BILL REQ. #: S-3190.1
| State of Washington | 62nd Legislature | 2012 Regular Session |
Read first time 01/11/12. Referred to Committee on Judiciary.
AN ACT Relating to electronic transactions; amending RCW 9.38.060, 26.52.030, 41.05.014, 43.07.120, 58.09.050, 58.09.110, and 74.08.055; adding a new chapter to Title 19 RCW; repealing RCW 19.34.010, 19.34.020, 19.34.030, 19.34.040, 19.34.100, 19.34.101, 19.34.110, 19.34.111, 19.34.120, 19.34.130, 19.34.200, 19.34.210, 19.34.220, 19.34.230, 19.34.231, 19.34.240, 19.34.250, 19.34.260, 19.34.270, 19.34.280, 19.34.290, 19.34.291, 19.34.300, 19.34.305, 19.34.310, 19.34.311, 19.34.320, 19.34.321, 19.34.330, 19.34.340, 19.34.350, 19.34.351, 19.34.360, 19.34.400, 19.34.410, 19.34.420, 19.34.500, 19.34.501, 19.34.502, 19.34.503, 19.34.900, 19.34.901, 19.34.902, 19.34.903, and 43.19.794; and providing an effective date.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
NEW SECTION. Sec. 2
(1) "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.
(2) "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.
(3) "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.
(4) "Contract" means the total legal obligation resulting from the
parties' agreement as affected by this chapter and other applicable
law.
(5) "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
(6) "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.
(7) "Electronic record" means a record created, generated, sent,
communicated, received, or stored by electronic means.
(8) "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.
(9) "Governmental agency" means an executive, legislative, or
judicial agency, department, board, commission, authority, institution,
or instrumentality of the federal government or of a state or of a
county, municipality, or other political subdivision of a state.
(10) "Information" means data, text, images, sounds, codes,
computer programs, software, databases, or the like.
(11) "Information processing system" means an electronic system for
creating, generating, sending, receiving, storing, displaying, or
processing information.
(12) "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.
(13) "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.
(14) "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. The term includes
a procedure that requires the use of algorithms or other codes,
identifying words or numbers, encryption, or callback or other
acknowledgment procedures.
(15) "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. The term includes an Indian tribe or band, or Alaskan
native village, which is recognized by federal law or formally
acknowledged by a state.
(16) "Transaction" means an action or set of actions occurring
between two or more persons relating to the conduct of business,
commercial, or governmental affairs.
NEW SECTION. Sec. 3
(2) This chapter does not apply to a transaction to the extent it
is governed by:
(a) A law governing the creation and execution of wills, codicils,
or testamentary trusts;
(b) Title 62A RCW other than RCW 62A.1-107 and 62A.1-206 and
chapters 62A.2 and 62A.2A RCW;
(c) The uniform computer information transactions act; and
(d) Other laws, if any.
(3) This chapter applies to an electronic record or electronic
signature otherwise excluded from the application of this chapter under
subsection (2) of this section to the extent it is governed by a law
other than those specified in subsection (2) of this section.
(4) A transaction subject to this chapter is also subject to other
applicable substantive law.
NEW SECTION. Sec. 4
NEW SECTION. Sec. 5
(2) This chapter applies 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.
(3) 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 subsection may not be waived by agreement.
(4) Except as otherwise provided in this chapter, the effect of any
of its provisions may be varied by agreement. The presence in certain
provisions of this chapter 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.
(5) Whether an electronic record or electronic signature has legal
consequences is determined by this chapter and other applicable law.
NEW SECTION. Sec. 6
(1) To facilitate electronic transactions consistent with other
applicable law;
(2) To be consistent with reasonable practices concerning
electronic transactions and with the continued expansion of those
practices; and
(3) To effectuate its general purpose to make uniform the law with
respect to the subject of this chapter among states enacting it.
NEW SECTION. Sec. 7
(2) A contract may not be denied legal effect or enforceability
solely because an electronic record was used in its formation.
(3) If a law requires a record to be in writing, an electronic
record satisfies the law.
(4) If a law requires a signature, an electronic signature
satisfies the law.
NEW SECTION. Sec. 8
(2) If a law other than this chapter requires a record (a) to be
posted or displayed in a certain manner, (b) to be sent, communicated,
or transmitted by a specified method, or (c) to contain information
that is formatted in a certain manner, the following rules apply:
(i) The record must be posted or displayed in the manner specified
in the other law.
