The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
As Passed by the House
123rd General Assembly
Regular Session
1999-2000 | Sub. H. B. No. 488 |
REPRESENTATIVES TERWILLEGER-AMSTUTZ-HOUSEHOLDER-HARRIS-
GARDNER-TIBERI-CAREY-MOTTLEY-CORBIN-METZGER-HOLLISTER-
VAN VYVEN-WILLAMOWSKI-OLMAN-DePIERO-LUEBBERS-THOMAS-
TRAKAS-GOODMAN-HOOPS-AUSTRIA-DAMSCHRODER-HARTNETT-SYKES-
MAIER-BRADING-PETERSON-MEAD-SCHULER-METELSKY-TAYLOR-
JOLIVETTE-BUEHRER-FLANNERY-D. MILLER-ROBINSON-ALLEN-
EVANS-VERICH-STEVENS-WILSON-MYERS-DISTEL-CALVERT-SALERNO-
WIDENER-BARRETT-CATES-O'BRIEN-WINKLER-PATTON-GOODING-
BRITTON-BARNES-HOLLISTER-SYKES
A BILL
To enact sections 1306.01 to 1306.23
of the Revised Code to enact the Uniform Electronic Transactions Act
by providing for regulation of electronic
records and electronic signatures; to provide for consumer electronic
transactions and security procedures between parties;
and to provide for the use of electronic records and
signatures by state agencies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 1306.01, 1306.02, 1306.03, 1306.04,
1306.05, 1306.06, 1306.07, 1306.08, 1306.09, 1306.10, 1306.11,
1306.12, 1306.13, 1306.14, 1306.15, 1306.16, 1306.17,
1306.18, 1306.19, 1306.20, 1306.21,
1306.22, and 1306.23 of the Revised Code
be enacted to read as follows:
Sec. 1306.01. AS USED IN SECTIONS 1306.01 TO 1306.23 of the Revised Code:
(A) "AGREEMENT" MEANS THE BARGAIN OF THE PARTIES IN FACT, AS
FOUND IN THEIR LANGUAGE OR INFERRED FROM OTHER CIRCUMSTANCES AND FROM RULES,
REGULATIONS, AND PROCEDURES GIVEN THE EFFECT OF AGREEMENTS UNDER LAWS
OTHERWISE APPLICABLE TO A PARTICULAR TRANSACTION.
(B) "AUTOMATED TRANSACTION" MEANS A TRANSACTION CONDUCTED OR
PERFORMED, IN WHOLE OR IN PART, BY ELECTRONIC MEANS OR ELECTRONIC RECORDS, IN
WHICH THE ACTS OR RECORDS OF ONE OR BOTH PARTIES ARE NOT REVIEWED BY AN
INDIVIDUAL IN THE ORDINARY COURSE IN FORMING A CONTRACT, PERFORMING UNDER AN
EXISTING CONTRACT, OR FULFILLING AN OBLIGATION REQUIRED BY THE TRANSACTION.
(C) "COMPUTER PROGRAM" MEANS A SET OF STATEMENTS OR INSTRUCTIONS
TO BE USED DIRECTLY OR INDIRECTLY IN AN INFORMATION PROCESSING SYSTEM IN ORDER
TO BRING ABOUT A CERTAIN RESULT.
(D) "CONTRACT" MEANS THE TOTAL LEGAL OBLIGATION RESULTING FROM
THE PARTIES' AGREEMENT AS AFFECTED BY SECTIONS 1306.01 TO 1306.23 of the Revised Code AND
OTHER APPLICABLE LAW.
(E) "ELECTRONIC" MEANS RELATING TO TECHNOLOGY HAVING ELECTRICAL,
DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR
CAPABILITIES.
(F) "ELECTRONIC AGENT" MEANS A COMPUTER PROGRAM OR AN ELECTRONIC
OR OTHER AUTOMATED MEANS USED INDEPENDENTLY TO INITIATE AN ACTION OR RESPOND
TO ELECTRONIC RECORDS OR PERFORMANCES IN WHOLE OR IN PART, WITHOUT REVIEW OR
ACTION BY AN INDIVIDUAL.
(G) "ELECTRONIC RECORD" MEANS A RECORD CREATED, GENERATED, SENT,
COMMUNICATED, RECEIVED, OR STORED BY ELECTRONIC MEANS.
(H) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL,
OR PROCESS ATTACHED TO OR LOGICALLY ASSOCIATED WITH A RECORD AND EXECUTED OR
ADOPTED BY A PERSON WITH THE INTENT TO SIGN THE RECORD.
(I) "GOVERNMENTAL AGENCY" MEANS ANY EXECUTIVE, LEGISLATIVE, OR
JUDICIAL AGENCY, DEPARTMENT, BOARD, COMMISSION, AUTHORITY, INSTITUTION, OR
INSTRUMENTALITY OF THE FEDERAL GOVERNMENT, OF A STATE, OR
OF A COUNTY, MUNICIPALITY, OR OTHER POLITICAL
SUBDIVISION OF A STATE.
(J) "INFORMATION" MEANS DATA, TEXT, IMAGES, SOUNDS, CODES,
COMPUTER PROGRAMS, SOFTWARE, DATABASES, OR THE LIKE.
(K) "INFORMATION PROCESSING SYSTEM" MEANS AN ELECTRONIC SYSTEM
FOR CREATING, GENERATING, SENDING, RECEIVING, STORING, DISPLAYING, OR
PROCESSING INFORMATION.
(L) "PERSON" MEANS AN INDIVIDUAL, CORPORATION, BUSINESS TRUST,
ESTATE, TRUST, PARTNERSHIP, LIMITED LIABILITY COMPANY, ASSOCIATION, JOINT
VENTURE, GOVERNMENTAL AGENCY, PUBLIC CORPORATION, OR ANY OTHER
LEGAL OR
COMMERCIAL ENTITY.
(M) "RECORD" MEANS INFORMATION THAT IS INSCRIBED ON A TANGIBLE
MEDIUM OR THAT IS STORED IN AN ELECTRONIC OR OTHER MEDIUM AND IS RETRIEVABLE
IN PERCEIVABLE FORM.
(N) "SECURITY PROCEDURE" MEANS A PROCEDURE EMPLOYED FOR THE
PURPOSE OF VERIFYING THAT AN ELECTRONIC SIGNATURE, RECORD, OR PERFORMANCE IS
THAT OF A SPECIFIC PERSON OR FOR DETECTING CHANGES OR ERRORS IN THE
INFORMATION IN AN ELECTRONIC RECORD. "SECURITY PROCEDURE" INCLUDES A
PROCEDURE THAT REQUIRES THE USE OF ALGORITHMS OR OTHER CODES, IDENTIFYING WORD
OR NUMBERS, ENCRYPTION, OR CALLBACK OR OTHER ACKNOWLEDGMENT PROCEDURES.
(O) "STATE" MEANS A STATE OF THE UNITED STATES,
THE DISTRICT OF COLUMBIA, PUERTO RICO, THE
UNITED STATES VIRGIN ISLANDS, OR ANY
TERRITORY OR INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE
UNITED STATES. "STATE" INCLUDES AN INDIAN TRIBE OR
BAND, OR ALASKAN NATIVE VILLAGE, THAT IS RECOGNIZED BY FEDERAL LAW OR
FORMALLY ACKNOWLEDGED BY A STATE.
