As Passed by the Senate 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- 17
SENATORS GARDNER-FINGERHUT-HERINGTON-CUPP
_________________________________________________________________ 19
A B I L L
To enact sections 1306.01 to 1306.23 of the Revised 22
Code to enact the Uniform Electronic Transactions
Act by providing for regulation of electronic 23
records and electronic signatures; to provide for 24
consumer electronic transactions and security 25
procedures between parties; and to provide for 26
the use of electronic records and signatures by 27
state agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 29
Section 1. That sections 1306.01, 1306.02, 1306.03, 31
1306.04, 1306.05, 1306.06, 1306.07, 1306.08, 1306.09, 1306.10, 32
1306.11, 1306.12, 1306.13, 1306.14, 1306.15, 1306.16, 1306.17, 33
1306.18, 1306.19, 1306.20, 1306.21, 1306.22, and 1306.23 of the 35
Revised Code be enacted to read as follows: 36
Sec. 1306.01. AS USED IN SECTIONS 1306.01 TO 1306.23 OF 38
THE REVISED CODE:
(A) "AGREEMENT" MEANS THE BARGAIN OF THE PARTIES IN FACT, 40
2
AS FOUND IN THEIR LANGUAGE OR INFERRED FROM OTHER CIRCUMSTANCES 41
AND FROM RULES, REGULATIONS, AND PROCEDURES GIVEN THE EFFECT OF 42
AGREEMENTS UNDER LAWS OTHERWISE APPLICABLE TO A PARTICULAR 43
TRANSACTION.
(B) "AUTOMATED TRANSACTION" MEANS A TRANSACTION CONDUCTED 45
OR PERFORMED, IN WHOLE OR IN PART, BY ELECTRONIC MEANS OR 46
ELECTRONIC RECORDS, IN WHICH THE ACTS OR RECORDS OF ONE OR BOTH 47
PARTIES ARE NOT REVIEWED BY AN INDIVIDUAL IN THE ORDINARY COURSE 48
IN FORMING A CONTRACT, PERFORMING UNDER AN EXISTING CONTRACT, OR 49
FULFILLING AN OBLIGATION REQUIRED BY THE TRANSACTION.
(C) "COMPUTER PROGRAM" MEANS A SET OF STATEMENTS OR 51
INSTRUCTIONS TO BE USED DIRECTLY OR INDIRECTLY IN AN INFORMATION 52
PROCESSING SYSTEM IN ORDER TO BRING ABOUT A CERTAIN RESULT. 53
(D) "CONTRACT" MEANS THE TOTAL LEGAL OBLIGATION RESULTING 55
FROM THE PARTIES' AGREEMENT AS AFFECTED BY SECTIONS 1306.01 TO 56
1306.23 OF THE REVISED CODE AND OTHER APPLICABLE LAW. 57
(E) "ELECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING 59
ELECTRICAL, DIGITAL, MAGNETIC, WIRELESS, OPTICAL, 60
ELECTROMAGNETIC, OR SIMILAR CAPABILITIES. 61
(F) "ELECTRONIC AGENT" MEANS A COMPUTER PROGRAM OR AN 63
ELECTRONIC OR OTHER AUTOMATED MEANS USED INDEPENDENTLY TO 64
INITIATE AN ACTION OR RESPOND TO ELECTRONIC RECORDS OR 65
PERFORMANCES IN WHOLE OR IN PART, WITHOUT REVIEW OR ACTION BY AN 66
INDIVIDUAL.
(G) "ELECTRONIC RECORD" MEANS A RECORD CREATED, GENERATED, 68
SENT, COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC MEANS. 69
(H) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, 71
SYMBOL, OR PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A 72
RECORD AND EXECUTED OR ADOPTED BY A PERSON WITH THE INTENT TO 73
SIGN THE RECORD.
(I) "GOVERNMENTAL AGENCY" MEANS ANY EXECUTIVE, 75
LEGISLATIVE, OR JUDICIAL AGENCY, DEPARTMENT, BOARD, COMMISSION, 76
AUTHORITY, INSTITUTION, OR INSTRUMENTALITY OF THE FEDERAL 77
GOVERNMENT, OF A STATE, OR OF A COUNTY, MUNICIPALITY, OR OTHER 78
3
POLITICAL SUBDIVISION OF A STATE. 79
(J) "INFORMATION" MEANS DATA, TEXT, IMAGES, SOUNDS, CODES, 81
COMPUTER PROGRAMS, SOFTWARE, DATABASES, OR THE LIKE. 82
(K) "INFORMATION PROCESSING SYSTEM" MEANS AN ELECTRONIC 84
SYSTEM FOR CREATING, GENERATING, SENDING, RECEIVING, STORING, 85
DISPLAYING, OR PROCESSING INFORMATION. 86
(L) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS 88
TRUST, ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, 89
ASSOCIATION, JOINT VENTURE, GOVERNMENTAL AGENCY, PUBLIC 90
CORPORATION, OR ANY OTHER LEGAL OR COMMERCIAL ENTITY. 92
(M) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A 94
TANGIBLE MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER 95
MEDIUM AND IS RETRIEVABLE IN PERCEIVABLE FORM. 96
(N) "SECURITY PROCEDURE" MEANS A PROCEDURE EMPLOYED FOR 98
THE PURPOSE OF VERIFYING THAT AN ELECTRONIC SIGNATURE, RECORD, OR 99
PERFORMANCE IS THAT OF A SPECIFIC PERSON OR FOR DETECTING CHANGES 100
OR ERRORS IN THE INFORMATION IN AN ELECTRONIC RECORD. "SECURITY 101
PROCEDURE" INCLUDES A PROCEDURE THAT REQUIRES THE USE OF 102
ALGORITHMS OR OTHER CODES, IDENTIFYING WORD OR NUMBERS, 103
ENCRYPTION, OR CALLBACK OR OTHER ACKNOWLEDGMENT PROCEDURES.
(O) "STATE" MEANS A STATE OF THE UNITED STATES, THE 106
DISTRICT OF COLUMBIA, PUERTO RICO, THE UNITED STATES VIRGIN 107
ISLANDS, OR ANY TERRITORY OR INSULAR POSSESSION SUBJECT TO THE 108
JURISDICTION OF THE UNITED STATES. "STATE" INCLUDES AN INDIAN 109
TRIBE OR BAND, OR ALASKAN NATIVE VILLAGE, THAT IS RECOGNIZED BY 110
FEDERAL LAW OR FORMALLY ACKNOWLEDGED BY A STATE. 111
(P) "TRANSACTION" MEANS AN ACTION OR SET OF ACTIONS 113
OCCURRING BETWEEN TWO OR MORE PERSONS RELATING TO THE CONDUCT OF 114
BUSINESS, COMMERCIAL, OR GOVERNMENTAL AFFAIRS. 115
Sec. 1306.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF 117
THIS SECTION, SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE 118
APPLY TO ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES RELATING TO 119
A TRANSACTION.
