As Passed by the House 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-MYERS-DISTEL-CALVERT-SALERNO- 14
WIDENER-BARRETT-CATES-O'BRIEN-WINKLER-PATTON-GOODING- 15
BRITTON-BARNES-HOLLISTER-SYKES 16
_________________________________________________________________ 17
A B I L L
To enact sections 1306.01 to 1306.23 of the Revised 20
Code to enact the Uniform Electronic Transactions
Act by providing for regulation of electronic 21
records and electronic signatures; to provide for 22
consumer electronic transactions and security 23
procedures between parties; and to provide for 24
the use of electronic records and signatures by 25
state agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 27
Section 1. That sections 1306.01, 1306.02, 1306.03, 29
1306.04, 1306.05, 1306.06, 1306.07, 1306.08, 1306.09, 1306.10, 30
1306.11, 1306.12, 1306.13, 1306.14, 1306.15, 1306.16, 1306.17, 31
1306.18, 1306.19, 1306.20, 1306.21, 1306.22, and 1306.23 of the 33
Revised Code be enacted to read as follows: 34
Sec. 1306.01. AS USED IN SECTIONS 1306.01 TO 1306.23 OF 36
THE REVISED CODE:
(A) "AGREEMENT" MEANS THE BARGAIN OF THE PARTIES IN FACT, 38
AS FOUND IN THEIR LANGUAGE OR INFERRED FROM OTHER CIRCUMSTANCES 39
2
AND FROM RULES, REGULATIONS, AND PROCEDURES GIVEN THE EFFECT OF 40
AGREEMENTS UNDER LAWS OTHERWISE APPLICABLE TO A PARTICULAR 41
TRANSACTION.
(B) "AUTOMATED TRANSACTION" MEANS A TRANSACTION CONDUCTED 43
OR PERFORMED, IN WHOLE OR IN PART, BY ELECTRONIC MEANS OR 44
ELECTRONIC RECORDS, IN WHICH THE ACTS OR RECORDS OF ONE OR BOTH 45
PARTIES ARE NOT REVIEWED BY AN INDIVIDUAL IN THE ORDINARY COURSE 46
IN FORMING A CONTRACT, PERFORMING UNDER AN EXISTING CONTRACT, OR 47
FULFILLING AN OBLIGATION REQUIRED BY THE TRANSACTION.
(C) "COMPUTER PROGRAM" MEANS A SET OF STATEMENTS OR 49
INSTRUCTIONS TO BE USED DIRECTLY OR INDIRECTLY IN AN INFORMATION 50
PROCESSING SYSTEM IN ORDER TO BRING ABOUT A CERTAIN RESULT. 51
(D) "CONTRACT" MEANS THE TOTAL LEGAL OBLIGATION RESULTING 53
FROM THE PARTIES' AGREEMENT AS AFFECTED BY SECTIONS 1306.01 TO 54
1306.23 OF THE REVISED CODE AND OTHER APPLICABLE LAW. 55
(E) "ELECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING 57
ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, 58
ELECTROMAGNETIC, OR SIMILAR CAPABILITIES. 59
(F) "ELECTRONIC AGENT" MEANS A COMPUTER PROGRAM OR AN 61
ELECTRONIC OR OTHER AUTOMATED MEANS USED INDEPENDENTLY TO 62
INITIATE AN ACTION OR RESPOND TO ELECTRONIC RECORDS OR 63
PERFORMANCES IN WHOLE OR IN PART, WITHOUT REVIEW OR ACTION BY AN 64
INDIVIDUAL.
(G) "ELECTRONIC RECORD" MEANS A RECORD CREATED, GENERATED, 66
SENT, COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC MEANS. 67
(H) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, 69
SYMBOL, OR PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A 70
RECORD AND EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO 71
SIGN THE RECORD.
(I) "GOVERNMENTAL AGENCY" MEANS ANY EXECUTIVE, 73
LEGISLATIVE, OR JUDICIAL AGENCY, DEPARTMENT, BOARD, COMMISSION, 74
AUTHORITY, INSTITUTION, OR INSTRUMENTALITY OF THE FEDERAL 75
GOVERNMENT, OF A STATE, OR OF A COUNTY, MUNICIPALITY, OR OTHER 76
POLITICAL SUBDIVISION OF A STATE. 77
3
(J) "INFORMATION" MEANS DATA, TEXT, IMAGES, SOUNDS, CODES, 79
COMPUTER PROGRAMS, SOFTWARE, DATABASES, OR THE LIKE. 80
(K) "INFORMATION PROCESSING SYSTEM" MEANS AN ELECTRONIC 82
SYSTEM FOR CREATING, GENERATING, SENDING, RECEIVING, STORING, 83
DISPLAYING, OR PROCESSING INFORMATION. 84
(L) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS 86
TRUST, ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, 87
ASSOCIATION, JOINT VENTURE, GOVERNMENTAL AGENCY, PUBLIC 88
CORPORATION, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY. 90
(M) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A 92
TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER 93
MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM. 94
(N) "SECURITY PROCEDURE" MEANS A PROCEDURE EMPLOYED FOR 96
THE PURPOSE OF VERIFYING THAT AN ELECTRONIC SIGNATURE, RECORD, OR 97
PERFORMANCE IS THAT OF A SPECIFIC PERSON OR FOR DETECTING CHANGES 98
OR ERRORS IN THE INFORMATION IN AN ELECTRONIC RECORD. "SECURITY 99
PROCEDURE" INCLUDES A PROCEDURE THAT REQUIRES THE USE OF 100
ALGORITHMS OR OTHER CODES, IDENTIFYING WORD OR NUMBERS, 101
ENCRYPTION, OR CALLBACK OR OTHER ACKNOWLEDGMENT PROCEDURES.
(O) "STATE" MEANS A STATE OF THE UNITED STATES, THE 104
DISTRICT OF COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN 105
ISLANDS, OR ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE 106
JURISDICTION OF THE UNITED STATES. "STATE" INCLUDES AN INDIAN 107
TRIBE OR BAND, OR ALASKAN NATIVE VILLAGE, THAT IS RECOGNIZED BY 108
FEDERAL LAW OR FORMALLY ACKNOWLEDGED BY A STATE. 109
(P) "TRANSACTION" MEANS AN ACTION OR SET OF ACTIONS 111
OCCURRING BETWEEN TWO OR MORE PERSONS RELATING TO THE CONDUCT OF 112
BUSINESS, COMMERCIAL, OR GOVERNMENTAL AFFAIRS. 113
Sec. 1306.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 115
THIS SECTION, SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE 116
APPLY TO ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES RELATING TO 117
A TRANSACTION.