(ii) Except as otherwise provided in subsection (4)(b) of this
section, the record must be sent, communicated, or transmitted by the
method specified in the other law.
(iii) The record must contain the information formatted in the
manner specified in the other law.
(3) 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.
(4) The requirements of this section may not be varied by
agreement, but:
(a) To the extent a law other than this chapter requires
information to be provided, sent, or delivered in writing but permits
that requirement to be varied by agreement, the requirement under
subsection (1) of this section that the information be in the form of
an electronic record capable of retention may also be varied by
agreement; and
(b) A requirement under a law other than this chapter to send,
communicate, or transmit a record by regular United States mail may be
varied by agreement to the extent permitted by the other law.
NEW SECTION. Sec. 9
(2) The effect of an electronic record or electronic signature
attributed to a person under subsection (1) of this section is
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.
NEW SECTION. Sec. 10
(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:
(a) 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) 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; and
(c) Has not used or received any benefit or value from the
consideration, if any, received from the other person.
(3) If neither subsection (1) nor subsection (2) of this section
applies, the change or error has the effect provided by other law,
including the law of mistake, and the parties' contract, if any.
(4) Subsections (2) and (3) of this section may not be varied by
agreement.
NEW SECTION. Sec. 11
NEW SECTION. Sec. 12
(a) Accurately reflects the information set forth in the record
after it was first generated in its final form as an electronic record
or otherwise; and
(b) Remains accessible for later reference.
(2) A requirement to retain a record in accordance with subsection
(1) 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.
(3) A person may satisfy subsection (1) of this section by using
the services of another person if the requirements of that subsection
are satisfied.
(4) 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 subsection (1) of this
section.
(5) 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 subsection (1) of
this section.
(6) A record retained as an electronic record in accordance with
subsection (1) of this section satisfies a law requiring a person to
retain a record for evidentiary, audit, or like purposes, unless a law
enacted after the effective date of this act specifically prohibits the
use of an electronic record for the specified purpose.
(7) 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.
NEW SECTION. Sec. 13
NEW SECTION. Sec. 14
(1) 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.
(2) 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
which the individual knows or has reason to know will cause the
electronic agent to complete the transaction or performance.
(3) The terms of the contract are determined by the substantive law
applicable to it.
NEW SECTION. Sec. 15
(a) 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;
(b) Is in a form capable of being processed by that system; and
(c) 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 which is under the control of the
recipient.
(2) Unless otherwise agreed between a sender and the recipient, an
electronic record is received when:
(a) It 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; and
(b) It is in a form capable of being processed by that system.
(3) Subsection (2) 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 subsection (4) of
this section.
(4) 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. For purposes of this
subsection, the following rules 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.
(5) An electronic record is received under subsection (2) of this
section even if no individual is aware of its receipt.
(6) Receipt of an electronic acknowledgment from an information
processing system described in subsection (2) of this section
establishes that a record was received but, by itself, does not
establish that the content sent corresponds to the content received.
(7) If a person is aware that an electronic record purportedly sent
under subsection (1) of this section, or purportedly received under
subsection (2) of this section, was not actually sent or received, the
legal effect of the sending or receipt is determined by other
applicable law. Except to the extent permitted by the other law, the
requirements of this subsection may not be varied by agreement.
NEW SECTION. Sec. 16
(a) Would be a note under chapter 62A.3 RCW or a document under
chapter 62A.7 RCW if the electronic record were in writing; and
(b) The issuer of the electronic record expressly has agreed is a
transferable record.
(2) 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.
(3) A system satisfies subsection (2) 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:
(a) A single authoritative copy of the transferable record exists
which is unique, identifiable, and, except as otherwise provided in
(d), (e), and (f) of this subsection, unalterable;
(b) The authoritative copy identifies the person asserting control
as:
(i) The person to which the transferable record was issued; or
(ii) If the authoritative copy indicates that the transferable
record has been transferred, the person to which the transferable
record was most recently transferred;
(c) The authoritative copy is communicated to and maintained by the
person asserting control or its designated custodian;
(d) Copies or revisions that add or change an identified assignee
of the authoritative copy can be made only with the consent of the
person asserting control;
(e) Each copy of the authoritative copy and any copy of a copy is
readily identifiable as a copy that is not the authoritative copy; and
(f) Any revision of the authoritative copy is readily identifiable
as authorized or unauthorized.
