and that
fails to do so without good cause.
FL HB 1125 (Signed 5/27/1998)
Makes technical amendments to provisions of the notary public law dealing
with electronic notarization and requires notaries who use electronic notarization
to keep a log of such transactions for five years.
GA SB 0433 (Signed 3/27/1998)
Amends the Georgia Electronic Records and Signatures Act to provide
that an electronically signed document otherwise required to be notarized
may be notarized with an electronic signature. Also adds a new definition
and maintains state sovereign immunity in relation to electronic signatures.
Requires the Georgia Information Technology Policy Council to investigate
and recommend a public key infrastructure policy.
HI HB 2761 (Chaptered 6/5/1998)
Requires all state employees hired after July 1, 1998, to designate
a financial institution to which the comptroller may deposit their pay
by electronic funds transfer.
ID SB 1496 (Signed 3/24/1998)
Creates the Idaho Electronic Signature and Filing Act, which validates
the use of electronic signatures in communications with state and local
agencies. Requires agencies to adopt rules or policies concerning use and
acceptance of digital signatures in accordance with standards established
by the information technology resource management council.
IL HB 3180 (Signed 8/14/1998)
Allows electronic documents to satisfy the requirement that information
be "in writing" with certain exceptions. Also recognizes electronic signatures
and allows for the electronic retention of documents with certain guidelines.
Establishes guidelines relating to the security of electronic documents
and signatures, and gives the secretary of stateexclusive authority to
certify security procedures. Criminalizes the unauthorized use or disclosure
of a digital signature device. Regulates certification authorities, and
requires the Department of Central Management Services to adopt state security
standards for electronic documents.
IN HB 1212 (Signed 3/13/1998)
Prohibits ordering and selling of alcoholic beverages over a computer
network.
IA HB 2468 (Signed 4/9/1998)
Allows the Department of Human Services to establish an electronic
benefits transfer program utilizing electronic funds transfer systems.
IA SB 2320 (Vetoed 5/20/1998)
Prevents loaning money by credit card or other electronic means for
the purpose of gambling.
KS SB 0198 (Signed 4/7/1998)
Allows for electronic transmission of prescription orders.
KY HB 0328 (Signed 4/3/1998)
Imposes a penalty of 0.5 percent for failure to pay taxes and fees
by electronic funds transfer when required to do so.
KY HB 0427 (Signed 3/25/1998)
Allows for electronic authorization from the secretary of the Finance
and Administration Cabinet for the treasurer to pay on a warrant.
KY HB 0470 (Signed 3/25/1998)
Allows an electronic document to satisfy the requirements of a writing.
Allows for notice of bidding to be posted on the Internet and allows electronic
bidding.
KY HB 0708 (Signed 4/7/1998)
Gives legal effect to electronic documents and signatures, except for
wills, deeds and negotiable instruments, so long as all parties to the
transaction voluntarily agree.
MD HB 0523 (Signed 5/12/1998)
Creates the Digital Signature Pilot Program which allows the use of
digital signatures on communications within or between agencies or governmental
entities. Requires the secretary of stateand the state archives to adopt
standards for digital signatures.
MI HB 4942 (Signed 7/16/1998)
Requires taxpayers who have a total tax liability of $720,000 or more
to remit tax payments by electronic funds transfer.
MI HB 5313 (Signed 7/16/1998)
Requires taxpayers who have a total tax liability of $720,000 or more
to remit tax payments by electronic funds transfer.
MN HB 2500 (Signed 3/18/1998)
Limits customer liability for loss or theft of a debit card to the
first $50 charged before the loss was reported to the financial institution.
MN SB 2068 (Signed 3/23/1998)
Amends the digital signatures law to include requirements for suitable
guarantees, redefine the secretary of stateas a permanent certification
authority, and provide for summary five-day suspension of a certification
authority's license. Makes other technical amendments.
MN SB 2911 (Signed 3/23/1998)
Allows compensation and other expenditures paid by an organization
in connection with lawful gambling to be made by electronic funds transfer.
MO SB 0680 (Signed 7/10/1998)
Allows notice of shareholders' meetings to be sent through electronic
mail. Also enacts comprehensive digital signature legislation regulating
licensed certification authorities. Allows the secretary of stateto accept
or transmit documents electronically, accept credit or debit cards for
payment of taxes and fees and to recognize electronic signatures and electronic
notaries.