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE DO NOT 120
APPLY TO A TRANSACTION TO THE EXTENT IT IS GOVERNED BY ANY OF THE 121
4
FOLLOWING:
(1) A LAW GOVERNING THE CREATION AND EXECUTION OF WILLS, 123
CODICILS, OR TESTAMENTARY TRUSTS; 124
(2) CHAPTER 1301., EXCEPT SECTIONS 1301.07 AND 1301.12, 126
AND CHAPTERS 1303., 1304., 1305., 1306., 1307., 1308., AND 1309. 127
OF THE REVISED CODE.
Sec. 1306.03. SECTIONS 1306.01 TO 1306.23 OF THE REVISED 130
CODE APPLY TO ANY ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
CREATED, GENERATED, SENT, COMMUNICATED, RECEIVED, OR STORED ON OR 131
AFTER THE EFFECTIVE DATE OF SECTIONS 1306.01 TO 1306.23 OF THE 132
REVISED CODE.
Sec. 1306.04. (A) SECTIONS 1306.01 TO 1306.23 OF THE 134
REVISED CODE DO NOT REQUIRE A RECORD OR SIGNATURE TO BE CREATED, 135
GENERATED, SENT, COMMUNICATED, RECEIVED, STORED, OR OTHERWISE 136
PROCESSED OR USED BY ELECTRONIC MEANS OR IN ELECTRONIC FORM. 137
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE APPLY 140
ONLY TO TRANSACTIONS BETWEEN PARTIES EACH OF WHICH HAS AGREED TO 141
CONDUCT TRANSACTIONS BY ELECTRONIC MEANS. WHETHER THE PARTIES
AGREE TO CONDUCT A TRANSACTION BY ELECTRONIC MEANS IS DETERMINED 143
FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES, INCLUDING THE 144
PARTIES' CONDUCT.
(C) A PARTY THAT AGREES TO CONDUCT A TRANSACTION BY 146
ELECTRONIC MEANS MAY REFUSE TO CONDUCT OTHER TRANSACTIONS BY 147
ELECTRONIC MEANS. THE RIGHT GRANTED BY THIS DIVISION MAY NOT BE 148
WAIVED BY AGREEMENT.
(D) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 1306.01 TO 150
1306.23 OF THE REVISED CODE, ANY OF THE PROVISIONS OF SUCH 152
SECTIONS MAY BE VARIED BY AGREEMENT. THE PRESENCE IN CERTAIN
PROVISIONS OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE OF 153
THE WORDS "UNLESS OTHERWISE AGREED," OR WORDS OF SIMILAR IMPORT, 154
DOES NOT IMPLY THAT THE EFFECT OF OTHER PROVISIONS MAY NOT BE 155
VARIED BY AGREEMENT.
(E) WHETHER AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE 157
HAS LEGAL CONSEQUENCES IS DETERMINED BY SECTIONS 1306.01 TO 158
5
1306.23 OF THE REVISED CODE AND OTHER APPLICABLE LAW. 159
Sec. 1306.05. SECTIONS 1306.01 TO 1306.15 OF THE REVISED 161
CODE MAY BE KNOWN AND CITED AS THE "UNIFORM ELECTRONIC 162
TRANSACTIONS ACT" AND SHALL BE CONSTRUED AND APPLIED AS FOLLOWS: 163
(A) TO FACILITATE ELECTRONIC TRANSACTIONS CONSISTENT WITH 165
OTHER APPLICABLE LAW; 166
(B) TO BE CONSISTENT WITH REASONABLE PRACTICES CONCERNING 168
ELECTRONIC TRANSACTIONS AND WITH THE CONTINUED EXPANSION OF THOSE 170
PRACTICES;
(C) TO EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM THE 172
LAW WITH RESPECT TO THE SUBJECT OF SECTIONS 1306.01 TO 1306.15 OF 173
THE REVISED CODE AMONG STATES ENACTING THE UNIFORM ELECTRONIC 174
TRANSACTIONS ACT.
Sec. 1306.06. (A) A RECORD OR SIGNATURE MAY NOT BE DENIED 176
LEGAL EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC 177
FORM.
(B) A CONTRACT MAY NOT BE DENIED LEGAL EFFECT OR 179
ENFORCEABILITY SOLELY BECAUSE AN ELECTRONIC RECORD WAS USED IN 180
ITS FORMATION.
(C) IF A LAW REQUIRES A RECORD TO BE IN WRITING, AN 182
ELECTRONIC RECORD SATISFIES THE LAW. 183
(D) IF A LAW REQUIRES A SIGNATURE, AN ELECTRONIC SIGNATURE 185
SATISFIES THE LAW. 186
Sec. 1306.07. (A) IF THE PARTIES HAVE AGREED TO CONDUCT A 188
TRANSACTION BY ELECTRONIC MEANS AND A LAW REQUIRES A PERSON TO 189
PROVIDE, SEND, OR DELIVER INFORMATION IN WRITING TO ANOTHER 190
PERSON, THE REQUIREMENT IS SATISFIED IF THE INFORMATION IS 192
PROVIDED, SENT, OR DELIVERED, AS THE CASE MAY BE, IN AN
ELECTRONIC RECORD CAPABLE OF RETENTION BY THE RECIPIENT AT THE 193
TIME OF RECEIPT. AN ELECTRONIC RECORD IS NOT CAPABLE OF 194
RETENTION BY THE RECIPIENT IF THE SENDER OR ITS INFORMATION 195
PROCESSING SYSTEM INHIBITS THE ABILITY OF THE RECIPIENT TO PRINT 196
OR STORE THE ELECTRONIC RECORD.
(B) IF A LAW OTHER THAN SECTIONS 1306.01 TO 1306.23 OF THE 198
6
REVISED CODE REQUIRES A RECORD TO BE POSTED OR DISPLAYED IN A 199
CERTAIN MANNER, TO BE SENT, COMMUNICATED, OR TRANSMITTED BY A 200
SPECIFIED METHOD, OR TO CONTAIN INFORMATION THAT IS FORMATTED IN 201
A CERTAIN MANNER, ALL OF THE FOLLOWING APPLY:
(1) THE RECORD SHALL BE POSTED OR DISPLAYED IN THE MANNER 203
SPECIFIED IN THE OTHER LAW. 204
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(2) OF 206
THIS SECTION, THE RECORD SHALL BE SENT, COMMUNICATED, OR 207
TRANSMITTED BY THE METHOD SPECIFIED IN THE OTHER LAW. 208
(3) THE RECORD SHALL CONTAIN THE INFORMATION FORMATTED IN 210
THE MANNER SPECIFIED IN THE OTHER LAW. 211
(C) IF A SENDER INHIBITS THE ABILITY OF A RECIPIENT TO 213
STORE OR PRINT AN ELECTRONIC RECORD, THE ELECTRONIC RECORD IS NOT 214
ENFORCEABLE AGAINST THE RECIPIENT. 215
(D) DIVISIONS (A), (B), AND (C) OF THIS SECTION MAY NOT BE 218
VARIED BY AGREEMENT, EXCEPT AS FOLLOWS:
(1) TO THE EXTENT A LAW, OTHER THAN SECTIONS 1306.01 TO 220
1306.23 OF THE REVISED CODE, REQUIRES INFORMATION TO BE PROVIDED, 221
SENT, OR DELIVERED IN WRITING BUT PERMITS THAT REQUIREMENT TO BE 222
VARIED BY AGREEMENT, THE REQUIREMENT UNDER DIVISION (A) OF THIS 223
SECTION THAT THE INFORMATION BE IN THE FORM OF AN ELECTRONIC 224
RECORD CAPABLE OF RETENTION ALSO MAY BE VARIED BY AGREEMENT;
(2) A REQUIREMENT UNDER A LAW, OTHER THAN SECTIONS 1306.01 226
TO 1306.23 OF THE REVISED CODE, TO SEND, COMMUNICATE, OR TRANSMIT 227
A RECORD BY REGULAR MAIL MAY BE VARIED BY AGREEMENT TO THE EXTENT 228
PERMITTED BY THE OTHER LAW.
