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ESIGN State Laws California

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California adopted UETA in 1999 with Act 458 and entered it into California Civil Code Section 1633

SENATE BILL 367 OF 1999 (online here)

Code of Civil Procedure (adding s.1010.6) & California Government Code (amending s. 6159) [1999]

This bill would authorize a trial court to adopt local rules of court permitting electronic filing and service of documents, as specified.


CALIFORNIA DIGITAL SIGNATURE REGULATIONS OF 1997 - (online here)

California Government Code Section 16.5

16.5. (a) In any written communication with a public entity, as defined in Section 811.2, in which a signature is required or used, any party to the communication may affix a signature by use of a digital signature that complies with the requirements of this section. The use of a digital signature shall have the same force and effect as the use of a manual signature if and only if it embodies all of the following attributes:

(1) It is unique to the person using it.
(2) It is capable of verification.

Both the user and the file being signed is capable of being verified.

(3) It is under the sole control of the person using it.

As described in (1), only an authorized user would know the correct combination of User Name, Password and Email address.

(4) It is linked to data in such a manner that if the data are changed, the digital signature is invalidated.


CALIFORNIA ASSEMBLY BILL 2755 OF 1995 - (online here)

This bill would, notwithstanding contrary provisions of law, permit use of an electronic signature substitute, or other indicator of authenticity, approved by the State Registrar in lieu of a signature, and would specify that the person completing the cause of death portion of the certificate attest to its accuracy.

CALIFORNIA ASSEMBLY BILL 44 OF 1997 - (online here)

This bill would require the Secretary of State to assign a task force to study the creation of a digital electoral system, as specified, and report to the Legislature by March 1, 1999, on the results of the study.

CALIFORNIA SENATE BILL 49 OF 1997 - (online here)

This bill would require the Secretary of State to develop a process whereby reports and statements that are required under the act to be filed with the Secretary of State could be filed electronically and viewed by the public at no cost and an online disclosure system by way of the largest nonproprietary, cooperative public computer network.

CALIFORNIA ASSEMBLY BILL 721 OF 1997 - (online here)

SEC. 34. Section 25612.5 of the Corporations Code is amended to read:

(c) Notwithstanding any other provision of law, any application for qualification, amendment to the application or related securities qualification or registration document or notice under Sections 25100.1, 25101.1, 25102.1, and 25230.1 or record otherwise required to be signed that is filed in this state by means of electronic technology pursuant to a nationwide central depository for qualification or registration of securities shall be deemed to be a valid original document upon reproduction to paper form by the Department of Corporations.

CALIFORNIA ASSEMBLY BILL 521 OF 1998 - (online here)

This bill would require the Board of Governors of the California Community Colleges to adopt regulations that permit the governing board of a community college district to allow applications for admission and, upon adoption of a standard for encrypted digital signatures by the Secretary of State, student residency determination forms to be submitted electronically.

CALIFORNIA ASSEMBLY BILL 2608 OF 1998 - (online here)

This bill would require the department to hold hearings and create a method for protecting the privacy and assuring the security of confidential personal or business information over the Internet and through electronic mail to ensure that credit card information or other personal information is secure and private. The bill would also require the department to develop a method for the state to use and ensure the authentication and security of digital signatures through electronic means.


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