S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10076
 
                           I N  A S S E M B L Y
 
                                May 3, 2024
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred 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:

   Section 1. The vehicle and traffic law is  amended  by  adding  a  new
 title 11-A to read as follows:
                                TITLE 11-A
                           ELECTRONIC SIGNATURES
                               ARTICLE 48-D
                           ELECTRONIC SIGNATURES
 SECTION 2500. DEFINITIONS.
         2501. ACCEPTANCE OF ELECTRONIC SIGNATURES.
         2502. REQUIREMENTS AND LIMITATIONS.
         2503. UTILIZATION.
         2504. CONFLICT.
   § 2500. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
   (A)  "DOCUMENT"  MEANS ANY DOCUMENT, FORM, PHYSICAL ODOMETER DOCUMENT,
 POWER OF ATTORNEY, OR RECORD NECESSARY OR REQUIRED UNDER  TITLES  THREE,
 FOUR, TEN, AND ELEVEN OF THIS CHAPTER WHETHER OR NOT THE DOCUMENT, FORM,
 PHYSICAL  ODOMETER  DOCUMENT,  OR RECORD IS EXPRESSLY PRESCRIBED IN SUCH
 TITLES.
   (B) "ELECTRONIC SIGNATURE" MEANS AN ELECTRONIC SOUND, SYMBOL, OR PROC-
 ESS, ATTACHED TO OR LOGICALLY ASSOCIATED WITH A DOCUMENT, FORM, PHYSICAL
 ODOMETER DOCUMENT, OR OTHER RECORD AND EXECUTED OR ADOPTED BY  A  PERSON
 WITH THE INTENT TO SIGN, AGREE, OR OTHERWISE ACKNOWLEDGE THE INFORMATION
 AND FACTS TO BE ACCURATE AND CORRECT.
   (C)  "ELECTRONIC"  MEANS  RELATING  TO  TECHNOLOGY  HAVING ELECTRICAL,
 DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR  CAPA-
 BILITIES.
   (D)  "PHYSICAL ODOMETER DOCUMENT" MEANS A PHYSICAL DOCUMENT AS DEFINED
 IN PART 580 OF TITLE  49  UNITED  STATES  CODE  OF  FEDERAL  REGULATIONS
 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.
              

