As Reported by House Financial Institutions Committee 1
123rd General Assembly 4
Regular Session Sub. H. B. No. 488 5
1999-2000 6
REPRESENTATIVES TERWILLEGER-AMSTUTZ-HOUSEHOLDER-HARRIS- 8
GARDNER-TIBERI-CAREY-MOTTLEY-CORBIN-METZGER-HOLLISTER- 10
VAN VYVEN-WILLAMOWSKI-OLMAN-DePIERO-LUEBBERS-THOMAS-
TRAKAS-GOODMAN-HOOPS-AUSTRIA-DAMSCHRODER-HARTNETT-SYKES- 11
MAIER-BRADING-PETERSON-MEAD-SCHULER-METELSKY-TAYLOR- 12
JOLIVETTE-BUEHRER-FLANNERY-D. MILLER-ROBINSON-ALLEN- 13
EVANS-VERICH-STEVENS-WILSON 14
_________________________________________________________________ 15
A B I L L
To enact sections 1306.01 to 1306.23 of the Revised 18
Code to enact the Uniform Electronic Transactions
Act by providing for regulation of electronic 19
records and electronic signatures; to provide for 20
consumer electronic transactions and security 21
procedures between parties; and to provide for 22
the use of electronic records and signatures by 23
state agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 1306.01, 1306.02, 1306.03, 27
1306.04, 1306.05, 1306.06, 1306.07, 1306.08, 1306.09, 1306.10, 28
1306.11, 1306.12, 1306.13, 1306.14, 1306.15, 1306.16, 1306.17, 29
1306.18, 1306.19, 1306.20, 1306.21, 1306.22, and 1306.23 of the 31
Revised Code be enacted to read as follows: 32
Sec. 1306.01. AS USED IN SECTIONS 1306.01 TO 1306.23 OF 34
THE REVISED CODE:
(A) "AGREEMENT" MEANS THE BARGAIN OF THE PARTIES IN FACT, 36
AS FOUND IN THEIR LANGUAGE OR INFERRED FROM OTHER CIRCUMSTANCES 37
AND FROM RULES, REGULATIONS, AND PROCEDURES GIVEN THE EFFECT OF 38
AGREEMENTS UNDER LAWS OTHERWISE APPLICABLE TO A PARTICULAR 39
2
TRANSACTION.
(B) "AUTOMATED TRANSACTION" MEANS A TRANSACTION CONDUCTED 41
OR PERFORMED, IN WHOLE OR IN PART, BY ELECTRONIC MEANS OR 42
ELECTRONIC RECORDS, IN WHICH THE ACTS OR RECORDS OF ONE OR BOTH 43
PARTIES ARE NOT REVIEWED BY AN INDIVIDUAL IN THE ORDINARY COURSE 44
IN FORMING A CONTRACT, PERFORMING UNDER AN EXISTING CONTRACT, OR 45
FULFILLING AN OBLIGATION REQUIRED BY THE TRANSACTION.
(C) "COMPUTER PROGRAM" MEANS A SET OF STATEMENTS OR 47
INSTRUCTIONS TO BE USED DIRECTLY OR INDIRECTLY IN AN INFORMATION 48
PROCESSING SYSTEM IN ORDER TO BRING ABOUT A CERTAIN RESULT. 49
(D) "CONTRACT" MEANS THE TOTAL LEGAL OBLIGATION RESULTING 51
FROM THE PARTIES' AGREEMENT AS AFFECTED BY SECTIONS 1306.01 TO 52
1306.23 OF THE REVISED CODE AND OTHER APPLICABLE LAW. 53
(E) "ELECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING 55
ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, 56
ELECTROMAGNETIC, OR SIMILAR CAPABILITIES. 57
(F) "ELECTRONIC AGENT" MEANS A COMPUTER PROGRAM OR AN 59
ELECTRONIC OR OTHER AUTOMATED MEANS USED INDEPENDENTLY TO 60
INITIATE AN ACTION OR RESPOND TO ELECTRONIC RECORDS OR 61
PERFORMANCES IN WHOLE OR IN PART, WITHOUT REVIEW OR ACTION BY AN 62
INDIVIDUAL.
(G) "ELECTRONIC RECORD" MEANS A RECORD CREATED, GENERATED, 64
SENT, COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC MEANS. 65
(H) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, 67
SYMBOL, OR PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A 68
RECORD AND EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO 69
SIGN THE RECORD.
(I) "GOVERNMENTAL AGENCY" MEANS ANY EXECUTIVE, 71
LEGISLATIVE, OR JUDICIAL AGENCY, DEPARTMENT, BOARD, COMMISSION, 72
AUTHORITY, INSTITUTION, OR INSTRUMENTALITY OF THE FEDERAL 73
GOVERNMENT, OF A STATE, OR OF A COUNTY, MUNICIPALITY, OR OTHER 74
POLITICAL SUBDIVISION OF A STATE. 75
(J) "INFORMATION" MEANS DATA, TEXT, IMAGES, SOUNDS, CODES, 77
COMPUTER PROGRAMS, SOFTWARE, DATABASES, OR THE LIKE. 78
3
(K) "INFORMATION PROCESSING SYSTEM" MEANS AN ELECTRONIC 80
SYSTEM FOR CREATING, GENERATING, SENDING, RECEIVING, STORING, 81
DISPLAYING, OR PROCESSING INFORMATION. 82
(L) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS 84
TRUST, ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, 85
ASSOCIATION, JOINT VENTURE, GOVERNMENTAL AGENCY, PUBLIC 86
CORPORATION, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY. 88
(M) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A 90
TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER 91
MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM. 92
(N) "SECURITY PROCEDURE" MEANS A PROCEDURE EMPLOYED FOR 94
THE PURPOSE OF VERIFYING THAT AN ELECTRONIC SIGNATURE, RECORD, OR 95
PERFORMANCE IS THAT OF A SPECIFIC PERSON OR FOR DETECTING CHANGES 96
OR ERRORS IN THE INFORMATION IN AN ELECTRONIC RECORD. "SECURITY 97
PROCEDURE" INCLUDES A PROCEDURE THAT REQUIRES THE USE OF 98
ALGORITHMS OR OTHER CODES, IDENTIFYING WORD OR NUMBERS, 99
ENCRYPTION, OR CALLBACK OR OTHER ACKNOWLEDGMENT PROCEDURES.
(O) "STATE" MEANS A STATE OF THE UNITED STATES, THE 102
DISTRICT OF COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN 103
ISLANDS, OR ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE 104
JURISDICTION OF THE UNITED STATES. "STATE" INCLUDES AN INDIAN 105
TRIBE OR BAND, OR ALASKAN NATIVE VILLAGE, THAT IS RECOGNIZED BY 106
FEDERAL LAW OR FORMALLY ACKNOWLEDGED BY A STATE. 107
(P) "TRANSACTION" MEANS AN ACTION OR SET OF ACTIONS 109
OCCURRING BETWEEN TWO OR MORE PERSONS RELATING TO THE CONDUCT OF 110
BUSINESS, COMMERCIAL, OR GOVERNMENTAL AFFAIRS. 111
Sec. 1306.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 113
THIS SECTION, SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE 114
APPLY TO ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES RELATING TO 115
A TRANSACTION.