(4) Except as otherwise agreed, a person having control of a
transferable record is the holder, as defined in RCW 62A.1-201(20), 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 including, if the applicable statutory requirements under RCW
62A.3-302(a), 62A.7-501, or 62A.9A-308 are satisfied, 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. Delivery, possession, and endorsement are not required
to obtain or exercise any of the rights under this subsection.
(5) 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.
(6) 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. Proof 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.
NEW SECTION. Sec. 17
NEW SECTION. Sec. 18
(2) To the extent that a governmental agency uses electronic
records and electronic signatures under subsection (1) of this section,
the governmental agency, giving due consideration to security, may
specify:
(a) The manner and format in which the electronic records must be
created, generated, sent, communicated, received, and stored and the
systems established for those purposes;
(b) If electronic records must be signed by electronic means, the
type of electronic signature required, the manner and format in which
the electronic signature must be affixed to the electronic record, and
the identity of, or criteria that must be met by, any third party used
by a person filing a document to facilitate the process;
(c) Control processes and procedures as appropriate to ensure
adequate preservation, disposition, integrity, security,
confidentiality, and auditability of electronic records; and
(d) Any other required attributes for electronic records which are
specified for corresponding nonelectronic records or reasonably
necessary under the circumstances.
(3) Except as otherwise provided in section 12(6) of this act, this
chapter does not require a governmental agency of this state to use or
permit the use of electronic records or electronic signatures.
NEW SECTION. Sec. 19
NEW SECTION. Sec. 20
Sec. 21 RCW 9.38.060 and 2001 c 39 s 1 are each amended to read
as follows:
(1) A person shall not knowingly misrepresent the person's identity
or authorization to obtain a public key certificate used to reference
a private key for creating ((a digital)) an electronic signature.
(2) A person shall not knowingly forge ((a digital)) an electronic
signature as defined in ((RCW 19.34.020(16))) section 2 of this act.
(3) A person shall not knowingly present a public key certificate
for which the person is not the owner of the corresponding private key
in order to obtain unauthorized access to information or engage in an
unauthorized transaction.
(4) ((The definitions in RCW 19.34.020 apply to this section.)) A person who violates this section is guilty of a class C
felony punishable under chapter 9A.20 RCW.
(5)
Sec. 22 RCW 26.52.030 and 1999 c 184 s 5 are each amended to read
as follows:
(1) A person entitled to protection who has a valid foreign
protection order may file that order by presenting a certified,
authenticated, or exemplified copy of the foreign protection order to
a clerk of the court of a Washington court in which the person entitled
to protection resides or to a clerk of the court of a Washington court
where the person entitled to protection believes enforcement may be
necessary. Any out-of-state department, agency, or court responsible
for maintaining protection order records, may by facsimile or
electronic transmission send a reproduction of the foreign protection
order to the clerk of the court of Washington as long as it contains a
facsimile or ((digital)) electronic signature by any person authorized
to make such transmission.
(2) Filing of a foreign protection order with a court and entry of
the foreign protection order into any computer-based criminal
intelligence information system available in this state used by law
enforcement agencies to list outstanding warrants are not prerequisites
for enforcement of the foreign protection order.
(3) The court shall accept the filing of a foreign protection order
without a fee or cost.
(4) The clerk of the court shall provide information to a person
entitled to protection of the availability of domestic violence, sexual
abuse, and other services to victims in the community where the court
is located and in the state.
(5) The clerk of the court shall assist the person entitled to
protection in completing an information form that must include, but
need not be limited to, the following:
(a) The name of the person entitled to protection and any other
protected parties;
(b) The name and address of the person who is subject to the
restraint provisions of the foreign protection order;
(c) The date the foreign protection order was entered;
(d) The date the foreign protection order expires;
(e) The relief granted under . . . . . . . . . . (specify the
relief awarded and citations thereto, and designate which of the
violations are arrestable offenses);
(f) The judicial district and contact information for court
administration for the court in which the foreign protection order was
entered;
(g) The social security number, date of birth, and description of
the person subject to the restraint provisions of the foreign
protection order;
(h) Whether the person who is subject to the restraint provisions
of the foreign protection order is believed to be armed and dangerous;
(i) Whether the person who is subject to the restraint provisions
of the foreign protection order was served with the order, and if so,
the method used to serve the order;
(j) The type and location of any other legal proceedings between
the person who is subject to the restraint provisions and the person
entitled to protection.