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE DO NOT 122
4
APPLY TO A TRANSACTION TO THE EXTENT IT IS GOVERNED BY ANY OF THE 123
FOLLOWING:
(1) A LAW GOVERNING THE CREATION AND EXECUTION OF WILLS, 125
CODICILS, OR TESTAMENTARY TRUSTS; 126
(2) CHAPTER 1301., EXCEPT SECTIONS 1301.07 AND 1301.12, 128
AND CHAPTERS 1303., 1304., 1305., 1306., 1307., 1308., AND 1309. 129
OF THE REVISED CODE.
Sec. 1306.03. SECTIONS 1306.01 TO 1306.23 OF THE REVISED 132
CODE APPLY TO ANY ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
CREATED, GENERATED, SENT, COMMUNICATED, RECEIVED, OR STORED ON OR 133
AFTER THE EFFECTIVE DATE OF SECTIONS 1306.01 TO 1306.23 OF THE 134
REVISED CODE.
Sec. 1306.04. (A) SECTIONS 1306.01 TO 1306.23 OF THE 136
REVISED CODE DO NOT REQUIRE A RECORD OR SIGNATURE TO BE CREATED, 137
GENERATED, SENT, COMMUNICATED, RECEIVED, STORED, OR OTHERWISE 138
PROCESSED OR USED BY ELECTRONIC MEANS OR IN ELECTRONIC FORM. 139
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE APPLY 142
ONLY TO TRANSACTIONS BETWEEN PARTIES EACH OF WHICH HAS AGREED TO 143
CONDUCT TRANSACTIONS BY ELECTRONIC MEANS. WHETHER THE PARTIES
AGREE TO CONDUCT A TRANSACTION BY ELECTRONIC MEANS IS DETERMINED 145
FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES, INCLUDING THE 146
PARTIES' CONDUCT.
(C) A PARTY THAT AGREES TO CONDUCT A TRANSACTION BY 148
ELECTRONIC MEANS MAY REFUSE TO CONDUCT OTHER TRANSACTIONS BY 149
ELECTRONIC MEANS. THE RIGHT GRANTED BY THIS DIVISION MAY NOT BE 150
WAIVED BY AGREEMENT.
(D) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 1306.01 TO 152
1306.23 OF THE REVISED CODE, ANY OF THE PROVISIONS OF SUCH 154
SECTIONS MAY BE VARIED BY AGREEMENT. THE PRESENCE IN CERTAIN
PROVISIONS OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED CODE OF 155
THE WORDS "UNLESS OTHERWISE AGREED," OR WORDS OF SIMILAR IMPORT, 156
DOES NOT IMPLY THAT THE EFFECT OF OTHER PROVISIONS MAY NOT BE 157
VARIED BY AGREEMENT.
(E) WHETHER AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE 159
5
HAS LEGAL CONSEQUENCES IS DETERMINED BY SECTIONS 1306.01 TO 160
1306.23 OF THE REVISED CODE AND OTHER APPLICABLE LAW. 161
Sec. 1306.05. SECTIONS 1306.01 TO 1306.15 OF THE REVISED 163
CODE MAY BE KNOWN AND CITED AS THE "UNIFORM ELECTRONIC 164
TRANSACTIONS ACT" AND SHALL BE CONSTRUED AND APPLIED AS FOLLOWS: 165
(A) TO FACILITATE ELECTRONIC TRANSACTIONS CONSISTENT WITH 167
OTHER APPLICABLE LAW; 168
(B) TO BE CONSISTENT WITH REASONABLE PRACTICES CONCERNING 170
ELECTRONIC TRANSACTIONS AND WITH THE CONTINUED EXPANSION OF THOSE 172
PRACTICES;
(C) TO EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM THE 174
LAW WITH RESPECT TO THE SUBJECT OF SECTIONS 1306.01 TO 1306.15 OF 175
THE REVISED CODE AMONG STATES ENACTING THE UNIFORM ELECTRONIC 176
TRANSACTIONS ACT.
Sec. 1306.06. (A) A RECORD OR SIGNATURE MAY NOT BE DENIED 178
LEGAL EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC 179
FORM.
(B) A CONTRACT MAY NOT BE DENIED LEGAL EFFECT OR 181
ENFORCEABILITY SOLELY BECAUSE AN ELECTRONIC RECORD WAS USED IN 182
ITS FORMATION.
(C) IF A LAW REQUIRES A RECORD TO BE IN WRITING, AN 184
ELECTRONIC RECORD SATISFIES THE LAW. 185
(D) IF A LAW REQUIRES A SIGNATURE, AN ELECTRONIC SIGNATURE 187
SATISFIES THE LAW. 188
Sec. 1306.07. (A) IF THE PARTIES HAVE AGREED TO CONDUCT A 190
TRANSACTION BY ELECTRONIC MEANS AND A LAW REQUIRES A PERSON TO 191
PROVIDE, SEND, OR DELIVER INFORMATION IN WRITING TO ANOTHER 192
PERSON, THE REQUIREMENT IS SATISFIED IF THE INFORMATION IS 194
PROVIDED, SENT, OR DELIVERED, AS THE CASE MAY BE, IN AN
ELECTRONIC RECORD CAPABLE OF RETENTION BY THE RECIPIENT AT THE 195
TIME OF RECEIPT. AN ELECTRONIC RECORD IS NOT CAPABLE OF 196
RETENTION BY THE RECIPIENT IF THE SENDER OR ITS INFORMATION 197
PROCESSING SYSTEM INHIBITS THE ABILITY OF THE RECIPIENT TO PRINT 198
OR STORE THE ELECTRONIC RECORD.
6
(B) IF A LAW OTHER THAN SECTIONS 1306.01 TO 1306.23 OF THE 200
REVISED CODE REQUIRES A RECORD TO BE POSTED OR DISPLAYED IN A 201
CERTAIN MANNER, TO BE SENT, COMMUNICATED, OR TRANSMITTED BY A 202
SPECIFIED METHOD, OR TO CONTAIN INFORMATION THAT IS FORMATTED IN 203
A CERTAIN MANNER, ALL OF THE FOLLOWING APPLY:
(1) THE RECORD SHALL BE POSTED OR DISPLAYED IN THE MANNER 205
SPECIFIED IN THE OTHER LAW. 206
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(2) OF 208
THIS SECTION, THE RECORD SHALL BE SENT, COMMUNICATED, OR 209
TRANSMITTED BY THE METHOD SPECIFIED IN THE OTHER LAW. 210
(3) THE RECORD SHALL CONTAIN THE INFORMATION FORMATTED IN 212
THE MANNER SPECIFIED IN THE OTHER LAW. 213
(C) IF A SENDER INHIBITS THE ABILITY OF A RECIPIENT TO 215
STORE OR PRINT AN ELECTRONIC RECORD, THE ELECTRONIC RECORD IS NOT 216
ENFORCEABLE AGAINST THE RECIPIENT. 217
(D) DIVISIONS (A), (B), AND (C) OF THIS SECTION MAY NOT BE 220
VARIED BY AGREEMENT, EXCEPT AS FOLLOWS:
(1) TO THE EXTENT A LAW, OTHER THAN SECTIONS 1306.01 TO 222
1306.23 OF THE REVISED CODE, REQUIRES INFORMATION TO BE PROVIDED, 223
SENT, OR DELIVERED IN WRITING BUT PERMITS THAT REQUIREMENT TO BE 224
VARIED BY AGREEMENT, THE REQUIREMENT UNDER DIVISION (A) OF THIS 225
SECTION THAT THE INFORMATION BE IN THE FORM OF AN ELECTRONIC 226
RECORD CAPABLE OF RETENTION ALSO MAY BE VARIED BY AGREEMENT;
(2) A REQUIREMENT UNDER A LAW, OTHER THAN SECTIONS 1306.01 228
TO 1306.23 OF THE REVISED CODE, TO SEND, COMMUNICATE, OR TRANSMIT 229
A RECORD BY REGULAR MAIL MAY BE VARIED BY AGREEMENT TO THE EXTENT 230
PERMITTED BY THE OTHER LAW.