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE DO NOT 118
APPLY TO A TRANSACTION TO THE EXTENT IT IS GOVERNED BY ANY OF THE 119
FOLLOWING:
(1) A LAW GOVERNING THE CREATION AND EXECUTION OF WILLS, 121
4
CODICILS, OR TESTAMENTARY TRUSTS; 122
(2) CHAPTER 1301., EXCEPT SECTIONS 1301.07 AND 1301.12, 124
AND CHAPTERS 1303., 1304., 1305., 1306., 1307., 1308., AND 1309. 125
OF THE REVISED CODE.
Sec. 1306.03. SECTIONS 1306.01 TO 1306.23 OF THE REVISED 128
CODE APPLY TO ANY ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
CREATED, GENERATED, SENT, COMMUNICATED, RECEIVED, OR STORED ON OR 129
AFTER THE EFFECTIVE DATE OF SECTIONS 1306.01 TO 1306.23 OF THE 130
REVISED CODE.
Sec. 1306.04. (A) SECTIONS 1306.01 TO 1306.23 OF THE 132
REVISED CODE DO NOT REQUIRE A RECORD OR SIGNATURE TO BE CREATED, 133
GENERATED, SENT, COMMUNICATED, RECEIVED, STORED, OR OTHERWISE 134
PROCESSED OR USED BY ELECTRONIC MEANS OR IN ELECTRONIC FORM. 135
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE APPLY 138
ONLY TO TRANSACTIONS BETWEEN PARTIES EACH OF WHICH HAS AGREED TO 139
CONDUCT TRANSACTIONS BY ELECTRONIC MEANS. WHETHER THE PARTIES
AGREE TO CONDUCT A TRANSACTION BY ELECTRONIC MEANS IS DETERMINED 141
FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES, INCLUDING THE 142
PARTIES' CONDUCT.
(C) A PARTY THAT AGREES TO CONDUCT A TRANSACTION BY 144
ELECTRONIC MEANS MAY REFUSE TO CONDUCT OTHER TRANSACTIONS BY 145
ELECTRONIC MEANS. THE RIGHT GRANTED BY THIS DIVISION MAY NOT BE 146
WAIVED BY AGREEMENT.
(D) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 1306.01 TO 148
1306.23 OF THE REVISED CODE, ANY OF THE PROVISIONS OF SUCH 150
SECTIONS MAY BE VARIED BY AGREEMENT. THE PRESENCE IN CERTAIN
PROVISIONS OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE OF 151
THE WORDS "UNLESS OTHERWISE AGREED," OR WORDS OF SIMILAR IMPORT, 152
DOES NOT IMPLY THAT THE EFFECT OF OTHER PROVISIONS MAY NOT BE 153
VARIED BY AGREEMENT.
(E) WHETHER AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE 155
HAS LEGAL CONSEQUENCES IS DETERMINED BY SECTIONS 1306.01 TO 156
1306.23 OF THE REVISED CODE AND OTHER APPLICABLE LAW. 157
Sec. 1306.05. SECTIONS 1306.01 TO 1306.15 OF THE REVISED 159
5
CODE MAY BE KNOWN AND CITED AS THE "UNIFORM ELECTRONIC 160
TRANSACTIONS ACT" AND SHALL BE CONSTRUED AND APPLIED AS FOLLOWS: 161
(A) TO FACILITATE ELECTRONIC TRANSACTIONS CONSISTENT WITH 163
OTHER APPLICABLE LAW; 164
(B) TO BE CONSISTENT WITH REASONABLE PRACTICES CONCERNING 166
ELECTRONIC TRANSACTIONS AND WITH THE CONTINUED EXPANSION OF THOSE 168
PRACTICES;
(C) TO EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM THE 170
LAW WITH RESPECT TO THE SUBJECT OF SECTIONS 1306.01 TO 1306.15 OF 171
THE REVISED CODE AMONG STATES ENACTING THE UNIFORM ELECTRONIC 172
TRANSACTIONS ACT.
Sec. 1306.06. (A) A RECORD OR SIGNATURE MAY NOT BE DENIED 174
LEGAL EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC 175
FORM.
(B) A CONTRACT MAY NOT BE DENIED LEGAL EFFECT OR 177
ENFORCEABILITY SOLELY BECAUSE AN ELECTRONIC RECORD WAS USED IN 178
ITS FORMATION.
(C) IF A LAW REQUIRES A RECORD TO BE IN WRITING, AN 180
ELECTRONIC RECORD SATISFIES THE LAW. 181
(D) IF A LAW REQUIRES A SIGNATURE, AN ELECTRONIC SIGNATURE 183
SATISFIES THE LAW. 184
Sec. 1306.07. (A) IF THE PARTIES HAVE AGREED TO CONDUCT A 186
TRANSACTION BY ELECTRONIC MEANS AND A LAW REQUIRES A PERSON TO 187
PROVIDE, SEND, OR DELIVER INFORMATION IN WRITING TO ANOTHER 188
PERSON, THE REQUIREMENT IS SATISFIED IF THE INFORMATION IS 190
PROVIDED, SENT, OR DELIVERED, AS THE CASE MAY BE, IN AN
ELECTRONIC RECORD CAPABLE OF RETENTION BY THE RECIPIENT AT THE 191
TIME OF RECEIPT. AN ELECTRONIC RECORD IS NOT CAPABLE OF 192
RETENTION BY THE RECIPIENT IF THE SENDER OR ITS INFORMATION 193
PROCESSING SYSTEM INHIBITS THE ABILITY OF THE RECIPIENT TO PRINT 194
OR STORE THE ELECTRONIC RECORD.