NH HB 0290 (Signed 4/22/1998)
Gives legal effect to digital signatures.
NY SB 5029 (Signed 8/5/1998)
Allows consumers to stop payment on preauthorized electronic funds
transfers from a consumer account.
NY SB 5488 (Signed 7/7/1998)
Authorizes the collection of fees through the use of value transfer
devices, defined as a credit card, debit card, charge card, electronic
fund transfer or other electronic value transfer mechanism. Appoints an
administrator to oversee the program.
NC HB 1356 (Signed 8/31/1998)
Recognizes the validity of electronic signatures used in transactions
with public agencies and charges the secretary of state with licensing
certification authorities and enforcing the provisions of the act.
OH HB 0243 (Signed 2/19/1998)
Provides that entries into health care records may be authenticated
by the use of a handwritten or electronic signature, as defined. Requires
the Department of Health to administer the program and certify a health
care entity's system for electronically signing records.
OK HB 3287 (Signed 5/28/1998)
Establishes a pilot program for the use of electronic commerce, including
the use of digital signatures in state government, coordinated by the Office
of State Finance. Creates the Electronic Commerce Pilot Program Steering
Committee to oversee the pilot program. Adds to the membership and extends
the duration of the Task Force on Electronic Signature Technology. Provides
for the legal effect and admissibility of electronic documents and signatures,
with exceptions. Allows for retention of records in electronic format.
RI SB 2193 (Signed 7/2/1998)
Requires all members of the state and municipal employees retirement
system to participate in an electronic funds transfer program.
SC SB 0992 (Signed 6/9/1998)
Sets up an electronic payment system for turnpike tolls and restricts
access and use of photographs and other data taken in connection with toll
violations.
SC SB 1167 (Signed 5/26/1998)
Enacts the South Carolina Electronic Commerce Act to provide for the
legal status of electronic records and electronic signatures and to authorize
the Budget and Control Board and the secretary of state to adopt regulations
concerning electronic commerce.
SC SB 1186 (Signed 5/26/1998)
Requires notice and written consent for the issuance or transfer of
electronic warehouse receipts. Provides penalties for violation.
UT SB 0107 (Signed 3/11/1998)
Allows for an electronic notary acknowledgement of an electronically
signed document if the document was electronically signed and verified
in the presence of the notary and contains specified information about
the notary.
VA SB 0153 (Signed 3/13/1998)
Amends the digital signatures law to address electronic signatures
and government entities' use of electronic signatures.
WA HB 2692 (Signed 3/20/1998)
Amends current laws regulating food stamps to include food stamp benefits
that are transferred electronically.
WV HB 4055 (Signed 2/27/1998)
Allows the treasurer of a county board of education, a county commission
or a municipality to disburse funds through electronic funds transfer.
WV HB 4293 (Signed 4/1/1998)
Gives legal effect to electronic signatures. Requires the secretary
of state to adopt rules for the use of electronic signatures among state
agencies and makes the secretary a certification authority. Provides for
the admissibility of electronically signed documents in court.
WI AB 0811 (Signed 6/30/1998)
Gives legal effect to electronic signatures and electronic notaries.
Creates the commission on the use of electronic signatures, consisting
of members appointed by the governor, and assigns duties.
Electronic Information (EINF)
Covers digitizing public records and retention requirements, making public
records and government, legislative and campaign information available
electronically, and laws dealing with personal information privacy. Also
covers fees charged for records and electronic records in general (including
most databases other than criminal).
AL HB 0804 (Signed 5/6/1998)
Requires the judge of probate of Mobile County to collect an extra
$2 recording fee on all documents filed with the court to be used to implement
a computerized recording and storage system. Authorizes the judge of probate
to retain records in digital format, and to adopt a policy regarding sale
of or access to such computerized information.
AL HB 0922 (Signed 5/1/1998)
Allows the judge of probate and revenue commissioner of Pickens County
to collect a special $2 transaction fee for copies of computer generated
documents or digitally retained records in order to fund construction of
a new county jail.
AZ SB 1132 (Signed 5/29/1998)
Requires the Support Payment Clearinghouse to provide the clerk of
the superior court with electronic access to all records of payments at
no charge. Requires the clerk to update the information and provide it
to litigants and the court as necessary.
AZ SB 1151 (Signed 5/26/1998)
Makes an appropriation to the Department of Library, Archives and Public
Records to be used in part for increased legislative electronic information
resources.
