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Ordinance adding section 2.22.050 to Title 2, Chapter 2.22, of the South San Francisco Municipal Code pertaining to electronic signatures.
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WHEREAS, in 1995, California passed Government Code section 16.5, authorizing public entities, including cities, to accept a "digital signature" for any written communication, so long as the digital signature meets certain requirements and complies with regulations adopted by the Secretary of State; and
WHEREAS, the regulations adopted by the Secretary of State in 1998 require a public entity, before accepting a digital signature, to ensure that (1) the level of security used to identify the signer of a document is sufficient for the transaction being conducted, (2) the level of security used to transmit the signature is sufficient for the transaction being conducted, and (3) any certificate format used by the signer is sufficient for the security and interoperability needs of the public entity (2 Cal. Code Regs. ? 22005); and
WHEREAS, in 1999, California adopted a version of the Uniform Electronic Transactions Act (UETA) in Civil Code sections 1633.1 to 1633.17, giving electronic signatures the same legal effect as manual or "wet" signatures; and
WHEREAS, UETA applies broadly to "any action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs" (Civil Code, ? 1633.2, subd. (o)) and transactions subject to UETA need not meet the specific requirements of Government Code section 16.5 and its implementing regulations (Gov. Code, ? 16.5, subd. (e)); and
WHEREAS, in 2000, the United States Congress passed the Electronic Signatures in Global and National Commerce Act (E-SIGN Act), mandating the same treatment of electronic signatures and manual signatures in interstate or foreign commerce (15 U.S.C. ? 7001); and
WHEREAS, the use of electronic signatures on legally binding documents has become increasingly prevalent in the private sector and...
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