                                                            LBD14833-01-4
 A. 10076                            2
 
 PRINTING  PROCESS OR OTHER SECURE PROCESS BY ANY JURISDICTION IN COMPLI-
 ANCE WITH SUCH PART. PHYSICAL ODOMETER DOCUMENTS, FOR  THE  PURPOSES  OF
 THIS  SECTION,  ARE  LIMITED  TO CERTIFICATES OF TITLE, SECURE POWERS OF
 ATTORNEY,  AND  REASSIGNMENT  DOCUMENTS.  THE  TERM DOES NOT INCLUDE ANY
 OTHER FORM OR DOCUMENT, EVEN IF THE DOCUMENT CONTAINS  A  SPACE  FOR  AN
 ODOMETER READING.
   §  2501.  ACCEPTANCE  OF  ELECTRONIC  SIGNATURES. (A) THE COMMISSIONER
 SHALL ACCEPT ELECTRONIC SIGNATURES ON ANY DOCUMENT.
   (B) A PHYSICAL ODOMETER DOCUMENT THAT IS MADE ELECTRONIC  BY  IMAGING,
 SCANNING, OR SIMILAR PROCESS:
   (1)  IS NOT AN "ELECTRONIC POWER OF ATTORNEY" OR "ELECTRONIC TITLE" AS
 THOSE TERMS ARE DEFINED IN PART 580 OF TITLE 49 UNITED  STATES  CODE  OF
 FEDERAL REGULATIONS; AND
   (2)  SHALL  BE  ACCEPTED  IF  SUBSEQUENTLY EXECUTED WITH AN ELECTRONIC
 SIGNATURE AS DESCRIBED IN SUBDIVISION (C) OF THIS SECTION.
   (C) THE COMMISSIONER SHALL ACCEPT  ANY  DOCUMENT  WITH  AN  ELECTRONIC
 SIGNATURE BY:
   (1)  ELECTRONIC  MEANS  IF  THE  COMMISSIONER  HAS A PROCESS OR SYSTEM
 AVAILABLE TO ACCEPT THE DOCUMENT BY ELECTRONIC MEANS AND A PERSON  NEED-
 ING TO SUBMIT THE DOCUMENT HAS ACCESS TO THE PROCESS OR THE SYSTEM; OR
   (2)  PHYSICAL MEANS, SUCH THAT THE DOCUMENT IS SUBSEQUENTLY PRINTED TO
 PAPER AFTER EXECUTION.
   (D) A PHYSICAL ODOMETER DOCUMENT WHICH IS MADE ELECTRONIC BY  IMAGING,
 SCANNING  OR OTHER SIMILAR PROCESS THAT IS SUBSEQUENTLY EXECUTED WITH AN
 ELECTRONIC SIGNATURE THAT REQUIRES SUBMISSION  TO  THE  COMMISSIONER  BY
 PHYSICAL  MEANS  SHALL  REQUIRE  THE  PHYSICAL ODOMETER DOCUMENT, IN ITS
 ORIGINAL FORMAT, PRIOR TO ITS  EXECUTION  BY  ELECTRONIC  SIGNATURE,  TO
 ACCOMPANY THE PRINTED COPY IF THE PHYSICAL ODOMETER DOCUMENT IS A:
   (1) CERTIFICATE OF TITLE; OR
   (2)  SECURE  POWER  OF  ATTORNEY OR DEALER REASSIGNMENT AND THE SECURE
 POWER OF ATTORNEY OR DEALER REASSIGNMENT HAS PHYSICALLY  COMPLETED  DATA
 OR  INFORMATION,  SUCH  AS BY HANDWRITING OR PRINTING, THAT PRECEDED THE
 EXECUTION BY ELECTRONIC SIGNATURE.
   § 2502. REQUIREMENTS AND LIMITATIONS. (A) THE COMMISSIONER:
   (1) MAY REQUIRE A  DOCUMENT  CONTAINING  AN  ELECTRONIC  SIGNATURE  TO
 INCLUDE AN INDICATION THAT THE SIGNATURE IS ELECTRONIC;
   (2)  MAY  REQUIRE  A  PHYSICAL  ODOMETER DOCUMENT BE INVALIDATED, IN A
 MANNER DETERMINED BY THE COMMISSIONER, UPON ACCEPTANCE OF  THE  PHYSICAL
 ODOMETER DOCUMENT THROUGH AN ELECTRONIC PROCESS OR SYSTEM;
   (3)  MAY NOT REFUSE TO ACCEPT ANY DOCUMENT EXECUTED WITH AN ELECTRONIC
 SIGNATURE MERELY BECAUSE THE DOCUMENT CONTAINS AN  ELECTRONIC  SIGNATURE
 PROVIDED THE ELECTRONIC SIGNATURE COMPLIES WITH THE REQUIREMENTS OF THIS
 ARTICLE;
   (4) SHALL NOT REQUIRE AN ELECTRONIC SIGNATURE PROCESS OR AN ELECTRONIC
 SIGNATURE  VENDOR  BE  CERTIFIED  BY THE COMMISSIONER BEFORE ACCEPTING A
 DOCUMENT THAT IS EXECUTED WITH AN ELECTRONIC SIGNATURE THROUGH A SERVICE
 PROVIDED BY THE VENDOR;
   (5) SHALL NOT REQUIRE A DOCUMENT WHICH HAS BEEN EXECUTED WITH AN ELEC-
 TRONIC SIGNATURE TO BE CONVERTED TO PHYSICAL FORMAT BY PRINTING FOR  ANY
 PURPOSE,  EXCEPT  WHEN  SUBMISSION BY PHYSICAL MEANS IS REQUIRED BECAUSE
 THE COMMISSIONER DOES NOT HAVE AN ELECTRONIC PROCESS OR SYSTEM AVAILABLE
 OR A PERSON DOES NOT HAVE ACCESS TO THE ELECTRONIC PROCESS OR SYSTEM;
   (6) SHALL NOT IMPOSE ANY ADDITIONAL  REQUIREMENT  UPON  AN  ELECTRONIC
 SIGNATURE EXCEPT AS AUTHORIZED BY THIS SECTION; AND
   (7) MAY REQUIRE A CERTIFICATION OF AUTHENTICITY, AUDIT TRAIL, OR SIMI-
 LAR STATEMENT.
 A. 10076                            3
 