(B) IF A LAW OTHER THAN SECTIONS 1306.01 TO 1306.23 OF THE 196
REVISED CODE REQUIRES A RECORD TO BE POSTED OR DISPLAYED IN A 197
CERTAIN MANNER, TO BE SENT, COMMUNICATED, OR TRANSMITTED BY A 198
6
SPECIFIED METHOD, OR TO CONTAIN INFORMATION THAT IS FORMATTED IN 199
A CERTAIN MANNER, ALL OF THE FOLLOWING APPLY:
(1) THE RECORD SHALL BE POSTED OR DISPLAYED IN THE MANNER 201
SPECIFIED IN THE OTHER LAW. 202
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(2) OF 204
THIS SECTION, THE RECORD SHALL BE SENT, COMMUNICATED, OR 205
TRANSMITTED BY THE METHOD SPECIFIED IN THE OTHER LAW. 206
(3) THE RECORD SHALL CONTAIN THE INFORMATION FORMATTED IN 208
THE MANNER SPECIFIED IN THE OTHER LAW. 209
(C) IF A SENDER INHIBITS THE ABILITY OF A RECIPIENT TO 211
STORE OR PRINT AN ELECTRONIC RECORD, THE ELECTRONIC RECORD IS NOT 212
ENFORCEABLE AGAINST THE RECIPIENT. 213
(D) DIVISIONS (A), (B), AND (C) OF THIS SECTION MAY NOT BE 216
VARIED BY AGREEMENT, EXCEPT AS FOLLOWS:
(1) TO THE EXTENT A LAW, OTHER THAN SECTIONS 1306.01 TO 218
1306.23 OF THE REVISED CODE, REQUIRES INFORMATION TO BE PROVIDED, 219
SENT, OR DELIVERED IN WRITING BUT PERMITS THAT REQUIREMENT TO BE 220
VARIED BY AGREEMENT, THE REQUIREMENT UNDER DIVISION (A) OF THIS 221
SECTION THAT THE INFORMATION BE IN THE FORM OF AN ELECTRONIC 222
RECORD CAPABLE OF RETENTION ALSO MAY BE VARIED BY AGREEMENT;
(2) A REQUIREMENT UNDER A LAW, OTHER THAN SECTIONS 1306.01 224
TO 1306.23 OF THE REVISED CODE, TO SEND, COMMUNICATE, OR TRANSMIT 225
A RECORD BY REGULAR MAIL MAY BE VARIED BY AGREEMENT TO THE EXTENT 226
PERMITTED BY THE OTHER LAW.
Sec. 1306.08. (A) AN ELECTRONIC RECORD OR ELECTRONIC 229
SIGNATURE IS ATTRIBUTABLE TO A PERSON IF IT WAS THE ACT OF THE 230
PERSON. THE ACT OF THE PERSON MAY BE SHOWN IN ANY MANNER, 231
INCLUDING A SHOWING OF THE EFFICACY OF ANY SECURITY PROCEDURE 232
APPLIED TO DETERMINE THE PERSON TO WHICH THE ELECTRONIC RECORD OR 233
ELECTRONIC SIGNATURE IS ATTRIBUTABLE.
(B) THE EFFECT OF AN ELECTRONIC RECORD OR ELECTRONIC 235
SIGNATURE ATTRIBUTED TO A PERSON UNDER DIVISION (A) OF THIS 236
SECTION SHALL BE DETERMINED FROM THE CONTEXT AND SURROUNDING 237
CIRCUMSTANCES AT THE TIME OF ITS CREATION, EXECUTION, OR 238
7
ADOPTION, INCLUDING THE PARTIES' AGREEMENT, IF ANY, AND OTHERWISE 239
AS PROVIDED BY LAW.
Sec. 1306.09. (A) IF A CHANGE OR ERROR IN AN ELECTRONIC 241
RECORD OCCURS IN A TRANSMISSION BETWEEN PARTIES TO A TRANSACTION, 242
BOTH OF THE FOLLOWING APPLY: 243
(1) IF THE PARTIES HAVE AGREED TO USE A SECURITY PROCEDURE 245
TO DETECT CHANGES OR ERRORS AND ONE PARTY HAS CONFORMED TO THE 246
PROCEDURE, BUT THE OTHER PARTY HAS NOT, AND THE NONCONFORMING 247
PARTY WOULD HAVE DETECTED THE CHANGE OR ERROR HAD THAT PARTY ALSO 248
CONFORMED, THE CONFORMING PARTY MAY AVOID THE EFFECT OF THE 249
CHANGED OR ERRONEOUS ELECTRONIC RECORD.
(2) IN AN AUTOMATED TRANSACTION INVOLVING AN INDIVIDUAL, 251
THE INDIVIDUAL MAY AVOID THE EFFECT OF AN ELECTRONIC RECORD THAT 252
RESULTED FROM AN ERROR MADE BY THE INDIVIDUAL IN DEALING WITH THE 253
ELECTRONIC AGENT OF ANOTHER PERSON, IF THE ELECTRONIC AGENT DID 254
NOT PROVIDE AN OPPORTUNITY FOR THE PREVENTION OR CORRECTION OF 255
THE ERROR AND, AT THE TIME THE INDIVIDUAL LEARNS OF THE ERROR, 256
THE INDIVIDUAL DOES ALL OF THE FOLLOWING:
(a) THE INDIVIDUAL PROMPTLY NOTIFIES THE OTHER PERSON OF 258
THE ERROR AND THAT THE INDIVIDUAL DID NOT INTEND TO BE BOUND BY 260
THE ELECTRONIC RECORD RECEIVED BY THE OTHER PERSON. 261
(b) THE INDIVIDUAL TAKES REASONABLE STEPS, INCLUDING STEPS 263
THAT CONFORM TO THE OTHER PERSON'S REASONABLE INSTRUCTIONS, TO 265
RETURN TO THE OTHER PERSON OR, IF INSTRUCTED BY THE OTHER PERSON, 266
TO DESTROY THE CONSIDERATION RECEIVED, IF ANY, AS A RESULT OF THE 267
ERRONEOUS ELECTRONIC RECORD.
(c) THE INDIVIDUAL HAS NOT USED OR RECEIVED ANY BENEFIT OR 269
VALUE FROM THE CONSIDERATION, IF ANY, RECEIVED FROM THE OTHER 271
PERSON.
(B) IF DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT 274
APPLY, THE CHANGE OR ERROR HAS THE EFFECT PROVIDED BY OTHER LAW,
INCLUDING THE LAW OF MISTAKE, AND THE PARTIES' CONTRACT, IF ANY. 275
(C) DIVISIONS (A)(2) AND (B) OF THIS SECTION MAY NOT BE 279
VARIED BY AGREEMENT.
8
Sec. 1306.10. IF A LAW REQUIRES A SIGNATURE OR RECORD TO 281
BE NOTARIZED, ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE 282
REQUIREMENT IS SATISFIED IF THE ELECTRONIC SIGNATURE OF THE 283
PERSON AUTHORIZED TO PERFORM THOSE ACTS, TOGETHER WITH ALL OTHER 284
INFORMATION REQUIRED TO BE INCLUDED BY OTHER APPLICABLE LAW, IS 285
ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE SIGNATURE OR RECORD. 286
Sec. 1306.11. (A) IF A LAW REQUIRES THAT A RECORD BE 288
RETAINED, THE REQUIREMENT IS SATISFIED BY RETAINING AN ELECTRONIC 290
RECORD OF THE INFORMATION IN THE RECORD IF BOTH OF THE FOLLOWING 291
ARE SATISFIED:
(1) THE ELECTRONIC RECORD ACCURATELY AND COMPLETELY 293
REFLECTS THE INFORMATION SET FORTH IN THE RECORD AFTER IT WAS 295
FIRST GENERATED IN ITS FINAL FORM AS AN ELECTRONIC RECORD OR 296
OTHERWISE.
(2) THE ELECTRONIC RECORD REMAINS ACCESSIBLE FOR LATER 298
REFERENCE.
