BILL REQ. #:  H-2973.3 

Read first time 01/21/14.   Referred to Committee on Government Operations & Elections.

     AN ACT Relating to electronic signatures; adding a new section to chapter 1.12 RCW; adding a new section to chapter 43.41A RCW; adding a new chapter to Title 1 RCW; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 1.12 RCW to read as follows:
     Unless specifically provided otherwise by law, whenever the use of a signature is authorized or required by this code in any written communication with a state agency, an electronic signature may be used with the same force and effect as the use of a signature affixed by hand, as long as the electronic signature conforms to all of the provisions of section 2 of this act.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter and sections 1 and 4 of this act unless the context clearly requires otherwise.
     (1) "Electronic signature" means an electronic sound, symbol, or process, attached to, or logically associated with, a contract or other record and executed or adopted by a person with the intent to sign the record.
     (2) "Secure electronic signature" means an electronic signature that:
     (a) Is unique to the person making the signature;
     (b) Uses a technology or process to make the signature that is under the sole control of the person making the signature;
     (c) Uses a technology or process that can identify the person using the technology or process; and
     (d) Can be linked with an electronic record in such a way that it can be used to determine whether the electronic record has been changed since the electronic signature was incorporated in, attached to, or associated with the electronic record.
     (3) "State agency" means any state office or activity of the executive and judicial branches of state government, including state departments, offices, divisions, boards, commissions, institutions of higher education as defined in RCW 28B.10.016, and correctional and other types of institutions.

NEW SECTION.  Sec. 3   (1) Unless specifically provided otherwise by law, state agencies may use or accept secure electronic signatures for any written communications that require a signature. Such signatures are valid and enforceable.
     (2) The use or acceptance of an electronic signature shall be at the option of the state agency. This section shall not be construed to require a state agency to use or to authorize the use of an electronic signature, nor may it be construed to prevent a unit of state government from electing to follow the procedures for digital signature certification established under the Washington electronic authentication act, chapter 19.34 RCW.
     (3) Agency use or acceptance of electronic signatures must comply with any rules, policies, or technical standards established by the office of the chief information officer.
     (4) A state agency seeking to authorize, under the authority of this chapter, the use or acceptance of an electronic signature shall file an official notice in the Washington State Register.

NEW SECTION.  Sec. 4   A new section is added to chapter 43.41A RCW to read as follows:
     (1) The chief information officer shall adopt rules and establish standards and policies as necessary to facilitate the use, authentication, and acceptance of electronic signatures, as defined in section 2 of this act, by government agencies. However, the chief information officer shall not adopt rules or establish standards or policies that seek to apportion fault or impose or limit liability relating to the use of electronic signatures.
     (2) In developing rules, standards, and policies for electronic signatures, the chief information officer shall seek the advice of the attorney general, the secretary of state, and any other government or private entities that the chief information officer deems appropriate.

NEW SECTION.  Sec. 5   Sections 2 and 3 of this act constitute a new chapter in Title 1 RCW.

NEW SECTION.  Sec. 6   Sections 1 and 3 of this act take effect January 1, 2015.