An inability to answer any of the above questions does not preclude
the filing or enforcement of a foreign protection order.
(6) The clerk of the court shall provide the person entitled to
protection with a copy bearing proof of filing with the court.
(7) Any assistance provided by the clerk under this section does
not constitute the practice of law. The clerk is not liable for any
incomplete or incorrect information that he or she is provided.
Sec. 23 RCW 41.05.014 and 2009 c 201 s 2 are each amended to read
as follows:
(1) The administrator may require applications, enrollment forms,
and eligibility certification documents for benefits that are
administered by the authority under this chapter and chapters 70.47 and
70.47A RCW to be signed by the person submitting them. The
administrator may accept electronic signatures.
(2) For the purpose of this section, "electronic signature" means
a signature in electronic form attached to or logically associated with
an electronic record ((including, but not limited to, a digital
signature)).
Sec. 24 RCW 43.07.120 and 2010 1st sp.s. c 29 s 6 are each
amended to read as follows:
(1) The secretary of state must establish by rule and collect the
fees in this subsection:
(a) For a copy of any law, resolution, record, or other document or
paper on file in the secretary's office;
(b) For any certificate under seal;
(c) For filing and recording trademark;
(d) For each deed or patent of land issued by the governor;
(e) For recording miscellaneous records, papers, or other
documents.
(2) The secretary of state may adopt rules under chapter 34.05 RCW
establishing reasonable fees for the following services rendered under
Title 23B RCW, chapter 18.100, 19.09, ((19.34,)) 19.--- (the new
chapter created in section 29 of this act), 19.77, 23.86, 23.90, 24.03,
24.06, 24.12, 24.20, 24.24, 24.28, 24.36, 25.04, 25.15, 25.10, 25.05,
or 26.60 RCW:
(a) Any service rendered in-person at the secretary of state's
office;
(b) Any expedited service;
(c) The electronic or facsimile transmittal of information from
corporation records or copies of documents;
(d) The providing of information by micrographic or other reduced-format compilation;
(e) The handling of checks, drafts, or credit or debit cards upon
adoption of rules authorizing their use for which sufficient funds are
not on deposit; and
(f) Special search charges.
(3) To facilitate the collection of fees, the secretary of state
may establish accounts for deposits by persons who may frequently be
assessed such fees to pay the fees as they are assessed. The secretary
of state may make whatever arrangements with those persons as may be
necessary to carry out this section.
(4) The secretary of state may adopt rules for the use of credit or
debit cards for payment of fees.
(5) No member of the legislature, state officer, justice of the
supreme court, judge of the court of appeals, or judge of the superior
court may be charged for any search relative to matters pertaining to
the duties of his or her office; nor may such official be charged for
a certified copy of any law or resolution passed by the legislature
relative to his or her official duties, if such law has not been
published as a state law.
Sec. 25 RCW 58.09.050 and 1999 c 39 s 1 are each amended to read
as follows:
The records of survey to be filed under authority of this chapter
shall be processed as follows:
(1)(a) The record of survey filed under RCW 58.09.040(1) shall be
an original map, eighteen by twenty-four inches, that is legibly drawn
in black ink on mylar and is suitable for producing legible prints
through scanning, microfilming, or other standard copying procedures.
(b) The following are allowable formats for the original that may
be used in lieu of the format set forth under (a) of this subsection:
(i) Photo mylar with original signatures;
(ii) Any standard material as long as the format is compatible with
the auditor's recording process and records storage system. This
format is only allowed in those counties that are excepted from
permanently storing the original document as required in RCW
58.09.110(5);
(iii) An electronic version of the original if the county has the
capability to accept ((a digital)) an electronic signature ((issued by
a licensed certification authority under chapter 19.34 RCW or a
certification authority under the rules adopted by the Washington state
board of registration for professional engineers and land surveyors,))
and can import electronic files into an imaging system. The electronic
version shall be a standard raster file format acceptable to the
county.