(B) A REQUIREMENT TO RETAIN A RECORD IN ACCORDANCE WITH 300
DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY INFORMATION 301
THE SOLE PURPOSE OF WHICH IS TO ENABLE THE RECORD TO BE SENT, 302
COMMUNICATED, OR RECEIVED. 303
(C) A PERSON SATISFIES DIVISION (A) OF THIS SECTION BY 305
USING THE SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF THAT 306
DIVISION ARE SATISFIED. 307
(D) IF A LAW REQUIRES A RECORD TO BE PRESENTED OR RETAINED 309
IN ITS ORIGINAL FORM, OR PROVIDES CONSEQUENCES IF THE RECORD IS 310
NOT PRESENTED OR RETAINED IN ITS ORIGINAL FORM, THAT LAW IS 311
SATISFIED BY AN ELECTRONIC RECORD RETAINED IN ACCORDANCE WITH 312
DIVISION (A) OF THIS SECTION.
(E) IF A LAW REQUIRES RETENTION OF A CHECK, THAT 314
REQUIREMENT IS SATISFIED BY RETENTION OF AN ELECTRONIC RECORD OF 315
THE INFORMATION ON THE FRONT AND BACK OF THE CHECK IN ACCORDANCE 316
WITH DIVISION (A) OF THIS SECTION. 317
(F) A RECORD RETAINED AS AN ELECTRONIC RECORD IN 319
ACCORDANCE WITH DIVISION (A) OF THIS SECTION SATISFIES A LAW 320
9
REQUIRING A PERSON TO RETAIN A RECORD FOR EVIDENTIARY, AUDIT, OR 321
SIMILAR PURPOSES, UNLESS A LAW ENACTED AFTER THE EFFECTIVE DATE 322
OF THIS SECTION SPECIFICALLY PROHIBITS THE USE OF AN ELECTRONIC 323
RECORD FOR THE SPECIFIED PURPOSE.
(G) THIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY 326
OF THIS STATE FROM SPECIFYING ADDITIONAL REQUIREMENTS FOR THE 328
RETENTION OF A RECORD SUBJECT TO THE AGENCY'S JURISDICTION.
Sec. 1306.12. IN A PROCEEDING, EVIDENCE OF A RECORD OR 330
SIGNATURE MAY NOT BE EXCLUDED SOLELY BECAUSE IT IS IN ELECTRONIC 331
FORM.
Sec. 1306.13. IN AN AUTOMATED TRANSACTION, ALL OF THE 333
FOLLOWING APPLY:
(A) A CONTRACT MAY BE FORMED BY THE INTERACTION OF 335
ELECTRONIC AGENTS OF THE PARTIES, EVEN IF NO INDIVIDUAL WAS AWARE 336
OF OR REVIEWED THE ELECTRONIC AGENTS' ACTIONS OR THE RESULTING 337
TERMS AND AGREEMENTS.
(B) A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN 339
ELECTRONIC AGENT AND AN INDIVIDUAL, ACTING ON THE INDIVIDUAL'S 340
OWN BEHALF OR FOR ANOTHER PERSON, INCLUDING BY AN INTERACTION IN 341
WHICH THE INDIVIDUAL PERFORMS ACTIONS THAT THE INDIVIDUAL IS FREE 342
TO REFUSE TO PERFORM AND THAT THE INDIVIDUAL KNOWS OR HAS REASON 343
TO KNOW WILL CAUSE THE ELECTRONIC AGENT TO COMPLETE THE
TRANSACTION OR PERFORMANCE. 344
(C) THE TERMS OF THE CONTRACT DESCRIBED IN THIS SECTION 346
ARE DETERMINED BY THE SUBSTANTIVE LAW APPLICABLE TO THE CONTRACT. 348
Sec. 1306.14. (A) UNLESS OTHERWISE AGREED BETWEEN THE 350
SENDER AND THE RECIPIENT, AN ELECTRONIC RECORD IS SENT WHEN IT 351
SATISFIES ALL OF THE FOLLOWING: 352
(1) THE RECORD IS ADDRESSED PROPERLY OR OTHERWISE DIRECTED 354
PROPERLY TO AN INFORMATION PROCESSING SYSTEM THAT THE RECIPIENT 355
HAS DESIGNATED OR USES FOR THE PURPOSE OF RECEIVING ELECTRONIC 356
RECORDS OR INFORMATION OF THE TYPE SENT, AND FROM WHICH THE 357
RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY 359
10
THE INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (A)(1) OF 360
THIS SECTION.
(3) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM 362
OUTSIDE THE CONTROL OF THE SENDER OR OF A PERSON THAT SENT THE 363
ELECTRONIC RECORD ON BEHALF OF THE SENDER, OR ENTERS A REGION OF 364
THE INFORMATION PROCESSING SYSTEM DESIGNATED OR USED BY THE 365
RECIPIENT THAT IS UNDER THE CONTROL OF THE RECIPIENT.
(B) UNLESS OTHERWISE AGREED BETWEEN A SENDER AND THE 367
RECIPIENT, AN ELECTRONIC RECORD IS RECEIVED WHEN BOTH OF THE 368
FOLLOWING ARE SATISFIED:
(1) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM 370
THAT THE RECIPIENT HAS DESIGNATED OR USES FOR THE PURPOSE OF 371
RECEIVING ELECTRONIC RECORDS OR INFORMATION OF THE TYPE SENT, AND 372
FROM WHICH THE RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC 373
RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY 375
THE INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (B)(1) OF 376
THIS SECTION.
(C) DIVISION (B) OF THIS SECTION APPLIES EVEN IF THE PLACE 379
THE INFORMATION PROCESSING SYSTEM IS LOCATED IS DIFFERENT FROM
THE PLACE THE ELECTRONIC RECORD IS DEEMED TO BE RECEIVED UNDER 380
DIVISION (D) OF THIS SECTION. 381
(D)(1) UNLESS OTHERWISE EXPRESSLY PROVIDED IN THE 383
ELECTRONIC RECORD OR AGREED BETWEEN THE SENDER AND THE RECIPIENT, 384
AN ELECTRONIC RECORD IS DEEMED TO BE SENT FROM THE SENDER'S PLACE 385
OF BUSINESS AND TO BE RECEIVED AT THE RECIPIENT'S PLACE OF 386
BUSINESS.
(2) FOR PURPOSES OF DIVISION (D)(1) OF THIS SECTION, BOTH 388
OF THE FOLLOWING APPLY: 389
(a) IF THE SENDER OR RECIPIENT HAS MORE THAN ONE PLACE OF 391
BUSINESS, THE PLACE OF BUSINESS OF THAT PERSON IS THE PLACE 392
HAVING THE CLOSEST RELATIONSHIP TO THE UNDERLYING TRANSACTION. 393
(b) IF THE SENDER OR THE RECIPIENT DOES NOT HAVE A PLACE 395
OF BUSINESS, THE PLACE OF BUSINESS IS THE SENDER'S OR RECIPIENT'S 396
11
RESIDENCE, AS THE CASE MAY BE. 397
(E) AN ELECTRONIC RECORD IS RECEIVED UNDER DIVISION (B) OF 400
THIS SECTION EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
(F) RECEIPT OF AN ELECTRONIC ACKNOWLEDGMENT FROM AN 402
INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (B) OF THIS 403
SECTION ESTABLISHES THAT A RECORD WAS RECEIVED, BUT, BY ITSELF, 404
DOES NOT ESTABLISH THAT THE CONTENT SENT CORRESPONDS TO THE 405
CONTENT RECEIVED.
