As Reported by the Senate Finance and 2
Financial Institutions Committee 2
123rd General Assembly 5
Regular Session Sub. H. B. No. 488 6
1999-2000 7
REPRESENTATIVES TERWILLEGER-AMSTUTZ-HOUSEHOLDER-HARRIS- 9
GARDNER-TIBERI-CAREY-MOTTLEY-CORBIN-METZGER-HOLLISTER- 11
VAN VYVEN-WILLAMOWSKI-OLMAN-DePIERO-LUEBBERS-THOMAS-
TRAKAS-GOODMAN-HOOPS-AUSTRIA-DAMSCHRODER-HARTNETT-SYKES- 12
MAIER-BRADING-PETERSON-MEAD-SCHULER-METELSKY-TAYLOR- 13
JOLIVETTE-BUEHRER-FLANNERY-D. MILLER-ROBINSON-ALLEN- 14
EVANS-VERICH-STEVENS-WILSON-MYERS-DISTEL-CALVERT-SALERNO- 15
WIDENER-BARRETT-CATES-O'BRIEN-WINKLER-PATTON-GOODING- 16
BRITTON-BARNES-HOLLISTER-SYKES- 18
SENATORS GARDNER-FINGERHUT-HERINGTON
_________________________________________________________________ 20
A B I L L
To enact sections 1306.01 to 1306.23 of the Revised 23
Code to enact the Uniform Electronic Transactions
Act by providing for regulation of electronic 24
records and electronic signatures; to provide for 25
consumer electronic transactions and security 26
procedures between parties; and to provide for 27
the use of electronic records and signatures by 28
state agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 30
Section 1. That sections 1306.01, 1306.02, 1306.03, 32
1306.04, 1306.05, 1306.06, 1306.07, 1306.08, 1306.09, 1306.10, 33
1306.11, 1306.12, 1306.13, 1306.14, 1306.15, 1306.16, 1306.17, 34
1306.18, 1306.19, 1306.20, 1306.21, 1306.22, and 1306.23 of the 36
Revised Code be enacted to read as follows: 37
Sec. 1306.01. AS USED IN SECTIONS 1306.01 TO 1306.23 OF 39
THE REVISED CODE:
2
(A) "AGREEMENT" MEANS THE BARGAIN OF THE PARTIES IN FACT, 41
AS FOUND IN THEIR LANGUAGE OR INFERRED FROM OTHER CIRCUMSTANCES 42
AND FROM RULES, REGULATIONS, AND PROCEDURES GIVEN THE EFFECT OF 43
AGREEMENTS UNDER LAWS OTHERWISE APPLICABLE TO A PARTICULAR 44
TRANSACTION.
(B) "AUTOMATED TRANSACTION" MEANS A TRANSACTION CONDUCTED 46
OR PERFORMED, IN WHOLE OR IN PART, BY ELECTRONIC MEANS OR 47
ELECTRONIC RECORDS, IN WHICH THE ACTS OR RECORDS OF ONE OR BOTH 48
PARTIES ARE NOT REVIEWED BY AN INDIVIDUAL IN THE ORDINARY COURSE 49
IN FORMING A CONTRACT, PERFORMING UNDER AN EXISTING CONTRACT, OR 50
FULFILLING AN OBLIGATION REQUIRED BY THE TRANSACTION.
(C) "COMPUTER PROGRAM" MEANS A SET OF STATEMENTS OR 52
INSTRUCTIONS TO BE USED DIRECTLY OR INDIRECTLY IN AN INFORMATION 53
PROCESSING SYSTEM IN ORDER TO BRING ABOUT A CERTAIN RESULT. 54
(D) "CONTRACT" MEANS THE TOTAL LEGAL OBLIGATION RESULTING 56
FROM THE PARTIES' AGREEMENT AS AFFECTED BY SECTIONS 1306.01 TO 57
1306.23 OF THE REVISED CODE AND OTHER APPLICABLE LAW. 58
(E) "ELECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING 60
ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, 61
ELECTROMAGNETIC, OR SIMILAR CAPABILITIES. 62
(F) "ELECTRONIC AGENT" MEANS A COMPUTER PROGRAM OR AN 64
ELECTRONIC OR OTHER AUTOMATED MEANS USED INDEPENDENTLY TO 65
INITIATE AN ACTION OR RESPOND TO ELECTRONIC RECORDS OR 66
PERFORMANCES IN WHOLE OR IN PART, WITHOUT REVIEW OR ACTION BY AN 67
INDIVIDUAL.
(G) "ELECTRONIC RECORD" MEANS A RECORD CREATED, GENERATED, 69
SENT, COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC MEANS. 70
(H) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, 72
SYMBOL, OR PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A 73
RECORD AND EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO 74
SIGN THE RECORD.
(I) "GOVERNMENTAL AGENCY" MEANS ANY EXECUTIVE, 76
LEGISLATIVE, OR JUDICIAL AGENCY, DEPARTMENT, BOARD, COMMISSION, 77
AUTHORITY, INSTITUTION, OR INSTRUMENTALITY OF THE FEDERAL 78
3
GOVERNMENT, OF A STATE, OR OF A COUNTY, MUNICIPALITY, OR OTHER 79
POLITICAL SUBDIVISION OF A STATE. 80
(J) "INFORMATION" MEANS DATA, TEXT, IMAGES, SOUNDS, CODES, 82
COMPUTER PROGRAMS, SOFTWARE, DATABASES, OR THE LIKE. 83
(K) "INFORMATION PROCESSING SYSTEM" MEANS AN ELECTRONIC 85
SYSTEM FOR CREATING, GENERATING, SENDING, RECEIVING, STORING, 86
DISPLAYING, OR PROCESSING INFORMATION. 87
(L) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS 89
TRUST, ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, 90
ASSOCIATION, JOINT VENTURE, GOVERNMENTAL AGENCY, PUBLIC 91
CORPORATION, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY. 93
(M) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A 95
TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER 96
MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM. 97
(N) "SECURITY PROCEDURE" MEANS A PROCEDURE EMPLOYED FOR 99
THE PURPOSE OF VERIFYING THAT AN ELECTRONIC SIGNATURE, RECORD, OR 100
PERFORMANCE IS THAT OF A SPECIFIC PERSON OR FOR DETECTING CHANGES 101
OR ERRORS IN THE INFORMATION IN AN ELECTRONIC RECORD. "SECURITY 102
PROCEDURE" INCLUDES A PROCEDURE THAT REQUIRES THE USE OF 103
ALGORITHMS OR OTHER CODES, IDENTIFYING WORD OR NUMBERS, 104
ENCRYPTION, OR CALLBACK OR OTHER ACKNOWLEDGMENT PROCEDURES.