Sec. 1306.08. (A) AN ELECTRONIC RECORD OR ELECTRONIC 233
SIGNATURE IS ATTRIBUTABLE TO A PERSON IF IT WAS THE ACT OF THE 234
PERSON. THE ACT OF THE PERSON MAY BE SHOWN IN ANY MANNER, 235
INCLUDING A SHOWING OF THE EFFICACY OF ANY SECURITY PROCEDURE 236
APPLIED TO DETERMINE THE PERSON TO WHICH THE ELECTRONIC RECORD OR 237
ELECTRONIC SIGNATURE IS ATTRIBUTABLE.
(B) THE EFFECT OF AN ELECTRONIC RECORD OR ELECTRONIC 239
7
SIGNATURE ATTRIBUTED TO A PERSON UNDER DIVISION (A) OF THIS 240
SECTION SHALL BE DETERMINED FROM THE CONTEXT AND SURROUNDING 241
CIRCUMSTANCES AT THE TIME OF ITS CREATION, EXECUTION, OR 242
ADOPTION, INCLUDING THE PARTIES' AGREEMENT, IF ANY, AND OTHERWISE 243
AS PROVIDED BY LAW.
Sec. 1306.09. (A) IF A CHANGE OR ERROR IN AN ELECTRONIC 245
RECORD OCCURS IN A TRANSMISSION BETWEEN PARTIES TO A TRANSACTION, 246
BOTH OF THE FOLLOWING APPLY: 247
(1) IF THE PARTIES HAVE AGREED TO USE A SECURITY PROCEDURE 249
TO DETECT CHANGES OR ERRORS AND ONE PARTY HAS CONFORMED TO THE 250
PROCEDURE, BUT THE OTHER PARTY HAS NOT, AND THE NONCONFORMING 251
PARTY WOULD HAVE DETECTED THE CHANGE OR ERROR HAD THAT PARTY ALSO 252
CONFORMED, THE CONFORMING PARTY MAY AVOID THE EFFECT OF THE 253
CHANGED OR ERRONEOUS ELECTRONIC RECORD.
(2) IN AN AUTOMATED TRANSACTION INVOLVING AN INDIVIDUAL, 255
THE INDIVIDUAL MAY AVOID THE EFFECT OF AN ELECTRONIC RECORD THAT 256
RESULTED FROM AN ERROR MADE BY THE INDIVIDUAL IN DEALING WITH THE 257
ELECTRONIC AGENT OF ANOTHER PERSON, IF THE ELECTRONIC AGENT DID 258
NOT PROVIDE AN OPPORTUNITY FOR THE PREVENTION OR CORRECTION OF 259
THE ERROR AND, AT THE TIME THE INDIVIDUAL LEARNS OF THE ERROR, 260
THE INDIVIDUAL DOES ALL OF THE FOLLOWING:
(a) THE INDIVIDUAL PROMPTLY NOTIFIES THE OTHER PERSON OF 262
THE ERROR AND THAT THE INDIVIDUAL DID NOT INTEND TO BE BOUND BY 264
THE ELECTRONIC RECORD RECEIVED BY THE OTHER PERSON. 265
(b) THE INDIVIDUAL TAKES REASONABLE STEPS, INCLUDING STEPS 267
THAT CONFORM TO THE OTHER PERSON'S REASONABLE INSTRUCTIONS, TO 269
RETURN TO THE OTHER PERSON OR, IF INSTRUCTED BY THE OTHER PERSON, 270
TO DESTROY THE CONSIDERATION RECEIVED, IF ANY, AS A RESULT OF THE 271
ERRONEOUS ELECTRONIC RECORD.
(c) THE INDIVIDUAL HAS NOT USED OR RECEIVED ANY BENEFIT OR 273
VALUE FROM THE CONSIDERATION, IF ANY, RECEIVED FROM THE OTHER 275
PERSON.
(B) IF DIVISIONS (A)(1) AND (2) OF THIS SECTION DO NOT 278
APPLY, THE CHANGE OR ERROR HAS THE EFFECT PROVIDED BY OTHER LAW,
8
INCLUDING THE LAW OF MISTAKE, AND THE PARTIES' CONTRACT, IF ANY. 279
(C) DIVISIONS (A)(2) AND (B) OF THIS SECTION MAY NOT BE 283
VARIED BY AGREEMENT.
Sec. 1306.10. IF A LAW REQUIRES A SIGNATURE OR RECORD TO 285
BE NOTARIZED, ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE 286
REQUIREMENT IS SATISFIED IF THE ELECTRONIC SIGNATURE OF THE 287
PERSON AUTHORIZED TO PERFORM THOSE ACTS, TOGETHER WITH ALL OTHER 288
INFORMATION REQUIRED TO BE INCLUDED BY OTHER APPLICABLE LAW, IS 289
ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE SIGNATURE OR RECORD. 290
Sec. 1306.11. (A) IF A LAW REQUIRES THAT A RECORD BE 292
RETAINED, THE REQUIREMENT IS SATISFIED BY RETAINING AN ELECTRONIC 294
RECORD OF THE INFORMATION IN THE RECORD IF BOTH OF THE FOLLOWING 295
ARE SATISFIED:
(1) THE ELECTRONIC RECORD ACCURATELY AND COMPLETELY 297
REFLECTS THE INFORMATION SET FORTH IN THE RECORD AFTER IT WAS 299
FIRST GENERATED IN ITS FINAL FORM AS AN ELECTRONIC RECORD OR 300
OTHERWISE.
(2) THE ELECTRONIC RECORD REMAINS ACCESSIBLE FOR LATER 302
REFERENCE.