(G)(1) IF A PERSON IS AWARE THAT AN ELECTRONIC RECORD 407
PURPORTEDLY SENT UNDER DIVISION (A) OF THIS SECTION, OR 408
PURPORTEDLY RECEIVED UNDER DIVISION (B) OF THIS SECTION, WAS NOT 410
ACTUALLY SENT OR RECEIVED, THE LEGAL EFFECT OF THE SENDING OR 411
RECEIPT IS DETERMINED BY OTHER APPLICABLE LAW.
(2) EXCEPT TO THE EXTENT PERMITTED BY OTHER LAW, DIVISION 413
(G)(1) OF THIS SECTION MAY NOT BE VARIED BY AGREEMENT. 414
Sec. 1306.15. (A) AS USED IN THIS SECTION, "TRANSFERABLE 416
RECORD" MEANS AN ELECTRONIC RECORD THAT SATISFIES BOTH OF THE 417
FOLLOWING:
(1) THE TRANSFERABLE RECORD WOULD BE A NOTE UNDER CHAPTER 419
1303. OR A DOCUMENT UNDER CHAPTER 1307. OF THE REVISED CODE, IF 420
THE ELECTRONIC RECORD WERE IN WRITING. 421
(2) THE ISSUER OF THE ELECTRONIC RECORD EXPRESSLY HAS 423
AGREED THAT IT IS A TRANSFERABLE RECORD. 424
(B) A PERSON HAS CONTROL OF A TRANSFERABLE RECORD IF A 426
SYSTEM EMPLOYED FOR EVIDENCING THE TRANSFER OF INTERESTS IN THE 427
TRANSFERABLE RECORD RELIABLY ESTABLISHES THAT PERSON AS THE 428
PERSON TO WHICH THE TRANSFERABLE RECORD WAS ISSUED OR 429
TRANSFERRED.
(C) A SYSTEM SATISFIES DIVISION (B) OF THIS SECTION, AND A 432
PERSON IS DEEMED TO HAVE CONTROL OF A TRANSFERABLE RECORD, IF THE
TRANSFERABLE RECORD IS CREATED, STORED, AND ASSIGNED IN SUCH A 433
MANNER THAT SATISFIES ALL OF THE FOLLOWING: 434
(1) A SINGLE AUTHORITATIVE COPY OF THE TRANSFERABLE RECORD 436
EXISTS THAT IS UNIQUE, IDENTIFIABLE, AND, EXCEPT AS PROVIDED IN 437
12
DIVISIONS (C)(4) TO (6) OF THIS SECTION, UNALTERABLE. 438
(2) THE AUTHORITATIVE COPY IDENTIFIES THE PERSON ASSERTING 440
CONTROL AS EITHER OF THE FOLLOWING: 441
(a) THE PERSON TO WHICH THE TRANSFERABLE RECORD WAS 443
ISSUED;
(b) IF THE AUTHORITATIVE COPY INDICATES THAT THE 445
TRANSFERABLE RECORD HAS BEEN TRANSFERRED, THE PERSON TO WHICH THE 446
TRANSFERABLE RECORD MOST RECENTLY WAS TRANSFERRED. 447
(3) THE AUTHORITATIVE COPY IS COMMUNICATED TO AND 449
MAINTAINED BY THE PERSON ASSERTING CONTROL OR ITS DESIGNATED 450
CUSTODIAN.
(4) COPIES OR REVISIONS THAT ADD OR CHANGE AN IDENTIFIED 452
ASSIGNEE OF THE AUTHORITATIVE COPY MAY BE MADE ONLY WITH THE 453
CONSENT OF THE PERSON ASSERTING CONTROL. 454
(5) EACH COPY OF THE AUTHORITATIVE COPY AND ANY COPY OF A 456
COPY IS READILY IDENTIFIABLE AS A COPY THAT IS NOT THE 457
AUTHORITATIVE COPY.
(6) ANY REVISION OF THE AUTHORITATIVE COPY IS READILY 459
IDENTIFIABLE AS AUTHORIZED OR UNAUTHORIZED. 460
(D)(1) EXCEPT AS OTHERWISE AGREED, A PERSON HAVING CONTROL 462
OF A TRANSFERABLE RECORD IS THE HOLDER, AS DEFINED IN SECTION 463
1301.01 OF THE REVISED CODE, OF THE TRANSFERABLE RECORD AND HAS 464
THE SAME RIGHTS AND DEFENSES AS A HOLDER OF AN EQUIVALENT RECORD 465
OR WRITING UNDER THE UNIFORM COMMERCIAL CODE. IF THE APPLICABLE 466
STATUTORY REQUIREMENTS UNDER SECTION 1303.32, 1307.29, OR 1309.27
OF THE REVISED CODE ARE SATISFIED, THESE RIGHTS AND DEFENSES 467
INCLUDE THE RIGHTS AND DEFENSES OF A HOLDER IN DUE COURSE, A 468
HOLDER TO WHICH A NEGOTIABLE DOCUMENT OF TITLE HAS BEEN DULY 469
NEGOTIATED, OR A PURCHASER, RESPECTIVELY.
(2) DELIVERY, POSSESSION, AND INDORSEMENT ARE NOT REQUIRED 471
TO OBTAIN OR EXERCISE ANY OF THE RIGHTS UNDER DIVISION (D)(1) OF 472
THIS SECTION.
(E) EXCEPT AS OTHERWISE AGREED, AN OBLIGOR UNDER A 474
TRANSFERABLE RECORD HAS THE SAME RIGHTS AND DEFENSES AS AN 475
13
EQUIVALENT OBLIGOR UNDER EQUIVALENT RECORDS OR WRITINGS UNDER THE 476
UNIFORM COMMERCIAL CODE.
(F)(1) IF REQUESTED BY A PERSON AGAINST WHICH ENFORCEMENT 478
IS SOUGHT, THE PERSON SEEKING TO ENFORCE THE TRANSFERABLE RECORD 479
SHALL PROVIDE REASONABLE PROOF THAT THE PERSON IS IN CONTROL OF 480
THE TRANSFERABLE RECORD.