(P) "TRANSACTION" MEANS AN ACTION OR SET OF ACTIONS OCCURRING
BETWEEN TWO OR MORE PERSONS RELATING TO THE CONDUCT OF BUSINESS, COMMERCIAL,
OR GOVERNMENTAL AFFAIRS.
Sec. 1306.02. (A) EXCEPT AS PROVIDED IN DIVISION (B) OF
THIS SECTION, SECTIONS 1306.01 TO 1306.23 of the Revised Code APPLY TO ELECTRONIC RECORDS AND
ELECTRONIC SIGNATURES RELATING TO A TRANSACTION.
(B) SECTIONS
1306.01 TO 1306.23 of the Revised Code DO NOT APPLY TO A
TRANSACTION TO THE EXTENT IT IS GOVERNED BY ANY OF THE FOLLOWING:
(1) A LAW GOVERNING THE CREATION AND EXECUTION OF WILLS, CODICILS, OR
TESTAMENTARY TRUSTS;
(2) CHAPTER 1301., EXCEPT SECTIONS 1301.07 AND 1301.12, AND
CHAPTERS 1303., 1304., 1305., 1306., 1307., 1308., AND 1309. of the Revised Code.
Sec. 1306.03. SECTIONS 1306.01 TO 1306.23 OF THE REVISED
CODE APPLY TO ANY ELECTRONIC RECORD OR ELECTRONIC SIGNATURE CREATED,
GENERATED, SENT, COMMUNICATED, RECEIVED, OR STORED ON OR AFTER THE EFFECTIVE
DATE OF SECTIONS 1306.01 TO 1306.23 of the Revised Code.
Sec. 1306.04. (A) SECTIONS 1306.01 TO 1306.23 of the Revised Code DO NOT
REQUIRE A RECORD OR SIGNATURE TO BE CREATED, GENERATED, SENT, COMMUNICATED,
RECEIVED, STORED, OR OTHERWISE PROCESSED OR USED BY ELECTRONIC MEANS OR IN
ELECTRONIC FORM.
(B) SECTIONS 1306.01 TO 1306.23 OF THE REVISED
CODE APPLY ONLY TO TRANSACTIONS BETWEEN PARTIES EACH OF WHICH HAS
AGREED TO CONDUCT TRANSACTIONS BY ELECTRONIC MEANS. WHETHER THE PARTIES AGREE
TO CONDUCT A TRANSACTION BY ELECTRONIC MEANS IS
DETERMINED FROM THE CONTEXT
AND SURROUNDING CIRCUMSTANCES, INCLUDING THE PARTIES' CONDUCT.
(C) A PARTY THAT AGREES TO CONDUCT A TRANSACTION BY ELECTRONIC
MEANS MAY REFUSE TO CONDUCT OTHER TRANSACTIONS BY ELECTRONIC MEANS. THE RIGHT
GRANTED BY THIS DIVISION MAY NOT BE WAIVED BY AGREEMENT.
(D) EXCEPT AS OTHERWISE PROVIDED IN SECTIONS 1306.01 TO 1306.23
of the Revised Code, ANY OF THE PROVISIONS
OF SUCH SECTIONS MAY BE VARIED BY AGREEMENT. THE PRESENCE IN CERTAIN
PROVISIONS OF SECTIONS 1306.01 TO 1306.23 of the Revised Code OF THE WORDS "UNLESS OTHERWISE
AGREED," OR WORDS OF SIMILAR IMPORT, DOES NOT IMPLY THAT THE EFFECT OF OTHER
PROVISIONS MAY NOT BE VARIED BY AGREEMENT.
(E) WHETHER AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE HAS
LEGAL CONSEQUENCES IS DETERMINED BY SECTIONS 1306.01 TO 1306.23 of the Revised Code AND OTHER
APPLICABLE LAW.
Sec. 1306.05. SECTIONS 1306.01 TO 1306.15 of the Revised Code MAY BE KNOWN AND CITED AS
THE "UNIFORM ELECTRONIC TRANSACTIONS ACT" AND
SHALL BE CONSTRUED AND APPLIED AS FOLLOWS:
(A) TO FACILITATE ELECTRONIC TRANSACTIONS CONSISTENT WITH OTHER
APPLICABLE LAW;
(B) TO BE CONSISTENT WITH REASONABLE PRACTICES CONCERNING
ELECTRONIC
TRANSACTIONS AND WITH THE CONTINUED EXPANSION OF THOSE PRACTICES;
(C) TO EFFECTUATE ITS GENERAL PURPOSE TO MAKE UNIFORM THE LAW
WITH RESPECT TO THE SUBJECT OF SECTIONS 1306.01 TO 1306.15 of the Revised Code AMONG STATES
ENACTING THE UNIFORM ELECTRONIC TRANSACTIONS ACT.
Sec. 1306.06. (A) A RECORD OR SIGNATURE MAY NOT BE DENIED LEGAL
EFFECT OR ENFORCEABILITY SOLELY BECAUSE IT IS IN ELECTRONIC FORM.
(B) A CONTRACT MAY NOT BE DENIED LEGAL EFFECT OR ENFORCEABILITY
SOLELY BECAUSE AN ELECTRONIC RECORD WAS USED IN ITS FORMATION.
(C) IF A LAW REQUIRES A RECORD TO BE IN WRITING, AN ELECTRONIC
RECORD SATISFIES THE LAW.
(D) IF A LAW REQUIRES A SIGNATURE, AN ELECTRONIC SIGNATURE
SATISFIES THE LAW.
Sec. 1306.07. (A) IF THE PARTIES HAVE AGREED TO CONDUCT A
TRANSACTION BY ELECTRONIC MEANS AND A LAW REQUIRES A PERSON TO PROVIDE, SEND,
OR DELIVER INFORMATION IN WRITING TO ANOTHER PERSON, THE REQUIREMENT IS
SATISFIED IF THE
INFORMATION IS PROVIDED, SENT, OR DELIVERED, AS THE CASE MAY BE, IN AN
ELECTRONIC RECORD CAPABLE OF RETENTION BY THE RECIPIENT AT THE TIME OF
RECEIPT. AN ELECTRONIC RECORD IS NOT CAPABLE OF RETENTION BY THE RECIPIENT IF
THE SENDER OR ITS INFORMATION PROCESSING SYSTEM INHIBITS THE ABILITY OF THE
RECIPIENT TO PRINT OR STORE THE ELECTRONIC RECORD.
(B) IF A LAW OTHER THAN SECTIONS 1306.01 TO 1306.23 of the Revised Code REQUIRES
A RECORD TO BE POSTED OR DISPLAYED IN A CERTAIN MANNER, TO BE SENT,
COMMUNICATED, OR TRANSMITTED BY A SPECIFIED METHOD, OR TO CONTAIN INFORMATION
THAT IS FORMATTED IN A CERTAIN MANNER, ALL OF THE FOLLOWING APPLY:
(1) THE RECORD SHALL BE POSTED OR DISPLAYED IN THE MANNER SPECIFIED IN THE
OTHER LAW.