(B) A REQUIREMENT TO RETAIN A RECORD IN ACCORDANCE WITH 304
DIVISION (A) OF THIS SECTION DOES NOT APPLY TO ANY INFORMATION 305
THE SOLE PURPOSE OF WHICH IS TO ENABLE THE RECORD TO BE SENT, 306
COMMUNICATED, OR RECEIVED. 307
(C) A PERSON SATISFIES DIVISION (A) OF THIS SECTION BY 309
USING THE SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF THAT 310
DIVISION ARE SATISFIED. 311
(D) IF A LAW REQUIRES A RECORD TO BE PRESENTED OR RETAINED 313
IN ITS ORIGINAL FORM, OR PROVIDES CONSEQUENCES IF THE RECORD IS 314
NOT PRESENTED OR RETAINED IN ITS ORIGINAL FORM, THAT LAW IS 315
SATISFIED BY AN ELECTRONIC RECORD RETAINED IN ACCORDANCE WITH 316
DIVISION (A) OF THIS SECTION.
(E) IF A LAW REQUIRES RETENTION OF A CHECK, THAT 318
REQUIREMENT IS SATISFIED BY RETENTION OF AN ELECTRONIC RECORD OF 319
THE INFORMATION ON THE FRONT AND BACK OF THE CHECK IN ACCORDANCE 320
9
WITH DIVISION (A) OF THIS SECTION. 321
(F) A RECORD RETAINED AS AN ELECTRONIC RECORD IN 323
ACCORDANCE WITH DIVISION (A) OF THIS SECTION SATISFIES A LAW 324
REQUIRING A PERSON TO RETAIN A RECORD FOR EVIDENTIARY, AUDIT, OR 325
SIMILAR PURPOSES, UNLESS A LAW ENACTED AFTER THE EFFECTIVE DATE 326
OF THIS SECTION SPECIFICALLY PROHIBITS THE USE OF AN ELECTRONIC 327
RECORD FOR THE SPECIFIED PURPOSE.
(G) THIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY 330
OF THIS STATE FROM SPECIFYING ADDITIONAL REQUIREMENTS FOR THE 332
RETENTION OF A RECORD SUBJECT TO THE AGENCY'S JURISDICTION.
Sec. 1306.12. IN A PROCEEDING, EVIDENCE OF A RECORD OR 334
SIGNATURE MAY NOT BE EXCLUDED SOLELY BECAUSE IT IS IN ELECTRONIC 335
FORM.
Sec. 1306.13. IN AN AUTOMATED TRANSACTION, ALL OF THE 337
FOLLOWING APPLY:
(A) A CONTRACT MAY BE FORMED BY THE INTERACTION OF 339
ELECTRONIC AGENTS OF THE PARTIES, EVEN IF NO INDIVIDUAL WAS AWARE 340
OF OR REVIEWED THE ELECTRONIC AGENTS' ACTIONS OR THE RESULTING 341
TERMS AND AGREEMENTS.
(B) A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN 343
ELECTRONIC AGENT AND AN INDIVIDUAL, ACTING ON THE INDIVIDUAL'S 344
OWN BEHALF OR FOR ANOTHER PERSON, INCLUDING BY AN INTERACTION IN 345
WHICH THE INDIVIDUAL PERFORMS ACTIONS THAT THE INDIVIDUAL IS FREE 346
TO REFUSE TO PERFORM AND THAT THE INDIVIDUAL KNOWS OR HAS REASON 347
TO KNOW WILL CAUSE THE ELECTRONIC AGENT TO COMPLETE THE
TRANSACTION OR PERFORMANCE. 348
(C) THE TERMS OF THE CONTRACT DESCRIBED IN THIS SECTION 350
ARE DETERMINED BY THE SUBSTANTIVE LAW APPLICABLE TO THE CONTRACT. 352
Sec. 1306.14. (A) UNLESS OTHERWISE AGREED BETWEEN THE 354
SENDER AND THE RECIPIENT, AN ELECTRONIC RECORD IS SENT WHEN IT 355
SATISFIES ALL OF THE FOLLOWING: 356
(1) THE RECORD IS ADDRESSED PROPERLY OR OTHERWISE DIRECTED 358
PROPERLY TO AN INFORMATION PROCESSING SYSTEM THAT THE RECIPIENT 359
HAS DESIGNATED OR USES FOR THE PURPOSE OF RECEIVING ELECTRONIC 360
10
RECORDS OR INFORMATION OF THE TYPE SENT, AND FROM WHICH THE 361
RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY 363
THE INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (A)(1) OF 364
THIS SECTION.
(3) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM 366
OUTSIDE THE CONTROL OF THE SENDER OR OF A PERSON THAT SENT THE 367
ELECTRONIC RECORD ON BEHALF OF THE SENDER, OR ENTERS A REGION OF 368
THE INFORMATION PROCESSING SYSTEM DESIGNATED OR USED BY THE 369
RECIPIENT THAT IS UNDER THE CONTROL OF THE RECIPIENT.
(B) UNLESS OTHERWISE AGREED BETWEEN A SENDER AND THE 371
RECIPIENT, AN ELECTRONIC RECORD IS RECEIVED WHEN BOTH OF THE 372
FOLLOWING ARE SATISFIED:
(1) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM 374
THAT THE RECIPIENT HAS DESIGNATED OR USES FOR THE PURPOSE OF 375
RECEIVING ELECTRONIC RECORDS OR INFORMATION OF THE TYPE SENT, AND 376
FROM WHICH THE RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC 377
RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY 379
THE INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (B)(1) OF 380
THIS SECTION.
(C) DIVISION (B) OF THIS SECTION APPLIES EVEN IF THE PLACE 383
THE INFORMATION PROCESSING SYSTEM IS LOCATED IS DIFFERENT FROM
THE PLACE THE ELECTRONIC RECORD IS DEEMED TO BE RECEIVED UNDER 384
DIVISION (D) OF THIS SECTION. 385
(D)(1) UNLESS OTHERWISE EXPRESSLY PROVIDED IN THE 387
ELECTRONIC RECORD OR AGREED BETWEEN THE SENDER AND THE RECIPIENT, 388
AN ELECTRONIC RECORD IS DEEMED TO BE SENT FROM THE SENDER'S PLACE 389
OF BUSINESS AND TO BE RECEIVED AT THE RECIPIENT'S PLACE OF 390
BUSINESS.
(2) FOR PURPOSES OF DIVISION (D)(1) OF THIS SECTION, BOTH 392
OF THE FOLLOWING APPLY: 393
(a) IF THE SENDER OR RECIPIENT HAS MORE THAN ONE PLACE OF 395
BUSINESS, THE PLACE OF BUSINESS OF THAT PERSON IS THE PLACE 396
11
HAVING THE CLOSEST RELATIONSHIP TO THE UNDERLYING TRANSACTION. 397
(b) IF THE SENDER OR THE RECIPIENT DOES NOT HAVE A PLACE 399
OF BUSINESS, THE PLACE OF BUSINESS IS THE SENDER'S OR RECIPIENT'S 400
RESIDENCE, AS THE CASE MAY BE. 401
(E) AN ELECTRONIC RECORD IS RECEIVED UNDER DIVISION (B) OF 404
THIS SECTION EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
(F) RECEIPT OF AN ELECTRONIC ACKNOWLEDGMENT FROM AN 406
INFORMATION PROCESSING SYSTEM DESCRIBED IN DIVISION (B) OF THIS 407
SECTION ESTABLISHES THAT A RECORD WAS RECEIVED, BUT, BY ITSELF, 408
DOES NOT ESTABLISH THAT THE CONTENT SENT CORRESPONDS TO THE 409
CONTENT RECEIVED.
