BILL NUMBER: AB 2296	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Low

                        FEBRUARY 18, 2016

   An act relating to state government.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2296, as introduced, Low. Digital signatures.
   Existing law authorizes the use of a digital signature in any
written communication with a public entity, and specifies that in
those communications, the use of a digital signature has the same
force and effect as the use of a manual signature if it complies with
specified requirements.
   This bill would express the intent of the Legislature to enact
legislation that would clarify that a digital signature may be used
to satisfy the requirements of an electronic signature under the
Uniform Electronic Transactions Act.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature hereby finds and declares all of
the following:
   (1) California is a world leader in innovation and harnessing the
power of new technologies to promote efficiency, consumer benefits,
and economic growth.
   (2) The Internet and digital technologies enable government to
provide services to the public and to transact business more
efficiently than with paper-based processes.
   (3) In 1995, in order to promote e-commerce and digital
transactions with public agencies, California enacted Section 16.5 of
the Government Code, which authorizes use of a "digital signature"
in any written communication with a public agency in which a
signature is required or used, consistent with regulations to be
adopted by the Secretary of State.
   (4) In 1999, California enacted the Uniform Electronic
Transactions Act (Title 2.5 (commencing with Section 1633.2) of Part
2 of Division 3 of the Civil Code), which provides that an
"electronic signature" is valid and enforceable under any law that
requires a signature in any transaction between two or more persons,
including a government agency.
   (5) The definition of "digital signature" in Section 16.5 of the
Government Code and the definition of "electronic signature" in the
Uniform Electronic Transactions Act are similar, and neither statute
includes any cross-reference to the other, leading to confusion in
the marketplace and among public agencies as to what law governs.
   (6) A lack of clarity in the law creates a barrier to public
agencies utilizing fully digital transactions that require a
signature, including contracts, permits, and forms to obtain service
or participate in government programs. As a result, both government
and the public may not realize the benefits of digital transactions
and online services, including efficiency, cost savings, convenience,
and paper reduction.
   (b) It is the intent of the Legislature to enact legislation that
would amend current law to clarify that a "digital signature"
authorized by Section 16.5 of the Government Code and subject to
regulations adopted by the Secretary of State is one type of
"electronic signature" that a public agency may choose to adopt under
the Uniform Electronic Transactions Act.