A two inch margin on the left edge and a one-half inch margin on
other edges of the map shall be provided. The auditor shall reject for
recording any maps not suitable for producing legible prints through
scanning, microfilming, or other standard copying procedures.
(2) Information required by RCW 58.09.040(2) shall be filed on a
standard form eight and one-half inches by fourteen inches as designed
and prescribed by the department of natural resources. The auditor
shall reject for recording any records of corner information not
suitable for producing legible prints through scanning, microfilming,
or other standard copying procedures. An electronic version of the
standard form may be filed if the county has the capability to accept
((a digital)) an electronic signature ((issued by a licensed
certification authority under chapter 19.34 RCW or a certification
authority under the rules adopted by the Washington state board of
registration for professional engineers and land surveyors,)) and can
import electronic files into an imaging system. The electronic version
shall be a standard raster file format acceptable to the county.
(3) Two legible prints of each record of survey as required under
the provisions of this chapter shall be furnished to the county auditor
in the county in which the survey is to be recorded. The auditor, in
those counties using imaging systems, may require only the original,
and fewer prints, as needed, to meet the requirements of their duties.
If any of the prints submitted are not suitable for scanning or
microfilming the auditor shall not record the original.
(4) Legibility requirements are set forth in the recorder's
checklist under RCW 58.09.110.
Sec. 26 RCW 58.09.110 and 1999 c 39 s 2 are each amended to read
as follows:
The auditor shall accept for recording those records of survey and
records of corner information that are in compliance with the
recorder's checklist as jointly developed by a committee consisting of
the survey advisory board and two representatives from the Washington
state association of county auditors. This checklist shall be adopted
in rules by the department of natural resources.
(1) The auditor shall keep proper indexes of such record of survey
by the name of owner and by quarter-quarter section, township, and
range, with reference to other legal subdivisions.
(2) The auditor shall keep proper indexes of the record of corner
information by section, township, and range.
(3) After entering the recording data on the record of survey and
all prints received from the surveyor, the auditor shall send one of
the surveyor's prints to the department of natural resources in
Olympia, Washington, for incorporation into the statewide survey
records repository. However, the county and the department of natural
resources may mutually agree to process the original or an electronic
version of the original in lieu of the surveyor's print.
(4) After entering the recording data on the record of corner
information the auditor shall send a legible copy, suitable for
scanning, to the department of natural resources in Olympia,
Washington. However, the county and the department of natural
resources may mutually agree to process the original or an electronic
version of the original in lieu of the copy.
(5) The auditor shall permanently keep the original document filed
using storage and handling processes that do not cause excessive
deterioration of the document. A county may be excepted from the
requirement to permanently store the original document if it has a
document scanning, filming, or other process that creates a permanent,
archival record that meets or surpasses the standards as adopted in
rule by the division of archives and records management in chapter 434-663 or 434-677 WAC. The auditor must be able to provide full-size
copies upon request. The auditor shall maintain a copy or image of the
original for public reference.
(6) If the county has the capability to accept ((a digital)) an
electronic signature ((issued by a licensed certification authority
under chapter 19.34 RCW or a certification authority under the rules
adopted by the Washington state board of registration for professional
engineers and land surveyors,)) and can import electronic files into an
imaging system, the auditor may accept for recording electronic
versions of the documents required by this chapter. The electronic
version shall be a standard raster file format acceptable to the
county.
(7) This section does not supersede other existing recording
statutes.
Sec. 27 RCW 74.08.055 and 2009 c 201 s 1 are each amended to read
as follows:
(1) Each applicant for or recipient of public assistance shall
complete and sign a physical application or, if available, electronic
application for assistance which shall contain or be verified by a
written declaration that it is signed under the penalties of perjury.
The department may make electronic applications available. The
secretary, by rule and regulation, may require that any other forms
filled out by applicants or recipients of public assistance shall
contain or be verified by a written declaration that it is made under
the penalties of perjury and such declaration shall be in lieu of any
oath otherwise required, and each applicant shall be so informed at the
time of the signing. The application and signature verification shall
be in accordance with federal requirements for that program.
(2) Any applicant for or recipient of public assistance who
willfully makes and signs any application, statement, other paper, or
electronic record which contains or is verified by a written
declaration that it is made under the penalties of perjury and which he
or she does not believe to be true and correct as to every material
matter is guilty of a class B felony punishable according to chapter
9A.20 RCW.