Sec. 1306.08. (A) AN ELECTRONIC RECORD OR ELECTRONIC 231
SIGNATURE IS ATTRIBUTABLE TO A PERSON IF IT WAS THE ACT OF THE 232
PERSON. THE ACT OF THE PERSON MAY BE SHOWN IN ANY MANNER, 233
INCLUDING A SHOWING OF THE EFFICACY OF ANY SECURITY PROCEDURE 234
APPLIED TO DETERMINE THE PERSON TO WHICH THE ELECTRONIC RECORD OR 235
ELECTRONIC SIGNATURE IS ATTRIBUTABLE.
(B) THE EFFECT OF AN ELECTRONIC RECORD OR ELECTRONIC 237
SIGNATURE ATTRIBUTED TO A PERSON UNDER DIVISION (A) OF THIS 238
7
SECTION SHALL BE DETERMINED FROM THE CONTEXT AND SURROUNDING 239
CIRCUMSTANCES AT THE TIME OF ITS CREATION, EXECUTION, OR 240
ADOPTION, INCLUDING THE PARTIES' AGREEMENT, IF ANY, AND OTHERWISE 241
AS PROVIDED BY LAW.
Sec. 1306.09. (A) IF A CHANGE OR ERROR IN AN ELECTRONIC 243
RECORD OCCURS IN A TRANSMISSION BETWEEN PARTIES TO A TRANSACTION, 244
BOTH OF THE FOLLOWING APPLY: 245
(1) IF THE PARTIES HAVE AGREED TO USE A SECURITY PROCEDURE 247
TO DETECT CHANGES OR ERRORS AND ONE PARTY HAS CONFORMED TO THE 248
PROCEDURE, BUT THE OTHER PARTY HAS NOT, AND THE NONCONFORMING 249
PARTY WOULD HAVE DETECTED THE CHANGE OR ERROR HAD THAT PARTY ALSO 250
CONFORMED, THE CONFORMING PARTY MAY AVOID THE EFFECT OF THE 251
CHANGED OR ERRONEOUS ELECTRONIC RECORD.
(2) IN AN AUTOMATED TRANSACTION INVOLVING AN INDIVIDUAL, 253
THE INDIVIDUAL MAY AVOID THE EFFECT OF AN ELECTRONIC RECORD THAT 254
RESULTED FROM AN ERROR MADE BY THE INDIVIDUAL IN DEALING WITH THE 255
ELECTRONIC AGENT OF ANOTHER PERSON, IF THE ELECTRONIC AGENT DID 256
NOT PROVIDE AN OPPORTUNITY FOR THE PREVENTION OR CORRECTION OF 257
THE ERROR AND, AT THE TIME THE INDIVIDUAL LEARNS OF THE ERROR, 258
THE INDIVIDUAL DOES ALL OF THE FOLLOWING:
(a) THE INDIVIDUAL PROMPTLY NOTIFIES THE OTHER PERSON OF 260
THE ERROR AND THAT THE INDIVIDUAL DID NOT INTEND TO BE BOUND BY 262
THE ELECTRONIC RECORD RECEIVED BY THE OTHER PERSON. 263
(b) THE INDIVIDUAL TAKES REASONABLE STEPS, INCLUDING STEPS 265
THAT CONFORM TO THE OTHER PERSON'S REASONABLE INSTRUCTIONS, TO 267
RETURN TO THE OTHER PERSON OR, IF INSTRUCTED BY THE OTHER PERSON, 268
TO DESTROY THE CONSIDERATION RECEIVED, IF ANY, AS A RESULT OF THE 269
ERRONEOUS ELECTRONIC RECORD.
(c) THE INDIVIDUAL HAS NOT USED OR RECEIVED ANY BENEFIT OR 271
VALUE FROM THE CONSIDERATION, IF ANY, RECEIVED FROM THE OTHER 273
PERSON.
(B) IF DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT 276
APPLY, THE CHANGE OR ERROR HAS THE EFFECT PROVIDED BY OTHER LAW,
INCLUDING THE LAW OF MISTAKE, AND THE PARTIES' CONTRACT, IF ANY. 277
8
(C) DIVISIONS (A)(2) AND (B) OF THIS SECTION MAY NOT BE 281
VARIED BY AGREEMENT.
Sec. 1306.10. IF A LAW REQUIRES A SIGNATURE OR RECORD TO 283
BE NOTARIZED, ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE 284
REQUIREMENT IS SATISFIED IF THE ELECTRONIC SIGNATURE OF THE 285
PERSON AUTHORIZED TO PERFORM THOSE ACTS, TOGETHER WITH ALL OTHER 286
INFORMATION REQUIRED TO BE INCLUDED BY OTHER APPLICABLE LAW, IS 287
ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE SIGNATURE OR RECORD. 288
Sec. 1306.11. (A) IF A LAW REQUIRES THAT A RECORD BE 290
RETAINED, THE REQUIREMENT IS SATISFIED BY RETAINING AN ELECTRONIC 292
RECORD OF THE INFORMATION IN THE RECORD IF BOTH OF THE FOLLOWING 293
ARE SATISFIED:
(1) THE ELECTRONIC RECORD ACCURATELY AND COMPLETELY 295
REFLECTS THE INFORMATION SET FORTH IN THE RECORD AFTER IT WAS 297
FIRST GENERATED IN ITS FINAL FORM AS AN ELECTRONIC RECORD OR 298
OTHERWISE.
(2) THE ELECTRONIC RECORD REMAINS ACCESSIBLE FOR LATER 300
REFERENCE.