(2) PROOF REQUIRED BY DIVISION (F)(1) OF THIS SECTION MAY 482
INCLUDE ACCESS TO THE AUTHORITATIVE COPY OF THE TRANSFERABLE 483
RECORD AND RELATED BUSINESS RECORDS SUFFICIENT TO REVIEW THE 484
TERMS OF THE TRANSFERABLE RECORD AND TO ESTABLISH THE IDENTITY OF 485
THE PERSON HAVING CONTROL OF THE TRANSFERABLE RECORD. 486
Sec. 1306.16. (A) A PROVISION OF A NONELECTRONIC CONTRACT 488
INVOLVING A CONSUMER AND TO WHICH A STATE AGENCY IS NOT A PARTY 489
THAT AUTHORIZES THE CONDUCTING OF A TRANSACTION OR ANY PART OF A 491
TRANSACTION BY ELECTRONIC MEANS IS UNENFORCEABLE AGAINST THE
CONSUMER, UNLESS THE CONSUMER SEPARATELY SIGNS THE PROVISION. 492
(B) A CONSUMER'S AGREEMENT TO CONDUCT A TRANSACTION OR A 494
PART OF A TRANSACTION ELECTRONICALLY SHALL NOT BE INFERRED SOLELY 495
FROM THE FACT THAT THE CONSUMER HAS USED ELECTRONIC MEANS TO PAY 496
AN ACCOUNT OR REGISTER A PURCHASE OR WARRANTY. 497
(C) DIVISIONS (A) AND (B) OF THIS SECTION APPLY TO EVERY 500
TRANSACTION DESCRIBED IN THOSE DIVISIONS NOTWITHSTANDING ANY
OTHER PROVISION OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED 502
CODE. THIS SECTION SHALL NOT BE VARIED BY AGREEMENT.
(D) FOR PURPOSES OF THIS SECTION, BOTH OF THE FOLLOWING 504
APPLY:
(1) "CONSUMER" MEANS AN INDIVIDUAL WHO IS INVOLVED IN A 507
TRANSACTION PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD
PURPOSES. 508
(2) "STATE AGENCY" MEANS EVERY ORGANIZED BODY, OFFICE, OR 510
AGENCY ESTABLISHED BY THE LAWS OF THE STATE FOR THE EXERCISE OF 511
ANY FUNCTION OF STATE GOVERNMENT. 512
Sec. 1306.17. (A) THIS SECTION AND SECTION 1306.18 OF THE 514
REVISED CODE APPLY TO THE ATTRIBUTION OF ELECTRONIC RECORDS AND 516
14
ELECTRONIC SIGNATURES AMONG PARTIES THAT ARE NOT STATE AGENCIES. 517
(B) FOR PURPOSES OF THIS SECTION AND SECTION 1306.18 OF 519
THE REVISED CODE, THE COMMERCIAL REASONABLENESS OF A SECURITY 521
PROCEDURE IS TO BE DETERMINED BY A COURT. IN MAKING THIS 522
DETERMINATION, BOTH OF THE FOLLOWING APPLY: 523
(1) A SECURITY PROCEDURE ESTABLISHED BY STATUTE OR 525
REGULATION IS EFFECTIVE FOR TRANSACTIONS COVERED BY THE STATUTE 526
OR REGULATION.
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(1) OF 528
THIS SECTION, THE COMMERCIAL REASONABLENESS AND EFFECTIVENESS IS 529
TO BE DETERMINED IN LIGHT OF THE PURPOSES OF THE SECURITY 530
PROCEDURE AND THE COMMERCIAL CIRCUMSTANCES AT THE TIME THE 531
PARTIES AGREE TO OR ADOPT THE PROCEDURE. 532
(C) AS USED IN THIS SECTION, "STATE AGENCY" MEANS EVERY 534
ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS OF THE 535
STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE GOVERNMENT. 536
Sec. 1306.18. (A) IF THERE IS A SECURITY PROCEDURE 538
BETWEEN THE PARTIES WITH RESPECT TO AN ELECTRONIC SIGNATURE OR 539
ELECTRONIC RECORD, BOTH OF THE FOLLOWING APPLY: 540
(1) THE EFFECT OF COMPLIANCE WITH A SECURITY PROCEDURE 542
ESTABLISHED BY A LAW OR REGULATION IS DETERMINED BY THAT LAW OR 543
REGULATION. 544
(2) IN ALL OTHER CASES THAN THOSE DESCRIBED IN DIVISION 546
(A)(1) OF THIS SECTION, IF THE PARTIES AGREE TO USE OR OTHERWISE 547
KNOWINGLY ADOPT A SECURITY PROCEDURE TO VERIFY THE PERSON FROM 548
WHICH AN ELECTRONIC SIGNATURE OR ELECTRONIC RECORD HAS BEEN SENT, 549
THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS ATTRIBUTABLE TO 550
THE PERSON IDENTIFIED BY THE SECURITY PROCEDURE, IF THE PERSON 551
RELYING ON THE ATTRIBUTION ESTABLISHES ALL OF THE FOLLOWING: 552
(a) THE SECURITY PROCEDURE IS COMMERCIALLY REASONABLE. 554
(b) THE PARTY ACCEPTED OR RELIED ON THE ELECTRONIC MESSAGE 556
IN GOOD FAITH AND IN COMPLIANCE WITH THE SECURITY PROCEDURE AND 557
ANY ADDITIONAL AGREEMENT WITH OR SEPARATE INSTRUCTIONS OF THE 559
OTHER PARTY.
15
(c) THE SECURITY PROCEDURE INDICATES THAT THE ELECTRONIC 561
MESSAGE IS FROM THE PERSON TO WHICH ATTRIBUTION IS SOUGHT. 562
(B) IF THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS 564
NOT ATTRIBUTABLE TO A PARTY UNDER SECTION 1306.08 OF THE REVISED 565
CODE BUT IS ATTRIBUTABLE TO THE PARTY UNDER OTHER PROVISIONS OF 566
THIS SECTION, THEN, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS 567
SECTION, THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS NOT 568
ATTRIBUTABLE TO THE PARTY IF THE PARTY ESTABLISHES THAT THE 569
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD WAS CAUSED DIRECTLY OR 570
INDIRECTLY BY A PERSON MEETING ANY OF THE FOLLOWING: 571
(1) THE PERSON WAS NOT ENTRUSTED AT ANY TIME WITH THE 573
RIGHT OR DUTY TO ACT FOR THE PARTY WITH RESPECT TO SUCH 574
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD OR SECURITY PROCEDURE. 575
(2) THE PERSON LAWFULLY OBTAINED ACCESS TO TRANSMITTING 577
FACILITIES OF THE PARTY, IF SUCH ACCESS FACILITATED THE MISUSE OF 578
THE SECURITY PROCEDURE. 579
(3) THE PERSON OBTAINED, FROM A SOURCE CONTROLLED BY THE 581
PARTY, INFORMATION FACILITATING MISUSE OF THE SECURITY PROCEDURE. 582
(C) IF THE PARTIES USE A COMMERCIALLY REASONABLE SECURITY 584
PROCEDURE TO DETECT ERRORS OR CHANGES WITH RESPECT TO AN 585
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD, BOTH OF THE FOLLOWING 586
APPLY:
(1) THE EFFECT OF A SECURITY PROCEDURE IS DETERMINED BY 588
THE AGREEMENT BETWEEN THE PARTIES, OR, IN THE ABSENCE OF AN 589
AGREEMENT, BY THIS SECTION OR ANY LAW ESTABLISHING THE SECURITY 590
PROCEDURE.