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(2) OF THIS
SECTION, THE RECORD SHALL BE SENT, COMMUNICATED, OR TRANSMITTED BY THE METHOD
SPECIFIED IN THE OTHER LAW.
(3) THE RECORD SHALL CONTAIN THE INFORMATION FORMATTED IN THE MANNER
SPECIFIED IN THE OTHER LAW.
(C) IF A SENDER INHIBITS THE ABILITY OF A RECIPIENT TO STORE OR
PRINT AN ELECTRONIC RECORD, THE ELECTRONIC RECORD IS NOT ENFORCEABLE AGAINST
THE RECIPIENT.
(D) DIVISIONS (A), (B), AND (C)
OF THIS SECTION MAY NOT BE VARIED BY AGREEMENT, EXCEPT AS FOLLOWS:
(1) TO THE EXTENT A LAW, OTHER THAN SECTIONS 1306.01 TO 1306.23 of the Revised Code,
REQUIRES INFORMATION TO BE PROVIDED, SENT, OR DELIVERED IN WRITING BUT PERMITS
THAT REQUIREMENT TO BE VARIED BY AGREEMENT, THE REQUIREMENT UNDER DIVISION
(A) OF THIS SECTION THAT THE INFORMATION BE IN THE FORM OF AN
ELECTRONIC RECORD CAPABLE OF RETENTION ALSO MAY BE VARIED BY AGREEMENT;
(2) A REQUIREMENT UNDER A LAW, OTHER THAN SECTIONS 1306.01 TO 1306.23
of the Revised Code, TO SEND, COMMUNICATE, OR TRANSMIT A RECORD BY REGULAR MAIL MAY BE VARIED
BY AGREEMENT TO THE EXTENT PERMITTED BY THE OTHER LAW.
Sec. 1306.08. (A) AN ELECTRONIC RECORD OR
ELECTRONIC SIGNATURE IS
ATTRIBUTABLE TO A PERSON IF IT WAS THE ACT OF THE PERSON. THE ACT OF THE
PERSON MAY BE SHOWN IN ANY MANNER, INCLUDING A SHOWING OF THE EFFICACY OF ANY
SECURITY PROCEDURE APPLIED TO DETERMINE THE PERSON TO WHICH THE ELECTRONIC
RECORD OR ELECTRONIC SIGNATURE IS ATTRIBUTABLE.
(B) THE EFFECT OF AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE
ATTRIBUTED TO A PERSON UNDER DIVISION (A) OF THIS SECTION SHALL BE
DETERMINED FROM THE CONTEXT AND SURROUNDING CIRCUMSTANCES AT THE TIME OF ITS
CREATION, EXECUTION, OR ADOPTION, INCLUDING THE PARTIES' AGREEMENT, IF ANY,
AND OTHERWISE AS PROVIDED BY LAW.
Sec. 1306.09. (A) IF A CHANGE OR ERROR IN AN ELECTRONIC
RECORD OCCURS IN A TRANSMISSION BETWEEN PARTIES TO A TRANSACTION, BOTH OF THE
FOLLOWING APPLY:
(1) IF THE PARTIES HAVE AGREED TO USE A SECURITY PROCEDURE TO
DETECT CHANGES OR ERRORS AND ONE PARTY HAS CONFORMED TO THE PROCEDURE, BUT THE
OTHER PARTY HAS NOT, AND THE NONCONFORMING PARTY WOULD HAVE DETECTED
THE CHANGE OR ERROR HAD THAT PARTY ALSO CONFORMED, THE CONFORMING PARTY MAY
AVOID THE EFFECT OF THE CHANGED OR ERRONEOUS ELECTRONIC RECORD.
(2) IN AN AUTOMATED TRANSACTION INVOLVING AN INDIVIDUAL, THE
INDIVIDUAL MAY AVOID THE EFFECT OF AN ELECTRONIC RECORD THAT RESULTED FROM AN
ERROR MADE BY THE INDIVIDUAL IN DEALING WITH THE ELECTRONIC AGENT OF ANOTHER
PERSON, IF THE ELECTRONIC AGENT DID NOT PROVIDE AN OPPORTUNITY FOR THE
PREVENTION OR CORRECTION OF THE ERROR AND, AT THE TIME THE INDIVIDUAL LEARNS
OF THE ERROR, THE INDIVIDUAL DOES ALL OF THE FOLLOWING:
(a) THE INDIVIDUAL PROMPTLY NOTIFIES THE OTHER PERSON OF THE
ERROR AND
THAT THE INDIVIDUAL DID NOT INTEND TO BE BOUND BY THE ELECTRONIC RECORD
RECEIVED BY THE OTHER PERSON.
(b) THE INDIVIDUAL TAKES REASONABLE STEPS, INCLUDING STEPS THAT
CONFORM TO
THE OTHER PERSON'S REASONABLE INSTRUCTIONS, TO RETURN TO THE OTHER PERSON OR,
IF INSTRUCTED BY THE OTHER PERSON, TO DESTROY THE CONSIDERATION RECEIVED, IF
ANY, AS A RESULT OF THE ERRONEOUS ELECTRONIC RECORD.
(c) THE INDIVIDUAL HAS NOT USED OR RECEIVED ANY BENEFIT OR VALUE
FROM THE
CONSIDERATION, IF ANY, RECEIVED FROM THE OTHER PERSON.
(B) IF DIVISIONS (A)(1) AND (2) OF THIS SECTION DO
NOT APPLY, THE CHANGE OR ERROR HAS THE EFFECT PROVIDED BY OTHER LAW, INCLUDING
THE LAW OF MISTAKE, AND THE PARTIES' CONTRACT, IF ANY.
(C) DIVISIONS (A)(2) AND (B) OF THIS SECTION
MAY
NOT BE VARIED BY AGREEMENT.
Sec. 1306.10. IF A LAW REQUIRES A SIGNATURE OR RECORD TO BE NOTARIZED,
ACKNOWLEDGED, VERIFIED, OR MADE UNDER OATH, THE REQUIREMENT IS SATISFIED IF
THE ELECTRONIC SIGNATURE OF THE PERSON AUTHORIZED TO PERFORM THOSE ACTS,
TOGETHER WITH ALL OTHER INFORMATION REQUIRED TO BE INCLUDED BY OTHER
APPLICABLE LAW, IS ATTACHED TO OR LOGICALLY ASSOCIATED WITH THE SIGNATURE OR
RECORD.
Sec. 1306.11. (A) IF A LAW REQUIRES THAT A RECORD BE RETAINED,
THE
REQUIREMENT IS SATISFIED BY RETAINING AN ELECTRONIC RECORD OF THE INFORMATION
IN THE RECORD IF BOTH OF THE FOLLOWING ARE SATISFIED:
(1) THE ELECTRONIC RECORD ACCURATELY AND COMPLETELY REFLECTS THE
INFORMATION SET FORTH IN
THE RECORD AFTER IT WAS FIRST GENERATED IN ITS FINAL FORM AS AN ELECTRONIC
RECORD OR OTHERWISE.
