E Sign Statute for different states

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Washington
RCW 19.34.010
State of Washington Digital Certificate Statute:
Purpose and construction.

This chapter shall be construed consistently with what is commercially reasonable under the circumstances and to effectuate the following purposes:
(1) To facilitate commerce by means of reliable electronic messages;
(2) To ensure that electronic signatures are not denied legal recognition solely because they are in electronic form;
(3) To provide a voluntary licensing mechanism for digital signature certification authorities by which businesses, consumers, courts, government agencies, and other entities can reasonably be assured as to the integrity, authenticity, and nonrepudiation of a digitally signed electronic communication;
(4) To establish procedures governing the use of digital signatures for official public business to provide reasonable assurance of the integrity, authenticity, and non-repudiation of an electronic communication;
(5) To minimize the incidence of forged digital signatures and fraud in electronic commerce;
(6) To implement legally the general import of relevant standards; and
(7) To establish, in coordination with states and other jurisdictions, uniform rules regarding the authentication and reliability of electronic messages. [1999 c 287 § 1; 1996 c 250 § 102.]

Effective date -- 1999 c 287: "This act is necessary for the immediate preservation of the public peace, health, or safety, or support of the state government and its existing public institutions, and takes effect immediately [May 13, 1999]." [1999 c 287 § 20.]

California Government Code Section 16.5
16.5. (a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. The use of a digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes:
(1) It is unique to the person using it.
(2) It is capable of verification.
(3) It is under the sole control of the person using it.
(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.
(5) It conforms to regulations adopted by the Secretary of State. Initial regulations shall be adopted no later than January 1, 1997. In developing these regulations, the secretary shall seek the advice of public and private entities, including, but not limited to, the Department of Information Technology, the California Environmental Protection Agency, and the Department of General Services. Before the secretary adopts the regulations, he or she shall hold at least one public hearing to receive comments.
(b) The use or acceptance of a digital signature shall be at the option of the parties. Nothing in this section shall require a public entity to use or permit the use of a digital signature.
(c) Digital signatures employed pursuant to Section 71066 of the Public Resources Code are exempted from this section.
(d) "Digital signature" means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature.

STATE OF NEW MEXICO SENATE BILL 146

44TH LEGISLATURE - STATE OF NEW MEXICO - FIRST SESSION, 1999
INTRODUCED BY Pauline B. Eisenstadt
AN ACT RELATING TO RECORDS; AMENDING THE ELECTRONIC AUTHENTICATION OF DOCUMENTS ACT TO CLARIFY THE PURPOSE AND CHANGE CERTAIN
TECHNICAL DEFINITIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 14-15-2 NMSA 1978 (being Laws 1996, Chapter 11, Section 2) is amended to read: "14-15-2. PURPOSE.--The purpose of the Electronic Authentication of Documents Act is to:

A. provide a centralized, public, electronic registry for authenticating electronic documents by means of a public and private key system;
B. promote electronic commerce [and] by eliminating barriers resulting from uncertainties over signature requirements and promoting the development of the legal and business infrastructure necessary to implement secure electronic commerce ;C. facilitate electronic [information] filing of documents with government agencies and promote efficient delivery of government services by means of reliable, secure electronic records and document transactions; andD. establish a coherent approach to rules and standards regarding the authentication and integrity of electronic records that can serve as a model to be adopted by other states and help to promote uniformity among the various states."

Illinois Digital Signature Statute (205 ILCS 705/10) Sec. 10.
Electronic documents; digital signatures.

(a) If in the regular course of business, a financial institution possesses, records, or generates any document, representation, image, substitute check, reproduction, or combination thereof, of any agreement, transaction, act, occurrence, or event by any electronic or computer-generated process that accurately reproduces, comprises, or records the agreement, transaction, act, occurrence, or event, the recording, comprising, or reproduction shall have the same force and effect under the laws of this State as one comprised, recorded, or created on paper or other tangible form by writing, typing, printing, or similar means.

(b) In any communication, acknowledgement, agreement, or contract between a financial institution and its customer, in which a signature is required or used, any party to the communication, acknowledgement, agreement, or contract may affix a signature by use of a digital signature, and the digital signature, when lawfully used by the person whose signature it purports to be, shall have the same force and effect as the use of a manual signature if it is unique to the person using it, is capable of verification, is under the sole control of the person using it, and is linked to data in such a manner that if the data are changed, the digital signature is invalidated. Nothing in this Section shall require any financial institution or customer to use or permit the use of a digital signature. (Source: P.A. 90-575, eff. 3-20-98.)

Texas E Signature Statute
Guidelines for the Management of Electronic Transactions and Signed Records Prepared by the UETA Task Force of the Department of Information Resources and the Texas State Library and Archives Commission

Executive Summary
Texas Uniform Electronic Transactions Act (UETA)
The 77th Legislature passed UETA in 2001 to help establish a legal framework for the growing use of Internet transactions between state and local government and citizens. As is true with the complex nature of the Internet, the new laws can seem imposing and complicated. This Executive Summary will brief you on the uses and risks associated with UETA. You can search the Guidelines for the Management of Electronic Transactions and Signed Records (the Guide) to learn more detail.

