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Digital Signatures
2008 Pending Legislation
Updated July 10, 2008
Compiled by Ryan Hutton for NCSL.
Arizona
AZ H.B. 2169
Sponsor: Rep. Bob Robson
Status: May 12, 2008; Signed by governor, Chap. 177
Orders the creation of a program to permit the use of electronic or digital signatures in connection with franchised motor vehicle dealers.
Delaware
DE H.B. 174
Sponsors: Rep. Donna D. Stone, Rep. Robert F. Gilligan, Rep. Deborah Hudson, Rep. Vincent A. Lofink, Rep. Pamela S. Maier, Rep. Terry R. Spence, Rep. Robert J. Valihura, Sen. David B. McBride, Sen. David P. Sokola
Status: June 26, 2008; Signed by governor
Provides that to send, communicate, or transmit a record by registered or certified mail the electronic record is addressed properly to an information processing system; provides that it is postmarked with a postal service's electronic postmark; provided that it is authenticated by an electronic postmark certificate; provides that the U.S. Postal Service through Authentidate, Inc. verifies the content and the validity of the electronic signatures and records.
Georgia
GA S.B. 358
Sponsor: Sen. William Hamrick
Status: May 12,2008; Signed by governor, Act 528
Relates to securities, by repealing and enacting a new Chapter 5 of Title 10 to be known as the Georgia Uniform Securities Act of 2008; provides for a short title; provides for definitions; provides for electronic records and signatures; provides for exemptions from registration of securities; provides for registration of securities and notice of filing of federal covered securities; provides for denial, suspension, or revocation.
Hawaii
HI H.B. 2302
Sponsors: Rep. Kirk Caldwell, Rep. Sharon E. Har, Rep. Robert N. Herkes, Rep. Joseph M. Souki
Status: March 20, 2008; To Senate Committee on Ways and Means.
Permits the registrar of the bureau of conveyances to accept electronic documents with electronic signatures for recording; Requires the judiciary to study what effect electronic recording may have on the adjudication of land court applications, determine permissible uses for electronic recording, and report its findings to the legislature prior to 2009 regular session; relates to uniform real property electronic recording act.
HI H.B. 3172
Sponsor: Rep. Calvin K.Y. Say
Status: February 15, 2008; To House Committee on Finance.
Authorizes the Registrar and Assistant Registrar of the Bureau of Conveyance to accept electronic signatures and electronically filed documents in lieu of an original document with original signatures; relates to electronic filing.
Louisiana
LA S.B. 140
Sponsor: Sen. Daniel Martiny
Status: June 12, 2008; Signed by governor, Act 175
Provides for the electronic signature of a police officer on citations that are electronically generated and transmitted.
LA S.B. 340
Sponsor: Sen. Francis Thompson
Status: May 5, 2008; To House Committee on Civil Law and Procedure.
Provides for the use of electronic signature authentication and identification with respect to individually identifiable health information.
Maryland
MD H.B. 510
Sponsors: Del. Shane E. Pendergrass, Del. Steven J. DeBoy, Sr., Del. Peter A. Hammen, Del. Mary Ann Love, Del. Dan K. Morhaim
Status: April 8,2008; Signed by governor, Chap. 79
Establishes, for purposes of the Health Care Decisions Act, that an electronic signature shall have the same effect as a manual signature, if the electronic signature meets specified requirements; authorizes a competent individual to make an electronic advance directive; authorizes an advance directive to be revoked electronically; defines the terms electronic signature and signed.
MD S.B. 191
Sponsor: Sen. Joan Carter Conway, Chair of Educational, Health and Environmental Affairs Committee
Status: April 8, 2008; Signed by governor, Chap. 24
Clarifying that, for purposes of specified financial disclosure statements and reports filed electronically with the State Ethics Commission, certain oaths and affirmations must be made by electronic signature that subjects the individual making the electronic signature to the penalties of perjury.
Minnesota
MN H.B. 2375; MN S.B. 1330
Sponsors: Rep. Neil W. Peterson; Sen. Geoff Michel
Status: March 27, 2007; To House Committee on Commerce and Labor; February 28, 2007; To Senate Committee on Commerce and Consumer Protection.
Requires the use of electronic records and signatures in certain situations related to insurance.
Missouri
MO S.B. 1008
Sponsor: Sen. John Loudon
Status: May 14,2008; Passed House
Provides that the filings of records and signatures is authorized when carried out in a manner consistent with the Federal Electronic Signatures in Global and National Commerce Act.
Oklahoma
OK H.B. 2640
Sponsor: Rep. Ron Peters
Status: March 24, 2008; To Senate Committee on Judiciary.
Provides that an electronic signature is sufficient where the law requires a signature.
OK H.B. 2819
Sponsor: Rep. Daniel Sullivan
Status: May 16, 2008; Approved by Governor
Amends sections relating to the issuance of citations for misdemeanors and misdemeanor violations of city ordinances; provides that the definition of signature for the purpose of verification includes electronic signatures; revises the definition of signature to include electronic signatures.
Rhode Island
RI H.B. 7824; RI H.B. 7966; RI S.B. 2497
Sponsors: Rep. Nicholas A. Mattiello, Rep. Helio Melo, Rep. Frank Ferri, Rep. Deborah A. Fellela, Rep. Patricia A. Serpa; Rep. Raymond C. Church, Rep. Edwin R. Pacheco; Sen. Daniel P. Connors.
Status: February 26, 2008; To House Committee on Judiciary.
Allows the Division of Motor Vehicles when issuing a driver's license or a renewal of the license, or personal identification document, to use the same electronic signature in affording the opportunity to register to vote, or if previously registered, to change their address for voting purposes.
RI H.B. 7140
Sponsor: Peter F. Kilmartin
Status: May 13, 2008; Passed House.
Requires governmental agencies of the state to accept electronic records and signatures effective January 1, 2009.
South Dakota
SD S.B. 93
Sponsor: Rep. David Lust, Rep. Marc S. Feinstein, Sen. Dave Knudson, Sen. Scott N. Heidepriem
Status: March 17, 2008; Signed by Governor
Revises the Uniform Commercial Code; modifies, limits and supersedes the federal Electronic Signatures in Global and National Commerce Act.
Tennessee
TN S.B. 887; TN H.B. 364
Sponsors: Sen. Bill Ketron; Rep. Donna Rowland
Status: March 14, 2007; To Senate Committee on General Welfare, Health and Human Resources
Allows prescribers to electronically note that a brand name drug is to be issued to a patient rather than a generic and clarifies that electronic signatures may be used on electronic and facsimile prescription orders.
West Virginia
WV H.B. 4275
Sponsors: Del. Bonnie Brown, Del. Tim Miley, Del. Mike Burdiss, Del. Joe Talbott, Del. John Overington, Del. Kelli Sabonya
Status: February 18, 2008; To House Committee on Judiciary.
Authorizes the Secretary of State to promulgate a legislative rule relating to the Use of Digital Signatures, State Certificate Authority and the State Repository.
Information provided by State Net.Information provided by State Net.
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