(B) A REQUIREMENT TO RETAIN A RECORD IN ACCORDANCE WITH 302
DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY INFORMATION 303
THE SOLE PURPOSE OF WHICH IS TO ENABLE THE RECORD TO BE SENT, 304
COMMUNICATED, OR RECEIVED. 305
(C) A PERSON SATISFIES DIVISION (A) OF THIS SECTION BY 307
USING THE SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF THAT 308
DIVISION ARE SATISFIED. 309
(D) IF A LAW REQUIRES A RECORD TO BE PRESENTED OR RETAINED 311
IN ITS ORIGINAL FORM, OR PROVIDES CONSEQUENCES IF THE RECORD IS 312
NOT PRESENTED OR RETAINED IN ITS ORIGINAL FORM, THAT LAW IS 313
SATISFIED BY AN ELECTRONIC RECORD RETAINED IN ACCORDANCE WITH 314
DIVISION (A) OF THIS SECTION.
(E) IF A LAW REQUIRES RETENTION OF A CHECK, THAT 316
REQUIREMENT IS SATISFIED BY RETENTION OF AN ELECTRONIC RECORD OF 317
THE INFORMATION ON THE FRONT AND BACK OF THE CHECK IN ACCORDANCE 318
WITH DIVISION (A) OF THIS SECTION. 319
9
(F) A RECORD RETAINED AS AN ELECTRONIC RECORD IN 321
ACCORDANCE WITH DIVISION (A) OF THIS SECTION SATISFIES A LAW 322
REQUIRING A PERSON TO RETAIN A RECORD FOR EVIDENTIARY, AUDIT, OR 323
SIMILAR PURPOSES, UNLESS A LAW ENACTED AFTER THE EFFECTIVE DATE 324
OF THIS SECTION SPECIFICALLY PROHIBITS THE USE OF AN ELECTRONIC 325
RECORD FOR THE SPECIFIED PURPOSE.
(G) THIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY 328
OF THIS STATE FROM SPECIFYING ADDITIONAL REQUIREMENTS FOR THE 330
RETENTION OF A RECORD SUBJECT TO THE AGENCY'S JURISDICTION.
Sec. 1306.12. IN A PROCEEDING, EVIDENCE OF A RECORD OR 332
SIGNATURE MAY NOT BE EXCLUDED SOLELY BECAUSE IT IS IN ELECTRONIC 333
FORM.
Sec. 1306.13. IN AN AUTOMATED TRANSACTION, ALL OF THE 335
FOLLOWING APPLY:
(A) A CONTRACT MAY BE FORMED BY THE INTERACTION OF 337
ELECTRONIC AGENTS OF THE PARTIES, EVEN IF NO INDIVIDUAL WAS AWARE 338
OF OR REVIEWED THE ELECTRONIC AGENTS' ACTIONS OR THE RESULTING 339
TERMS AND AGREEMENTS.
(B) A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN 341
ELECTRONIC AGENT AND AN INDIVIDUAL, ACTING ON THE INDIVIDUAL'S 342
OWN BEHALF OR FOR ANOTHER PERSON, INCLUDING BY AN INTERACTION IN 343
WHICH THE INDIVIDUAL PERFORMS ACTIONS THAT THE INDIVIDUAL IS FREE 344
TO REFUSE TO PERFORM AND THAT THE INDIVIDUAL KNOWS OR HAS REASON 345
TO KNOW WILL CAUSE THE ELECTRONIC AGENT TO COMPLETE THE
TRANSACTION OR PERFORMANCE. 346
(C) THE TERMS OF THE CONTRACT DESCRIBED IN THIS SECTION 348
ARE DETERMINED BY THE SUBSTANTIVE LAW APPLICABLE TO THE CONTRACT. 350
Sec. 1306.14. (A) UNLESS OTHERWISE AGREED BETWEEN THE 352
SENDER AND THE RECIPIENT, AN ELECTRONIC RECORD IS SENT WHEN IT 353
SATISFIES ALL OF THE FOLLOWING: 354
(1) THE RECORD IS ADDRESSED PROPERLY OR OTHERWISE DIRECTED 356
PROPERLY TO AN INFORMATION PROCESSING SYSTEM THAT THE RECIPIENT 357
HAS DESIGNATED OR USES FOR THE PURPOSE OF RECEIVING ELECTRONIC 358
RECORDS OR INFORMATION OF THE TYPE SENT, AND FROM WHICH THE 359
10
RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY 361
THE INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (A)(1) OF 362
THIS SECTION.
(3) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM 364
OUTSIDE THE CONTROL OF THE SENDER OR OF A PERSON THAT SENT THE 365
ELECTRONIC RECORD ON BEHALF OF THE SENDER, OR ENTERS A REGION OF 366
THE INFORMATION PROCESSING SYSTEM DESIGNATED OR USED BY THE 367
RECIPIENT THAT IS UNDER THE CONTROL OF THE RECIPIENT.
(B) UNLESS OTHERWISE AGREED BETWEEN A SENDER AND THE 369
RECIPIENT, AN ELECTRONIC RECORD IS RECEIVED WHEN BOTH OF THE 370
FOLLOWING ARE SATISFIED:
(1) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM 372
THAT THE RECIPIENT HAS DESIGNATED OR USES FOR THE PURPOSE OF 373
RECEIVING ELECTRONIC RECORDS OR INFORMATION OF THE TYPE SENT, AND 374
FROM WHICH THE RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC 375
RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY 377
THE INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (B)(1) OF 378
THIS SECTION.
(C) DIVISION (B) OF THIS SECTION APPLIES EVEN IF THE PLACE 381
THE INFORMATION PROCESSING SYSTEM IS LOCATED IS DIFFERENT FROM
THE PLACE THE ELECTRONIC RECORD IS DEEMED TO BE RECEIVED UNDER 382
DIVISION (D) OF THIS SECTION. 383
(D)(1) UNLESS OTHERWISE EXPRESSLY PROVIDED IN THE 385
ELECTRONIC RECORD OR AGREED BETWEEN THE SENDER AND THE RECIPIENT, 386
AN ELECTRONIC RECORD IS DEEMED TO BE SENT FROM THE SENDER'S PLACE 387
OF BUSINESS AND TO BE RECEIVED AT THE RECIPIENT'S PLACE OF 388
BUSINESS.
(2) FOR PURPOSES OF DIVISION (D)(1) OF THIS SECTION, BOTH 390
OF THE FOLLOWING APPLY: 391
(a) IF THE SENDER OR RECIPIENT HAS MORE THAN ONE PLACE OF 393
BUSINESS, THE PLACE OF BUSINESS OF THAT PERSON IS THE PLACE 394
HAVING THE CLOSEST RELATIONSHIP TO THE UNDERLYING TRANSACTION. 395
11
(b) IF THE SENDER OR THE RECIPIENT DOES NOT HAVE A PLACE 397
OF BUSINESS, THE PLACE OF BUSINESS IS THE SENDER'S OR RECIPIENT'S 398
RESIDENCE, AS THE CASE MAY BE. 399
(E) AN ELECTRONIC RECORD IS RECEIVED UNDER DIVISION (B) OF 402
THIS SECTION EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
(F) RECEIPT OF AN ELECTRONIC ACKNOWLEDGMENT FROM AN 404
INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (B) OF THIS 405
SECTION ESTABLISHES THAT A RECORD WAS RECEIVED, BUT, BY ITSELF, 406
DOES NOT ESTABLISH THAT THE CONTENT SENT CORRESPONDS TO THE 407
CONTENT RECEIVED.
