Bill Text: NY S09561 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires the commissioner of motor vehicles to accept electronic signatures on any document.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-05-16 - REFERRED TO TRANSPORTATION [S09561 Detail]
Download: New_York-2023-S09561-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9561 IN SENATE May 16, 2024 ___________ Introduced by Sen. COONEY -- read twice and ordered printed, and when printed to be committed to the Committee on Transportation AN ACT to amend the vehicle and traffic law, in relation to requiring the acceptance of electronic signatures on any document The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The vehicle and traffic law is amended by adding a new 2 title 11-A to read as follows: 3 TITLE 11-A 4 ELECTRONIC SIGNATURES 5 ARTICLE 48-D 6 ELECTRONIC SIGNATURES 7 Section 2500. Definitions. 8 2501. Acceptance of electronic signatures. 9 2502. Requirements and limitations. 10 2503. Utilization. 11 2504. Conflict. 12 § 2500. Definitions. For the purposes of this article: 13 (a) "Document" means any document, form, physical odometer document, 14 power of attorney, or record necessary or required under titles three, 15 four, ten, and eleven of this chapter whether or not the document, form, 16 physical odometer document, or record is expressly prescribed in such 17 titles. 18 (b) "Electronic signature" means an electronic sound, symbol, or proc- 19 ess, attached to or logically associated with a document, form, physical 20 odometer document, or other record and executed or adopted by a person 21 with the intent to sign, agree, or otherwise acknowledge the information 22 and facts to be accurate and correct. 23 (c) "Electronic" means relating to technology having electrical, 24 digital, magnetic, wireless, optical, electromagnetic, or similar capa- 25 bilities. 26 (d) "Physical odometer document" means a physical document as defined 27 in part 580 of title 49 United States code of federal regulations 28 containing an odometer disclosure statement printed on paper by a secure EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14833-01-4S. 9561 2 1 printing process or other secure process by any jurisdiction in compli- 2 ance with such part. Physical odometer documents, for the purposes of 3 this section, are limited to certificates of title, secure powers of 4 attorney, and reassignment documents. The term does not include any 5 other form or document, even if the document contains a space for an 6 odometer reading. 7 § 2501. Acceptance of electronic signatures. (a) The commissioner 8 shall accept electronic signatures on any document. 9 (b) A physical odometer document that is made electronic by imaging, 10 scanning, or similar process: 11 (1) is not an "electronic power of attorney" or "electronic title" as 12 those terms are defined in part 580 of title 49 United States code of 13 federal regulations; and 14 (2) shall be accepted if subsequently executed with an electronic 15 signature as described in subdivision (c) of this section. 16 (c) The commissioner shall accept any document with an electronic 17 signature by: 18 (1) electronic means if the commissioner has a process or system 19 available to accept the document by electronic means and a person need- 20 ing to submit the document has access to the process or the system; or 21 (2) physical means, such that the document is subsequently printed to 22 paper after execution. 23 (d) A physical odometer document which is made electronic by imaging, 24 scanning or other similar process that is subsequently executed with an 25 electronic signature that requires submission to the commissioner by 26 physical means shall require the physical odometer document, in its 27 original format, prior to its execution by electronic signature, to 28 accompany the printed copy if the physical odometer document is a: 29 (1) certificate of title; or 30 (2) secure power of attorney or dealer reassignment and the secure 31 power of attorney or dealer reassignment has physically completed data 32 or information, such as by handwriting or printing, that preceded the 33 execution by electronic signature. 34 § 2502. Requirements and limitations. (a) The commissioner: 35 (1) may require a document containing an electronic signature to 36 include an indication that the signature is electronic; 37 (2) may require a physical odometer document be invalidated, in a 38 manner determined by the commissioner, upon acceptance of the physical 39 odometer document through an electronic process or system; 40 (3) may not refuse to accept any document executed with an electronic 41 signature merely because the document contains an electronic signature 42 provided the electronic signature complies with the requirements of this 43 article; 44 (4) shall not require an electronic signature process or an electronic 45 signature vendor be certified by the commissioner before accepting a 46 document that is executed with an electronic signature through a service 47 provided by the vendor; 48 (5) shall not require a document which has been executed with an elec- 49 tronic signature to be converted to physical format by printing for any 50 purpose, except when submission by physical means is required because 51 the commissioner does not have an electronic process or system available 52 or a person does not have access to the electronic process or system; 53 (6) shall not impose any additional requirement upon an electronic 54 signature except as authorized by this section; and 55 (7) may require a certification of authenticity, audit trail, or simi- 56 lar statement.S. 9561 3 1 (b) The system or person granting access to the system used to capture 2 an electronic signature shall verify the identity of the user accessing 3 the system. The system shall: 4 (1) be securely maintained; 5 (2) capture and retain the user information, including the internet 6 protocol address of the signer and date and timestamp of system access 7 or electronic signature capture; and 8 (3) retain all information provided to the system for a period of five 9 years, which shall be made available to the commissioner, other regula- 10 tory agencies, or law enforcement upon request. 11 (c) This section shall not be construed to require, limit, prohibit, 12 or otherwise hinder the ability of the commissioner to provide electron- 13 ic services, systems, or alternative methods to receiving and transmit- 14 ting electronic data, documents, or records, including electronic signa- 15 ture capturing or identity verification. 16 (d) This section shall not be construed to require, limit, prohibit, 17 or otherwise hinder the commissioner to provide or issue an "electronic 18 power of attorney" or "electronic title" as those terms are defined in 19 part 580 of title 49 United States code of federal regulations, or 20 provide an electronic signature process, system, platform, or service. 21 § 2503. Utilization. Electronic signatures may not be used for any 22 purpose other than the purpose indicated by the signer on the document 23 and shall be linked to their respective electronic records to ensure 24 that the signatures cannot be excised, copied, or otherwise transferred 25 unless expressly authorized by the signer. 26 § 2504. Conflict. This section shall prevail in any conflict arising 27 with another provision in this chapter or with article three of the 28 state technology law, the "electronic signatures and records act". Arti- 29 cle three of the state technology law shall govern any area not express- 30 ly addressed in this section. 31 § 2. This act shall take effect immediately.