AZ SB 1166 (Signed 5/20/1998)
Allows a peace officer to obtain a court order to restrict access to
his or her personal information contained in records made available on
the Internet
CA AB 1709 (Chaptered 8/13/1998)
Requires the Department of Consumer Affairs to create a consumer guide
for funeral and cemetery purchases and make it available in both printed
format and through the internet.
CA SB 0117 (Chaptered 9/18//1998)
Allows electronic documents to satisfy the requirement that assignments
for the purpose of repossession must be in writing. Also allows the required
notice to law enforcement of a repossession sale to be sent electronically.
CA SB 1047 (Vetoed 9/12/1998)
Amends the public resources code to require any proposed changes to
the guidelines, guidelines proposed for adoption, the full text of provisions
of the act, and the full text of specified existing guidelines, to be made
available on the Internet.
CA SB 1764 (Chaptered 9/14/1998)
Requires the secretary of state to disseminate the complete state ballot
pamphlet over the Internet.
CA SB 1948 (Chaptered 9/18/1998)
Requires the insurance commissioner to prepare a report detailing complaint
and enforcement information on individual insurers and make it available
by mail, through the department's website, and via e-mail.
HI HB 3466 (Signed 4/29/1998)
Allows state warrants that have been cashed to be destroyed after three
years, provided an electronic copy of the warrant is retained for 10 years.
IL HB 2864 (signed 8/7/1998)
Amends the Local Records Act to allow for retention of records in digitized
format upon approval of the local records commission.
IA SB 2325 (Signed 4/16/1998)
Allows the administrator of the Securities Bureau to maintain records
in an electronic format and requires that such records be made open to
public inspection.
KS SB 0100 (Signed 4/15/1998)
Allows for digital storage and retrieval of county, court and school
district records.
KY HB 0739 (Signed 4/13/1998)
Creates a statewide computerized lien information system to organize
and disseminate lien information filed with the secretary of state.
LA HB 0146 (Signed 5/1/1998)
Allows the departments of Public Safety and Corrections to destroy
the original source copy of an electronically stored public record provided
they maintain adequate back-ups of the electronic records.
ME HB 1511 (Signed 4/2/1998)
Establishes a state immunization information system and requires procedures
for confidentiality and opt-out.
ME HB 1525 (Signed 3/30/1998)
Provides that electronic records have legal effect and satisfy document
retention requirements, provided certain assurances of authenticity are
met.
ME SB 0785 (Signed 4/3/1998)
Creates the Information Resource of Maine (INFORME) to provide electronic
access to public information. Specifies who shall serve on the INFORME
board and assigns powers and duties. Specifies the duties and powers of
the INFORME network manager. Addresses funding and other issues related
to INFORME.
MD HB 0589 (Signed 5/21/1998)
Authorizes electronic recordation of certain records by the registers
of wills.
MD SB 0784 (Signed 5/21/1998)
Permits local health departments to electronically gain access to certified
or abridged birth certificates from the Department of Health and Mental
Hygiene and provide them to people who are authorized to receive them.
Also allows local health departments to charge a fee to cover the costs
of this service.
MI HB 4875 (Signed 12/18/1998)
Requires the Legislative Council to make the status of each introduced
bill or resolution available on the Internet as soon as is reasonably possible
after it becomes available.
MI HB 4886 (Signed 12/29/1998)
Requires the Legislative Council to make the legislative calendar,
committee and subcommittee meetings and agendas, and a listing of all legislative
committees available on the Internet as soon as is reasonably possible
after they become available.
MI HB 4895 (Signed 12/29/1998)
Requires the Legislative Council to make each fiscal bill analysis
prepared by the House fiscal agency available on the Internet as soon as
is reasonably possible after it becomes available.
MI SB 0613 (Signed 7/7/1998)
Requires the secretary of state to maintain computer records of certain
motor vehicle registration information.
MI SB 0792 (Signed 3/3/1998)
Requires the secretary of state to provide a commercial look-up service
for motor vehicle records, and allows the secretary to charge a fee for
each record provided. Specifies that the secretary may not provide the
entire computerized file to a non-governmental person or entity unless
the fee is paid for each record contained in the file.
MI SB 1086 (Signed 12/18/1998)
Requires the Legislative Council to make the text of the House and
Senate journals available on the Internet as soon as is reasonably possible
after it becomes available.
MI SB 1087 (Signed 12/18/1998)
Requires the Legislative Council to make each bill analysis available
on the Internet as soon as is reasonably possible after it becomes available.
