Sand City Municipal Code Ch. 2.38 Electronic Records and Electronic Signatures

This chapter is intended to enable the City to use electronic and digital signatures to the fullest extent allowed by law.

(Ord. 21-02 §1)

The following definitions apply to this chapter:

"Digital signature"

has the same meaning as in Section 16.5 of the California Government Code, as may be amended.

"Electronic record"

has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.

"Electronic signature"

has the same meaning as in Section 1633.2 of the California Civil Code, as may be amended.

"UETA"

means the Uniform Electronic Transactions Act, commencing at Section 1633.1 of the California Civil Code.

(Ord. 21-02 §1)

In any transaction or communication with the City for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions apply:

A. When a record is required to be in writing, an electronic record satisfies the requirement, if the electronic record is in accordance with the UETA.

B. When a signature is required, the parties may agree that either:

1. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or

2. A digital signature satisfies that requirement, if it is in accordance with Section 16.5 of the California Government Code.

C. A digital signature shall include all of the following attributes:

1. It is unique to the person using it;

2. It is capable of verification;

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

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

5. It conforms to regulations adopted by the California Secretary of State at Title 2, Division 7, Chapter 10 of the California Code of Regulations, as the same may be modified from time to time.

D. The City Clerk shall ensure that the level of security used to identify the signer of a document, and that the level of security used to transmit the signature, is created in accordance with this chapter.

(Ord. 21-02 §1)

The City Council, by resolution, may establish and from time to time amend such policies as the City Council deems necessary or desirable to expand upon the provisions of this chapter, provided that such policies are consistent with the provisions of the ordinance codified in this chapter.

(Ord. 21-02 §1)

A. The authorization conferred under this chapter, shall not apply where the use of digital signatures or electronic signatures is prohibited by law.

B. Use of electronic signatures is further prohibited in the following situations:

1. Transactions requiring a handwritten signature, such as transfers or sale of real property.

2. Transactions that require a person to sign in the presence of a notary public.

(Ord. 21-02 §1)