AN ACT Relating to the use, acceptance, and removal of barriers to the use and acceptance of electronic signatures; amending RCW 18.25.020, 18.32.100, and 29A.72.010; reenacting and amending RCW 19.34.231; adding a new section to chapter 19.34 RCW; adding a new chapter to Title 19 RCW; creating a new section; and repealing RCW 39.04.390.

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

PART I

(2) Each state agency may determine whether, and to what extent, the agency will send and accept 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. Nothing in this act requires a state agency to send or accept electronic records or electronic signatures when a writing or signature is required by statute.

(3) For governmental affairs and governmental transactions with state agencies, the state agency shall establish the method that must be used for electronic submissions and electronic signatures. The method and process for electronic submissions and the use of electronic signatures must be established by policy or rule and be consistent with the policies, standards, or guidance established by the chief information officer required in subsection (4) of this section.

(4)(a) The chief information officer, in coordination with state agencies, must establish standards, guidelines, or policies for the electronic submittal and receipt of electronic records and electronic signatures for governmental affairs and governmental transactions. The standards, policies, or guidelines must take into account reasonable access by and ability of persons to participate in governmental affairs or governmental transactions and be able to rely on transactions that are conducted electronically with agencies. Through the standards, policies, or guidelines, the chief information officer should encourage and promote consistency and interoperability among state agencies.

(b) In order to provide a single point of access, the chief information officer must establish a web site that maintains or links to the agency rules and policies established pursuant to subsection (3) of this section.

(2) "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) "Record," as used in subsection (1) of this section, has the meaning set forth in section 9(8) of this act.

(2) For the purposes of this section, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

PART II

(2) Those contracts, records, transactions, documents, or matters specifically excepted from coverage of ESIGN under section 7003 of ESIGN are unaffected by and excepted from this act. This act neither precludes nor authorizes the use of electronic records or signatures for the excepted matters set out in section 7003 of ESIGN.

(1) "Consumer" means an individual who obtains, through a transaction, products or services which are used primarily for personal, family, or household purposes, and includes the legal representative of such an individual.

(2) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(3) "Electronic record" means a contract or other record created, generated, sent, communicated, received, or stored by electronic means.

(4) "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.

(5) "ESIGN" means the electronic signatures in global and national commerce act, 15 U.S.C. Sec. 7001 et seq., as in effect on June 13, 2002.

(6) "Information" means data, text, images, sounds, codes, computer programs, software, databases, or the like.

(7) "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.

(8) "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, except as otherwise defined for the purpose of state agency record retention, preservation, or disclosure.

(9) "Requirement" includes a prohibition.

(10) "Transaction" means an action or set of actions relating to the conduct of business, governmental, consumer, or commercial affairs between two or more persons, including any of the following types of conduct:

(a) The sale, lease, exchange, licensing, or other disposition, including governmental or other procurement and aspects thereof such as competitive bidding, of: (i) Personal property, including goods and intangibles; (ii) services; or (iii) any combination thereof; and

(b) The sale, lease, exchange, or other disposition of any interest in real property, or any combination thereof.

PART III

Sec. 13.  RCW 18.25.020 and 1996 c 191 s 8 are each amended to read as follows:

(1) Any person not now licensed to practice chiropractic in this state and who desires to practice chiropractic in this state, before it shall be lawful for him or her to do so, shall make application therefor to the secretary, upon such form and in such manner as may be adopted and directed by the secretary. Each applicant who matriculates to a chiropractic college ((after January 1, 1975)), shall have completed not less than one-half of the requirements for a baccalaureate degree at an accredited and approved college or university and shall be a graduate of a chiropractic school or college accredited and approved by the commission and shall show satisfactory evidence of completion by each applicant of a resident course of study of not less than four thousand classroom hours of instruction in such school or college. Applications shall be in writing and shall be signed by the applicant ((in his or her own handwriting and shall be sworn to before some officer authorized to administer oaths)), and shall recite the history of the applicant as to his or her educational advantages, his or her experience in matters pertaining to a knowledge of the care of the sick, how long he or she has studied chiropractic, under what teachers, what collateral branches, if any, he or she has studied, the length of time he or she has engaged in clinical practice; accompanying the same by reference therein, with any proof thereof in the shape of diplomas, certificates, and shall accompany said application with satisfactory evidence of good character and reputation.

(2) Applicants shall follow administrative procedures and administrative requirements and pay fees as provided in RCW 43.70.250 and 43.70.280.

Sec. 14.  RCW 18.32.100 and 1994 sp.s. c 9 s 213 are each amended to read as follows:

The applicant for a dentistry license shall file an application on a form furnished by the secretary, stating the applicant's name, age, place of residence, the name of the school or schools attended by the applicant, the period of such attendance, the date of the applicant's graduation, whether the applicant has ever been the subject of any disciplinary action related to the practice of dentistry, and shall include a statement of all of the applicant's dental activities. This shall include any other information deemed necessary by the commission.

The application shall be signed by the applicant ((and sworn to by the applicant before some person authorized to administer oaths,)) and shall be accompanied by proof of the applicant's school attendance and graduation.

Sec. 15.  RCW 19.34.231 and 2011 1st sp.s. c 43 s 809 and 2011 c 183 s 2 are each reenacted and amended to read as follows:

(2))) A city or county may become a licensed certification authority under RCW 19.34.100 for purposes of providing services to local government, if authorized by ordinance adopted by the city or county legislative authority.

Sec. 16.  RCW 29A.72.010 and 2003 c 111 s 1802 are each amended to read as follows:

If any legal voter of the state, either individually or on behalf of an organization, desires to petition the legislature to enact a proposed measure, or submit a proposed initiative measure to the people, or order that a referendum of all or part of any act, bill, or law, passed by the legislature be submitted to the people, he or she shall file with the secretary of state:

(1) A legible copy of the measure proposed, or the act or part of such act on which a referendum is desired((, accompanied by an));

(2) A signed affidavit, or electronic submission, that the sponsor is a ((legal)) registered voter; and

(3) A filing fee prescribed under RCW 43.07.120.

NEW SECTION.  Sec. 17.  A new section is added to chapter 19.34 RCW to read as follows:

To the extent that this chapter is in conflict with this act, this act supersedes the provisions of this chapter regarding the same subject matter.

NEW SECTION.  Sec. 18.  RCW 39.04.390 (Electronic competitive bidding) and 2014 c 151 s 1 are each repealed.

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