(G)(1) IF A PERSON IS AWARE THAT AN ELECTRONIC RECORD 411
PURPORTEDLY SENT UNDER DIVISION (A) OF THIS SECTION, OR 412
PURPORTEDLY RECEIVED UNDER DIVISION (B) OF THIS SECTION, WAS NOT 414
ACTUALLY SENT OR RECEIVED, THE LEGAL EFFECT OF THE SENDING OR 415
RECEIPT IS DETERMINED BY OTHER APPLICABLE LAW.
(2) EXCEPT TO THE EXTENT PERMITTED BY OTHER LAW, DIVISION 417
(G)(1) OF THIS SECTION MAY NOT BE VARIED BY AGREEMENT. 418
Sec. 1306.15. (A) AS USED IN THIS SECTION, "TRANSFERABLE 420
RECORD" MEANS AN ELECTRONIC RECORD THAT SATISFIES BOTH OF THE 421
FOLLOWING:
(1) THE TRANSFERABLE RECORD WOULD BE A NOTE UNDER CHAPTER 423
1303. OR A DOCUMENT UNDER CHAPTER 1307. OF THE REVISED CODE, IF 424
THE ELECTRONIC RECORD WERE IN WRITING. 425
(2) THE ISSUER OF THE ELECTRONIC RECORD EXPRESSLY HAS 427
AGREED THAT IT IS A TRANSFERABLE RECORD. 428
(B) A PERSON HAS CONTROL OF A TRANSFERABLE RECORD IF A 430
SYSTEM EMPLOYED FOR EVIDENCING THE TRANSFER OF INTERESTS IN THE 431
TRANSFERABLE RECORD RELIABLY ESTABLISHES THAT PERSON AS THE 432
PERSON TO WHICH THE TRANSFERABLE RECORD WAS ISSUED OR 433
TRANSFERRED.
(C) A SYSTEM SATISFIES DIVISION (B) OF THIS SECTION, AND A 436
PERSON IS DEEMED TO HAVE CONTROL OF A TRANSFERABLE RECORD, IF THE
TRANSFERABLE RECORD IS CREATED, STORED, AND ASSIGNED IN SUCH A 437
12
MANNER THAT SATISFIES ALL OF THE FOLLOWING: 438
(1) A SINGLE AUTHORITATIVE COPY OF THE TRANSFERABLE RECORD 440
EXISTS THAT IS UNIQUE, IDENTIFIABLE, AND, EXCEPT AS PROVIDED IN 441
DIVISIONS (C)(4) TO (6) OF THIS SECTION, UNALTERABLE. 442
(2) THE AUTHORITATIVE COPY IDENTIFIES THE PERSON ASSERTING 444
CONTROL AS EITHER OF THE FOLLOWING: 445
(a) THE PERSON TO WHICH THE TRANSFERABLE RECORD WAS 447
ISSUED;
(b) IF THE AUTHORITATIVE COPY INDICATES THAT THE 449
TRANSFERABLE RECORD HAS BEEN TRANSFERRED, THE PERSON TO WHICH THE 450
TRANSFERABLE RECORD MOST RECENTLY WAS TRANSFERRED. 451
(3) THE AUTHORITATIVE COPY IS COMMUNICATED TO AND 453
MAINTAINED BY THE PERSON ASSERTING CONTROL OR ITS DESIGNATED 454
CUSTODIAN.
(4) COPIES OR REVISIONS THAT ADD OR CHANGE AN IDENTIFIED 456
ASSIGNEE OF THE AUTHORITATIVE COPY MAY BE MADE ONLY WITH THE 457
CONSENT OF THE PERSON ASSERTING CONTROL. 458
(5) EACH COPY OF THE AUTHORITATIVE COPY AND ANY COPY OF A 460
COPY IS READILY IDENTIFIABLE AS A COPY THAT IS NOT THE 461
AUTHORITATIVE COPY.
(6) ANY REVISION OF THE AUTHORITATIVE COPY IS READILY 463
IDENTIFIABLE AS AUTHORIZED OR UNAUTHORIZED. 464
(D)(1) EXCEPT AS OTHERWISE AGREED, A PERSON HAVING CONTROL 466
OF A TRANSFERABLE RECORD IS THE HOLDER, AS DEFINED IN SECTION 467
1301.01 OF THE REVISED CODE, OF THE TRANSFERABLE RECORD AND HAS 468
THE SAME RIGHTS AND DEFENSES AS A HOLDER OF AN EQUIVALENT RECORD 469
OR WRITING UNDER THE UNIFORM COMMERCIAL CODE. IF THE APPLICABLE 470
STATUTORY REQUIREMENTS UNDER SECTION 1303.32, 1307.29, OR 1309.27
OF THE REVISED CODE ARE SATISFIED, THESE RIGHTS AND DEFENSES 471
INCLUDE THE RIGHTS AND DEFENSES OF A HOLDER IN DUE COURSE, A 472
HOLDER TO WHICH A NEGOTIABLE DOCUMENT OF TITLE HAS BEEN DULY 473
NEGOTIATED, OR A PURCHASER, RESPECTIVELY.
(2) DELIVERY, POSSESSION, AND INDORSEMENT ARE NOT REQUIRED 475
TO OBTAIN OR EXERCISE ANY OF THE RIGHTS UNDER DIVISION (D)(1) OF 476
13
THIS SECTION.
(E) EXCEPT AS OTHERWISE AGREED, AN OBLIGOR UNDER A 478
TRANSFERABLE RECORD HAS THE SAME RIGHTS AND DEFENSES AS AN 479
EQUIVALENT OBLIGOR UNDER EQUIVALENT RECORDS OR WRITINGS UNDER THE 480
UNIFORM COMMERCIAL CODE.
(F)(1) IF REQUESTED BY A PERSON AGAINST WHICH ENFORCEMENT 482
IS SOUGHT, THE PERSON SEEKING TO ENFORCE THE TRANSFERABLE RECORD 483
SHALL PROVIDE REASONABLE PROOF THAT THE PERSON IS IN CONTROL OF 484
THE TRANSFERABLE RECORD.