(O) "STATE" MEANS A STATE OF THE UNITED STATES, THE 107
DISTRICT OF COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN 108
ISLANDS, OR ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE 109
JURISDICTION OF THE UNITED STATES. "STATE" INCLUDES AN INDIAN 110
TRIBE OR BAND, OR ALASKAN NATIVE VILLAGE, THAT IS RECOGNIZED BY 111
FEDERAL LAW OR FORMALLY ACKNOWLEDGED BY A STATE. 112
(P) "TRANSACTION" MEANS AN ACTION OR SET OF ACTIONS 114
OCCURRING BETWEEN TWO OR MORE PERSONS RELATING TO THE CONDUCT OF 115
BUSINESS, COMMERCIAL, OR GOVERNMENTAL AFFAIRS. 116
Sec. 1306.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 118
THIS SECTION, SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE 119
APPLY TO ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES RELATING TO 120
A TRANSACTION.
4
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE DO NOT 123
APPLY TO A TRANSACTION TO THE EXTENT IT IS GOVERNED BY ANY OF THE 124
FOLLOWING:
(1) A LAW GOVERNING THE CREATION AND EXECUTION OF WILLS, 126
CODICILS, OR TESTAMENTARY TRUSTS; 127
(2) CHAPTER 1301., EXCEPT SECTIONS 1301.07 AND 1301.12, 129
AND CHAPTERS 1303., 1304., 1305., 1306., 1307., 1308., AND 1309. 130
OF THE REVISED CODE.
Sec. 1306.03. SECTIONS 1306.01 TO 1306.23 OF THE REVISED 133
CODE APPLY TO ANY ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
CREATED, GENERATED, SENT, COMMUNICATED, RECEIVED, OR STORED ON OR 134
AFTER THE EFFECTIVE DATE OF SECTIONS 1306.01 TO 1306.23 OF THE 135
REVISED CODE.
Sec. 1306.04. (A) SECTIONS 1306.01 TO 1306.23 OF THE 137
REVISED CODE DO NOT REQUIRE A RECORD OR SIGNATURE TO BE CREATED, 138
GENERATED, SENT, COMMUNICATED, RECEIVED, STORED, OR OTHERWISE 139
PROCESSED OR USED BY ELECTRONIC MEANS OR IN ELECTRONIC FORM. 140
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE APPLY 143
ONLY TO TRANSACTIONS BETWEEN PARTIES EACH OF WHICH HAS AGREED TO 144
CONDUCT TRANSACTIONS BY ELECTRONIC MEANS. WHETHER THE PARTIES
AGREE TO CONDUCT A TRANSACTION BY ELECTRONIC MEANS IS DETERMINED 146
FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES, INCLUDING THE 147
PARTIES' CONDUCT.
(C) A PARTY THAT AGREES TO CONDUCT A TRANSACTION BY 149
ELECTRONIC MEANS MAY REFUSE TO CONDUCT OTHER TRANSACTIONS BY 150
ELECTRONIC MEANS. THE RIGHT GRANTED BY THIS DIVISION MAY NOT BE 151
WAIVED BY AGREEMENT.
(D) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 1306.01 TO 153
1306.23 OF THE REVISED CODE, ANY OF THE PROVISIONS OF SUCH 155
SECTIONS MAY BE VARIED BY AGREEMENT. THE PRESENCE IN CERTAIN
PROVISIONS OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE OF 156
THE WORDS "UNLESS OTHERWISE AGREED," OR WORDS OF SIMILAR IMPORT, 157
DOES NOT IMPLY THAT THE EFFECT OF OTHER PROVISIONS MAY NOT BE 158
VARIED BY AGREEMENT.
5
(E) WHETHER AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE 160
HAS LEGAL CONSEQUENCES IS DETERMINED BY SECTIONS 1306.01 TO 161
1306.23 OF THE REVISED CODE AND OTHER APPLICABLE LAW. 162
Sec. 1306.05. SECTIONS 1306.01 TO 1306.15 OF THE REVISED 164
CODE MAY BE KNOWN AND CITED AS THE "UNIFORM ELECTRONIC 165
TRANSACTIONS ACT" AND SHALL BE CONSTRUED AND APPLIED AS FOLLOWS: 166
(A) TO FACILITATE ELECTRONIC TRANSACTIONS CONSISTENT WITH 168
OTHER APPLICABLE LAW; 169
(B) TO BE CONSISTENT WITH REASONABLE PRACTICES CONCERNING 171
ELECTRONIC TRANSACTIONS AND WITH THE CONTINUED EXPANSION OF THOSE 173
PRACTICES;
(C) TO EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM THE 175
LAW WITH RESPECT TO THE SUBJECT OF SECTIONS 1306.01 TO 1306.15 OF 176
THE REVISED CODE AMONG STATES ENACTING THE UNIFORM ELECTRONIC 177
TRANSACTIONS ACT.
Sec. 1306.06. (A) A RECORD OR SIGNATURE MAY NOT BE DENIED 179
LEGAL EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC 180
FORM.
(B) A CONTRACT MAY NOT BE DENIED LEGAL EFFECT OR 182
ENFORCEABILITY SOLELY BECAUSE AN ELECTRONIC RECORD WAS USED IN 183
ITS FORMATION.
(C) IF A LAW REQUIRES A RECORD TO BE IN WRITING, AN 185
ELECTRONIC RECORD SATISFIES THE LAW. 186
(D) IF A LAW REQUIRES A SIGNATURE, AN ELECTRONIC SIGNATURE 188
SATISFIES THE LAW. 189
Sec. 1306.07. (A) IF THE PARTIES HAVE AGREED TO CONDUCT A 191
TRANSACTION BY ELECTRONIC MEANS AND A LAW REQUIRES A PERSON TO 192
PROVIDE, SEND, OR DELIVER INFORMATION IN WRITING TO ANOTHER 193
PERSON, THE REQUIREMENT IS SATISFIED IF THE INFORMATION IS 195
PROVIDED, SENT, OR DELIVERED, AS THE CASE MAY BE, IN AN
ELECTRONIC RECORD CAPABLE OF RETENTION BY THE RECIPIENT AT THE 196
TIME OF RECEIPT. AN ELECTRONIC RECORD IS NOT CAPABLE OF 197
RETENTION BY THE RECIPIENT IF THE SENDER OR ITS INFORMATION 198
PROCESSING SYSTEM INHIBITS THE ABILITY OF THE RECIPIENT TO PRINT 199
6
OR STORE THE ELECTRONIC RECORD.