(2) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, IF A 592
SECURITY PROCEDURE INDICATES THAT AN ELECTRONIC SIGNATURE OR 593
ELECTRONIC RECORD HAS NOT BEEN ALTERED SINCE A PARTICULAR TIME, 594
IT SHALL BE TREATED AS NOT HAVING BEEN ALTERED SINCE THAT TIME. 595
Sec. 1306.19. SECTIONS 1306.17 AND 1306.18 OF THE REVISED 597
CODE DO NOT APPLY TO TRANSACTIONS TO WHICH A CONSUMER IS A PARTY. 598
Sec. 1306.20. (A) SUBJECT TO SECTION 1306.11 OF THE 600
REVISED CODE, EACH STATE AGENCY SHALL DETERMINE IF, AND THE 601
16
EXTENT TO WHICH, IT WILL SEND AND RECEIVE ELECTRONIC RECORDS AND 602
ELECTRONIC SIGNATURES TO AND FROM OTHER PERSONS AND OTHERWISE 603
CREATE, GENERATE, COMMUNICATE, STORE, PROCESS, USE, AND RELY UPON 605
ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(B)(1) SUBJECT TO DIVISION (B)(2) OF THIS SECTION, A STATE 608
AGENCY MAY WAIVE A REQUIREMENT IN THE REVISED CODE, OTHER THAN A 609
REQUIREMENT IN SECTIONS 1306.01 TO 1306.15 OF THE REVISED CODE, 610
THAT RELATES TO ANY OF THE FOLLOWING:
(a) THE METHOD OF POSTING OR DISPLAYING RECORDS; 612
(b) THE MANNER OF SENDING, COMMUNICATING, OR TRANSMITTING 614
RECORDS; 615
(c) THE MANNER OF FORMATTING RECORDS. 617
(2) A STATE AGENCY MAY EXERCISE ITS AUTHORITY TO WAIVE A 619
REQUIREMENT UNDER DIVISION (B)(1) OF THIS SECTION ONLY IF THE 620
FOLLOWING APPLY: 621
(a) THE REQUIREMENT RELATES TO A MATTER OVER WHICH THE 623
STATE AGENCY HAS JURISDICTION; 624
(b) THE WAIVER IS CONSISTENT WITH CRITERIA SET FORTH IN 626
RULES ADOPTED BY THE STATE AGENCY. THE CRITERIA, TO THE EXTENT 627
REASONABLE UNDER THE CIRCUMSTANCES, SHALL CONTAIN STANDARDS TO 628
FACILITATE THE USE OF ELECTRONIC COMMERCE BY PERSONS UNDER THE 629
JURISDICTION OF THE STATE AGENCY CONSISTENT WITH RULES ADOPTED BY 630
THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION 631
(A) OF SECTION 1306.21 OF THE REVISED CODE.
(C) IF A STATE AGENCY CREATES, USES, RECEIVES, OR RETAINS 633
ELECTRONIC RECORDS, BOTH OF THE FOLLOWING APPLY: 634
(1) ANY RULES ADOPTED BY A STATE AGENCY RELATING TO 636
ELECTRONIC RECORDS SHALL BE CONSISTENT WITH RULES ADOPTED BY THE 637
DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF 638
SECTION 1306.21 OF THE REVISED CODE. 639
(2) EACH STATE AGENCY SHALL CREATE, USE, RECEIVE, AND 641
RETAIN ELECTRONIC RECORDS IN ACCORDANCE WITH SECTION 149.40 OF 642
THE REVISED CODE. 643
(D) IF A STATE AGENCY CREATES, USES, OR RECEIVES 645
17
ELECTRONIC SIGNATURES, THE STATE AGENCY SHALL CREATE, USE, OR 646
RECEIVE THE SIGNATURES IN ACCORDANCE WITH RULES ADOPTED BY THE 647
DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF 648
SECTION 1306.21 OF THE REVISED CODE. 649
(E)(1) TO THE EXTENT A STATE AGENCY RETAINS AN ELECTRONIC 651
RECORD, THE STATE AGENCY MAY RETAIN A RECORD IN A FORMAT THAT IS 652
DIFFERENT FROM THE FORMAT IN WHICH THE RECORD WAS ORIGINALLY 653
CREATED, USED, SENT, OR RECEIVED ONLY IF IT CAN BE DEMONSTRATED 654
THAT THE ALTERNATIVE FORMAT USED ACCURATELY AND COMPLETELY 655
REFLECTS THE RECORD AS IT WAS ORIGINALLY CREATED, USED, SENT, OR 656
RECEIVED.
(2) IF A STATE AGENCY IN RETAINING ANY SET OF ELECTRONIC 658
RECORDS PURSUANT TO DIVISION (E)(1) OF THIS SECTION ALTERS THE 659
FORMAT OF THE RECORDS, THE STATE AGENCY SHALL CREATE A 660
CERTIFICATE OF AUTHENTICITY FOR EACH SET OF RECORDS THAT IS 662
ALTERED.
(3) THE DEPARTMENT OF ADMINISTRATIVE SERVICES, IN 664
CONSULTATION WITH THE STATE ARCHIVIST, SHALL ADOPT RULES IN 665
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT ESTABLISH 666
THE METHODS FOR CREATING CERTIFICATES OF AUTHENTICITY PURSUANT TO 667
DIVISION (E)(2) OF THIS SECTION. 668
(F) WHENEVER ANY RULE OF LAW REQUIRES OR AUTHORIZES THE 670
FILING OF ANY INFORMATION, NOTICE, LIEN, OR OTHER DOCUMENT OR 671
RECORD WITH ANY STATE AGENCY, A FILING MADE BY AN ELECTRONIC 672
RECORD SHALL HAVE THE SAME FORCE AND EFFECT AS A FILING MADE ON 673
PAPER IN ALL CASES WHERE THE STATE AGENCY HAS AUTHORIZED OR 674
AGREED TO SUCH ELECTRONIC FILING AND THE FILING IS MADE IN
ACCORDANCE WITH APPLICABLE RULES OR AGREEMENT. 675
(G) NOTHING IN SECTIONS 1306.01 TO 1306.23 OF THE REVISED 678
CODE SHALL BE CONSTRUED TO REQUIRE ANY STATE AGENCY TO USE OR 679
PERMIT THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(H)(1) NOTWITHSTANDING DIVISION (C)(1) OR (D) OF THIS 682
SECTION, ANY STATE AGENCY THAT, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, USED OR PERMITTED THE USE OF ELECTRONIC RECORDS OR 683
18
ELECTRONIC SIGNATURES PURSUANT TO LAWS ENACTED, RULES ADOPTED, OR 684
AGENCY POLICIES ADOPTED BEFORE THE EFFECTIVE DATE OF THIS 685
SECTION, MAY USE OR PERMIT THE USE OF ELECTRONIC RECORDS OR 686
ELECTRONIC SIGNATURES PURSUANT TO THOSE PREVIOUSLY ENACTED LAWS, 687
ADOPTED RULES, OR ADOPTED POLICIES FOR A PERIOD OF TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION. 688
(2) SUBJECT TO DIVISION (H)(3) OF THIS SECTION, AFTER THE 690
TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) OF THIS SECTION HAS 691
CONCLUDED, ALL STATE AGENCIES THAT USE OR PERMIT THE USE OF 692
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES BEFORE THE EFFECTIVE 693
DATE OF THIS SECTION SHALL ONLY USE OR PERMIT THE USE OF 694
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES CONSISTENT WITH RULES 695
ADOPTED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO 696
DIVISION (A) OF SECTION 1306.21 OF THE REVISED CODE. 697
(3) AFTER THE TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) 699
OF THIS SECTION HAS CONCLUDED, THE DEPARTMENT OF ADMINISTRATIVE 700
SERVICES MAY PERMIT A STATE AGENCY TO USE ELECTRONIC RECORDS OR 702
ELECTRONIC SIGNATURES THAT DO NOT COMPLY WITH DIVISION (H)(2) OF 703
THIS SECTION, IF THE STATE AGENCY FILES A WRITTEN REQUEST WITH 704
THE DEPARTMENT.