MI SB 1088 (Signed 12/18/1998)
Requires the Legislative Council to make each fiscal bill analysis
prepared by the Senate fiscal agency available on the Internet as soon
as is reasonably possible after it becomes available.
MO SB 0652 (Signed 5/6/1998)
Allows the assessor's book or tax book to be prepared in an electronic
format.
NE LB 0033 (Signed 3/3/1998)
Requires the register of deeds to maintain a security backup of data
and software in an electronic format for any computerized land record index.
NH HB 1456 (Signed 6/22/1998)
Requires that a copy of the budget be made available in at least one
commonly used electronic file format.
NM HB 0274 (Vetoed 3/11/1998)
Requires the establishment of standards for health care data and electronic
data exchange.
NY AB 1829 (Signed 7/14/1998)
Provides that an electronic transmission of a sworn statement may be
used before a grand jury.
NY SB 7811 (Signed 7/29/1998)
Amends the motor vehicle insurance law to provide for a "computer indicator"
system rather than a "bar-code" system. Amends other provisions relating
to the motor vehicle insurance database.
SD SB 0092 (Signed 3/13/1998)
Limits the information that may be included on a bar code or other
information storage device included on a driver's license.
TN SB 2197 (Signed 5/21/1998)
Requires state departments to post notice of applications for new federal
funds or federal grants and subsequent material changes to such applications
or grants on the Internet.
UT HB 0181 (Signed 3/14/1998)
Encourages public bodies to use electronic means to give public notice
of meetings in addition to other methods.
UT SB 0006 (Signed 3/2/1998)
Amends the purpose of the Uninsured Motorist Identification Database.
UT SB 0008 (Signed 3/2/1998)
Extends the repeal date of the Uninsured Motorist Identification Database
Program.
UT SB 0168 (Signed 3/14/1998)
Permits substantiated findings of child abuse and neglect to be put
into a database to screen potential human services, health, and child care
providers, and provides for notice and an opportunity to challenge a finding
of substantiation.
VA HB 0580 (Signed 4/14/1998)
Requires the state board of elections to make lists of candidates and
information on referenda available on the Internet.
VA HB 0588 (Signed 4/12/1998)
Requires candidates to file reports electronically, to be made available
in a database accessible through the Internet.
VA HB 0632 (Signed 4/16/1998)
Requires the Virginia Information Providers Network Authority to ensure
that access to information on the network is restricted to those who are
legally entitled to such access, and prohibits aggregating data to build
comprehensive individual profiles of citizens.
VA HB 0703 (Signed 4/22/1998)
Requires the Virginia Information Providers Network Authority to establish
and maintain an Internet resource site for the exchange of information
about job and internship opportunities.
VA HB 0790 (Signed 4/2/1998)
Allows the commissioners of the revenue and treasurers to provide Internet
access to non-confidential public records in their custody.
VA HB 0792 (Signed 4/16/1998)
Amends the law to permit, rather than require, court clerks to charge
a fee for providing electronic access to court records.
VA SB 0313 (Signed 3/11/1998)
Allows consumer finance companies to keep their books and records electronically,
provided they can be printed for easy inspection.
WA HB 2402 (Signed 3/30/1998)
Allows county clerks to keep records in electronic format, provided
certain conditions are met.
WA SB 6535 (Signed 3/27/1998)
Requires county clerks to electronically transmit disposition information
when a secure system is available.
WV HB 4688 (Signed 4/1/1998)
Allows the secretary of state to retain records in electronic format
and destroy the originals, provided certain conditions are met.
WI AB 0709 (Signed 4/28/1998)
Makes it illegal to make uncertified copies of vital records available
electronically, with certain exceptions.
Government Use of Technology (GOV)
Covers legislation directing or permitting government to use technology
as a better way of doing things. Includes use of e-mail; upgrading computer
systems; electronic applications, filings, complaints or requests; electronic
licensing; electronic voting; teleconferencing; and technology replacement.
Generally deals with agencies or departments and private groups that deal
with the state.
AZ HB 2386 (Vetoed 5/29/1998)
Authorizes the request and distribution of early voting ballots by
telefaximile.
CA AB 0521 (Chaptered 8/4/1998)
Requires the Board of Governors of the California Community Colleges
to adopt regulations allowing community colleges to accept electronic applications,
and, once digital signature standards are adopted by the secretary of state,
electronic residency verification forms.
