Santa Fe Springs Municipal Code Ch. 41 Electronic Records and Signatures

For the purposes of this Chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Whenever any words or phrases used in this Chapter are not defined in this section but are defined in Section 16.5 of the California Government Code, Section 22003 of Title 2, Division 7, Chapter 10 of the California Code of Regulations, or Section 1633.2 of the California Civil Code, such definitions are incorporated in this section and shall be deemed to apply to such words and phrases used herein as though set forth in this section in full:

Certification Authority means a person or entity that issues certification, or in the case of certain certificate processes, certifies amendments to an existing certificate.

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

Electronic Record has the same meaning as in Section 1633.2 of the California Civil Code.

Electronic Signature has the same meaning as in Section 1633.2 of the California Civil Code.

Signer means the person who signs a digitally signed communication with the use of an acceptable technology to uniquely link the message with the person sending it.

Technology means the computer hardware and/or software-based method or process used to create the digital signature.

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

(Ord. 1158, § 2, passed 3-18-25)

In any written communication or transaction with the City where a signature is required, any party to the communication may use an electronic or digital signature, provided that it complies with the requirements of this Chapter. This Chapter is intended to enable the City to use electronic or digital signatures to the fullest extent allowed by the law, and does not limit the City's ability to use electronic records, electronic signatures, or digital signatures in any way.

(Ord. 1158, § 2, passed 3-18-25)

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

(A) When a record is required to be in writing, an electronic record shall satisfy that requirement, if it 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 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 signer.

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

(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 technology used to create the digital signature shall meet the Secretary of State's acceptable technology requirements under Title 2, Division 7, Chapter 10, Section 22003 of the California Code of Regulations, as the same may be modified and amended from time to time.

(E) The City 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 sufficient for the transaction being conducted.

(Ord. 1158, § 2, passed 3-18-25)

The City Council, by resolution, may establish and amend such policies as deemed necessary or desirable to expand upon the provisions of this Chapter, provided that such policies are consistent with the provisions of this Chapter.

(Ord. 1158, § 2, passed 3-18-25)

The authorization conferred under this Chapter, shall not apply where the use of digital signatures or electronic signatures are prohibited by law or otherwise not governed by the UETA.

(Ord. 1158, § 2, passed 3-18-25)