NY State Assembly Bill 2021-A3760A

Assembly Bill A3760A

2021-2022 Legislative Session

Allows signatures secured through blockchain technology to be considered an electronic signature

download bill text pdf

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 07, 2022	print number 3760a
Mar 07, 2022	amend and recommit to governmental operations
Jan 05, 2022	referred to governmental operations
Jan 28, 2021	referred to governmental operations

Bill Amendments

Original

A (Active)

2021-A3760 - Details

Current Committee:: Assembly Governmental Operations
Law Section:: State Technology Law
Laws Affected:: Amd §302, add §310, St Tech L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8780
2019-2020: A1683
2023-2024: A2643

2021-A3760 - Summary

Relates to allowing signatures, records and contracts secured through blockchain technology to be considered in an electronic form and to be an electronic record and signature; allows smart contracts to exist in commerce.

2021-A3760 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3760
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the state technology  law,  in  relation  to  blockchain
   technology and smart contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 302 of the  state  technology  law  is  amended  by
 adding two new subdivisions 6 and 7 to read as follows:
   6.  "BLOCKCHAIN  TECHNOLOGY"  SHALL MEAN DISTRIBUTED LEDGER TECHNOLOGY
 THAT USES A DISTRIBUTED, DECENTRALIZED, SHARED  AND  REPLICATED  LEDGER,
 WHICH MAY BE PUBLIC OR PRIVATE, PERMISSIONED OR PERMISSIONLESS, OR DRIV-
 EN BY TOKENIZED CRYPTO ECONOMICS OR TOKENLESS. THE DATA ON THE LEDGER IS
 PROTECTED  WITH CRYPTOGRAPHY, IS IMMUTABLE AND AUDITABLE AND PROVIDES AN
 UNCENSORED TRUTH.
   7. "SMART CONTRACT" SHALL MEAN AN EVENT-DRIVEN PROGRAM THAT RUNS ON  A
 DISTRIBUTED,  DECENTRALIZED,  SHARED  AND REPLICATED LEDGER AND THAT CAN
 TAKE CUSTODY OVER AND INSTRUCT TRANSFER OF ASSETS ON THAT LEDGER.
   § 2. The state technology law is amended by adding a new  section  310
 to read as follows:
   §  310.  SIGNATURES  AND RECORDS SECURED THROUGH BLOCKCHAIN TECHNOLOGY
 AND SMART CONTRACTS. 1. A SIGNATURE THAT IS SECURED  THROUGH  BLOCKCHAIN
 TECHNOLOGY  IS CONSIDERED TO BE IN AN ELECTRONIC FORM AND TO BE AN ELEC-
 TRONIC SIGNATURE.
   2. A RECORD OR CONTRACT THAT IS SECURED THROUGH BLOCKCHAIN  TECHNOLOGY
 IS  CONSIDERED  TO  BE  IN  AN  ELECTRONIC  FORM AND TO BE AN ELECTRONIC
 RECORD.
   3. SMART CONTRACTS MAY EXIST IN COMMERCE. A  CONTRACT  RELATING  TO  A
 TRANSACTION  MAY  NOT BE DENIED LEGAL EFFECT, VALIDITY OR ENFORCEABILITY
 SOLELY BECAUSE THAT CONTRACT CONTAINS A SMART CONTRACT TERM.
   4. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE  CONTRARY,
 A  PERSON  THAT,  IN  OR  AFFECTING INTERSTATE OR FOREIGN COMMERCE, USES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD03139-01-1

 A. 3760                             2
 
 BLOCKCHAIN TECHNOLOGY TO SECURE INFORMATION THAT THE PERSON OWNS OR  HAS
 THE  RIGHT  TO  USE  RETAINS  THE  SAME  RIGHTS OF OWNERSHIP OR USE WITH
 RESPECT TO THAT INFORMATION AS BEFORE THE PERSON SECURED THE INFORMATION
 USING  BLOCKCHAIN TECHNOLOGY. THIS SUBDIVISION DOES NOT APPLY TO THE USE
 OF BLOCKCHAIN TECHNOLOGY TO SECURE  INFORMATION  IN  CONNECTION  WITH  A
 TRANSACTION  TO  THE  EXTENT THAT THE TERMS OF THE TRANSACTION EXPRESSLY
 PROVIDE FOR THE TRANSFER OF RIGHTS OF OWNERSHIP OR USE WITH  RESPECT  TO
 THAT  INFORMATION.
   § 3. This act shall take effect immediately.