(B) IF A LAW OTHER THAN SECTIONS 1306.01 TO 1306.23 OF THE 201
REVISED CODE REQUIRES A RECORD TO BE POSTED OR DISPLAYED IN A 202
CERTAIN MANNER, TO BE SENT, COMMUNICATED, OR TRANSMITTED BY A 203
SPECIFIED METHOD, OR TO CONTAIN INFORMATION THAT IS FORMATTED IN 204
A CERTAIN MANNER, ALL OF THE FOLLOWING APPLY:
(1) THE RECORD SHALL BE POSTED OR DISPLAYED IN THE MANNER 206
SPECIFIED IN THE OTHER LAW. 207
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(2) OF 209
THIS SECTION, THE RECORD SHALL BE SENT, COMMUNICATED, OR 210
TRANSMITTED BY THE METHOD SPECIFIED IN THE OTHER LAW. 211
(3) THE RECORD SHALL CONTAIN THE INFORMATION FORMATTED IN 213
THE MANNER SPECIFIED IN THE OTHER LAW. 214
(C) IF A SENDER INHIBITS THE ABILITY OF A RECIPIENT TO 216
STORE OR PRINT AN ELECTRONIC RECORD, THE ELECTRONIC RECORD IS NOT 217
ENFORCEABLE AGAINST THE RECIPIENT. 218
(D) DIVISIONS (A), (B), AND (C) OF THIS SECTION MAY NOT BE 221
VARIED BY AGREEMENT, EXCEPT AS FOLLOWS:
(1) TO THE EXTENT A LAW, OTHER THAN SECTIONS 1306.01 TO 223
1306.23 OF THE REVISED CODE, REQUIRES INFORMATION TO BE PROVIDED, 224
SENT, OR DELIVERED IN WRITING BUT PERMITS THAT REQUIREMENT TO BE 225
VARIED BY AGREEMENT, THE REQUIREMENT UNDER DIVISION (A) OF THIS 226
SECTION THAT THE INFORMATION BE IN THE FORM OF AN ELECTRONIC 227
RECORD CAPABLE OF RETENTION ALSO MAY BE VARIED BY AGREEMENT;
(2) A REQUIREMENT UNDER A LAW, OTHER THAN SECTIONS 1306.01 229
TO 1306.23 OF THE REVISED CODE, TO SEND, COMMUNICATE, OR TRANSMIT 230
A RECORD BY REGULAR MAIL MAY BE VARIED BY AGREEMENT TO THE EXTENT 231
PERMITTED BY THE OTHER LAW.
Sec. 1306.08. (A) AN ELECTRONIC RECORD OR ELECTRONIC 234
SIGNATURE IS ATTRIBUTABLE TO A PERSON IF IT WAS THE ACT OF THE 235
PERSON. THE ACT OF THE PERSON MAY BE SHOWN IN ANY MANNER, 236
INCLUDING A SHOWING OF THE EFFICACY OF ANY SECURITY PROCEDURE 237
APPLIED TO DETERMINE THE PERSON TO WHICH THE ELECTRONIC RECORD OR 238
ELECTRONIC SIGNATURE IS ATTRIBUTABLE.
7
(B) THE EFFECT OF AN ELECTRONIC RECORD OR ELECTRONIC 240
SIGNATURE ATTRIBUTED TO A PERSON UNDER DIVISION (A) OF THIS 241
SECTION SHALL BE DETERMINED FROM THE CONTEXT AND SURROUNDING 242
CIRCUMSTANCES AT THE TIME OF ITS CREATION, EXECUTION, OR 243
ADOPTION, INCLUDING THE PARTIES' AGREEMENT, IF ANY, AND OTHERWISE 244
AS PROVIDED BY LAW.
Sec. 1306.09. (A) IF A CHANGE OR ERROR IN AN ELECTRONIC 246
RECORD OCCURS IN A TRANSMISSION BETWEEN PARTIES TO A TRANSACTION, 247
BOTH OF THE FOLLOWING APPLY: 248
(1) IF THE PARTIES HAVE AGREED TO USE A SECURITY PROCEDURE 250
TO DETECT CHANGES OR ERRORS AND ONE PARTY HAS CONFORMED TO THE 251
PROCEDURE, BUT THE OTHER PARTY HAS NOT, AND THE NONCONFORMING 252
PARTY WOULD HAVE DETECTED THE CHANGE OR ERROR HAD THAT PARTY ALSO 253
CONFORMED, THE CONFORMING PARTY MAY AVOID THE EFFECT OF THE 254
CHANGED OR ERRONEOUS ELECTRONIC RECORD.
(2) IN AN AUTOMATED TRANSACTION INVOLVING AN INDIVIDUAL, 256
THE INDIVIDUAL MAY AVOID THE EFFECT OF AN ELECTRONIC RECORD THAT 257
RESULTED FROM AN ERROR MADE BY THE INDIVIDUAL IN DEALING WITH THE 258
ELECTRONIC AGENT OF ANOTHER PERSON, IF THE ELECTRONIC AGENT DID 259
NOT PROVIDE AN OPPORTUNITY FOR THE PREVENTION OR CORRECTION OF 260
THE ERROR AND, AT THE TIME THE INDIVIDUAL LEARNS OF THE ERROR, 261
THE INDIVIDUAL DOES ALL OF THE FOLLOWING:
(a) THE INDIVIDUAL PROMPTLY NOTIFIES THE OTHER PERSON OF 263
THE ERROR AND THAT THE INDIVIDUAL DID NOT INTEND TO BE BOUND BY 265
THE ELECTRONIC RECORD RECEIVED BY THE OTHER PERSON. 266
(b) THE INDIVIDUAL TAKES REASONABLE STEPS, INCLUDING STEPS 268
THAT CONFORM TO THE OTHER PERSON'S REASONABLE INSTRUCTIONS, TO 270
RETURN TO THE OTHER PERSON OR, IF INSTRUCTED BY THE OTHER PERSON, 271
TO DESTROY THE CONSIDERATION RECEIVED, IF ANY, AS A RESULT OF THE 272
ERRONEOUS ELECTRONIC RECORD.
(c) THE INDIVIDUAL HAS NOT USED OR RECEIVED ANY BENEFIT OR 274
VALUE FROM THE CONSIDERATION, IF ANY, RECEIVED FROM THE OTHER 276
PERSON.
(B) IF DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT 279
8
APPLY, THE CHANGE OR ERROR HAS THE EFFECT PROVIDED BY OTHER LAW,
INCLUDING THE LAW OF MISTAKE, AND THE PARTIES' CONTRACT, IF ANY. 280
(C) DIVISIONS (A)(2) AND (B) OF THIS SECTION MAY NOT BE 284
VARIED BY AGREEMENT.
Sec. 1306.10. IF A LAW REQUIRES A SIGNATURE OR RECORD TO 286
BE NOTARIZED, ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE 287
REQUIREMENT IS SATISFIED IF THE ELECTRONIC SIGNATURE OF THE 288
PERSON AUTHORIZED TO PERFORM THOSE ACTS, TOGETHER WITH ALL OTHER 289
INFORMATION REQUIRED TO BE INCLUDED BY OTHER APPLICABLE LAW, IS 290
ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE SIGNATURE OR RECORD. 291
Sec. 1306.11. (A) IF A LAW REQUIRES THAT A RECORD BE 293
RETAINED, THE REQUIREMENT IS SATISFIED BY RETAINING AN ELECTRONIC 295
RECORD OF THE INFORMATION IN THE RECORD IF BOTH OF THE FOLLOWING 296
ARE SATISFIED:
(1) THE ELECTRONIC RECORD ACCURATELY AND COMPLETELY 298
REFLECTS THE INFORMATION SET FORTH IN THE RECORD AFTER IT WAS 300
FIRST GENERATED IN ITS FINAL FORM AS AN ELECTRONIC RECORD OR 301
OTHERWISE.