(2) PROOF REQUIRED BY DIVISION (F)(1) OF THIS SECTION MAY 486
INCLUDE ACCESS TO THE AUTHORITATIVE COPY OF THE TRANSFERABLE 487
RECORD AND RELATED BUSINESS RECORDS SUFFICIENT TO REVIEW THE 488
TERMS OF THE TRANSFERABLE RECORD AND TO ESTABLISH THE IDENTITY OF 489
THE PERSON HAVING CONTROL OF THE TRANSFERABLE RECORD. 490
Sec. 1306.16. (A) A PROVISION OF A NONELECTRONIC CONTRACT 492
INVOLVING A CONSUMER AND TO WHICH A STATE AGENCY IS NOT A PARTY 493
THAT AUTHORIZES THE CONDUCTING OF A TRANSACTION OR ANY PART OF A 495
TRANSACTION BY ELECTRONIC MEANS IS UNENFORCEABLE AGAINST THE
CONSUMER, UNLESS THE CONSUMER SEPARATELY SIGNS THE PROVISION. 496
(B) A CONSUMER'S AGREEMENT TO CONDUCT A TRANSACTION OR A 498
PART OF A TRANSACTION ELECTRONICALLY SHALL NOT BE INFERRED SOLELY 499
FROM THE FACT THAT THE CONSUMER HAS USED ELECTRONIC MEANS TO PAY 500
AN ACCOUNT OR REGISTER A PURCHASE OR WARRANTY. 501
(C) DIVISIONS (A) AND (B) OF THIS SECTION APPLY TO EVERY 504
TRANSACTION DESCRIBED IN THOSE DIVISIONS NOTWITHSTANDING ANY
OTHER PROVISION OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED 506
CODE. THIS SECTION SHALL NOT BE VARIED BY AGREEMENT.
(D) FOR PURPOSES OF THIS SECTION, BOTH OF THE FOLLOWING 508
APPLY:
(1) "CONSUMER" MEANS AN INDIVIDUAL WHO IS INVOLVED IN A 511
TRANSACTION PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD
PURPOSES. 512
(2) "STATE AGENCY" MEANS EVERY ORGANIZED BODY, OFFICE, OR 514
AGENCY ESTABLISHED BY THE LAWS OF THE STATE FOR THE EXERCISE OF 515
14
ANY FUNCTION OF STATE GOVERNMENT. 516
Sec. 1306.17. (A) THIS SECTION AND SECTION 1306.18 OF THE 518
REVISED CODE APPLY TO THE ATTRIBUTION OF ELECTRONIC RECORDS AND 520
ELECTRONIC SIGNATURES AMONG PARTIES THAT ARE NOT STATE AGENCIES. 521
(B) FOR PURPOSES OF THIS SECTION AND SECTION 1306.18 OF 523
THE REVISED CODE, THE COMMERCIAL REASONABLENESS OF A SECURITY 525
PROCEDURE IS TO BE DETERMINED BY A COURT. IN MAKING THIS 526
DETERMINATION, BOTH OF THE FOLLOWING APPLY: 527
(1) A SECURITY PROCEDURE ESTABLISHED BY STATUTE OR 529
REGULATION IS EFFECTIVE FOR TRANSACTIONS COVERED BY THE STATUTE 530
OR REGULATION.
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(1) OF 532
THIS SECTION, THE COMMERCIAL REASONABLENESS AND EFFECTIVENESS IS 533
TO BE DETERMINED IN LIGHT OF THE PURPOSES OF THE SECURITY 534
PROCEDURE AND THE COMMERCIAL CIRCUMSTANCES AT THE TIME THE 535
PARTIES AGREE TO OR ADOPT THE PROCEDURE. 536
(C) AS USED IN THIS SECTION, "STATE AGENCY" MEANS EVERY 538
ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS OF THE 539
STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE GOVERNMENT. 540
Sec. 1306.18. (A) IF THERE IS A SECURITY PROCEDURE 542
BETWEEN THE PARTIES WITH RESPECT TO AN ELECTRONIC SIGNATURE OR 543
ELECTRONIC RECORD, BOTH OF THE FOLLOWING APPLY: 544
(1) THE EFFECT OF COMPLIANCE WITH A SECURITY PROCEDURE 546
ESTABLISHED BY A LAW OR REGULATION IS DETERMINED BY THAT LAW OR 547
REGULATION. 548
(2) IN ALL OTHER CASES THAN THOSE DESCRIBED IN DIVISION 550
(A)(1) OF THIS SECTION, IF THE PARTIES AGREE TO USE OR OTHERWISE 551
KNOWINGLY ADOPT A SECURITY PROCEDURE TO VERIFY THE PERSON FROM 552
WHICH AN ELECTRONIC SIGNATURE OR ELECTRONIC RECORD HAS BEEN SENT, 553
THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS ATTRIBUTABLE TO 554
THE PERSON IDENTIFIED BY THE SECURITY PROCEDURE, IF THE PERSON 555
RELYING ON THE ATTRIBUTION ESTABLISHES ALL OF THE FOLLOWING: 556
(a) THE SECURITY PROCEDURE IS COMMERCIALLY REASONABLE. 558
(b) THE PARTY ACCEPTED OR RELIED ON THE ELECTRONIC MESSAGE 560
15
IN GOOD FAITH AND IN COMPLIANCE WITH THE SECURITY PROCEDURE AND 561
ANY ADDITIONAL AGREEMENT WITH OR SEPARATE INSTRUCTIONS OF THE 563
OTHER PARTY.
(c) THE SECURITY PROCEDURE INDICATES THAT THE ELECTRONIC 565
MESSAGE IS FROM THE PERSON TO WHICH ATTRIBUTION IS SOUGHT. 566
(B) IF THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS 568
NOT ATTRIBUTABLE TO A PARTY UNDER SECTION 1306.08 OF THE REVISED 569
CODE BUT IS ATTRIBUTABLE TO THE PARTY UNDER OTHER PROVISIONS OF 570
THIS SECTION, THEN, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS 571
SECTION, THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS NOT 572
ATTRIBUTABLE TO THE PARTY IF THE PARTY ESTABLISHES THAT THE 573
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD WAS CAUSED DIRECTLY OR 574
INDIRECTLY BY A PERSON MEETING ANY OF THE FOLLOWING: 575
(1) THE PERSON WAS NOT ENTRUSTED AT ANY TIME WITH THE 577
RIGHT OR DUTY TO ACT FOR THE PARTY WITH RESPECT TO SUCH 578
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD OR SECURITY PROCEDURE. 579
(2) THE PERSON LAWFULLY OBTAINED ACCESS TO TRANSMITTING 581
FACILITIES OF THE PARTY, IF SUCH ACCESS FACILITATED THE MISUSE OF 582
THE SECURITY PROCEDURE. 583
(3) THE PERSON OBTAINED, FROM A SOURCE CONTROLLED BY THE 585
PARTY, INFORMATION FACILITATING MISUSE OF THE SECURITY PROCEDURE. 586
(C) IF THE PARTIES USE A COMMERCIALLY REASONABLE SECURITY 588
PROCEDURE TO DETECT ERRORS OR CHANGES WITH RESPECT TO AN 589
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD, BOTH OF THE FOLLOWING 590
APPLY:
(1) THE EFFECT OF A SECURITY PROCEDURE IS DETERMINED BY 592
THE AGREEMENT BETWEEN THE PARTIES, OR, IN THE ABSENCE OF AN 593
AGREEMENT, BY THIS SECTION OR ANY LAW ESTABLISHING THE SECURITY 594
PROCEDURE.