(3) As used in this section:
(a) "Electronic record" means a record generated, communicated,
received, or stored by electronic means for use in an information
system or for transmission from one information system to another.
(b) "Electronic signature" means a signature in electronic form
attached to or logically associated with an electronic record
((including, but not limited to, a digital signature)). An electronic
signature is a paperless way to sign a document using 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.
(c) "Sign" includes signing by physical signature, if available, or
electronic signature. An application must contain a signature in
either physical or, if available, electronic form.
NEW SECTION. Sec. 28 The following acts or parts of acts are
each repealed:
(1) RCW 19.34.010 (Purpose and construction) and 1999 c 287 s 1 &
1996 c 250 s 102;
(2) RCW 19.34.020 (Definitions) and 2000 c 171 s 50, 1999 c 287 s
2, 1997 c 27 s 30, & 1996 c 250 s 103;
(3) RCW 19.34.030 (Secretary -- Duties) and 1999 c 287 s 4, 1997 c 27
s 1, & 1996 c 250 s 104;
(4) RCW 19.34.040 (Secretary -- Fees -- Disposition) and 1997 c 27 s 2
& 1996 c 250 s 105;
(5) RCW 19.34.100 (Certification authorities -- Licensure--Qualifications -- Revocation and suspension) and 1999 c 287 s 5, 1998 c
33 s 1, 1997 c 27 s 3, & 1996 c 250 s 201;
(6) RCW 19.34.101 (Expiration of licenses -- Renewal -- Rules) and 1997
c 27 s 4;
(7) RCW 19.34.110 (Compliance audits) and 1999 c 287 s 6, 1997 c 27
s 5, & 1996 c 250 s 202;
(8) RCW 19.34.111 (Qualifications of auditor signing report of
opinion -- Compliance audits under state auditor's authority) and 1999 c
287 s 7 & 1997 c 27 s 6;
(9) RCW 19.34.120 (Licensed certification authorities--Enforcement -- Suspension or revocation -- Penalties -- Rules -- Costs--Procedure -- Injunctions) and 1999 c 287 s 8, 1997 c 27 s 7, & 1996 c 250
s 203;
(10) RCW 19.34.130 (Certification authorities -- Prohibited
activities -- Statement by secretary advising of certification
authorities creating prohibited risks -- Protest -- Hearing -- Disposition--Notice -- Procedure) and 1999 c 287 s 9 & 1996 c 250 s 204;
(11) RCW 19.34.200 (Licensed certification authorities--Requirements) and 1999 c 287 s 10, 1997 c 27 s 8, & 1996 c 250 s 301;
(12) RCW 19.34.210 (Certificate -- Issuance--Confirmation of
information -- Confirmation of prospective subscriber -- Standards,
statements, plans, requirements more rigorous than chapter -- Revocation,
suspension -- Investigation -- Notice -- Procedure) and 1999 c 287 s 11, 1997
c 27 s 9, & 1996 c 250 s 302;
(13) RCW 19.34.220 (Licensed certification authorities -- Warranties,
obligations upon issuance of certificate -- Notice) and 1997 c 27 s 32 &
1996 c 250 s 303;
(14) RCW 19.34.230 (Subscribers -- Representations and duties upon
acceptance of certificate) and 1996 c 250 s 304;
(15) RCW 19.34.231 (Signature of a unit of government required--City or county as certification authority -- Unit of state government
prohibited from being certification authority -- Exceptions) and 2011 1st
sp.s. c 43 s 809, 2011 c 183 s 2, 1999 c 287 s 12, & 1997 c 27 s 10;
(16) RCW 19.34.240 (Private key -- Control -- Public disclosure
exemption) and 2011 c 60 s 10, 2005 c 274 s 235, 1997 c 27 s 11, & 1996
c 250 s 305;
(17) RCW 19.34.250 (Suspension of certificate -- Evidence--Investigation -- Notice -- Termination -- Limitation or preclusion by
contract -- Misrepresentation -- Penalty -- Contracts for regional
enforcement by agencies -- Rules) and 2000 c 171 s 51, 1999 c 287 s 13,