(2) THE ELECTRONIC RECORD REMAINS ACCESSIBLE FOR LATER 303
REFERENCE.
(B) A REQUIREMENT TO RETAIN A RECORD IN ACCORDANCE WITH 305
DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY INFORMATION 306
THE SOLE PURPOSE OF WHICH IS TO ENABLE THE RECORD TO BE SENT, 307
COMMUNICATED, OR RECEIVED. 308
(C) A PERSON SATISFIES DIVISION (A) OF THIS SECTION BY 310
USING THE SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF THAT 311
DIVISION ARE SATISFIED. 312
(D) IF A LAW REQUIRES A RECORD TO BE PRESENTED OR RETAINED 314
IN ITS ORIGINAL FORM, OR PROVIDES CONSEQUENCES IF THE RECORD IS 315
NOT PRESENTED OR RETAINED IN ITS ORIGINAL FORM, THAT LAW IS 316
SATISFIED BY AN ELECTRONIC RECORD RETAINED IN ACCORDANCE WITH 317
DIVISION (A) OF THIS SECTION.
(E) IF A LAW REQUIRES RETENTION OF A CHECK, THAT 319
REQUIREMENT IS SATISFIED BY RETENTION OF AN ELECTRONIC RECORD OF 320
9
THE INFORMATION ON THE FRONT AND BACK OF THE CHECK IN ACCORDANCE 321
WITH DIVISION (A) OF THIS SECTION. 322
(F) A RECORD RETAINED AS AN ELECTRONIC RECORD IN 324
ACCORDANCE WITH DIVISION (A) OF THIS SECTION SATISFIES A LAW 325
REQUIRING A PERSON TO RETAIN A RECORD FOR EVIDENTIARY, AUDIT, OR 326
SIMILAR PURPOSES, UNLESS A LAW ENACTED AFTER THE EFFECTIVE DATE 327
OF THIS SECTION SPECIFICALLY PROHIBITS THE USE OF AN ELECTRONIC 328
RECORD FOR THE SPECIFIED PURPOSE.
(G) THIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY 331
OF THIS STATE FROM SPECIFYING ADDITIONAL REQUIREMENTS FOR THE 333
RETENTION OF A RECORD SUBJECT TO THE AGENCY'S JURISDICTION.
Sec. 1306.12. IN A PROCEEDING, EVIDENCE OF A RECORD OR 335
SIGNATURE MAY NOT BE EXCLUDED SOLELY BECAUSE IT IS IN ELECTRONIC 336
FORM.
Sec. 1306.13. IN AN AUTOMATED TRANSACTION, ALL OF THE 338
FOLLOWING APPLY:
(A) A CONTRACT MAY BE FORMED BY THE INTERACTION OF 340
ELECTRONIC AGENTS OF THE PARTIES, EVEN IF NO INDIVIDUAL WAS AWARE 341
OF OR REVIEWED THE ELECTRONIC AGENTS' ACTIONS OR THE RESULTING 342
TERMS AND AGREEMENTS.
(B) A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN 344
ELECTRONIC AGENT AND AN INDIVIDUAL, ACTING ON THE INDIVIDUAL'S 345
OWN BEHALF OR FOR ANOTHER PERSON, INCLUDING BY AN INTERACTION IN 346
WHICH THE INDIVIDUAL PERFORMS ACTIONS THAT THE INDIVIDUAL IS FREE 347
TO REFUSE TO PERFORM AND THAT THE INDIVIDUAL KNOWS OR HAS REASON 348
TO KNOW WILL CAUSE THE ELECTRONIC AGENT TO COMPLETE THE
TRANSACTION OR PERFORMANCE. 349
(C) THE TERMS OF THE CONTRACT DESCRIBED IN THIS SECTION 351
ARE DETERMINED BY THE SUBSTANTIVE LAW APPLICABLE TO THE CONTRACT. 353
Sec. 1306.14. (A) UNLESS OTHERWISE AGREED BETWEEN THE 355
SENDER AND THE RECIPIENT, AN ELECTRONIC RECORD IS SENT WHEN IT 356
SATISFIES ALL OF THE FOLLOWING: 357
(1) THE RECORD IS ADDRESSED PROPERLY OR OTHERWISE DIRECTED 359
PROPERLY TO AN INFORMATION PROCESSING SYSTEM THAT THE RECIPIENT 360
10
HAS DESIGNATED OR USES FOR THE PURPOSE OF RECEIVING ELECTRONIC 361
RECORDS OR INFORMATION OF THE TYPE SENT, AND FROM WHICH THE 362
RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY 364
THE INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (A)(1) OF 365
THIS SECTION.
(3) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM 367
OUTSIDE THE CONTROL OF THE SENDER OR OF A PERSON THAT SENT THE 368
ELECTRONIC RECORD ON BEHALF OF THE SENDER, OR ENTERS A REGION OF 369
THE INFORMATION PROCESSING SYSTEM DESIGNATED OR USED BY THE 370
RECIPIENT THAT IS UNDER THE CONTROL OF THE RECIPIENT.
(B) UNLESS OTHERWISE AGREED BETWEEN A SENDER AND THE 372
RECIPIENT, AN ELECTRONIC RECORD IS RECEIVED WHEN BOTH OF THE 373
FOLLOWING ARE SATISFIED:
(1) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM 375
THAT THE RECIPIENT HAS DESIGNATED OR USES FOR THE PURPOSE OF 376
RECEIVING ELECTRONIC RECORDS OR INFORMATION OF THE TYPE SENT, AND 377
FROM WHICH THE RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC 378
RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY 380
THE INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (B)(1) OF 381
THIS SECTION.
(C) DIVISION (B) OF THIS SECTION APPLIES EVEN IF THE PLACE 384
THE INFORMATION PROCESSING SYSTEM IS LOCATED IS DIFFERENT FROM
THE PLACE THE ELECTRONIC RECORD IS DEEMED TO BE RECEIVED UNDER 385
DIVISION (D) OF THIS SECTION. 386
(D)(1) UNLESS OTHERWISE EXPRESSLY PROVIDED IN THE 388
ELECTRONIC RECORD OR AGREED BETWEEN THE SENDER AND THE RECIPIENT, 389
AN ELECTRONIC RECORD IS DEEMED TO BE SENT FROM THE SENDER'S PLACE 390
OF BUSINESS AND TO BE RECEIVED AT THE RECIPIENT'S PLACE OF 391
BUSINESS.