(2) THE ELECTRONIC RECORD REMAINS ACCESSIBLE FOR LATER REFERENCE.
(B) A REQUIREMENT TO RETAIN A RECORD IN ACCORDANCE WITH DIVISION
(A) OF THIS SECTION DOES NOT APPLY TO ANY INFORMATION THE SOLE
PURPOSE OF WHICH IS TO ENABLE THE RECORD TO BE SENT, COMMUNICATED, OR
RECEIVED.
(C) A PERSON SATISFIES DIVISION (A) OF THIS SECTION BY
USING THE SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF THAT DIVISION ARE
SATISFIED.
(D) IF A LAW REQUIRES A RECORD TO BE PRESENTED OR RETAINED IN ITS
ORIGINAL FORM, OR PROVIDES CONSEQUENCES IF THE RECORD IS NOT PRESENTED OR
RETAINED IN ITS ORIGINAL FORM, THAT LAW IS SATISFIED BY AN ELECTRONIC RECORD
RETAINED IN ACCORDANCE WITH DIVISION (A) OF THIS SECTION.
(E) IF A LAW REQUIRES RETENTION OF A CHECK, THAT REQUIREMENT IS
SATISFIED BY RETENTION OF AN ELECTRONIC RECORD OF THE INFORMATION ON THE FRONT
AND BACK OF THE CHECK IN ACCORDANCE WITH DIVISION (A) OF THIS
SECTION.
(F) A RECORD RETAINED AS AN ELECTRONIC RECORD IN ACCORDANCE WITH
DIVISION (A) OF THIS SECTION SATISFIES A LAW REQUIRING A PERSON TO
RETAIN A RECORD FOR EVIDENTIARY, AUDIT, OR SIMILAR PURPOSES, UNLESS A LAW
ENACTED AFTER THE EFFECTIVE DATE OF THIS SECTION SPECIFICALLY PROHIBITS THE
USE OF AN ELECTRONIC RECORD FOR THE SPECIFIED PURPOSE.
(G) THIS SECTION DOES NOT
PRECLUDE A GOVERNMENTAL AGENCY OF THIS
STATE FROM SPECIFYING ADDITIONAL REQUIREMENTS FOR
THE RETENTION OF A RECORD SUBJECT TO THE AGENCY'S JURISDICTION.
Sec. 1306.12. IN A PROCEEDING, EVIDENCE OF A RECORD OR SIGNATURE MAY NOT
BE EXCLUDED SOLELY BECAUSE IT IS IN ELECTRONIC FORM.
Sec. 1306.13. IN AN AUTOMATED TRANSACTION, ALL OF THE FOLLOWING APPLY:
(A) A CONTRACT MAY BE FORMED BY THE INTERACTION OF ELECTRONIC
AGENTS OF THE PARTIES, EVEN IF NO INDIVIDUAL WAS AWARE OF OR REVIEWED THE
ELECTRONIC AGENTS' ACTIONS OR THE RESULTING TERMS AND AGREEMENTS.
(B) A CONTRACT MAY BE FORMED BY THE INTERACTION OF AN ELECTRONIC
AGENT AND AN INDIVIDUAL, ACTING ON THE INDIVIDUAL'S OWN BEHALF OR FOR ANOTHER
PERSON, INCLUDING BY AN INTERACTION IN WHICH THE INDIVIDUAL PERFORMS ACTIONS
THAT THE INDIVIDUAL IS FREE TO REFUSE TO PERFORM AND THAT THE INDIVIDUAL KNOWS
OR HAS REASON TO KNOW WILL CAUSE THE ELECTRONIC AGENT TO COMPLETE THE
TRANSACTION OR PERFORMANCE.
(C) THE TERMS OF THE CONTRACT DESCRIBED IN THIS SECTION ARE
DETERMINED BY THE SUBSTANTIVE
LAW APPLICABLE TO THE CONTRACT.
Sec. 1306.14. (A) UNLESS OTHERWISE AGREED BETWEEN THE SENDER AND
THE RECIPIENT, AN ELECTRONIC RECORD IS SENT WHEN IT SATISFIES ALL OF THE
FOLLOWING:
(1) THE RECORD IS ADDRESSED PROPERLY OR OTHERWISE DIRECTED PROPERLY TO AN
INFORMATION PROCESSING SYSTEM THAT THE RECIPIENT HAS DESIGNATED OR USES FOR
THE PURPOSE OF RECEIVING ELECTRONIC RECORDS OR INFORMATION OF THE TYPE SENT,
AND FROM WHICH THE RECIPIENT IS ABLE TO RETRIEVE THE ELECTRONIC RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY THE INFORMATION
PROCESSING SYSTEM DESCRIBED IN DIVISION (A)(1) OF THIS SECTION.
(3) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM OUTSIDE THE CONTROL
OF THE SENDER OR OF A PERSON THAT SENT THE ELECTRONIC RECORD ON BEHALF OF THE
SENDER, OR ENTERS A REGION OF THE INFORMATION PROCESSING SYSTEM DESIGNATED OR
USED BY THE RECIPIENT THAT IS UNDER THE CONTROL OF THE RECIPIENT.
(B) UNLESS OTHERWISE AGREED BETWEEN A SENDER AND THE RECIPIENT,
AN ELECTRONIC RECORD IS RECEIVED WHEN BOTH OF THE FOLLOWING ARE SATISFIED:
(1) THE RECORD ENTERS AN INFORMATION PROCESSING SYSTEM THAT THE RECIPIENT
HAS DESIGNATED OR USES FOR THE PURPOSE OF RECEIVING ELECTRONIC RECORDS OR
INFORMATION OF THE TYPE SENT, AND FROM WHICH THE RECIPIENT IS ABLE TO RETRIEVE
THE ELECTRONIC RECORD.
(2) THE RECORD IS IN A FORM CAPABLE OF BEING PROCESSED BY THE INFORMATION
PROCESSING SYSTEM DESCRIBED IN DIVISION (B)(1) OF THIS SECTION.
(C) DIVISION (B) OF THIS SECTION APPLIES EVEN IF THE
PLACE THE INFORMATION PROCESSING SYSTEM IS LOCATED IS DIFFERENT FROM THE PLACE
THE ELECTRONIC RECORD IS DEEMED TO BE RECEIVED UNDER DIVISION (D) OF
THIS SECTION.
(D)(1) UNLESS OTHERWISE EXPRESSLY PROVIDED IN THE ELECTRONIC
RECORD OR AGREED BETWEEN THE SENDER AND THE RECIPIENT, AN ELECTRONIC RECORD IS
DEEMED TO BE SENT FROM THE SENDER'S PLACE OF BUSINESS AND TO BE RECEIVED AT
THE RECIPIENT'S PLACE OF BUSINESS.
(2) FOR PURPOSES OF DIVISION (D)(1) OF THIS SECTION, BOTH OF THE
FOLLOWING APPLY:
(a) IF THE SENDER OR RECIPIENT HAS MORE THAN ONE PLACE OF
BUSINESS, THE PLACE OF BUSINESS OF THAT PERSON IS THE PLACE HAVING THE CLOSEST
RELATIONSHIP TO THE UNDERLYING TRANSACTION.