(2) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, IF A 596
SECURITY PROCEDURE INDICATES THAT AN ELECTRONIC SIGNATURE OR 597
ELECTRONIC RECORD HAS NOT BEEN ALTERED SINCE A PARTICULAR TIME, 598
IT SHALL BE TREATED AS NOT HAVING BEEN ALTERED SINCE THAT TIME. 599
Sec. 1306.19. SECTIONS 1306.17 AND 1306.18 OF THE REVISED 601
16
CODE DO NOT APPLY TO TRANSACTIONS TO WHICH A CONSUMER IS A PARTY. 602
Sec. 1306.20. (A) SUBJECT TO SECTION 1306.11 OF THE 604
REVISED CODE, EACH STATE AGENCY SHALL DETERMINE IF, AND THE 605
EXTENT TO WHICH, IT WILL SEND AND RECEIVE ELECTRONIC RECORDS AND 606
ELECTRONIC SIGNATURES TO AND FROM OTHER PERSONS AND OTHERWISE 607
CREATE, GENERATE, COMMUNICATE, STORE, PROCESS, USE, AND RELY UPON 609
ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(B)(1) SUBJECT TO DIVISION (B)(2) OF THIS SECTION, A STATE 612
AGENCY MAY WAIVE A REQUIREMENT IN THE REVISED CODE, OTHER THAN A 613
REQUIREMENT IN SECTIONS 1306.01 TO 1306.15 OF THE REVISED CODE, 614
THAT RELATES TO ANY OF THE FOLLOWING:
(a) THE METHOD OF POSTING OR DISPLAYING RECORDS; 616
(b) THE MANNER OF SENDING, COMMUNICATING, OR TRANSMITTING 618
RECORDS; 619
(c) THE MANNER OF FORMATTING RECORDS. 621
(2) A STATE AGENCY MAY EXERCISE ITS AUTHORITY TO WAIVE A 623
REQUIREMENT UNDER DIVISION (B)(1) OF THIS SECTION ONLY IF THE 624
FOLLOWING APPLY: 625
(a) THE REQUIREMENT RELATES TO A MATTER OVER WHICH THE 627
STATE AGENCY HAS JURISDICTION; 628
(b) THE WAIVER IS CONSISTENT WITH CRITERIA SET FORTH IN 630
RULES ADOPTED BY THE STATE AGENCY. THE CRITERIA, TO THE EXTENT 631
REASONABLE UNDER THE CIRCUMSTANCES, SHALL CONTAIN STANDARDS TO 632
FACILITATE THE USE OF ELECTRONIC COMMERCE BY PERSONS UNDER THE 633
JURISDICTION OF THE STATE AGENCY CONSISTENT WITH RULES ADOPTED BY 634
THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION 635
(A) OF SECTION 1306.21 OF THE REVISED CODE.
(C) IF A STATE AGENCY CREATES, USES, RECEIVES, OR RETAINS 637
ELECTRONIC RECORDS, BOTH OF THE FOLLOWING APPLY: 638
(1) ANY RULES ADOPTED BY A STATE AGENCY RELATING TO 640
ELECTRONIC RECORDS SHALL BE CONSISTENT WITH RULES ADOPTED BY THE 641
DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF 642
SECTION 1306.21 OF THE REVISED CODE. 643
(2) EACH STATE AGENCY SHALL CREATE, USE, RECEIVE, AND 645
17
RETAIN ELECTRONIC RECORDS IN ACCORDANCE WITH SECTION 149.40 OF 646
THE REVISED CODE. 647
(D) IF A STATE AGENCY CREATES, USES, OR RECEIVES 649
ELECTRONIC SIGNATURES, THE STATE AGENCY SHALL CREATE, USE, OR 650
RECEIVE THE SIGNATURES IN ACCORDANCE WITH RULES ADOPTED BY THE 651
DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF 652
SECTION 1306.21 OF THE REVISED CODE. 653
(E)(1) TO THE EXTENT A STATE AGENCY RETAINS AN ELECTRONIC 655
RECORD, THE STATE AGENCY MAY RETAIN A RECORD IN A FORMAT THAT IS 656
DIFFERENT FROM THE FORMAT IN WHICH THE RECORD WAS ORIGINALLY 657
CREATED, USED, SENT, OR RECEIVED ONLY IF IT CAN BE DEMONSTRATED 658
THAT THE ALTERNATIVE FORMAT USED ACCURATELY AND COMPLETELY 659
REFLECTS THE RECORD AS IT WAS ORIGINALLY CREATED, USED, SENT, OR 660
RECEIVED.
(2) IF A STATE AGENCY IN RETAINING ANY SET OF ELECTRONIC 662
RECORDS PURSUANT TO DIVISION (E)(1) OF THIS SECTION ALTERS THE 663
FORMAT OF THE RECORDS, THE STATE AGENCY SHALL CREATE A 664
CERTIFICATE OF AUTHENTICITY FOR EACH SET OF RECORDS THAT IS 666
ALTERED.
(3) THE DEPARTMENT OF ADMINISTRATIVE SERVICES, IN 668
CONSULTATION WITH THE STATE ARCHIVIST, SHALL ADOPT RULES IN 669
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT ESTABLISH 670
THE METHODS FOR CREATING CERTIFICATES OF AUTHENTICITY PURSUANT TO 671
DIVISION (E)(2) OF THIS SECTION. 672
(F) WHENEVER ANY RULE OF LAW REQUIRES OR AUTHORIZES THE 674
FILING OF ANY INFORMATION, NOTICE, LIEN, OR OTHER DOCUMENT OR 675
RECORD WITH ANY STATE AGENCY, A FILING MADE BY AN ELECTRONIC 676
RECORD SHALL HAVE THE SAME FORCE AND EFFECT AS A FILING MADE ON 677
PAPER IN ALL CASES WHERE THE STATE AGENCY HAS AUTHORIZED OR 678
AGREED TO SUCH ELECTRONIC FILING AND THE FILING IS MADE IN
ACCORDANCE WITH APPLICABLE RULES OR AGREEMENT. 679
(G) NOTHING IN SECTIONS 1306.01 TO 1306.23 OF THE REVISED 682
CODE SHALL BE CONSTRUED TO REQUIRE ANY STATE AGENCY TO USE OR 683
PERMIT THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
18
(H)(1) NOTWITHSTANDING DIVISION (C)(1) OR (D) OF THIS 686
SECTION, ANY STATE AGENCY THAT, PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, USED OR PERMITTED THE USE OF ELECTRONIC RECORDS OR 687
ELECTRONIC SIGNATURES PURSUANT TO LAWS ENACTED, RULES ADOPTED, OR 688
AGENCY POLICIES ADOPTED BEFORE THE EFFECTIVE DATE OF THIS 689
SECTION, MAY USE OR PERMIT THE USE OF ELECTRONIC RECORDS OR 690
ELECTRONIC SIGNATURES PURSUANT TO THOSE PREVIOUSLY ENACTED LAWS, 691
ADOPTED RULES, OR ADOPTED POLICIES FOR A PERIOD OF TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION. 692
(2) SUBJECT TO DIVISION (H)(3) OF THIS SECTION, AFTER THE 694
TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) OF THIS SECTION HAS 695
CONCLUDED, ALL STATE AGENCIES THAT USE OR PERMIT THE USE OF 696
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES BEFORE THE EFFECTIVE 697
DATE OF THIS SECTION SHALL ONLY USE OR PERMIT THE USE OF 698
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES CONSISTENT WITH RULES 699
ADOPTED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES PURSUANT TO 700
DIVISION (A) OF SECTION 1306.21 OF THE REVISED CODE. 701
(3) AFTER THE TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) 703
OF THIS SECTION HAS CONCLUDED, THE DEPARTMENT OF ADMINISTRATIVE 704
SERVICES MAY PERMIT A STATE AGENCY TO USE ELECTRONIC RECORDS OR 706
ELECTRONIC SIGNATURES THAT DO NOT COMPLY WITH DIVISION (H)(2) OF 707
THIS SECTION, IF THE STATE AGENCY FILES A WRITTEN REQUEST WITH 708
THE DEPARTMENT.