CA SB 2044(Chaptered 9/25/1998)
Allows security guard applicants to electronically submit their fingerprints
to the Department of Justice for a criminal background check.
CT SB 0266 (Signed 4/24/1998)
Allows for filing of documents with the Superior Court by computer
or facsimile transmission or other technologies, and allows judges to prescribe
alternate means of signing or verifying such documents.
CT SB 0405 (Signed 5/22/1998)
Requires the insurance commissioner to establish a program to use electronic
document filing between insurers and the Insurance Department.
FL HB 3239 (Became law without governor's signature 5/24/1998)
Permits the Department of Banking and Finance to adopt procedures for
depositing fees and filing documents electronically in connection with
securities registration and regulation.
FL HB 4413 (Became law without governor's signature 5/30/1998)
Requires banks and financial institutions that file annual intangible
tax returns for their customers to file using machine sensible media. Also
requires the Department of Revenue to prescribe the format and instructions
for filing tax returns through electronic data interchange.
GA HB 1268 (Signed 4/20/1998)
Allows for the use of optical scanning voting systems or direct electronic
recording voting systems that meet specified requirements for operation
and are approved by the secretary of state. Provides regulations for the
care and use of such equipment.
IL HB 0644 (Signed 8/14/1998)
Requires the state Board of Elections to test electronic ballot forms
using direct recording electronic voting systems and report its findings
to the General Assembly.
IL HB 0672 (Signed 8/12/1998)
Requires the electronic filing of expenditure and contribution reports
with the Board of Elections for political parties within specified financial
guidelines. Also requires the board to provide necessary software and assistance
to political parties that are required to file electronically, and make
the filings available over the Internet.
IA SB 0187 (Signed 5/19/1998)
Allows for the issuance of fish and game licenses by electronic means.
KY HB 0311 (Signed 3/26/1998)
Requires the Department of Vehicle Regulation to provide for the production
of a certificate of title by electronic means.
LA HB 0177 (Signed 5/7/1998)
Authorizes the Department of Wildlife and Fisheries to issue hunting
and fishing licenses electronically, and to contract for electronic license
issuance services.
LA SB 0034 (Signed 5/5/1998)
Requires statewide candidates who receive contributions in excess of
$50,000 to file their campaign finance reports electronically.
MD HB 0983 (Signed 5/12/1998)
Reestablishes the Telecommuting Pilot Program and requires the secretary
of budget and management to adopt policies and administer the program.
MD SB 0072 (Signed 5/12/1998)
Allows the State Administrative Board of Election Laws to exempt candidates
with de minimis financial activity from the campaign finance electronic
filing requirement, and to refuse other filings that do not comply with
the electronic filing requirement.
MD SB 0118 (Signed 5/21/1998)
Amends the elections law to allow for electronic voting machines and
the electronic filing of certain documents.
MS SB 2310 (Signed 3/23/1998)
Allows the state auditor to prescribe alternative procedures for county
tax collectors to provide receipts that are compatible with current technology.
MO SB 0844 (Signed 7/9/1998)
Allows the electronic filing of certain non-election documents in the
secretary of state's office.
NH HB 1520 (Signed 6/26/1998)
Allows state candidates to file their disclosure reports on computer
disk and requires that information from U.S. House and Senate candidates
be made available through a link to the Federal Election Commission.
NY SB 5976 (Signed 7/22/1998)
Permits the electronic appearance of a criminal defendant in Onondaga
county.
OK HJR 1106 (Signed 6/5/1998)
Removes the provision of the Ethics Committee rule requiring certain
committees to file reports in a specified electronic format.
SC SB 1069 (Signed 6/8/1998)
Establishes a pilot project to allow armed forces personnel and overseas
citizens to transmit their votes to the election authority over an electronic
medium using the Internet.
TN HB 2787 (Signed 5/18/1998)
Establishes an agent fee for the sale of licenses, permits and stamps
over the telephone or through other electronic means.
TN SB 2239 (Signed 3/25/1998)
Permits the commissioner of revenue to require taxpayers who are required
to electronically transfer any payment of $ 20,000 or more to the Department
of Revenue to also electronically file their tax return or other documents.
UT HB 0183 (Signed 3/1/1998)
Amends the Utah Quick Court Program to permit electronic filing through
the Internet and makes technical amendments.