(b) IF THE SENDER OR THE RECIPIENT DOES NOT HAVE A PLACE OF
BUSINESS, THE PLACE OF BUSINESS IS THE SENDER'S OR RECIPIENT'S RESIDENCE, AS
THE CASE MAY BE.
(E) AN ELECTRONIC RECORD IS RECEIVED UNDER DIVISION (B)
OF THIS SECTION EVEN IF NO INDIVIDUAL IS AWARE OF ITS RECEIPT.
(F) RECEIPT OF AN ELECTRONIC ACKNOWLEDGMENT FROM AN INFORMATION
PROCESSING SYSTEM DESCRIBED IN DIVISION (B) OF THIS SECTION
ESTABLISHES THAT A RECORD WAS RECEIVED, BUT, BY ITSELF, DOES NOT ESTABLISH
THAT THE CONTENT SENT CORRESPONDS TO THE CONTENT RECEIVED.
(G)(1) IF A PERSON IS AWARE THAT AN ELECTRONIC RECORD PURPORTEDLY
SENT UNDER DIVISION (A) OF THIS SECTION, OR PURPORTEDLY RECEIVED
UNDER
DIVISION (B) OF THIS SECTION, WAS NOT ACTUALLY SENT OR RECEIVED, THE
LEGAL EFFECT OF THE SENDING OR RECEIPT IS DETERMINED BY OTHER APPLICABLE LAW.
(2) EXCEPT TO THE EXTENT PERMITTED BY OTHER LAW, DIVISION (G)(1)
OF THIS SECTION MAY NOT BE VARIED BY AGREEMENT.
Sec. 1306.15. (A) AS USED IN THIS SECTION, "TRANSFERABLE RECORD"
MEANS AN ELECTRONIC RECORD THAT SATISFIES BOTH OF THE FOLLOWING:
(1) THE TRANSFERABLE RECORD WOULD BE A NOTE UNDER CHAPTER 1303.
OR A DOCUMENT UNDER CHAPTER 1307. of the Revised Code, IF THE ELECTRONIC RECORD WERE
IN WRITING.
(2) THE ISSUER OF THE ELECTRONIC RECORD EXPRESSLY HAS AGREED THAT IT IS A
TRANSFERABLE RECORD.
(B) A PERSON HAS CONTROL OF A TRANSFERABLE RECORD IF A SYSTEM
EMPLOYED FOR EVIDENCING THE TRANSFER OF INTERESTS IN THE TRANSFERABLE RECORD
RELIABLY ESTABLISHES THAT PERSON AS THE PERSON TO WHICH THE TRANSFERABLE
RECORD WAS ISSUED OR TRANSFERRED.
(C) A SYSTEM SATISFIES DIVISION (B) OF THIS SECTION, AND
A PERSON IS DEEMED TO HAVE CONTROL OF A TRANSFERABLE RECORD, IF THE
TRANSFERABLE RECORD IS CREATED, STORED, AND ASSIGNED IN SUCH A MANNER THAT
SATISFIES ALL OF THE FOLLOWING:
(1) A SINGLE AUTHORITATIVE COPY OF THE TRANSFERABLE RECORD EXISTS THAT IS
UNIQUE, IDENTIFIABLE, AND, EXCEPT AS PROVIDED IN DIVISIONS (C)(4) TO
(6) OF THIS SECTION, UNALTERABLE.
(2) THE AUTHORITATIVE COPY IDENTIFIES THE PERSON ASSERTING CONTROL AS
EITHER OF THE FOLLOWING:
(a) THE PERSON TO WHICH THE TRANSFERABLE RECORD WAS ISSUED;
(b) IF THE AUTHORITATIVE COPY INDICATES THAT THE TRANSFERABLE
RECORD HAS BEEN TRANSFERRED, THE PERSON TO WHICH THE TRANSFERABLE RECORD MOST
RECENTLY WAS TRANSFERRED.
(3) THE AUTHORITATIVE COPY IS COMMUNICATED TO AND MAINTAINED BY THE PERSON
ASSERTING CONTROL OR ITS DESIGNATED CUSTODIAN.
(4) COPIES OR REVISIONS THAT ADD OR CHANGE AN IDENTIFIED ASSIGNEE OF THE
AUTHORITATIVE COPY MAY BE MADE ONLY WITH THE CONSENT OF THE PERSON ASSERTING
CONTROL.
(5) EACH COPY OF THE AUTHORITATIVE COPY AND ANY COPY OF A COPY IS READILY
IDENTIFIABLE AS A COPY THAT IS NOT THE AUTHORITATIVE COPY.
(6) ANY REVISION OF THE AUTHORITATIVE COPY IS READILY IDENTIFIABLE AS
AUTHORIZED OR UNAUTHORIZED.
(D)(1) EXCEPT AS OTHERWISE AGREED, A PERSON HAVING CONTROL OF A
TRANSFERABLE RECORD IS THE HOLDER, AS DEFINED IN SECTION 1301.01 of the Revised Code, OF THE
TRANSFERABLE RECORD AND HAS THE SAME RIGHTS AND DEFENSES AS A HOLDER OF AN
EQUIVALENT RECORD OR WRITING UNDER THE UNIFORM COMMERCIAL CODE. IF THE
APPLICABLE STATUTORY REQUIREMENTS UNDER SECTION 1303.32, 1307.29, OR 1309.27
of the Revised Code ARE SATISFIED, THESE RIGHTS AND DEFENSES INCLUDE THE RIGHTS AND DEFENSES
OF A HOLDER IN DUE COURSE, A HOLDER TO WHICH A NEGOTIABLE DOCUMENT OF TITLE
HAS BEEN DULY NEGOTIATED, OR A PURCHASER, RESPECTIVELY.
(2) DELIVERY, POSSESSION, AND INDORSEMENT ARE NOT REQUIRED TO OBTAIN OR
EXERCISE ANY OF THE RIGHTS UNDER DIVISION (D)(1) OF THIS SECTION.
(E) EXCEPT AS OTHERWISE AGREED, AN OBLIGOR UNDER A TRANSFERABLE
RECORD HAS THE SAME RIGHTS AND DEFENSES AS AN EQUIVALENT OBLIGOR UNDER
EQUIVALENT RECORDS OR WRITINGS UNDER THE UNIFORM COMMERCIAL CODE.
(F)(1) IF REQUESTED BY A PERSON AGAINST WHICH ENFORCEMENT IS
SOUGHT, THE PERSON SEEKING TO ENFORCE THE TRANSFERABLE RECORD SHALL PROVIDE
REASONABLE PROOF THAT THE PERSON IS IN CONTROL OF THE TRANSFERABLE RECORD.
(2) PROOF REQUIRED BY DIVISION (F)(1) OF THIS SECTION MAY INCLUDE
ACCESS TO THE AUTHORITATIVE COPY OF THE TRANSFERABLE RECORD AND RELATED
BUSINESS RECORDS SUFFICIENT TO REVIEW THE TERMS OF THE TRANSFERABLE RECORD AND
TO ESTABLISH THE IDENTITY OF THE PERSON HAVING CONTROL OF THE TRANSFERABLE
RECORD.