(2) FOR PURPOSES OF DIVISION (D)(1) OF THIS SECTION, BOTH 393
OF THE FOLLOWING APPLY: 394
(a) IF THE SENDER OR RECIPIENT HAS MORE THAN ONE PLACE OF 396
11
BUSINESS, THE PLACE OF BUSINESS OF THAT PERSON IS THE PLACE 397
HAVING THE CLOSEST RELATIONSHIP TO THE UNDERLYING TRANSACTION. 398
(b) IF THE SENDER OR THE RECIPIENT DOES NOT HAVE A PLACE 400
OF BUSINESS, THE PLACE OF BUSINESS IS THE SENDER'S OR RECIPIENT'S 401
RESIDENCE, AS THE CASE MAY BE. 402
(E) AN ELECTRONIC RECORD IS RECEIVED UNDER DIVISION (B) OF 405
THIS SECTION EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
(F) RECEIPT OF AN ELECTRONIC ACKNOWLEDGMENT FROM AN 407
INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (B) OF THIS 408
SECTION ESTABLISHES THAT A RECORD WAS RECEIVED, BUT, BY ITSELF, 409
DOES NOT ESTABLISH THAT THE CONTENT SENT CORRESPONDS TO THE 410
CONTENT RECEIVED.
(G)(1) IF A PERSON IS AWARE THAT AN ELECTRONIC RECORD 412
PURPORTEDLY SENT UNDER DIVISION (A) OF THIS SECTION, OR 413
PURPORTEDLY RECEIVED UNDER DIVISION (B) OF THIS SECTION, WAS NOT 415
ACTUALLY SENT OR RECEIVED, THE LEGAL EFFECT OF THE SENDING OR 416
RECEIPT IS DETERMINED BY OTHER APPLICABLE LAW.
(2) EXCEPT TO THE EXTENT PERMITTED BY OTHER LAW, DIVISION 418
(G)(1) OF THIS SECTION MAY NOT BE VARIED BY AGREEMENT. 419
Sec. 1306.15. (A) AS USED IN THIS SECTION, "TRANSFERABLE 421
RECORD" MEANS AN ELECTRONIC RECORD THAT SATISFIES BOTH OF THE 422
FOLLOWING:
(1) THE TRANSFERABLE RECORD WOULD BE A NOTE UNDER CHAPTER 424
1303. OR A DOCUMENT UNDER CHAPTER 1307. OF THE REVISED CODE, IF 425
THE ELECTRONIC RECORD WERE IN WRITING. 426
(2) THE ISSUER OF THE ELECTRONIC RECORD EXPRESSLY HAS 428
AGREED THAT IT IS A TRANSFERABLE RECORD. 429
(B) A PERSON HAS CONTROL OF A TRANSFERABLE RECORD IF A 431
SYSTEM EMPLOYED FOR EVIDENCING THE TRANSFER OF INTERESTS IN THE 432
TRANSFERABLE RECORD RELIABLY ESTABLISHES THAT PERSON AS THE 433
PERSON TO WHICH THE TRANSFERABLE RECORD WAS ISSUED OR 434
TRANSFERRED.
(C) A SYSTEM SATISFIES DIVISION (B) OF THIS SECTION, AND A 437
PERSON IS DEEMED TO HAVE CONTROL OF A TRANSFERABLE RECORD, IF THE
12
TRANSFERABLE RECORD IS CREATED, STORED, AND ASSIGNED IN SUCH A 438
MANNER THAT SATISFIES ALL OF THE FOLLOWING: 439
(1) A SINGLE AUTHORITATIVE COPY OF THE TRANSFERABLE RECORD 441
EXISTS THAT IS UNIQUE, IDENTIFIABLE, AND, EXCEPT AS PROVIDED IN 442
DIVISIONS (C)(4) TO (6) OF THIS SECTION, UNALTERABLE. 443
(2) THE AUTHORITATIVE COPY IDENTIFIES THE PERSON ASSERTING 445
CONTROL AS EITHER OF THE FOLLOWING: 446
(a) THE PERSON TO WHICH THE TRANSFERABLE RECORD WAS 448
ISSUED;
(b) IF THE AUTHORITATIVE COPY INDICATES THAT THE 450
TRANSFERABLE RECORD HAS BEEN TRANSFERRED, THE PERSON TO WHICH THE 451
TRANSFERABLE RECORD MOST RECENTLY WAS TRANSFERRED. 452
(3) THE AUTHORITATIVE COPY IS COMMUNICATED TO AND 454
MAINTAINED BY THE PERSON ASSERTING CONTROL OR ITS DESIGNATED 455
CUSTODIAN.
(4) COPIES OR REVISIONS THAT ADD OR CHANGE AN IDENTIFIED 457
ASSIGNEE OF THE AUTHORITATIVE COPY MAY BE MADE ONLY WITH THE 458
CONSENT OF THE PERSON ASSERTING CONTROL. 459
(5) EACH COPY OF THE AUTHORITATIVE COPY AND ANY COPY OF A 461
COPY IS READILY IDENTIFIABLE AS A COPY THAT IS NOT THE 462
AUTHORITATIVE COPY.
(6) ANY REVISION OF THE AUTHORITATIVE COPY IS READILY 464
IDENTIFIABLE AS AUTHORIZED OR UNAUTHORIZED. 465
(D)(1) EXCEPT AS OTHERWISE AGREED, A PERSON HAVING CONTROL 467
OF A TRANSFERABLE RECORD IS THE HOLDER, AS DEFINED IN SECTION 468
1301.01 OF THE REVISED CODE, OF THE TRANSFERABLE RECORD AND HAS 469
THE SAME RIGHTS AND DEFENSES AS A HOLDER OF AN EQUIVALENT RECORD 470
OR WRITING UNDER THE UNIFORM COMMERCIAL CODE. IF THE APPLICABLE 471
STATUTORY REQUIREMENTS UNDER SECTION 1303.32, 1307.29, OR 1309.27
OF THE REVISED CODE ARE SATISFIED, THESE RIGHTS AND DEFENSES 472
INCLUDE THE RIGHTS AND DEFENSES OF A HOLDER IN DUE COURSE, A 473
HOLDER TO WHICH A NEGOTIABLE DOCUMENT OF TITLE HAS BEEN DULY 474
NEGOTIATED, OR A PURCHASER, RESPECTIVELY.
(2) DELIVERY, POSSESSION, AND INDORSEMENT ARE NOT REQUIRED 476
13
TO OBTAIN OR EXERCISE ANY OF THE RIGHTS UNDER DIVISION (D)(1) OF 477
THIS SECTION.
(E) EXCEPT AS OTHERWISE AGREED, AN OBLIGOR UNDER A 479
TRANSFERABLE RECORD HAS THE SAME RIGHTS AND DEFENSES AS AN 480
EQUIVALENT OBLIGOR UNDER EQUIVALENT RECORDS OR WRITINGS UNDER THE 481
UNIFORM COMMERCIAL CODE.
(F)(1) IF REQUESTED BY A PERSON AGAINST WHICH ENFORCEMENT 483
IS SOUGHT, THE PERSON SEEKING TO ENFORCE THE TRANSFERABLE RECORD 484
SHALL PROVIDE REASONABLE PROOF THAT THE PERSON IS IN CONTROL OF 485
THE TRANSFERABLE RECORD.