UT HB 0342 (Signed 3/11/1998)
Allows certain counties to participate in an electronic voting pilot
project to allow military personnel to vote via the Internet.
UT SB 0014 (Signed 3/24/1998)
Limits the circumstances in which an employee can refuse to be paid
through electronic funds transfer.
VA HB 0794 (Signed 4/16/1998)
Allows a clerk of a circuit court to establish a system for electronic
filing of documents, including filing via the Internet. Requires the state
Supreme Court to adopt rules concerning such filings. Extends the sunset
date of the act from July 1, 1998, to July 1, 2004.
VA SB 0112 (Signed 3/10/1998)
Allows credit unions to file required reports electronically.
VA SB 0152 (Signed 4/16/1998)
Permits the electronic filing of information in executive branch agencies.
VA SB 0156 (Vetoed 5/23/1998)
Allows public bodies to conduct meetings through electronic communication
means. Provides for notice and definitions.
VA SB 0500 (Signed 4/22/1998)
Designates the form to be used for electronic ballots.
WA HB 1769 (Signed 3/30/1998)
Allows physicians to electronically communicate prescription information
to pharmacies using systems approved by the state Board of Health to ensure
the privacy of the information transmitted.
WV HB 2387 (Signed 3/27/1998)
Permits the recording of ballots on computer disk.
WV HB 4101 (Signed 2/27/1998)
Allows state banks to file quarterly reports with the commissioner
of banking by electronic transmission.
WV HB 4473 (Vetoed 4/1/1998)
Allows attendance at meetings of public bodies by teleconference, provided
certain conditions are met.
WV HB 4629 (Signed 3/25/1998)
Allows the tax commissioner to adopt rules requiring certain taxpayers
to remit payments by electronic funds transfer.
WI AB 0150 (Signed 4/30/1998)
Requires certain candidates to file campaign finance reports electronically.
Internet and Electronic Mail (NET)
Covers access charges, unsolicited e-mail (Spam), censorship, filtering,
usage policies, provision of access, gambling, and taxation of Internet
services.
AL HB 0160 (Signed 5/6/1998)
Clarifies that, for the purpose of state utilities taxation, the term
"computer exchange service" does not include the Internet or Internet access,
and Internet access is therefore not taxable.
CA AB 1614 (Chaptered 8/24/1998)
Creates a three-year moratorium prohibiting state and local governments
from imposing any discriminatory tax on Internet access, online computer
services, or the use of Internet access or any online computer services.
CA SB 1386 (Chaptered 9/11/1998)
Requires public libraries that receive state funds and provide Internet
access to the public to adopt a policy governing Internet access by minors.
Prohibits state or local agencies from posting the home address or telephone
number of any elected or appointed official on the Internet without the
written consent of that individual. Requires any state agency that electronically
collects personal information from a user to prominently display the following
notices: that information is being collected; what type of information
is being collected and how it will be used; that the user may request that
the collected information be discarded without use; that the agency will
not distribute or sell the collected information without the user's permission;
and the title, address, phone number, and e-mail address of the agency
collecting the information.
CO SB 0049 (Signed 5/18/1998)
Imposes a three-year moratorium during which neither the state nor
a local government may impose a tax on Internet access charges or collect
a sales or use tax on goods purchased through the Internet.
CO SB 0085 (Signed 5/18/1998)
Requires the Public Utilities Commission, after investigation and public
hearing, to establish Rural technology enterprise zones in need of infrastructure
development to ensure equal access to telecommunications and Internet services.
Provides for an income tax credit equal to 10 percent of any qualifying
capital investment in such a zone.
IN SB 0115 (Signed 3/11/1998)
Requires the boards of public libraries to adopt and annually review
governing the appropriate use of library computers to access the Internet.
KY SB 0230 (Signed 4/7/1998)
Requires the Kentucky Department of Education and local school districts
to adopt policies regarding student Internet access and to restrict the
accessibility of sexually explicit material through the use of filtering
software.
MO SB 0627 (Signed 7/10/1998)
Exempts access to the Internet or an interactive computer service from
the tax on telecommunications services.
NM HB 0345 (Signed 3/10/1998)
Allows gross receipts sales tax deductions for providing Internet access
services for resale to a final user, hosting World Wide Web sites, and
sales made through the World Wide Web to people outside the state.
TN SJR 712 (Signed 5/18/1998)
Urges the creation of a new top-level domain for all Internet web sites
that provide pornographic or adult-oriented materials ,at the federal level.