Sec. 1306.16. (A) A PROVISION OF A NONELECTRONIC CONTRACT
INVOLVING A CONSUMER AND TO WHICH A STATE AGENCY IS NOT A PARTY THAT
AUTHORIZES THE CONDUCTING OF A TRANSACTION OR ANY
PART OF A TRANSACTION BY ELECTRONIC MEANS IS UNENFORCEABLE AGAINST THE
CONSUMER, UNLESS THE CONSUMER SEPARATELY SIGNS THE PROVISION.
(B) A CONSUMER'S AGREEMENT TO CONDUCT A TRANSACTION OR A PART OF
A TRANSACTION ELECTRONICALLY SHALL NOT BE INFERRED SOLELY FROM THE FACT THAT
THE CONSUMER HAS USED ELECTRONIC MEANS TO PAY AN ACCOUNT OR REGISTER A
PURCHASE OR WARRANTY.
(C) DIVISIONS (A) AND (B) OF THIS SECTION APPLY
TO EVERY TRANSACTION DESCRIBED IN THOSE DIVISIONS NOTWITHSTANDING ANY OTHER
PROVISION OF SECTIONS 1306.01 TO 1306.23 OF THE REVISED
CODE. THIS SECTION SHALL NOT BE VARIED BY AGREEMENT.
(D) FOR PURPOSES OF THIS SECTION, BOTH OF THE FOLLOWING APPLY:
(1) "CONSUMER" MEANS AN INDIVIDUAL
WHO IS INVOLVED IN A TRANSACTION PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD
PURPOSES.
(2) "STATE AGENCY" MEANS EVERY ORGANIZED BODY, OFFICE, OR AGENCY
ESTABLISHED BY THE LAWS OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT.
Sec. 1306.17. (A) THIS SECTION AND SECTION 1306.18 OF THE
REVISED CODE APPLY TO THE
ATTRIBUTION OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES AMONG PARTIES
THAT ARE NOT STATE AGENCIES.
(B) FOR PURPOSES OF THIS SECTION AND SECTION 1306.18 OF
THE REVISED CODE, THE COMMERCIAL
REASONABLENESS OF A SECURITY PROCEDURE IS TO BE DETERMINED BY A COURT. IN
MAKING THIS
DETERMINATION, BOTH OF THE FOLLOWING APPLY:
(1) A SECURITY PROCEDURE ESTABLISHED BY STATUTE OR REGULATION IS
EFFECTIVE FOR TRANSACTIONS COVERED BY THE STATUTE OR REGULATION.
(2) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(1) OF THIS
SECTION, THE COMMERCIAL REASONABLENESS AND EFFECTIVENESS IS TO BE
DETERMINED IN LIGHT OF THE PURPOSES OF THE SECURITY PROCEDURE AND
THE COMMERCIAL CIRCUMSTANCES AT THE TIME THE PARTIES AGREE TO OR
ADOPT THE PROCEDURE.
(C) AS USED IN THIS SECTION, "STATE AGENCY" MEANS EVERY ORGANIZED
BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS OF THE STATE FOR THE
EXERCISE OF ANY FUNCTION OF STATE GOVERNMENT.
Sec. 1306.18. (A) IF THERE IS A SECURITY PROCEDURE BETWEEN THE
PARTIES WITH RESPECT TO AN ELECTRONIC SIGNATURE OR ELECTRONIC RECORD,
BOTH OF THE FOLLOWING APPLY:
(1) THE EFFECT OF COMPLIANCE WITH A SECURITY PROCEDURE
ESTABLISHED BY A LAW OR REGULATION IS DETERMINED BY THAT LAW OR
REGULATION.
(2) IN ALL OTHER CASES THAN THOSE DESCRIBED IN DIVISION (A)(1) OF
THIS SECTION, IF THE PARTIES AGREE TO USE OR OTHERWISE KNOWINGLY ADOPT A
SECURITY PROCEDURE TO VERIFY THE PERSON FROM WHICH AN
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD HAS BEEN SENT, THE
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS ATTRIBUTABLE TO THE
PERSON IDENTIFIED BY THE SECURITY PROCEDURE, IF THE PERSON RELYING
ON THE ATTRIBUTION ESTABLISHES ALL OF THE FOLLOWING:
(a) THE SECURITY PROCEDURE IS COMMERCIALLY REASONABLE.
(b) THE PARTY ACCEPTED OR RELIED ON THE ELECTRONIC MESSAGE IN
GOOD FAITH AND IN COMPLIANCE WITH THE SECURITY PROCEDURE AND ANY ADDITIONAL
AGREEMENT WITH OR SEPARATE INSTRUCTIONS OF
THE OTHER PARTY.
(c) THE SECURITY PROCEDURE INDICATES THAT THE ELECTRONIC MESSAGE
IS FROM THE PERSON TO WHICH ATTRIBUTION IS SOUGHT.
(B) IF THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS NOT
ATTRIBUTABLE TO A PARTY UNDER SECTION 1306.08 OF THE REVISED
CODE BUT IS ATTRIBUTABLE TO THE PARTY UNDER OTHER PROVISIONS OF THIS
SECTION, THEN, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS
SECTION, THE ELECTRONIC SIGNATURE OR ELECTRONIC RECORD IS NOT
ATTRIBUTABLE TO THE PARTY IF THE PARTY ESTABLISHES THAT THE
ELECTRONIC SIGNATURE OR ELECTRONIC RECORD WAS CAUSED DIRECTLY OR
INDIRECTLY BY A PERSON MEETING ANY OF THE FOLLOWING:
(1) THE PERSON WAS NOT ENTRUSTED AT ANY TIME WITH THE RIGHT OR
DUTY TO ACT FOR THE PARTY WITH RESPECT TO SUCH ELECTRONIC SIGNATURE OR
ELECTRONIC RECORD OR SECURITY PROCEDURE.
(2) THE PERSON LAWFULLY OBTAINED ACCESS TO TRANSMITTING
FACILITIES OF THE PARTY, IF SUCH ACCESS FACILITATED THE MISUSE OF THE
SECURITY PROCEDURE.
(3) THE PERSON OBTAINED, FROM A SOURCE CONTROLLED BY THE PARTY,
INFORMATION FACILITATING MISUSE OF THE SECURITY PROCEDURE.
(C) IF THE PARTIES USE A COMMERCIALLY REASONABLE SECURITY
PROCEDURE TO DETECT ERRORS OR CHANGES WITH RESPECT TO AN ELECTRONIC
SIGNATURE OR ELECTRONIC RECORD, BOTH OF THE FOLLOWING APPLY:
(1) THE EFFECT OF A SECURITY PROCEDURE IS DETERMINED BY THE
AGREEMENT BETWEEN THE PARTIES, OR, IN THE ABSENCE OF AN AGREEMENT, BY THIS
SECTION OR ANY LAW ESTABLISHING THE SECURITY PROCEDURE.