(G)(1) IF A PERSON IS AWARE THAT AN ELECTRONIC RECORD 409
PURPORTEDLY SENT UNDER DIVISION (A) OF THIS SECTION, OR 410
PURPORTEDLY RECEIVED UNDER DIVISION (B) OF THIS SECTION, WAS NOT 412
ACTUALLY SENT OR RECEIVED, THE LEGAL EFFECT OF THE SENDING OR 413
RECEIPT IS DETERMINED BY OTHER APPLICABLE LAW.
(2) EXCEPT TO THE EXTENT PERMITTED BY OTHER LAW, DIVISION 415
(G)(1) OF THIS SECTION MAY NOT BE VARIED BY AGREEMENT. 416
Sec. 1306.15. (A) AS USED IN THIS SECTION, "TRANSFERABLE 418
RECORD" MEANS AN ELECTRONIC RECORD THAT SATISFIES BOTH OF THE 419
FOLLOWING:
(1) THE TRANSFERABLE RECORD WOULD BE A NOTE UNDER CHAPTER 421
1303. OR A DOCUMENT UNDER CHAPTER 1307. OF THE REVISED CODE, IF 422
THE ELECTRONIC RECORD WERE IN WRITING. 423
(2) THE ISSUER OF THE ELECTRONIC RECORD EXPRESSLY HAS 425
AGREED THAT IT IS A TRANSFERABLE RECORD. 426
(B) A PERSON HAS CONTROL OF A TRANSFERABLE RECORD IF A 428
SYSTEM EMPLOYED FOR EVIDENCING THE TRANSFER OF INTERESTS IN THE 429
TRANSFERABLE RECORD RELIABLY ESTABLISHES THAT PERSON AS THE 430
PERSON TO WHICH THE TRANSFERABLE RECORD WAS ISSUED OR 431
TRANSFERRED.
(C) A SYSTEM SATISFIES DIVISION (B) OF THIS SECTION, AND A 434
PERSON IS DEEMED TO HAVE CONTROL OF A TRANSFERABLE RECORD, IF THE
TRANSFERABLE RECORD IS CREATED, STORED, AND ASSIGNED IN SUCH A 435
MANNER THAT SATISFIES ALL OF THE FOLLOWING: 436
12
(1) A SINGLE AUTHORITATIVE COPY OF THE TRANSFERABLE RECORD 438
EXISTS THAT IS UNIQUE, IDENTIFIABLE, AND, EXCEPT AS PROVIDED IN 439
DIVISIONS (C)(4) TO (6) OF THIS SECTION, UNALTERABLE. 440
(2) THE AUTHORITATIVE COPY IDENTIFIES THE PERSON ASSERTING 442
CONTROL AS EITHER OF THE FOLLOWING: 443
(a) THE PERSON TO WHICH THE TRANSFERABLE RECORD WAS 445
ISSUED;
(b) IF THE AUTHORITATIVE COPY INDICATES THAT THE 447
TRANSFERABLE RECORD HAS BEEN TRANSFERRED, THE PERSON TO WHICH THE 448
TRANSFERABLE RECORD MOST RECENTLY WAS TRANSFERRED. 449
(3) THE AUTHORITATIVE COPY IS COMMUNICATED TO AND 451
MAINTAINED BY THE PERSON ASSERTING CONTROL OR ITS DESIGNATED 452
CUSTODIAN.
(4) COPIES OR REVISIONS THAT ADD OR CHANGE AN IDENTIFIED 454
ASSIGNEE OF THE AUTHORITATIVE COPY MAY BE MADE ONLY WITH THE 455
CONSENT OF THE PERSON ASSERTING CONTROL. 456
(5) EACH COPY OF THE AUTHORITATIVE COPY AND ANY COPY OF A 458
COPY IS READILY IDENTIFIABLE AS A COPY THAT IS NOT THE 459
AUTHORITATIVE COPY.
(6) ANY REVISION OF THE AUTHORITATIVE COPY IS READILY 461
IDENTIFIABLE AS AUTHORIZED OR UNAUTHORIZED. 462
(D)(1) EXCEPT AS OTHERWISE AGREED, A PERSON HAVING CONTROL 464
OF A TRANSFERABLE RECORD IS THE HOLDER, AS DEFINED IN SECTION 465
1301.01 OF THE REVISED CODE, OF THE TRANSFERABLE RECORD AND HAS 466
THE SAME RIGHTS AND DEFENSES AS A HOLDER OF AN EQUIVALENT RECORD 467
OR WRITING UNDER THE UNIFORM COMMERCIAL CODE. IF THE APPLICABLE 468
STATUTORY REQUIREMENTS UNDER SECTION 1303.32, 1307.29, OR 1309.27
OF THE REVISED CODE ARE SATISFIED, THESE RIGHTS AND DEFENSES 469
INCLUDE THE RIGHTS AND DEFENSES OF A HOLDER IN DUE COURSE, A 470
HOLDER TO WHICH A NEGOTIABLE DOCUMENT OF TITLE HAS BEEN DULY 471
NEGOTIATED, OR A PURCHASER, RESPECTIVELY.
(2) DELIVERY, POSSESSION, AND INDORSEMENT ARE NOT REQUIRED 473
TO OBTAIN OR EXERCISE ANY OF THE RIGHTS UNDER DIVISION (D)(1) OF 474
THIS SECTION.
13
(E) EXCEPT AS OTHERWISE AGREED, AN OBLIGOR UNDER A 476
TRANSFERABLE RECORD HAS THE SAME RIGHTS AND DEFENSES AS AN 477
EQUIVALENT OBLIGOR UNDER EQUIVALENT RECORDS OR WRITINGS UNDER THE 478
UNIFORM COMMERCIAL CODE.
(F)(1) IF REQUESTED BY A PERSON AGAINST WHICH ENFORCEMENT 480
IS SOUGHT, THE PERSON SEEKING TO ENFORCE THE TRANSFERABLE RECORD 481
SHALL PROVIDE REASONABLE PROOF THAT THE PERSON IS IN CONTROL OF 482
THE TRANSFERABLE RECORD.