VA HB 0278 (Signed 4/14/1998)
Exempts Internet access providers and other electronic communications
services from the retail sales and use tax.
Year 2000 (Y2K)
Covers legislation concerning the year 2000 bug, including liability limitations
for government and the private sector, progress report requirements, funding,
tax incentives and contract requirements.
AL HJR 24 (Signed 2/3/1998)
Requests that the state Revenue Department study the potential reduction
in revenue if a business expense tax deduction were allowed for costs relating
to year 2000 conversion expenses.
CA AB 1345 (Vetoed 9/23/1998)
Allows public entities to request year 2000 information from current
or prior contractors, who must respond within 30 days. Prohibits public
disclosure of timely responses, and requires that a list be kept of contractors
that fail to respond in a timely manner. Provides penalties.
CA ACR 186 (Chaptered 9/16/1998)
Addresses the accumulation and carryover of vacation credits for state
employees who are working to fix the year 2000 problem in state systems
to ensure their continued availability until the work is completed.
CA AJR 72 (Chaptered 8/20/1998)
Memorializes Congress to give the year 2000 problem highest priority
and provide resources accordingly.
CA SB 1173 (Chaptered 9/25/1998)
Provides immunity from tort liability for anyone who shares information
about the year 2000 problem in good faith. Excludes vendors who offer year
2000 solutions for profit and those who disseminate false or misleading
information, knowing it to be false. Does not bar any remedy other than
damages.
CT HB 5715 (Signed 4/7/1998)
Appropriates $50,000,000 to the Department of Information Technology
to fund year 2000 conversion projects by state agencies.
FL HB 3619 (Became law without governor's signature 5/30/1998)
Provides immunity for state agencies (including schools and universities)
and local governments from liability for year 2000 related computer failure.
Also prohibits agencies from beginning new information technology projects
unless the agency's year 2000 compliance plan is on or ahead of schedule.
Gives the governor authority to address a failure or projected failure
of an agency to be year 2000 compliant by reassigning resources among agencies.
GA HB 1166 (Signed 2/16/1998)
Appropriates $152,176,753 to the Office of the Governor to transfer
to various units to fix the year 2000 problem. Requires the approval of
the Office of Planning and Budget before any transfers are made.
GA SB 638 (Signed 4/10/98)
Exempts political subdivisions of the state from liability for year
2000 related computer failures if the failure was unforeseeable or if the
failure was foreseeable but the plan for identification and prevention
of the failure was in substantial compliance with generally accepted standards.
HI SB 3043 (Signed 7/17/1998)
Prohibits bringing any action against the state, its political subdivisions,
a board, or a government employee resulting from a year 2000 related computer
error. States that this law prevents the state or its political subdivisions
from taking remedial measures once a failure is verified. Specifically
exempts anyone who tampers with a government computer to prevent its year
2000 compliance or anyone who erroneously receives an undeserved benefit
as a result of a computer failure from these protections.
IL HB 3294 (Vetoed 8/14/98)
Creates the Year 2000 Technology Task Force, comprised of the directors
of various state agencies, as well as the governor, attorney general, chief
justice, members of the House and Senate, and others. Charges the task
force with assessing the state's current year 2000 compliance, prioritize
corrective measures, preparing a timetable, and assessing the fiscal effects
of these measures, with a report to be filed by November 30.
IL SB 1674 (Signed 7/30/1998)
Contains the same language as IL HB 3294, adding two unrelated sections.
Amends the Legislative Information System Act to require that specified
information be made publicly available over the Internet, including the
weekly schedule of floor sessions, a list of legislative committees and
their members, the text of all versions of pending bills, the rules of
the House and Senate, the text of public acts, the Illinois Compiled Statutes,
the U.S. and Illinois Constitutions, and other information. Also allows
for the electronic designation of shareholder proxies.
ME SB 734 (Signed 4/14/1998)
Requires the director of the Bureau of Information Services to submit
quarterly status reports describing the progress of year 2000 compliance
efforts. Appropriates $150,000 from the general fund to partially fund
these projects.
NH SB 464 (Signed 6/25/1998)
Places responsibility for year 2000 compliance on each agency of the
state individually, and requires the commissioner of administrative services
to make quarterly noncompliance reports that include cost estimates.
NY SB 7556 (Signed 7/7/1998)
Permits former state officers or employees to contract with state agencies
if their services are required to address the agency's year 2000 compliance
problem.