(I) FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS 711
EVERY ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS 712
OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT, BUT DOES NOT INCLUDE THE GENERAL ASSEMBLY, ANY 714
LEGISLATIVE AGENCY, THE SUPREME COURT, THE OTHER COURTS OF RECORD 715
IN THIS STATE, OR ANY JUDICIAL AGENCY.
Sec. 1306.21. (A) WITH REGARD TO STATE AGENCY USE OF 718
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES, THE DEPARTMENT OF 720
ADMINISTRATIVE SERVICES, IN CONSULTATION WITH THE STATE 721
ARCHIVIST, SHALL ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF 722
THE REVISED CODE SETTING FORTH ALL OF THE FOLLOWING: 723
19
(1) THE MINIMUM REQUIREMENTS FOR THE METHOD OF CREATION, 725
MAINTENANCE, AND SECURITY OF ELECTRONIC RECORDS AND ELECTRONIC 726
SIGNATURES; 727
(2) IF ELECTRONIC RECORDS MUST BE SIGNED BY ELECTRONIC 729
MEANS, ALL OF THE FOLLOWING: 730
(a) THE TYPE OF ELECTRONIC SIGNATURE REQUIRED; 732
(b) THE MANNER AND FORMAT IN WHICH THE ELECTRONIC 734
SIGNATURE MUST BE AFFIXED TO THE ELECTRONIC RECORD; 735
(c) THE IDENTITY OF, OR CRITERIA THAT MUST BE MET BY, ANY 737
THIRD PARTY USED BY THE PERSON FILING A DOCUMENT TO FACILITATE 738
THE PROCESS.
(3) CONTROL PROCESSES AND PROCEDURES AS APPROPRIATE TO 740
ENSURE ADEQUATE PRESERVATION, DISPOSITION, INTEGRITY, SECURITY, 741
CONFIDENTIALITY, AND AUDITABILITY OF ELECTRONIC RECORDS; 742
(4) ANY OTHER REQUIRED ATTRIBUTES FOR ELECTRONIC RECORDS 744
THAT ARE SPECIFIED FOR CORRESPONDING NONELECTRONIC RECORDS OR ARE 746
REASONABLY NECESSARY UNDER THE CIRCUMSTANCES. 747
(B)(1) THE DEPARTMENT OF ADMINISTRATIVE SERVICES MAY ADOPT 749
RULES IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO 751
ENSURE CONSISTENCY AND INTEROPERABILITY AMONG STATE AGENCIES WITH 752
REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC SIGNATURES, AND 753
SECURITY PROCEDURES. 754
(2) IF THE DEPARTMENT OF ADMINISTRATIVE SERVICES ADOPTS 756
RULES PURSUANT TO DIVISION (B)(1) OF THIS SECTION, THE DEPARTMENT 758
SHALL CONSIDER CONSISTENCY IN APPLICATIONS AND INTEROPERABILITY 759
WITH GOVERNMENTAL AGENCIES OF THIS STATE, AGENCIES OF OTHER 761
STATES, THE FEDERAL GOVERNMENT, AND NONGOVERNMENTAL PERSONS TO 762
THE EXTENT PRACTICABLE WHEN ADOPTING RULES PURSUANT TO THAT 763
DIVISION.
(C) WITH REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC 765
SIGNATURES, AND SECURITY PROCEDURES, THE DEPARTMENT OF 766
ADMINISTRATIVE SERVICES MAY PUBLISH RECOMMENDATIONS FOR 767
GOVERNMENTAL AGENCIES AND NONGOVERNMENTAL PERSONS TO PROMOTE 768
CONSISTENCY AND INTEROPERABILITY AMONG NONGOVERNMENTAL PERSONS, 769
20
AGENCIES OF THIS STATE AND OTHER STATES, AND THE FEDERAL 770
GOVERNMENT.
(D) FOR PURPOSES OF THIS SECTION, "STATE AGENCY" HAS THE 772
SAME MEANING AS IN SECTION 1306.20 OF THE REVISED CODE. 773
Sec. 1306.22. (A) NOTHING IN SECTIONS 1306.01 TO 1306.23 775
OF THE REVISED CODE SHALL BE CONSTRUED TO REQUIRE THE GENERAL 776
ASSEMBLY, ANY LEGISLATIVE AGENCY, THE SUPREME COURT, THE OTHER 778
COURTS OF RECORD IN THIS STATE, OR ANY JUDICIAL AGENCY TO USE OR 779
PERMIT THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES. 780
(B) THE GENERAL ASSEMBLY AND THE SUPREME COURT MAY ADOPT 782
RULES PERTAINING TO THE USE OF ELECTRONIC RECORDS AND ELECTRONIC 783
SIGNATURES BY THEIR RESPECTIVE BODIES AND AGENCIES. 784
Sec. 1306.23. RECORDS THAT WOULD DISCLOSE OR MAY LEAD TO 786
THE DISCLOSURE OF RECORDS OR INFORMATION THAT WOULD JEOPARDIZE 787
THE STATE'S CONTINUED USE OR SECURITY OF ANY COMPUTER OR 788
TELECOMMUNICATIONS DEVICES OR SERVICES ASSOCIATED WITH ELECTRONIC 789
SIGNATURES, ELECTRONIC RECORDS, OR ELECTRONIC TRANSACTIONS ARE 790
NOT PUBLIC RECORDS FOR PURPOSES OF SECTION 149.43 OF THE REVISED 791
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. The General Assembly hereby requests the 800
Supreme Court to adopt rules pertaining to the use of electronic 801
records and electronic signatures by the Supreme Court, the other 802
courts of record in this state, and all judicial agencies, and 803
recommends that such rules be consistent with sections 1306.01 to 804
1306.15 of the Revised Code, as enacted by this act. 805
Section 4. If any provision of this act or its application 807
to any person or circumstance is held invalid, the invalidity 808
does not affect other provisions or applications of this act that 809
can be given effect without the invalid provision or application, 810
21
and to this end the provisions of this act are severable. 811