(I) FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS 707
EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS 708
OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT, BUT DOES NOT INCLUDE THE GENERAL ASSEMBLY OR THE 710
SUPREME COURT.
Sec. 1306.21. (A) WITH REGARD TO STATE AGENCY USE OF 713
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES, THE DEPARTMENT OF 715
ADMINISTRATIVE SERVICES, IN CONSULTATION WITH THE STATE 716
ARCHIVIST, SHALL ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF 717
THE REVISED CODE SETTING FORTH ALL OF THE FOLLOWING: 718
(1) THE MINIMUM REQUIREMENTS FOR THE METHOD OF CREATION, 720
MAINTENANCE, AND SECURITY OF ELECTRONIC RECORDS AND ELECTRONIC 721
SIGNATURES; 722
(2) IF ELECTRONIC RECORDS MUST BE SIGNED BY ELECTRONIC 724
19
MEANS, ALL OF THE FOLLOWING: 725
(a) THE TYPE OF ELECTRONIC SIGNATURE REQUIRED; 727
(b) THE MANNER AND FORMAT IN WHICH THE ELECTRONIC 729
SIGNATURE MUST BE AFFIXED TO THE ELECTRONIC RECORD; 730
(c) THE IDENTITY OF, OR CRITERIA THAT MUST BE MET BY, ANY 732
THIRD PARTY USED BY THE PERSON FILING A DOCUMENT TO FACILITATE 733
THE PROCESS.
(3) CONTROL PROCESSES AND PROCEDURES AS APPROPRIATE TO 735
ENSURE ADEQUATE PRESERVATION, DISPOSITION, INTEGRITY, SECURITY, 736
CONFIDENTIALITY, AND AUDITABILITY OF ELECTRONIC RECORDS; 737
(4) ANY OTHER REQUIRED ATTRIBUTES FOR ELECTRONIC RECORDS 739
THAT ARE SPECIFIED FOR CORRESPONDING NONELECTRONIC RECORDS OR ARE 741
REASONABLY NECESSARY UNDER THE CIRCUMSTANCES. 742
(B) THE GENERAL ASSEMBLY AND THE SUPREME COURT ALSO MAY 744
ADOPT RULES PERTAINING TO THE USE OF ELECTRONIC RECORDS AND 745
ELECTRONIC SIGNATURES BY THEIR RESPECTIVE AGENCIES. 746
(C) FOR PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS 749
EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS 750
OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT, BUT DOES NOT INCLUDE THE GENERAL ASSEMBLY OR THE 753
SUPREME COURT.
Sec. 1306.22. (A) THE DEPARTMENT OF ADMINISTRATIVE 756
SERVICES MAY ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE 758
REVISED CODE TO ENSURE CONSISTENCY AND INTEROPERABILITY AMONG 759
STATE AGENCIES WITH REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC 760
SIGNATURES, AND SECURITY PROCEDURES. 761
(B) IF THE DEPARTMENT OF ADMINISTRATIVE SERVICES ADOPTS 763
RULES PURSUANT TO DIVISION (A) OF THIS SECTION, THE DEPARTMENT 765
SHALL CONSIDER CONSISTENCY IN APPLICATIONS AND INTEROPERABILITY 766
WITH GOVERNMENTAL AGENCIES OF THIS STATE, AGENCIES OF OTHER 768
STATES, THE FEDERAL GOVERNMENT, AND NONGOVERNMENTAL PERSONS TO 769
THE EXTENT PRACTICABLE WHEN ADOPTING RULES PURSUANT TO THAT 770
DIVISION.
(C) WITH REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC 772
20
SIGNATURES, AND SECURITY PROCEDURES, THE DEPARTMENT OF 773
ADMINISTRATIVE SERVICES MAY PUBLISH RECOMMENDATIONS FOR 774
GOVERNMENTAL AGENCIES AND NONGOVERNMENTAL PERSONS TO PROMOTE 775
CONSISTENCY AND INTEROPERABILITY AMONG NONGOVERNMENTAL PERSONS, 776
AGENCIES OF THIS STATE AND OTHER STATES, AND THE FEDERAL 777
GOVERNMENT.
(D) FOR PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS 779
EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS 780
OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE 781
GOVERNMENT, BUT DOES NOT INCLUDE THE GENERAL ASSEMBLY OR THE 782
SUPREME COURT.
Sec. 1306.23. RECORDS THAT WOULD DISCLOSE OR MAY LEAD TO 785
THE DISCLOSURE OF RECORDS OR INFORMATION THAT WOULD JEOPARDIZE 786
THE STATE'S CONTINUED USE OR SECURITY OF ANY COMPUTER OR 787
TELECOMMUNICATIONS DEVICES OR SERVICES ASSOCIATED WITH ELECTRONIC 788
SIGNATURES, ELECTRONIC RECORDS, OR ELECTRONIC TRANSACTIONS ARE 789
NOT PUBLIC RECORDS FOR PURPOSES OF SECTION 149.43 OF THE REVISED 790
CODE.
Section 2. The Department of Administrative Services shall 793
file, in accordance with section 111.15 of the Revised Code, 794
initial rules adopted pursuant to division (A) of section 1306.21 795
of the Revised Code not later than ninety days after the 796
effective date of this act. 797
Section 3. If any provision of this act or its application 799
to any person or circumstance is held invalid, the invalidity 800
does not affect other provisions or applications of this act that 801
can be given effect without the invalid provision or application, 802
and to this end the provisions of this act are severable. 803