(2) UNLESS THE CIRCUMSTANCES INDICATE OTHERWISE, IF A SECURITY
PROCEDURE INDICATES THAT AN ELECTRONIC SIGNATURE OR ELECTRONIC RECORD HAS
NOT BEEN ALTERED SINCE A PARTICULAR TIME, IT SHALL BE TREATED AS NOT
HAVING BEEN ALTERED SINCE THAT TIME.
Sec. 1306.19. SECTIONS 1306.17 AND 1306.18 OF THE REVISED
CODE DO NOT APPLY TO TRANSACTIONS TO WHICH A CONSUMER IS A PARTY.
Sec. 1306.20. (A) SUBJECT TO SECTION 1306.11 of the Revised Code, EACH STATE
AGENCY SHALL DETERMINE IF, AND THE
EXTENT TO WHICH, IT WILL SEND AND RECEIVE ELECTRONIC RECORDS AND ELECTRONIC
SIGNATURES TO AND FROM OTHER PERSONS AND OTHERWISE CREATE, GENERATE,
COMMUNICATE, STORE, PROCESS, USE, AND RELY
UPON ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(B)(1) SUBJECT TO DIVISION (B)(2) OF THIS SECTION, A
STATE AGENCY MAY WAIVE A REQUIREMENT IN THE REVISED CODE,
OTHER THAN A REQUIREMENT IN SECTIONS 1306.01
TO 1306.15 of the Revised Code, THAT RELATES TO ANY OF THE FOLLOWING:
(a) THE METHOD OF POSTING OR DISPLAYING RECORDS;
(b) THE MANNER OF SENDING, COMMUNICATING, OR TRANSMITTING
RECORDS;
(c) THE MANNER OF FORMATTING RECORDS.
(2) A STATE AGENCY MAY EXERCISE ITS AUTHORITY TO WAIVE A
REQUIREMENT UNDER DIVISION (B)(1) OF THIS SECTION ONLY IF THE
FOLLOWING APPLY:
(a) THE REQUIREMENT RELATES TO A MATTER OVER WHICH THE STATE
AGENCY HAS JURISDICTION;
(b) THE WAIVER IS CONSISTENT WITH CRITERIA SET FORTH IN RULES
ADOPTED BY THE STATE AGENCY. THE CRITERIA, TO THE EXTENT REASONABLE UNDER THE CIRCUMSTANCES, SHALL
CONTAIN STANDARDS TO FACILITATE THE USE OF ELECTRONIC COMMERCE BY
PERSONS UNDER THE JURISDICTION OF THE STATE AGENCY CONSISTENT WITH
RULES ADOPTED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES
PURSUANT TO DIVISION (A) OF SECTION 1306.21 OF THE REVISED CODE.
(C) IF A STATE AGENCY CREATES, USES, RECEIVES, OR RETAINS
ELECTRONIC RECORDS, BOTH OF THE FOLLOWING APPLY:
(1) ANY RULES ADOPTED BY A STATE AGENCY RELATING TO ELECTRONIC RECORDS
SHALL BE CONSISTENT WITH RULES ADOPTED BY THE DEPARTMENT OF
ADMINISTRATIVE SERVICES PURSUANT TO DIVISION (A) OF SECTION 1306.21
OF THE REVISED CODE.
(2) EACH STATE AGENCY SHALL CREATE, USE, RECEIVE, AND RETAIN ELECTRONIC
RECORDS IN ACCORDANCE WITH SECTION 149.40 OF THE REVISED
CODE.
(D) IF A STATE AGENCY CREATES, USES, OR RECEIVES ELECTRONIC
SIGNATURES, THE STATE AGENCY SHALL CREATE, USE, OR RECEIVE THE SIGNATURES
IN ACCORDANCE WITH RULES ADOPTED BY THE DEPARTMENT OF ADMINISTRATIVE SERVICES
PURSUANT TO DIVISION (A) OF SECTION 1306.21 OF THE
REVISED CODE.
(E)(1) TO THE EXTENT A STATE AGENCY RETAINS AN ELECTRONIC RECORD,
THE STATE AGENCY MAY RETAIN A RECORD IN A FORMAT THAT IS DIFFERENT FROM THE
FORMAT IN WHICH THE RECORD WAS ORIGINALLY CREATED, USED, SENT, OR RECEIVED
ONLY IF IT CAN BE DEMONSTRATED THAT THE ALTERNATIVE FORMAT USED ACCURATELY
AND COMPLETELY REFLECTS THE RECORD AS IT WAS ORIGINALLY CREATED, USED, SENT,
OR RECEIVED.
(2) IF A STATE AGENCY IN RETAINING ANY SET OF ELECTRONIC RECORDS PURSUANT
TO DIVISION (E)(1) OF THIS SECTION ALTERS THE FORMAT OF THE RECORDS,
THE STATE AGENCY SHALL CREATE A CERTIFICATE OF AUTHENTICITY FOR EACH SET OF
RECORDS
THAT IS ALTERED.
(3) THE DEPARTMENT OF ADMINISTRATIVE SERVICES, IN CONSULTATION WITH THE
STATE ARCHIVIST, SHALL ADOPT RULES IN ACCORDANCE WITH SECTION 111.15 OF THE
REVISED CODE THAT ESTABLISH THE METHODS FOR CREATING
CERTIFICATES OF AUTHENTICITY PURSUANT TO DIVISION (E)(2) OF THIS
SECTION.
(F) WHENEVER ANY RULE OF LAW REQUIRES OR AUTHORIZES THE FILING OF
ANY INFORMATION, NOTICE, LIEN, OR OTHER DOCUMENT OR RECORD WITH ANY STATE
AGENCY, A FILING MADE BY AN ELECTRONIC RECORD SHALL HAVE THE SAME FORCE AND
EFFECT AS A FILING MADE ON PAPER IN ALL CASES WHERE THE STATE AGENCY HAS
AUTHORIZED OR AGREED TO SUCH ELECTRONIC FILING AND THE FILING IS MADE IN
ACCORDANCE WITH APPLICABLE RULES OR AGREEMENT.
(G) NOTHING IN SECTIONS 1306.01 TO 1306.23 OF THE
REVISED CODE SHALL BE CONSTRUED TO REQUIRE ANY STATE AGENCY
TO USE OR PERMIT THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES.
(H)(1) NOTWITHSTANDING DIVISION (C)(1) OR (D)
OF THIS SECTION, ANY STATE AGENCY THAT, PRIOR TO THE EFFECTIVE DATE OF THIS
SECTION, USED OR PERMITTED THE USE OF ELECTRONIC RECORDS OR ELECTRONIC
SIGNATURES PURSUANT TO LAWS ENACTED, RULES ADOPTED, OR AGENCY POLICIES ADOPTED
BEFORE THE EFFECTIVE DATE OF THIS SECTION, MAY USE OR PERMIT THE USE OF
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES PURSUANT TO THOSE PREVIOUSLY
ENACTED LAWS, ADOPTED RULES, OR ADOPTED POLICIES FOR A PERIOD OF TWO YEARS
AFTER THE EFFECTIVE DATE OF THIS SECTION.