(2) PROOF REQUIRED BY DIVISION (F)(1) OF THIS SECTION MAY 484
INCLUDE ACCESS TO THE AUTHORITATIVE COPY OF THE TRANSFERABLE 485
RECORD AND RELATED BUSINESS RECORDS SUFFICIENT TO REVIEW THE 486
TERMS OF THE TRANSFERABLE RECORD AND TO ESTABLISH THE IDENTITY OF 487
THE PERSON HAVING CONTROL OF THE TRANSFERABLE RECORD. 488
Sec. 1306.16. (A) A PROVISION OF A NONELECTRONIC CONTRACT 490
INVOLVING A CONSUMER AND TO WHICH A STATE AGENCY IS NOT A PARTY 491
THAT AUTHORIZES THE CONDUCTING OF A TRANSACTION OR ANY PART OF A 493
TRANSACTION BY ELECTRONIC MEANS IS UNENFORCEABLE AGAINST THE
CONSUMER, UNLESS THE CONSUMER SEPARATELY SIGNS THE PROVISION. 494
(B) A CONSUMER'S AGREEMENT TO CONDUCT A TRANSACTION OR A 496
PART OF A TRANSACTION ELECTRONICALLY SHALL NOT BE INFERRED SOLELY 497
FROM THE FACT THAT THE CONSUMER HAS USED ELECTRONIC MEANS TO PAY 498
AN ACCOUNT OR REGISTER A PURCHASE OR WARRANTY. 499
(C) DIVISIONS (A) AND (B) OF THIS SECTION APPLY TO EVERY 502
TRANSACTION DESCRIBED IN THOSE DIVISIONS NOTWITHSTANDING ANY
OTHER PROVISION OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED 504
CODE. THIS SECTION SHALL NOT BE VARIED BY AGREEMENT.
(D) FOR PURPOSES OF THIS SECTION, BOTH OF THE FOLLOWING 506
APPLY:
(1) "CONSUMER" MEANS AN INDIVIDUAL WHO IS INVOLVED IN A 509
TRANSACTION PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD
PURPOSES. 510
(2) "STATE AGENCY" MEANS EVERY ORGANIZED BODY, OFFICE, OR 512
AGENCY ESTABLISHED BY THE LAWS OF THE STATE FOR THE EXERCISE OF 513
ANY FUNCTION OF STATE GOVERNMENT. 514
14
Sec. 1306.17. (A) THIS SECTION AND SECTION 1306.18 OF THE 516
REVISED CODE APPLY TO THE ATTRIBUTION OF ELECTRONIC RECORDS AND 518
ELECTRONIC SIGNATURES AMONG PARTIES THAT ARE NOT STATE AGENCIES. 519
(B) FOR PURPOSES OF THIS SECTION AND SECTION 1306.18 OF 521
THE REVISED CODE, THE COMMERCIAL REASONABLENESS OF A SECURITY 523
PROCEDURE IS TO BE DETERMINED BY A COURT. IN MAKING THIS 524
DETERMINATION, BOTH OF THE FOLLOWING APPLY: 525
(1) A SECURITY PROCEDURE ESTABLISHED BY STATUTE OR 527
REGULATION IS EFFECTIVE FOR TRANSACTIONS COVERED BY THE STATUTE 528
OR REGULATION.
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(1) OF 530
THIS SECTION, THE COMMERCIAL REASONABLENESS AND EFFECTIVENESS IS 531
TO BE DETERMINED IN LIGHT OF THE PURPOSES OF THE SECURITY 532
PROCEDURE AND THE COMMERCIAL CIRCUMSTANCES AT THE TIME THE 533
PARTIES AGREE TO OR ADOPT THE PROCEDURE. 534
(C) AS USED IN THIS SECTION, "STATE AGENCY" MEANS EVERY 536
ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS OF THE 537
STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE GOVERNMENT. 538
Sec. 1306.18. (A) IF THERE IS A SECURITY PROCEDURE 540
BETWEEN THE PARTIES WITH RESPECT TO AN ELECTRONIC SIGNATURE OR 541
ELECTRONIC RECORD, BOTH OF THE FOLLOWING APPLY: 542
(1) THE EFFECT OF COMPLIANCE WITH A SECURITY PROCEDURE 544
ESTABLISHED BY A LAW OR REGULATION IS DETERMINED BY THAT LAW OR 545
REGULATION. 546
(2) IN ALL OTHER CASES THAN THOSE DESCRIBED IN DIVISION 548
(A)(1) OF THIS SECTION, IF THE PARTIES AGREE TO USE OR OTHERWISE 549
KNOWINGLY ADOPT A SECURITY PROCEDURE TO VERIFY THE PERSON FROM 550
WHICH AN ELECTRONIC SIGNATURE OR ELECTRONIC RECORD HAS BEEN SENT, 551
THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS ATTRIBUTABLE TO 552
THE PERSON IDENTIFIED BY THE SECURITY PROCEDURE, IF THE PERSON 553
RELYING ON THE ATTRIBUTION ESTABLISHES ALL OF THE FOLLOWING: 554
(a) THE SECURITY PROCEDURE IS COMMERCIALLY REASONABLE. 556
(b) THE PARTY ACCEPTED OR RELIED ON THE ELECTRONIC MESSAGE 558
IN GOOD FAITH AND IN COMPLIANCE WITH THE SECURITY PROCEDURE AND 559
15
ANY ADDITIONAL AGREEMENT WITH OR SEPARATE INSTRUCTIONS OF THE 561
OTHER PARTY.
(c) THE SECURITY PROCEDURE INDICATES THAT THE ELECTRONIC 563
MESSAGE IS FROM THE PERSON TO WHICH ATTRIBUTION IS SOUGHT. 564
(B) IF THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS 566
NOT ATTRIBUTABLE TO A PARTY UNDER SECTION 1306.08 OF THE REVISED 567
CODE BUT IS ATTRIBUTABLE TO THE PARTY UNDER OTHER PROVISIONS OF 568
THIS SECTION, THEN, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS 569
SECTION, THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS NOT 570
ATTRIBUTABLE TO THE PARTY IF THE PARTY ESTABLISHES THAT THE 571
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD WAS CAUSED DIRECTLY OR 572
INDIRECTLY BY A PERSON MEETING ANY OF THE FOLLOWING: 573
(1) THE PERSON WAS NOT ENTRUSTED AT ANY TIME WITH THE 575
RIGHT OR DUTY TO ACT FOR THE PARTY WITH RESPECT TO SUCH 576
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD OR SECURITY PROCEDURE. 577
(2) THE PERSON LAWFULLY OBTAINED ACCESS TO TRANSMITTING 579
FACILITIES OF THE PARTY, IF SUCH ACCESS FACILITATED THE MISUSE OF 580
THE SECURITY PROCEDURE. 581
(3) THE PERSON OBTAINED, FROM A SOURCE CONTROLLED BY THE 583
PARTY, INFORMATION FACILITATING MISUSE OF THE SECURITY PROCEDURE. 584
(C) IF THE PARTIES USE A COMMERCIALLY REASONABLE SECURITY 586
PROCEDURE TO DETECT ERRORS OR CHANGES WITH RESPECT TO AN 587
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD, BOTH OF THE FOLLOWING 588
APPLY:
(1) THE EFFECT OF A SECURITY PROCEDURE IS DETERMINED BY 590
THE AGREEMENT BETWEEN THE PARTIES, OR, IN THE ABSENCE OF AN 591
AGREEMENT, BY THIS SECTION OR ANY LAW ESTABLISHING THE SECURITY 592
PROCEDURE.