(2) PROOF REQUIRED BY DIVISION (F)(1) OF THIS SECTION MAY 487
INCLUDE ACCESS TO THE AUTHORITATIVE COPY OF THE TRANSFERABLE 488
RECORD AND RELATED BUSINESS RECORDS SUFFICIENT TO REVIEW THE 489
TERMS OF THE TRANSFERABLE RECORD AND TO ESTABLISH THE IDENTITY OF 490
THE PERSON HAVING CONTROL OF THE TRANSFERABLE RECORD. 491
Sec. 1306.16. (A) A PROVISION OF A NONELECTRONIC CONTRACT 493
INVOLVING A CONSUMER AND TO WHICH A STATE AGENCY IS NOT A PARTY 494
THAT AUTHORIZES THE CONDUCTING OF A TRANSACTION OR ANY PART OF A 496
TRANSACTION BY ELECTRONIC MEANS IS UNENFORCEABLE AGAINST THE
CONSUMER, UNLESS THE CONSUMER SEPARATELY SIGNS THE PROVISION. 497
(B) A CONSUMER'S AGREEMENT TO CONDUCT A TRANSACTION OR A 499
PART OF A TRANSACTION ELECTRONICALLY SHALL NOT BE INFERRED SOLELY 500
FROM THE FACT THAT THE CONSUMER HAS USED ELECTRONIC MEANS TO PAY 501
AN ACCOUNT OR REGISTER A PURCHASE OR WARRANTY. 502
(C) DIVISIONS (A) AND (B) OF THIS SECTION APPLY TO EVERY 505
TRANSACTION DESCRIBED IN THOSE DIVISIONS NOTWITHSTANDING ANY
OTHER PROVISION OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED 507
CODE. THIS SECTION SHALL NOT BE VARIED BY AGREEMENT.
(D) FOR PURPOSES OF THIS SECTION, BOTH OF THE FOLLOWING 509
APPLY:
(1) "CONSUMER" MEANS AN INDIVIDUAL WHO IS INVOLVED IN A 512
TRANSACTION PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD
PURPOSES. 513
(2) "STATE AGENCY" MEANS EVERY ORGANIZED BODY, OFFICE, OR 515
14
AGENCY ESTABLISHED BY THE LAWS OF THE STATE FOR THE EXERCISE OF 516
ANY FUNCTION OF STATE GOVERNMENT. 517
Sec. 1306.17. (A) THIS SECTION AND SECTION 1306.18 OF THE 519
REVISED CODE APPLY TO THE ATTRIBUTION OF ELECTRONIC RECORDS AND 521
ELECTRONIC SIGNATURES AMONG PARTIES THAT ARE NOT STATE AGENCIES. 522
(B) FOR PURPOSES OF THIS SECTION AND SECTION 1306.18 OF 524
THE REVISED CODE, THE COMMERCIAL REASONABLENESS OF A SECURITY 526
PROCEDURE IS TO BE DETERMINED BY A COURT. IN MAKING THIS 527
DETERMINATION, BOTH OF THE FOLLOWING APPLY: 528
(1) A SECURITY PROCEDURE ESTABLISHED BY STATUTE OR 530
REGULATION IS EFFECTIVE FOR TRANSACTIONS COVERED BY THE STATUTE 531
OR REGULATION.
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(1) OF 533
THIS SECTION, THE COMMERCIAL REASONABLENESS AND EFFECTIVENESS IS 534
TO BE DETERMINED IN LIGHT OF THE PURPOSES OF THE SECURITY 535
PROCEDURE AND THE COMMERCIAL CIRCUMSTANCES AT THE TIME THE 536
PARTIES AGREE TO OR ADOPT THE PROCEDURE. 537
(C) AS USED IN THIS SECTION, "STATE AGENCY" MEANS EVERY 539
ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS OF THE 540
STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE GOVERNMENT. 541
Sec. 1306.18. (A) IF THERE IS A SECURITY PROCEDURE 543
BETWEEN THE PARTIES WITH RESPECT TO AN ELECTRONIC SIGNATURE OR 544
ELECTRONIC RECORD, BOTH OF THE FOLLOWING APPLY: 545
(1) THE EFFECT OF COMPLIANCE WITH A SECURITY PROCEDURE 547
ESTABLISHED BY A LAW OR REGULATION IS DETERMINED BY THAT LAW OR 548
REGULATION. 549
(2) IN ALL OTHER CASES THAN THOSE DESCRIBED IN DIVISION 551
(A)(1) OF THIS SECTION, IF THE PARTIES AGREE TO USE OR OTHERWISE 552
KNOWINGLY ADOPT A SECURITY PROCEDURE TO VERIFY THE PERSON FROM 553
WHICH AN ELECTRONIC SIGNATURE OR ELECTRONIC RECORD HAS BEEN SENT, 554
THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS ATTRIBUTABLE TO 555
THE PERSON IDENTIFIED BY THE SECURITY PROCEDURE, IF THE PERSON 556
RELYING ON THE ATTRIBUTION ESTABLISHES ALL OF THE FOLLOWING: 557
(a) THE SECURITY PROCEDURE IS COMMERCIALLY REASONABLE. 559
15
(b) THE PARTY ACCEPTED OR RELIED ON THE ELECTRONIC MESSAGE 561
IN GOOD FAITH AND IN COMPLIANCE WITH THE SECURITY PROCEDURE AND 562
ANY ADDITIONAL AGREEMENT WITH OR SEPARATE INSTRUCTIONS OF THE 564
OTHER PARTY.
(c) THE SECURITY PROCEDURE INDICATES THAT THE ELECTRONIC 566
MESSAGE IS FROM THE PERSON TO WHICH ATTRIBUTION IS SOUGHT. 567
(B) IF THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS 569
NOT ATTRIBUTABLE TO A PARTY UNDER SECTION 1306.08 OF THE REVISED 570
CODE BUT IS ATTRIBUTABLE TO THE PARTY UNDER OTHER PROVISIONS OF 571
THIS SECTION, THEN, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS 572
SECTION, THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS NOT 573
ATTRIBUTABLE TO THE PARTY IF THE PARTY ESTABLISHES THAT THE 574
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD WAS CAUSED DIRECTLY OR 575
INDIRECTLY BY A PERSON MEETING ANY OF THE FOLLOWING: 576
(1) THE PERSON WAS NOT ENTRUSTED AT ANY TIME WITH THE 578
RIGHT OR DUTY TO ACT FOR THE PARTY WITH RESPECT TO SUCH 579
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD OR SECURITY PROCEDURE. 580
(2) THE PERSON LAWFULLY OBTAINED ACCESS TO TRANSMITTING 582
FACILITIES OF THE PARTY, IF SUCH ACCESS FACILITATED THE MISUSE OF 583
THE SECURITY PROCEDURE. 584
(3) THE PERSON OBTAINED, FROM A SOURCE CONTROLLED BY THE 586
PARTY, INFORMATION FACILITATING MISUSE OF THE SECURITY PROCEDURE. 587
(C) IF THE PARTIES USE A COMMERCIALLY REASONABLE SECURITY 589
PROCEDURE TO DETECT ERRORS OR CHANGES WITH RESPECT TO AN 590
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD, BOTH OF THE FOLLOWING 591
APPLY:
(1) THE EFFECT OF A SECURITY PROCEDURE IS DETERMINED BY 593
THE AGREEMENT BETWEEN THE PARTIES, OR, IN THE ABSENCE OF AN 594
AGREEMENT, BY THIS SECTION OR ANY LAW ESTABLISHING THE SECURITY 595
PROCEDURE.