(2) SUBJECT TO DIVISION (H)(3) OF THIS SECTION, AFTER THE
TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) OF THIS SECTION HAS
CONCLUDED, ALL STATE AGENCIES THAT USE OR PERMIT THE USE OF ELECTRONIC RECORDS
OR ELECTRONIC SIGNATURES BEFORE THE EFFECTIVE DATE OF THIS SECTION SHALL ONLY
USE OR PERMIT THE USE OF ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES
CONSISTENT WITH RULES ADOPTED BY THE DEPARTMENT OF ADMINISTRATIVE
SERVICES PURSUANT TO DIVISION (A) OF SECTION 1306.21 OF THE
REVISED CODE.
(3) AFTER THE TWO-YEAR PERIOD DESCRIBED IN DIVISION (H)(1) OF
THIS SECTION HAS CONCLUDED, THE DEPARTMENT OF ADMINISTRATIVE SERVICES
MAY PERMIT A STATE AGENCY TO USE
ELECTRONIC RECORDS OR ELECTRONIC SIGNATURES THAT DO NOT COMPLY WITH
DIVISION (H)(2) OF THIS SECTION, IF THE STATE AGENCY FILES A WRITTEN
REQUEST WITH THE DEPARTMENT.
(I) FOR THE PURPOSES OF THIS SECTION, "STATE AGENCY"
MEANS EVERY ORGANIZED BODY, OFFICE, OR AGENCY
ESTABLISHED BY THE LAWS OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT, BUT
DOES NOT INCLUDE THE GENERAL ASSEMBLY OR THE SUPREME COURT.
Sec. 1306.21. (A)
WITH REGARD TO STATE AGENCY USE OF ELECTRONIC RECORDS OR
ELECTRONIC SIGNATURES,
THE DEPARTMENT OF ADMINISTRATIVE SERVICES, IN
CONSULTATION WITH THE STATE ARCHIVIST, SHALL ADOPT RULES IN ACCORDANCE WITH
SECTION 111.15 OF THE REVISED CODE SETTING FORTH
ALL OF THE FOLLOWING:
(1) THE MINIMUM REQUIREMENTS FOR THE METHOD OF CREATION,
MAINTENANCE, AND SECURITY OF ELECTRONIC RECORDS AND ELECTRONIC
SIGNATURES;
(2) IF ELECTRONIC RECORDS MUST BE SIGNED BY ELECTRONIC MEANS, ALL OF THE
FOLLOWING:
(a) THE TYPE OF ELECTRONIC SIGNATURE REQUIRED;
(b) THE MANNER AND FORMAT IN WHICH THE ELECTRONIC SIGNATURE MUST
BE AFFIXED TO THE ELECTRONIC RECORD;
(c) THE IDENTITY OF, OR CRITERIA THAT MUST BE MET BY, ANY THIRD
PARTY USED BY THE PERSON FILING A DOCUMENT TO FACILITATE THE PROCESS.
(3) CONTROL PROCESSES AND PROCEDURES AS APPROPRIATE TO ENSURE ADEQUATE
PRESERVATION, DISPOSITION, INTEGRITY, SECURITY, CONFIDENTIALITY, AND
AUDITABILITY OF ELECTRONIC RECORDS;
(4) ANY OTHER REQUIRED ATTRIBUTES FOR ELECTRONIC RECORDS THAT ARE
SPECIFIED
FOR CORRESPONDING NONELECTRONIC RECORDS OR ARE REASONABLY NECESSARY UNDER THE
CIRCUMSTANCES.
(B) THE GENERAL ASSEMBLY AND THE SUPREME COURT ALSO MAY ADOPT
RULES PERTAINING TO THE USE OF ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES BY
THEIR RESPECTIVE AGENCIES.
(C) FOR PURPOSES OF THIS SECTION, "STATE AGENCY"
MEANS EVERY ORGANIZED BODY, OFFICE, OR AGENCY
ESTABLISHED BY THE LAWS OF THE STATE FOR THE EXERCISE OF ANY FUNCTION OF STATE
GOVERNMENT, BUT
DOES NOT INCLUDE
THE GENERAL ASSEMBLY OR THE SUPREME COURT.
Sec. 1306.22.
(A) THE DEPARTMENT OF ADMINISTRATIVE SERVICES MAY ADOPT
RULES IN
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE TO ENSURE
CONSISTENCY AND INTEROPERABILITY AMONG STATE AGENCIES WITH REGARD TO
ELECTRONIC TRANSACTIONS, ELECTRONIC SIGNATURES, AND SECURITY
PROCEDURES.
(B) IF THE DEPARTMENT OF ADMINISTRATIVE SERVICES ADOPTS
RULES
PURSUANT TO DIVISION (A) OF THIS SECTION, THE DEPARTMENT SHALL
CONSIDER CONSISTENCY IN APPLICATIONS AND INTEROPERABILITY WITH GOVERNMENTAL
AGENCIES OF THIS STATE,
AGENCIES OF OTHER STATES, THE FEDERAL GOVERNMENT, AND NONGOVERNMENTAL PERSONS
TO THE EXTENT
PRACTICABLE WHEN ADOPTING RULES PURSUANT TO THAT DIVISION.
(C) WITH REGARD TO ELECTRONIC TRANSACTIONS, ELECTRONIC
SIGNATURES, AND SECURITY PROCEDURES, THE DEPARTMENT OF
ADMINISTRATIVE SERVICES MAY PUBLISH RECOMMENDATIONS FOR GOVERNMENTAL
AGENCIES AND NONGOVERNMENTAL PERSONS TO PROMOTE CONSISTENCY AND
INTEROPERABILITY AMONG NONGOVERNMENTAL PERSONS, AGENCIES OF THIS
STATE AND OTHER STATES, AND THE FEDERAL GOVERNMENT.
(D) FOR PURPOSES OF THIS SECTION, "STATE AGENCY" MEANS EVERY
ORGANIZED BODY, OFFICE, OR AGENCY ESTABLISHED BY THE LAWS OF THE STATE FOR THE
EXERCISE OF ANY FUNCTION OF STATE GOVERNMENT, BUT DOES NOT
INCLUDE THE GENERAL ASSEMBLY OR THE SUPREME COURT.
Sec. 1306.23.
RECORDS THAT WOULD DISCLOSE OR MAY LEAD TO THE DISCLOSURE OF
RECORDS OR INFORMATION THAT WOULD JEOPARDIZE THE STATE'S CONTINUED USE
OR SECURITY OF ANY COMPUTER OR TELECOMMUNICATIONS DEVICES OR SERVICES
ASSOCIATED WITH ELECTRONIC SIGNATURES, ELECTRONIC RECORDS, OR
ELECTRONIC TRANSACTIONS ARE NOT PUBLIC RECORDS FOR PURPOSES OF
SECTION 149.43 OF THE REVISED CODE.
Section 2.
The Department of Administrative Services shall file, in
accordance with section 111.15 of the Revised Code, initial rules
adopted pursuant to division (A) of section 1306.21 of the Revised
Code not later than ninety days after the effective date of this
act.
Section 3. If any provision of this act or its application to any person or
circumstance is held invalid, the invalidity does not affect other provisions
or applications of this act that can be given effect without the invalid
provision or application, and to this end the provisions of this act are
severable.
|