(2) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, IF A 594
SECURITY PROCEDURE INDICATES THAT AN ELECTRONIC SIGNATURE OR 595
ELECTRONIC RECORD HAS NOT BEEN ALTERED SINCE A PARTICULAR TIME, 596
IT SHALL BE TREATED AS NOT HAVING BEEN ALTERED SINCE THAT TIME. 597
Sec. 1306.19. SECTIONS 1306.17 AND 1306.18 OF THE REVISED 599
CODE DO NOT APPLY TO TRANSACTIONS TO WHICH A CONSUMER IS A PARTY. 600
16
Sec. 1306.20. (A) SUBJECT TO SECTION 1306.11 OF THE 602
REVISED CODE, EACH STATE AGENCY SHALL DETERMINE IF, AND THE 603
EXTENT TO WHICH, IT WILL SEND AND RECEIVE ELECTRONIC RECORDS AND 604
ELECTRONIC SIGNATURES TO AND FROM OTHER PERSONS AND OTHERWISE 605
CREATE, GENERATE, COMMUNICATE, STORE, PROCESS, USE, AND RELY UPON 607
ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(B)(1) SUBJECT TO DIVISION (B)(2) OF THIS SECTION, A STATE 610
AGENCY MAY WAIVE A REQUIREMENT IN THE REVISED CODE, OTHER THAN A 611
REQUIREMENT IN SECTIONS 1306.01 TO 1306.15 OF THE REVISED CODE, 612
THAT RELATES TO ANY OF THE FOLLOWING:
(a) THE METHOD OF POSTING OR DISPLAYING RECORDS; 614
(b) THE MANNER OF SENDING, COMMUNICATING, OR TRANSMITTING 616
RECORDS; 617
(c) THE MANNER OF FORMATTING RECORDS. 619
(2) A STATE AGENCY MAY EXERCISE ITS AUTHORITY TO WAIVE A 621
REQUIREMENT UNDER DIVISION (B)(1) OF THIS SECTION ONLY IF THE 622
FOLLOWING APPLY: 623
(a) THE REQUIREMENT RELATES TO A MATTER OVER WHICH THE 625
STATE AGENCY HAS JURISDICTION; 626
(b) THE WAIVER IS CONSISTENT WITH CRITERIA SET FORTH IN 628
RULES ADOPTED BY THE STATE AGENCY. THE CRITERIA, TO THE EXTENT 629
REASONABLE UNDER THE CIRCUMSTANCES, SHALL CONTAIN STANDARDS TO 630
FACILITATE THE USE OF ELECTRONIC COMMERCE BY PERSONS UNDER THE 631
JURISDICTION OF THE STATE AGENCY CONSISTENT WITH RULES ADOPTED BY 632
THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION 633
(A) OF SECTION 1306.21 OF THE REVISED CODE.
(C) IF A STATE AGENCY CREATES, USES, RECEIVES, OR RETAINS 635
ELECTRONIC RECORDS, BOTH OF THE FOLLOWING APPLY: 636
(1) ANY RULES ADOPTED BY A STATE AGENCY RELATING TO 638
ELECTRONIC RECORDS SHALL BE CONSISTENT WITH RULES ADOPTED BY THE 639
DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF 640
SECTION 1306.21 OF THE REVISED CODE. 641
(2) EACH STATE AGENCY SHALL CREATE, USE, RECEIVE, AND 643
RETAIN ELECTRONIC RECORDS IN ACCORDANCE WITH SECTION 149.40 OF 644
17
THE REVISED CODE. 645
(D) IF A STATE AGENCY CREATES, USES, OR RECEIVES 647
ELECTRONIC SIGNATURES, THE STATE AGENCY SHALL CREATE, USE, OR 648
RECEIVE THE SIGNATURES IN ACCORDANCE WITH RULES ADOPTED BY THE 649
DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF 650
SECTION 1306.21 OF THE REVISED CODE. 651
(E)(1) TO THE EXTENT A STATE AGENCY RETAINS AN ELECTRONIC 653
RECORD, THE STATE AGENCY MAY RETAIN A RECORD IN A FORMAT THAT IS 654
DIFFERENT FROM THE FORMAT IN WHICH THE RECORD WAS ORIGINALLY 655
CREATED, USED, SENT, OR RECEIVED ONLY IF IT CAN BE DEMONSTRATED 656
THAT THE ALTERNATIVE FORMAT USED ACCURATELY AND COMPLETELY 657
REFLECTS THE RECORD AS IT WAS ORIGINALLY CREATED, USED, SENT, OR 658
RECEIVED.
(2) IF A STATE AGENCY IN RETAINING ANY SET OF ELECTRONIC 660
RECORDS PURSUANT TO DIVISION (E)(1) OF THIS SECTION ALTERS THE 661
FORMAT OF THE RECORDS, THE STATE AGENCY SHALL CREATE A 662
CERTIFICATE OF AUTHENTICITY FOR EACH SET OF RECORDS THAT IS 664
ALTERED.
(3) THE DEPARTMENT OF ADMINISTRATIVE SERVICES, IN 666
CONSULTATION WITH THE STATE ARCHIVIST, SHALL ADOPT RULES IN 667
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT ESTABLISH 668
THE METHODS FOR CREATING CERTIFICATES OF AUTHENTICITY PURSUANT TO 669
DIVISION (E)(2) OF THIS SECTION. 670
(F) WHENEVER ANY RULE OF LAW REQUIRES OR AUTHORIZES THE 672
FILING OF ANY INFORMATION, NOTICE, LIEN, OR OTHER DOCUMENT OR 673
RECORD WITH ANY STATE AGENCY, A FILING MADE BY AN ELECTRONIC 674
RECORD SHALL HAVE THE SAME FORCE AND EFFECT AS A FILING MADE ON 675
PAPER IN ALL CASES WHERE THE STATE AGENCY HAS AUTHORIZED OR 676
AGREED TO SUCH ELECTRONIC FILING AND THE FILING IS MADE IN
ACCORDANCE WITH APPLICABLE RULES OR AGREEMENT. 677
(G) NOTHING IN SECTIONS 1306.01 TO 1306.23 OF THE REVISED 680
CODE SHALL BE CONSTRUED TO REQUIRE ANY STATE AGENCY TO USE OR 681
PERMIT THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(H)(1) NOTWITHSTANDING DIVISION (C)(1) OR (D) OF THIS 684
18
SECTION, ANY STATE AGENCY THAT, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, USED OR PERMITTED THE USE OF ELECTRONIC RECORDS OR 685
ELECTRONIC SIGNATURES PURSUANT TO LAWS ENACTED, RULES ADOPTED, OR 686
AGENCY POLICIES ADOPTED BEFORE THE EFFECTIVE DATE OF THIS 687
SECTION, MAY USE OR PERMIT THE USE OF ELECTRONIC RECORDS OR 688
ELECTRONIC SIGNATURES PURSUANT TO THOSE PREVIOUSLY ENACTED LAWS, 689
ADOPTED RULES, OR ADOPTED POLICIES FOR A PERIOD OF TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION. 690
(2) SUBJECT TO DIVISION (H)(3) OF THIS SECTION, AFTER THE 692
TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) OF THIS SECTION HAS 693
CONCLUDED, ALL STATE AGENCIES THAT USE OR PERMIT THE USE OF 694
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES BEFORE THE EFFECTIVE 695
DATE OF THIS SECTION SHALL ONLY USE OR PERMIT THE USE OF 696
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES CONSISTENT WITH RULES 697
ADOPTED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO 698
DIVISION (A) OF SECTION 1306.21 OF THE REVISED CODE. 699
(3) AFTER THE TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) 701
OF THIS SECTION HAS CONCLUDED, THE DEPARTMENT OF ADMINISTRATIVE 702
SERVICES MAY PERMIT A STATE AGENCY TO USE ELECTRONIC RECORDS OR 704
ELECTRONIC SIGNATURES THAT DO NOT COMPLY WITH DIVISION (H)(2) OF 705
THIS SECTION, IF THE STATE AGENCY FILES A WRITTEN REQUEST WITH 706
THE DEPARTMENT.