1997 c 27 s 12, & 1996 c 250 s 306;
(18) RCW 19.34.260 (Revocation of certificate -- Confirmation--Notice -- Release from security duty -- Discharge of warranties) and 1997
c 27 s 13 & 1996 c 250 s 307;
(19) RCW 19.34.270 (Certificate -- Expiration) and 1996 c 250 s 308;
(20) RCW 19.34.280 (Recommended reliance limit -- Liability -- Damages)
and 1999 c 287 s 14, 1997 c 27 s 14, & 1996 c 250 s 309;
(21) RCW 19.34.290 (Collection based on suitable guaranty--Proceeds -- Attorneys' fees -- Costs -- Notice -- Recovery of qualified right
of payment) and 1996 c 250 s 310;
(22) RCW 19.34.291 (Discontinuation of certification authority
services -- Duties of authority -- Continuation of guaranty -- Process to
maintain and update records -- Rules -- Costs) and 1997 c 27 s 15;
(23) RCW 19.34.300 (Satisfaction of signature requirements) and
1997 c 27 s 16 & 1996 c 250 s 401;
(24) RCW 19.34.305 (Acceptance of digital signature in reasonable
manner) and 1997 c 27 s 31;
(25) RCW 19.34.310 (Unreliable digital signatures -- Risk) and 1997
c 27 s 17 & 1996 c 250 s 402;
(26) RCW 19.34.311 (Reasonableness of reliance -- Factors) and 1997
c 27 s 18;
(27) RCW 19.34.320 (Digital message as written on paper--Requirements -- Other requirements not affected -- Exception from uniform
commercial code) and 1997 c 27 s 19 & 1996 c 250 s 403;
(28) RCW 19.34.321 (Acceptance of certified court documents in
electronic form -- Requirements -- Rules of court on use in proceedings)
and 1997 c 27 s 20;
(29) RCW 19.34.330 (Digital message deemed original) and 1999 c 287
s 15 & 1996 c 250 s 404;
(30) RCW 19.34.340 (Certificate as acknowledgment -- Requirements--Exception -- Responsibility of certification authority) and 1997 c 27 s
21 & 1996 c 250 s 405;
(31) RCW 19.34.350 (Adjudicating disputes -- Presumptions) and 1997
c 27 s 22 & 1996 c 250 s 406;
(32) RCW 19.34.351 (Alteration of chapter by agreement -- Exceptions)
and 1997 c 27 s 34;
(33) RCW 19.34.360 (Presumptions of validity/limitations on
liability -- Conformance with chapter) and 1999 c 287 s 3;
(34) RCW 19.34.400 (Recognition of repositories -- Application--Discontinuance -- Procedure) and 1999 c 287 s 16, 1997 c 27 s 23, & 1996
c 250 s 501;
(35) RCW 19.34.410 (Repositories -- Liability -- Exemptions--Liquidation, limitation, alteration, or exclusion of damages) and 1999
c 287 s 17, 1997 c 27 s 33, & 1996 c 250 s 502;
(36) RCW 19.34.420 (Confidentiality of certain records -- Limited
access to state auditor) and 2011 1st sp.s. c 43 s 810 & 1998 c 33 s 2;
(37) RCW 19.34.500 (Rule making) and 1997 c 27 s 24 & 1996 c 250 s
603;
(38) RCW 19.34.501 (Chapter supersedes and preempts local actions)
and 1997 c 27 s 25;
(39) RCW 19.34.502 (Criminal prosecution not precluded -- Remedies
not exclusive -- Injunctive relief availability) and 1997 c 27 s 26;
(40) RCW 19.34.503 (Jurisdiction, venue, choice of laws) and 1997
c 27 s 27;
(41) RCW 19.34.900 (Short title) and 1996 c 250 s 101;
(42) RCW 19.34.901 (Effective date -- 1996 c 250) and 2000 c 171 s
52, 1997 c 27 s 28, & 1996 c 250 s 602;
(43) RCW 19.34.902 (Severability -- 1996 c 250) and 1996 c 250 s 604;
(44) RCW 19.34.903 (Part headings and section captions not law--1996 c 250) and 1996 c 250 s 605; and
(45) RCW 43.19.794 (Departmental authority as certification
authority for electronic authentication) and 2011 1st sp.s. c 43 s 602,
1999 c 287 s 18, & 1997 c 27 s 29.
NEW SECTION. Sec. 29 Sections 1 through 20 of this act
constitute a new chapter in Title
NEW SECTION. Sec. 30 This act takes effect January 1, 2013.