NC SB 1193 (Signed 6/16/1998)
Makes emergency appropriations at the request of the governor to the
Year 2000 Reserve Fund in the following amounts: $ 20,506,367 from the
General Fund, $ 6,840,630 from the Department of Transportation, and $
14 million from State Information Processing System receipts. Requires
the Department of Commerce to make quarterly reports regarding the status
of year 2000 conversion efforts.
UT SB 0001 (Signed 3/24/1998)
Appropriates $4,953,600 to fund the state's year 2000 programming efforts.
VA HB 276 (Signed 4/7/1998)
Requires public bodies to solicit responsible bidders or offerors to
provide year 2000 remediation.
VA HB 277 (Signed 4/22/1998)
Amends the Virginia Tort Claims Act to exempt the state or its agencies
from year 2000 related computer failures.
Miscellaneous (MISC)
Covers miscellaneous laws that doesn't fit elsewhere, including those that
relate to taxes and tax breaks, telemedicine, telecommuting and procedural
issues. Also includes non-governmental uses of technology.
CA SB 1533 (Chaptered 7/21/1998)
Amends the elections code to specify, in part, that Internet website
addresses count as one word.
CO HB 1082 (Signed 3/23/1998)
Allows county departments of social services to charge a fee to cover
the cost of replacing an electronic benefits transfer card.
CT HB 5398 (Signed 6/4/1998)
Requires written notice to employees if they are subject to electronic
monitoring by their employer, and provides exceptions for bona-fide quality
control programs and investigation of unlawful activity.
CT SB 0231 (Signed 5/19/1998)
Requires Connecticut banks that use outside data processing services
to enter into written contracts with such data processing companies to
allow the banking commissioner to inspect the books and records of the
company in order to determine whether the company can protect the bank's
customer information and provide continuing service to the bank. Allows
for the costs of the investigation to be distributed among all Connecticut
banks that uses the company.
FL HB 3261 (Became law without governor's signature 4/29/1998)
Repeals a provision relating to the repeal of the state employee telecommuting
program.
HI HB 2852 (Signed 7/20/1998)
Recognizes telehealth as a reimbursable service under common health
care insurance or payment plans.
IN HB 1152 (Signed 3/6/1998)
Allows for electronic or facsimile authorization of a shareholder proxy.
LA HB 0097 (Signed 6/24/1998)
Includes computer software in the definition of tangible personal property
for sales and use taxes.
MD HB 0185 (Vetoed 5/21/1998)
Requires the Information Technology Board and the chief of information
technology to adopt a standard clause providing for non-visually accessible
equipment to be included in all future information technology purchases.
MA HB 1875 (Signed 7/3/1998)
Allows the board of directors of a corporation to meet by teleconference,
and to submit required written authorizations electronically.
MS HB 1392 (Signed 3/31/1998)
Allows express disclaimer or modification of warranties of merchantability
and fitness for a particular purpose for computer hardware and software
sold between merchants.
MS SB 2259 (Signed 3/16/1998)
Authorizes the state Board of Health to collect data and promulgate
rules and regulations regarding telemedicine.
NH SB 0483 (Signed 6/26/1998)
Exempts certain businesses from the electronic filing requirements
of the meals and rooms tax.
NY SB 3504 (Signed 7/7/1998)
Provides that an otherwise privileged communication does not lose the
privilege solely because it is electronically transmitted.
NY SB 7465 (Signed 7/29/1998)
Allows notice or waiver of notice of shareholder meetings to be sent
electronically.
OK HB 2868 (Signed 6/10/1998)
Creates the Telemedicine Advisory Council and assigns members, powers
and duties. Transfers administration of the Oklahoma Health Care Information
System Act to the Department of Health and makes other amendments.
SD HB 1155 (Signed 2/20/1998)
Exempts certain purchases and leases of communications and computer
technologies and equipment from bidding requirements.
TN HB 2991 (Signed 4/16/1998)
Exempts computer software used in the treatment of diagnosed learning
disabilities from the sales and use tax.
VA HB 1009 (Signed 4/15/1998)
Establishes performance-based specifications for the procurement of
computer equipment by the Division of Purchases and Supply.
WA SB 6470 (Line-Item Vetoed 4/3/1998)
Includes the sale of canned software in the application of the sales
tax, and includes the development of custom software as a separately taxable
service.
Updated 2-23-98
 Information
Policy, Technology, & Communications
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