(2) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, IF A 597
SECURITY PROCEDURE INDICATES THAT AN ELECTRONIC SIGNATURE OR 598
ELECTRONIC RECORD HAS NOT BEEN ALTERED SINCE A PARTICULAR TIME, 599
IT SHALL BE TREATED AS NOT HAVING BEEN ALTERED SINCE THAT TIME. 600
16
Sec. 1306.19. SECTIONS 1306.17 AND 1306.18 OF THE REVISED 602
CODE DO NOT APPLY TO TRANSACTIONS TO WHICH A CONSUMER IS A PARTY. 603
Sec. 1306.20. (A) SUBJECT TO SECTION 1306.11 OF THE 605
REVISED CODE, EACH STATE AGENCY SHALL DETERMINE IF, AND THE 606
EXTENT TO WHICH, IT WILL SEND AND RECEIVE ELECTRONIC RECORDS AND 607
ELECTRONIC SIGNATURES TO AND FROM OTHER PERSONS AND OTHERWISE 608
CREATE, GENERATE, COMMUNICATE, STORE, PROCESS, USE, AND RELY UPON 610
ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(B)(1) SUBJECT TO DIVISION (B)(2) OF THIS SECTION, A STATE 613
AGENCY MAY WAIVE A REQUIREMENT IN THE REVISED CODE, OTHER THAN A 614
REQUIREMENT IN SECTIONS 1306.01 TO 1306.15 OF THE REVISED CODE, 615
THAT RELATES TO ANY OF THE FOLLOWING:
(a) THE METHOD OF POSTING OR DISPLAYING RECORDS; 617
(b) THE MANNER OF SENDING, COMMUNICATING, OR TRANSMITTING 619
RECORDS; 620
(c) THE MANNER OF FORMATTING RECORDS. 622
(2) A STATE AGENCY MAY EXERCISE ITS AUTHORITY TO WAIVE A 624
REQUIREMENT UNDER DIVISION (B)(1) OF THIS SECTION ONLY IF THE 625
FOLLOWING APPLY: 626
(a) THE REQUIREMENT RELATES TO A MATTER OVER WHICH THE 628
STATE AGENCY HAS JURISDICTION; 629
(b) THE WAIVER IS CONSISTENT WITH CRITERIA SET FORTH IN 631
RULES ADOPTED BY THE STATE AGENCY. THE CRITERIA, TO THE EXTENT 632
REASONABLE UNDER THE CIRCUMSTANCES, SHALL CONTAIN STANDARDS TO 633
FACILITATE THE USE OF ELECTRONIC COMMERCE BY PERSONS UNDER THE 634
JURISDICTION OF THE STATE AGENCY CONSISTENT WITH RULES ADOPTED BY 635
THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION 636
(A) OF SECTION 1306.21 OF THE REVISED CODE.
(C) IF A STATE AGENCY CREATES, USES, RECEIVES, OR RETAINS 638
ELECTRONIC RECORDS, BOTH OF THE FOLLOWING APPLY: 639
(1) ANY RULES ADOPTED BY A STATE AGENCY RELATING TO 641
ELECTRONIC RECORDS SHALL BE CONSISTENT WITH RULES ADOPTED BY THE 642
DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF 643
SECTION 1306.21 OF THE REVISED CODE. 644
17
(2) EACH STATE AGENCY SHALL CREATE, USE, RECEIVE, AND 646
RETAIN ELECTRONIC RECORDS IN ACCORDANCE WITH SECTION 149.40 OF 647
THE REVISED CODE. 648
(D) IF A STATE AGENCY CREATES, USES, OR RECEIVES 650
ELECTRONIC SIGNATURES, THE STATE AGENCY SHALL CREATE, USE, OR 651
RECEIVE THE SIGNATURES IN ACCORDANCE WITH RULES ADOPTED BY THE 652
DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF 653
SECTION 1306.21 OF THE REVISED CODE. 654
(E)(1) TO THE EXTENT A STATE AGENCY RETAINS AN ELECTRONIC 656
RECORD, THE STATE AGENCY MAY RETAIN A RECORD IN A FORMAT THAT IS 657
DIFFERENT FROM THE FORMAT IN WHICH THE RECORD WAS ORIGINALLY 658
CREATED, USED, SENT, OR RECEIVED ONLY IF IT CAN BE DEMONSTRATED 659
THAT THE ALTERNATIVE FORMAT USED ACCURATELY AND COMPLETELY 660
REFLECTS THE RECORD AS IT WAS ORIGINALLY CREATED, USED, SENT, OR 661
RECEIVED.
(2) IF A STATE AGENCY IN RETAINING ANY SET OF ELECTRONIC 663
RECORDS PURSUANT TO DIVISION (E)(1) OF THIS SECTION ALTERS THE 664
FORMAT OF THE RECORDS, THE STATE AGENCY SHALL CREATE A 665
CERTIFICATE OF AUTHENTICITY FOR EACH SET OF RECORDS THAT IS 667
ALTERED.
(3) THE DEPARTMENT OF ADMINISTRATIVE SERVICES, IN 669
CONSULTATION WITH THE STATE ARCHIVIST, SHALL ADOPT RULES IN 670
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT ESTABLISH 671
THE METHODS FOR CREATING CERTIFICATES OF AUTHENTICITY PURSUANT TO 672
DIVISION (E)(2) OF THIS SECTION. 673
(F) WHENEVER ANY RULE OF LAW REQUIRES OR AUTHORIZES THE 675
FILING OF ANY INFORMATION, NOTICE, LIEN, OR OTHER DOCUMENT OR 676
RECORD WITH ANY STATE AGENCY, A FILING MADE BY AN ELECTRONIC 677
RECORD SHALL HAVE THE SAME FORCE AND EFFECT AS A FILING MADE ON 678
PAPER IN ALL CASES WHERE THE STATE AGENCY HAS AUTHORIZED OR 679
AGREED TO SUCH ELECTRONIC FILING AND THE FILING IS MADE IN
ACCORDANCE WITH APPLICABLE RULES OR AGREEMENT. 680
(G) NOTHING IN SECTIONS 1306.01 TO 1306.23 OF THE REVISED 683
CODE SHALL BE CONSTRUED TO REQUIRE ANY STATE AGENCY TO USE OR 684
18
PERMIT THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(H)(1) NOTWITHSTANDING DIVISION (C)(1) OR (D) OF THIS 687
SECTION, ANY STATE AGENCY THAT, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, USED OR PERMITTED THE USE OF ELECTRONIC RECORDS OR 688
ELECTRONIC SIGNATURES PURSUANT TO LAWS ENACTED, RULES ADOPTED, OR 689
AGENCY POLICIES ADOPTED BEFORE THE EFFECTIVE DATE OF THIS 690
SECTION, MAY USE OR PERMIT THE USE OF ELECTRONIC RECORDS OR 691
ELECTRONIC SIGNATURES PURSUANT TO THOSE PREVIOUSLY ENACTED LAWS, 692
ADOPTED RULES, OR ADOPTED POLICIES FOR A PERIOD OF TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION. 693
(2) SUBJECT TO DIVISION (H)(3) OF THIS SECTION, AFTER THE 695
TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) OF THIS SECTION HAS 696
CONCLUDED, ALL STATE AGENCIES THAT USE OR PERMIT THE USE OF 697
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES BEFORE THE EFFECTIVE 698
DATE OF THIS SECTION SHALL ONLY USE OR PERMIT THE USE OF 699
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES CONSISTENT WITH RULES 700
ADOPTED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO 701
DIVISION (A) OF SECTION 1306.21 OF THE REVISED CODE. 702
(3) AFTER THE TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) 704
OF THIS SECTION HAS CONCLUDED, THE DEPARTMENT OF ADMINISTRATIVE 705
SERVICES MAY PERMIT A STATE AGENCY TO USE ELECTRONIC RECORDS OR 707
ELECTRONIC SIGNATURES THAT DO NOT COMPLY WITH DIVISION (H)(2) OF 708
THIS SECTION, IF THE STATE AGENCY FILES A WRITTEN REQUEST WITH 709
THE DEPARTMENT.