Introduction and Applicability
Information can be contained in a tangible medium such as paper, or in an intangible form, such as electronic documents stored on a computer disk or diskette. This Guide applies to transactions that are created, sent, received, maintained or stored electronically. The Guide must be followed by state agencies, as defined in Texas Government Code, Section 2054.003(12), if it applies as a rule of the Department of Information Resources. The Guide must be followed by state agencies, and in some instances, by local governments, if it applies as a rule of the Texas State Library and Archives Commission. Local governments may use this Guide even if they are not required to do so by law or by a rule of the Texas State Library and Archives Commission. Use the Guide to evaluate transaction risks and the effectiveness of a given signature method, to match the signature method to the degree of risk, and to formulate plans and procedures for the management of electronic records and electronic signatures.

West Virginia Code on Electronic Transactions

The West Virginia Legislature adopted Senate Bill 204 on April 14, 2001, effective 90 days from passage. It replaced the provision of previous electronic transactions law adopted in 1999. The bill created Chapter 39A, Electronic Transactions, and amended Chapter 46A, the West Virginia Consumer Credit and Protection Act, and Chapter 55, relating to actions on contracts. The complete text of S. B. 204 is included below.

Chapter 39A. Electronic Commerce

Article 1. Uniform Electronic Transactions Act
Article 2. Consumer Protections and Responsibilities in Electronic Transactions
Article 3. Digital Signatures; State Electronic Records and Transactions

§39A-1-7. Legal recognition of electronic records, electronic signatures and electronic contracts.

(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.

CHAPTER 15: CONNECTICUT UNIFORM ELECTRONIC TRANSACTIONS ACT

Sec. 1-272. Legal recognition of electronic records, electronic signatures and electronic contracts.

(a) A record or signature may not be denied legal effect or enforceability solely because the record or signature is in electronic form.
(b) A contract may not be denied legal effect or enforceability solely because an electronic record was used in the formation of the contract.
(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.

State of New York Digital Certificate Statute:
The Electronic Signatures and Records Act (ESRA). Pursuant to Chapter 4, §3 of the Laws of 1999

The Electronic Signatures and Records Act (ESRA) provides that "signatures" made via electronic means will be legally binding just as hand-written signatures now are. The law also enhances and clarifies the authority of government to create and retain records in computer produced electronic form. There is now no doubt that electronic records have the same legal force as those produced in other formats such as paper and microfilm.

The legislation also designates the state Office for Technology as the Electronic Facilitator responsible for promulgating rules and regulations for programs authorized by the bill.

The legislation does not mandate the use of electronic signatures and records. It protects citizens who wish to continue to do business with government through paper records and forms, and requires that information exchanged electronically to determine identity not be shared with outside parties.

Virginia Uniform Electronic Transactions Act
The following provisions contained in VA. CODE ANN. § 59.1-485 are very similar to E-Sign:

(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, or provides for certain consequences in the absence of a signature, an electronic signature satisfies the law.

UETA also addresses the issue of what evidentiary weight is to be given to a particular electronic signature. VA. CODE ANN. § 59.1-491 states that the trier of fact shall consider whether the electronic signature is:

(A) Unique to the signer,
(B) capable of verification,
(C) under the signer's sole control,
(D) linked to the record in such a manner that it can be determined if any data contained in the record was changed subsequent to the electronic signature being affixed to the record, and
(E) created by a method appropriately reliable for the purpose for which the electronic signature was used.

State of New York Digital Certificate Statute:
The Electronic Signatures and Records Act (ESRA). Pursuant to Chapter 4, §3 of the Laws of 1999

The Electronic Signatures and Records Act (ESRA) provides that "signatures" made via electronic means will be legally binding just as hand-written signatures now are. The law also enhances and clarifies the authority of government to create and retain records in computer produced electronic form. There is now no doubt that electronic records have the same legal force as those produced in other formats such as paper and microfilm.

The legislation also designates the state Office for Technology as the Electronic Facilitator responsible for promulgating rules and regulations for programs authorized by the bill.

The legislation does not mandate the use of electronic signatures and records. It protects citizens who wish to continue to do business with government through paper records and forms, and requires that information exchanged electronically to determine identity not be shared with outside parties.

Arkansas Uniform Electronic Transactions Act (2001 Arkansas SB159/HB1021)
THE ELECTRONIC RECORDS AND SIGNATURES ACT [Act 718 of 1999]

In the last ten years Arkansas has enacted several laws to facilitate electronic transactions in State government and to make government more accessible to its citizens. In 1999 the Arkansas Electronic Records and Signatures Act was passed (A.C.A. 25-31-101 et seq.) to promote the development of electronic government and commerce. Following the passage of the federal Electronic Signatures in Global and National Commerce (E-Sign) Act (U.S. Public Law 106-229) in 2000, Arkansas passed its own Uniform Electronic Transactions Act or UETA (A.C.A. 25-32-101 et seq.) in 2001. Act 722 of 2007 requires state agencies to permit the use of electronic signatures by June 2009. The responsibility for the adoption of standards and policies lies with the Department of Finance and Administration and the Department of Information Systems.