2021-A3760A (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
Law Section:: State Technology Law
Laws Affected:: Amd §302, add §310, St Tech L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A8780
2019-2020: A1683
2023-2024: A2643

2021-A3760A (ACTIVE) - Summary

2021-A3760A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3760--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Governmental Operations -- recommitted to the Committee on  Govern-
   mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN  ACT  to  amend  the  state technology law, in relation to blockchain
   technology and smart contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  302  of  the  state technology law is amended by
 adding two new subdivisions 6 and 7 to read as follows:
   6. "BLOCKCHAIN TECHNOLOGY" SHALL MEAN  DISTRIBUTED  LEDGER  TECHNOLOGY
 THAT  USES  A  DISTRIBUTED, DECENTRALIZED, SHARED AND REPLICATED LEDGER,
 WHICH MAY BE PUBLIC, PERMISSIONED OR PERMISSIONLESS, OR DRIVEN BY TOKEN-
 IZED CRYPTO ECONOMICS OR TOKENLESS. THE DATA ON THE LEDGER IS  PROTECTED
 WITH CRYPTOGRAPHY, IS IMMUTABLE AND AUDITABLE AND PROVIDES AN UNCENSORED
 TRUTH.
   7.  "SMART CONTRACT" SHALL MEAN AN EVENT-DRIVEN PROGRAM THAT RUNS ON A
 DISTRIBUTED, DECENTRALIZED, SHARED AND REPLICATED LEDGER  AND  THAT  CAN
 TAKE CUSTODY OVER AND INSTRUCT TRANSFER OF ASSETS ON THAT LEDGER.
   §  2.  The state technology law is amended by adding a new section 310
 to read as follows:
   § 310. SIGNATURES AND RECORDS SECURED  THROUGH  BLOCKCHAIN  TECHNOLOGY
 AND  SMART  CONTRACTS. 1. A SIGNATURE THAT IS SECURED THROUGH BLOCKCHAIN
 TECHNOLOGY IS CONSIDERED TO BE IN AN ELECTRONIC FORM AND TO BE AN  ELEC-
 TRONIC SIGNATURE.
   2.  A RECORD OR CONTRACT THAT IS SECURED THROUGH BLOCKCHAIN TECHNOLOGY
 IS CONSIDERED TO BE IN AN  ELECTRONIC  FORM  AND  TO  BE  AN  ELECTRONIC
 RECORD.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03139-02-2
 A. 3760--A                          2

   3.  SMART  CONTRACTS  MAY  EXIST IN COMMERCE. A CONTRACT RELATING TO A
 TRANSACTION MAY NOT BE DENIED LEGAL EFFECT, VALIDITY  OR  ENFORCEABILITY
 SOLELY BECAUSE THAT CONTRACT CONTAINS A SMART CONTRACT TERM.
   4.  NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
 A PERSON THAT, IN OR AFFECTING  INTERSTATE  OR  FOREIGN  COMMERCE,  USES
 BLOCKCHAIN  TECHNOLOGY TO SECURE INFORMATION THAT THE PERSON OWNS OR HAS
 THE RIGHT TO USE RETAINS THE  SAME  RIGHTS  OF  OWNERSHIP  OR  USE  WITH
 RESPECT TO THAT INFORMATION AS BEFORE THE PERSON SECURED THE INFORMATION
 USING  BLOCKCHAIN TECHNOLOGY. THIS SUBDIVISION DOES NOT APPLY TO THE USE
 OF BLOCKCHAIN TECHNOLOGY TO SECURE  INFORMATION  IN  CONNECTION  WITH  A
 TRANSACTION  TO  THE  EXTENT THAT THE TERMS OF THE TRANSACTION EXPRESSLY
 PROVIDE FOR THE TRANSFER OF RIGHTS OF OWNERSHIP OR USE WITH  RESPECT  TO
 THAT  INFORMATION.
   § 3. This act shall take effect immediately.

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