(I) FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS 712
EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS 713
OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT, BUT DOES NOT INCLUDE THE GENERAL ASSEMBLY, ANY 715
LEGISLATIVE AGENCY, THE SUPREME COURT, THE OTHER COURTS OF RECORD 716
IN THIS STATE, OR ANY JUDICIAL AGENCY.
Sec. 1306.21. (A) WITH REGARD TO STATE AGENCY USE OF 719
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES, THE DEPARTMENT OF 721
ADMINISTRATIVE SERVICES, IN CONSULTATION WITH THE STATE 722
ARCHIVIST, SHALL ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF 723
19
THE REVISED CODE SETTING FORTH ALL OF THE FOLLOWING: 724
(1) THE MINIMUM REQUIREMENTS FOR THE METHOD OF CREATION, 726
MAINTENANCE, AND SECURITY OF ELECTRONIC RECORDS AND ELECTRONIC 727
SIGNATURES; 728
(2) IF ELECTRONIC RECORDS MUST BE SIGNED BY ELECTRONIC 730
MEANS, ALL OF THE FOLLOWING: 731
(a) THE TYPE OF ELECTRONIC SIGNATURE REQUIRED; 733
(b) THE MANNER AND FORMAT IN WHICH THE ELECTRONIC 735
SIGNATURE MUST BE AFFIXED TO THE ELECTRONIC RECORD; 736
(c) THE IDENTITY OF, OR CRITERIA THAT MUST BE MET BY, ANY 738
THIRD PARTY USED BY THE PERSON FILING A DOCUMENT TO FACILITATE 739
THE PROCESS.
(3) CONTROL PROCESSES AND PROCEDURES AS APPROPRIATE TO 741
ENSURE ADEQUATE PRESERVATION, DISPOSITION, INTEGRITY, SECURITY, 742
CONFIDENTIALITY, AND AUDITABILITY OF ELECTRONIC RECORDS; 743
(4) ANY OTHER REQUIRED ATTRIBUTES FOR ELECTRONIC RECORDS 745
THAT ARE SPECIFIED FOR CORRESPONDING NONELECTRONIC RECORDS OR ARE 747
REASONABLY NECESSARY UNDER THE CIRCUMSTANCES. 748
(B)(1) THE DEPARTMENT OF ADMINISTRATIVE SERVICES MAY ADOPT 750
RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO 752
ENSURE CONSISTENCY AND INTEROPERABILITY AMONG STATE AGENCIES WITH 753
REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC SIGNATURES, AND 754
SECURITY PROCEDURES. 755
(2) IF THE DEPARTMENT OF ADMINISTRATIVE SERVICES ADOPTS 757
RULES PURSUANT TO DIVISION (B)(1) OF THIS SECTION, THE DEPARTMENT 759
SHALL CONSIDER CONSISTENCY IN APPLICATIONS AND INTEROPERABILITY 760
WITH GOVERNMENTAL AGENCIES OF THIS STATE, AGENCIES OF OTHER 762
STATES, THE FEDERAL GOVERNMENT, AND NONGOVERNMENTAL PERSONS TO 763
THE EXTENT PRACTICABLE WHEN ADOPTING RULES PURSUANT TO THAT 764
DIVISION.
(C) WITH REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC 766
SIGNATURES, AND SECURITY PROCEDURES, THE DEPARTMENT OF 767
ADMINISTRATIVE SERVICES MAY PUBLISH RECOMMENDATIONS FOR 768
GOVERNMENTAL AGENCIES AND NONGOVERNMENTAL PERSONS TO PROMOTE 769
20
CONSISTENCY AND INTEROPERABILITY AMONG NONGOVERNMENTAL PERSONS, 770
AGENCIES OF THIS STATE AND OTHER STATES, AND THE FEDERAL 771
GOVERNMENT.
(D) FOR PURPOSES OF THIS SECTION, "STATE AGENCY" HAS THE 773
SAME MEANING AS IN SECTION 1306.20 OF THE REVISED CODE. 774
Sec. 1306.22. (A) NOTHING IN SECTIONS 1306.01 TO 1306.23 776
OF THE REVISED CODE SHALL BE CONSTRUED TO REQUIRE THE GENERAL 777
ASSEMBLY, ANY LEGISLATIVE AGENCY, THE SUPREME COURT, THE OTHER 779
COURTS OF RECORD IN THIS STATE, OR ANY JUDICIAL AGENCY TO USE OR 780
PERMIT THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES. 781
(B) THE GENERAL ASSEMBLY AND THE SUPREME COURT MAY ADOPT 783
RULES PERTAINING TO THE USE OF ELECTRONIC RECORDS AND ELECTRONIC 784
SIGNATURES BY THEIR RESPECTIVE BODIES AND AGENCIES. 785
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 794
file, in accordance with section 111.15 of the Revised Code, 795
initial rules adopted pursuant to division (A) of section 1306.21 796
of the Revised Code not later than ninety days after the 797
effective date of this act. 798
Section 3. The General Assembly hereby requests the 801
Supreme Court to adopt rules pertaining to the use of electronic 802
records and electronic signatures by the Supreme Court, the other 803
courts of record in this state, and all judicial agencies, and 804
recommends that such rules be consistent with sections 1306.01 to 805
1306.15 of the Revised Code, as enacted by this act. 806
Section 4. If any provision of this act or its application 808
to any person or circumstance is held invalid, the invalidity 809
does not affect other provisions or applications of this act that 810
21
can be given effect without the invalid provision or application, 811
and to this end the provisions of this act are severable. 812