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S1496......................................................by STATE AFFAIRS
ELECTRONIC SIGNATURE/FILING - Adds to existing law to enact the Idaho
Electronic Signature and Filing Act authorizing public agencies to accept
or use electronic signatures or accept or issue electronic communications.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to St Aff
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/04 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Diede, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS -- None
Absent and excused -- None
Floor Sponsors - Stennett, Bunderson
Title apvd - to House
03/05 House intro - 1st rdg - to St Aff
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black(23),
Bruneel, Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Geddes, Gould, Hadley,
Henbest, Hornbeck, Jaquet, Jones(9), Jones(22), Jones(20), Judd,
Kellogg, Kempton, Kendell, Kjellander, Kunz, Lake, Linford,
Loertscher, Mader, Marley, McKague, Meyer, Miller, Mortensen,
Newcomb, Pischner, Pomeroy, Reynolds, Richman, Robison, Sali,
Schaefer, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets,
Trail, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Bivens, Black(15), Boe, Gagner, Hansen,
Ridinger, Stubbs, Wood
Floor Sponsor - Crane
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/20 To Governor
03/24 Governor signed
Session Law Chapter 264
Effective: 07/01/98
S1496|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1496 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO ELECTRONIC SIGNATURE AND FILING ACT; AMENDING CHAPTER 3 23, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-2351, IDAHO 4 CODE, TO PROVIDE A SHORT TITLE; AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, 5 BY THE ADDITION OF A NEW SECTION 67-2352, IDAHO CODE, TO PROVIDE A DECLA- 6 RATION OF PURPOSE; AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY THE ADDI- 7 TION OF A NEW SECTION 67-2353, IDAHO CODE, TO PROVIDE DEFINITIONS; AMEND- 8 ING CHAPTER 23, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 9 67-2354, IDAHO CODE, TO AUTHORIZE AND PROVIDE REQUIREMENTS FOR ELECTRONIC 10 SIGNATURES; AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY THE ADDITION OF 11 A NEW SECTION 67-2355, IDAHO CODE, TO AUTHORIZE AND PROVIDE REQUIREMENTS 12 FOR ELECTRONIC COMMUNICATIONS FILED WITH OR ISSUED BY A PUBLIC AGENCY; 13 AMENDING CHAPTER 23, TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 14 TION 67-2356, IDAHO CODE, TO REQUIRE THE ADOPTION OF RULES OR POLICIES 15 BEFORE A PUBLIC AGENCY MAY ACCEPT OR USE ELECTRONIC SIGNATURES OR ACCEPT 16 OR ISSUE ELECTRONIC COMMUNICATIONS; AND AMENDING CHAPTER 23, TITLE 67, 17 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-2357, IDAHO CODE, TO PRO- 18 VIDE THAT THE ACT DOES NOT REQUIRE AGENCIES TO ACCEPT OR USE ELECTRONIC 19 SIGNATURES OR ACCEPT OR ISSUE ELECTRONIC COMMUNICATIONS. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Chapter 23, Title 67, Idaho Code, be, and the same is 22 hereby amended by the addition thereto of NEW SECTIONS , to be 23 known and designated as Sections 67-2351, 67-2352, 67-2353, 67-2354, 67-2355, 24 67-2356 and 67-2357, Idaho Code, and to read as follows: 25 67-2351. SHORT TITLE. This act, comprised of sections 67-2351, 67-2352, 26 67-2353, 67-2354, 67-2355, 67-2356 and 67-2357, Idaho Code, shall be known and 27 may be cited as the "Idaho Electronic Signature and Filing Act." 28 67-2352. DECLARATION OF PURPOSE. The legislature finds that advances in 29 information technology and telecommunications have increased the speed and 30 expanded the ease by which information can be processed and transferred. These 31 advances afford significant opportunities to state and local government to 32 deliver prompt and efficient services to Idaho citizens and businesses, and in 33 particular have made viable the electronic filing and issuing of documents by 34 and with state and local agencies. The legislature wishes to promote effective 35 on-line government by encouraging state and local government to conduct busi- 36 ness using electronic media. Authorizing the use and recognizing the validity 37 of electronic signatures and the electronic filing and issuing of documents by 38 and with government agencies will promote the delivery and use of on-line gov- 39 ernment. 40 67-2353. DEFINITIONS. As used in this act: 2 1 (1) "Communication" means any written filing, registration, recording, 2 certificate, notice, order, pleading, document or other written communication. 3 (2) "Electronic signature" means any computer or electronically generated 4 identifier that is intended by the person using it to have the same force and 5 effect as a manual signature. 6 (3) "Local agency" means a county, city, school district, municipal cor- 7 poration, district, public health district, political subdivision or any 8 agency thereof, or any committee of a local agency, or any combination 9 thereof. 