   (B) THE SYSTEM OR PERSON GRANTING ACCESS TO THE SYSTEM USED TO CAPTURE
 AN  ELECTRONIC SIGNATURE SHALL VERIFY THE IDENTITY OF THE USER ACCESSING
 THE SYSTEM. THE SYSTEM SHALL:
   (1) BE SECURELY MAINTAINED;
   (2)  CAPTURE  AND  RETAIN THE USER INFORMATION, INCLUDING THE INTERNET
 PROTOCOL ADDRESS OF THE SIGNER AND DATE AND TIMESTAMP OF  SYSTEM  ACCESS
 OR ELECTRONIC SIGNATURE CAPTURE; AND
   (3) RETAIN ALL INFORMATION PROVIDED TO THE SYSTEM FOR A PERIOD OF FIVE
 YEARS,  WHICH SHALL BE MADE AVAILABLE TO THE COMMISSIONER, OTHER REGULA-
 TORY AGENCIES, OR LAW ENFORCEMENT UPON REQUEST.
   (C) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE,  LIMIT,  PROHIBIT,
 OR OTHERWISE HINDER THE ABILITY OF THE COMMISSIONER TO PROVIDE ELECTRON-
 IC  SERVICES, SYSTEMS, OR ALTERNATIVE METHODS TO RECEIVING AND TRANSMIT-
 TING ELECTRONIC DATA, DOCUMENTS, OR RECORDS, INCLUDING ELECTRONIC SIGNA-
 TURE CAPTURING OR IDENTITY VERIFICATION.
   (D) THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE,  LIMIT,  PROHIBIT,
 OR  OTHERWISE HINDER THE COMMISSIONER TO PROVIDE OR ISSUE AN "ELECTRONIC
 POWER OF ATTORNEY" OR "ELECTRONIC TITLE" AS THOSE TERMS ARE  DEFINED  IN
 PART  580  OF  TITLE  49  UNITED  STATES CODE OF FEDERAL REGULATIONS, OR
 PROVIDE AN ELECTRONIC SIGNATURE PROCESS, SYSTEM, PLATFORM, OR SERVICE.
   § 2503. UTILIZATION. ELECTRONIC SIGNATURES MAY NOT  BE  USED  FOR  ANY
 PURPOSE  OTHER  THAN THE PURPOSE INDICATED BY THE SIGNER ON THE DOCUMENT
 AND SHALL BE LINKED TO THEIR RESPECTIVE  ELECTRONIC  RECORDS  TO  ENSURE
 THAT  THE SIGNATURES CANNOT BE EXCISED, COPIED, OR OTHERWISE TRANSFERRED
 UNLESS EXPRESSLY AUTHORIZED BY THE SIGNER.
   § 2504. CONFLICT. THIS SECTION SHALL PREVAIL IN ANY  CONFLICT  ARISING
 WITH  ANOTHER  PROVISION  IN  THIS  CHAPTER OR WITH ARTICLE THREE OF THE
 STATE TECHNOLOGY LAW, THE "ELECTRONIC SIGNATURES AND RECORDS ACT". ARTI-
 CLE THREE OF THE STATE TECHNOLOGY LAW SHALL GOVERN ANY AREA NOT EXPRESS-
 LY ADDRESSED IN THIS SECTION.
   § 2. This act shall take effect immediately.