(I) FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS 709
EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS 710
OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT, BUT DOES NOT INCLUDE THE GENERAL ASSEMBLY OR THE 712
SUPREME COURT.
Sec. 1306.21. (A) WITH REGARD TO STATE AGENCY USE OF 715
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES, THE DEPARTMENT OF 717
ADMINISTRATIVE SERVICES, IN CONSULTATION WITH THE STATE 718
ARCHIVIST, SHALL ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF 719
THE REVISED CODE SETTING FORTH ALL OF THE FOLLOWING: 720
(1) THE MINIMUM REQUIREMENTS FOR THE METHOD OF CREATION, 722
MAINTENANCE, AND SECURITY OF ELECTRONIC RECORDS AND ELECTRONIC 723
19
SIGNATURES; 724
(2) IF ELECTRONIC RECORDS MUST BE SIGNED BY ELECTRONIC 726
MEANS, ALL OF THE FOLLOWING: 727
(a) THE TYPE OF ELECTRONIC SIGNATURE REQUIRED; 729
(b) THE MANNER AND FORMAT IN WHICH THE ELECTRONIC 731
SIGNATURE MUST BE AFFIXED TO THE ELECTRONIC RECORD; 732
(c) THE IDENTITY OF, OR CRITERIA THAT MUST BE MET BY, ANY 734
THIRD PARTY USED BY THE PERSON FILING A DOCUMENT TO FACILITATE 735
THE PROCESS.
(3) CONTROL PROCESSES AND PROCEDURES AS APPROPRIATE TO 737
ENSURE ADEQUATE PRESERVATION, DISPOSITION, INTEGRITY, SECURITY, 738
CONFIDENTIALITY, AND AUDITABILITY OF ELECTRONIC RECORDS; 739
(4) ANY OTHER REQUIRED ATTRIBUTES FOR ELECTRONIC RECORDS 741
THAT ARE SPECIFIED FOR CORRESPONDING NONELECTRONIC RECORDS OR ARE 743
REASONABLY NECESSARY UNDER THE CIRCUMSTANCES. 744
(B) THE GENERAL ASSEMBLY AND THE SUPREME COURT ALSO MAY 746
ADOPT RULES PERTAINING TO THE USE OF ELECTRONIC RECORDS AND 747
ELECTRONIC SIGNATURES BY THEIR RESPECTIVE AGENCIES. 748
(C) FOR PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS 751
EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS 752
OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT, BUT DOES NOT INCLUDE THE GENERAL ASSEMBLY OR THE 755
SUPREME COURT.
Sec. 1306.22. (A) THE DEPARTMENT OF ADMINISTRATIVE 758
SERVICES MAY ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE 760
REVISED CODE TO ENSURE CONSISTENCY AND INTEROPERABILITY AMONG 761
STATE AGENCIES WITH REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC 762
SIGNATURES, AND SECURITY PROCEDURES. 763
(B) IF THE DEPARTMENT OF ADMINISTRATIVE SERVICES ADOPTS 765
RULES PURSUANT TO DIVISION (A) OF THIS SECTION, THE DEPARTMENT 767
SHALL CONSIDER CONSISTENCY IN APPLICATIONS AND INTEROPERABILITY 768
WITH GOVERNMENTAL AGENCIES OF THIS STATE, AGENCIES OF OTHER 770
STATES, THE FEDERAL GOVERNMENT, AND NONGOVERNMENTAL PERSONS TO 771
THE EXTENT PRACTICABLE WHEN ADOPTING RULES PURSUANT TO THAT 772
20
DIVISION.
(C) WITH REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC 774
SIGNATURES, AND SECURITY PROCEDURES, THE DEPARTMENT OF 775
ADMINISTRATIVE SERVICES MAY PUBLISH RECOMMENDATIONS FOR 776
GOVERNMENTAL AGENCIES AND NONGOVERNMENTAL PERSONS TO PROMOTE 777
CONSISTENCY AND INTEROPERABILITY AMONG NONGOVERNMENTAL PERSONS, 778
AGENCIES OF THIS STATE AND OTHER STATES, AND THE FEDERAL 779
GOVERNMENT.
(D) FOR PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS 781
EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS 782
OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE 783
GOVERNMENT, BUT DOES NOT INCLUDE THE GENERAL ASSEMBLY OR THE 784
SUPREME COURT.
Sec. 1306.23. RECORDS THAT WOULD DISCLOSE OR MAY LEAD TO 787
THE DISCLOSURE OF RECORDS OR INFORMATION THAT WOULD JEOPARDIZE 788
THE STATE'S CONTINUED USE OR SECURITY OF ANY COMPUTER OR 789
TELECOMMUNICATIONS DEVICES OR SERVICES ASSOCIATED WITH ELECTRONIC 790
SIGNATURES, ELECTRONIC RECORDS, OR ELECTRONIC TRANSACTIONS ARE 791
NOT PUBLIC RECORDS FOR PURPOSES OF SECTION 149.43 OF THE REVISED 792
CODE.
Section 2. The Department of Administrative Services shall 795
file, in accordance with section 111.15 of the Revised Code, 796
initial rules adopted pursuant to division (A) of section 1306.21 797
of the Revised Code not later than ninety days after the 798
effective date of this act. 799
Section 3. If any provision of this act or its application 801
to any person or circumstance is held invalid, the invalidity 802
does not affect other provisions or applications of this act that 803
can be given effect without the invalid provision or application, 804
and to this end the provisions of this act are severable. 805