10 (4) "Public agency" means any state or local agency as defined in this 11 section. 12 (5) "State agency" means every state agency, officer, department, divi- 13 sion, bureau, commission and board or any committee of a state agency includ- 14 ing those in the legislative or judicial branch, except the military division. 15 67-2354. ELECTRONIC SIGNATURES -- AUTHORIZED -- REQUIREMENTS. In any com- 16 munication filed with or issued by any public agency, in which a signature is 17 required or used, any signing party may affix a signature by use of an elec- 18 tronic signature that complies with the requirements of this section. The use 19 of an electronic signature shall be permitted and have the full force and 20 effect of a manual signature only if the electronic signature satisfies the 21 following requirements: 22 (1) It is unique to the person using it; 23 (2) It is capable of verification; and 24 (3) It conforms to applicable rules, regulations, ordinances, resolu- 25 tions, guidelines or policies adopted, promulgated, passed or established by 26 the public agency pursuant to and in accordance with section 67-2356, Idaho 27 Code. 28 67-2355. ELECTRONIC COMMUNICATIONS -- PUBLIC AGENCIES -- SAME EFFECT AS 29 PAPER. Any communication filed with or issued by any public agency may be 30 filed or issued electronically and such communication shall be given the full 31 force and effect of a paper communication if: 32 (1) The electronic communication is in a format approved by the public 33 agency accepting or issuing it; 34 (2) If the communication is an electronic filing or recording, the public 35 agency receiving the communication agrees to accept such communication 36 electronically and such communication meets the applicable requirements of 37 section 9-328(1), Idaho Code, (state officers) or section 9-331A(1), Idaho 38 Code, (county officers), including, but not limited to, being secure during 39 transmittal; 40 (3) If a signature is required on the communication by any statute, rule 41 or regulation, or other applicable law, an electronic signature on the commu- 42 nication conforms to the requirements of this act; and 43 (4) The filing or issuing conforms to applicable rules, regulations, 44 ordinances, resolutions, guidelines or policies adopted, promulgated, passed 45 or established by the public agency pursuant to and in accordance with section 46 67-2356, Idaho Code. 47 67-2356. PUBLIC AGENCY RULES. Prior to accepting or using electronic sig- 48 natures, or accepting or issuing communications electronically: 49 (1) A state agency shall adopt rules regarding such acceptance, use or 50 issuing. If a state agency does not have authority to adopt rules, the state 51 agency shall adopt guidelines or establish policies, as applicable, regarding 52 such acceptance, use or issuing. 53 (2) A local agency shall adopt, promulgate or pass rules, regulations, 3 1 ordinances or resolutions, as applicable, regarding such acceptance, use, or 2 issuing. 3 (3) In adopting, promulgating, passing or establishing such rules, regu- 4 lations, ordinances, resolutions, guidelines or policies, the public agency 5 may seek the advice of public and private entities. Such rules, regulations, 6 ordinances, resolutions, guidelines or policies shall incorporate, satisfy and 7 be in accordance with any applicable standards established by the information 8 technology resource management council pursuant to section 67-5745C, Idaho 9 Code. 10 67-2357. OPTION OF AGENCY. Nothing in this act shall require any public 11 agency to use or permit the use of an electronic signature, to accept communi- 12 cations filed electronically or to issue communications electronically. Noth- 13 ing in this act shall prevent a public agency from continuing to accept or use 14 electronic signatures or from continuing to accept or issue communications 15 electronically if such public agency is currently doing so; provided however, 16 that upon the establishment by the information technology resource management 17 council of standards as provided for in section 67-2356, Idaho Code, such pub- 18 lic agency shall ensure, within a reasonable time, that its use, acceptance or 19 issuing is in accordance with such standards.
STATEMENT OF PURPOSE
RS07942
To amend Chapter 23, Title 67, Idaho Code, to authorize state and
local agencies to use and accept electronic signatures and to
accept filings and issue documents electronically. To prescribe
the requirements for electronic signatures and the acceptance
and issuing of electronic filings and documents. To provide
that state and local agencies currently using and accepting
electronic signatures or currently accepting or issuing
documents electronically shall not be prevented by this act
from continuing to do so.
FISCAL IMPACT
This proposal has no additional fiscal impact on state or local
government.
CONTACT -
Name: Joanna L. Guilfoy
Agency: Department of Administration
Phone: 334-3388
Statement of Purpose/Fiscal Impact
S1496