Scotts Valley Municipal Code Ch. 2.42 Electronic Signatures

The following definitions apply to this section:

A. "Approved list of certification authorities" means the list of certification authorities approved by the California Secretary of State to issue certification for digital signature transactions involving public entities in California.

B. "Certification authority" means a person or entity that issues certification for the digital signature transaction.

C. "Digital signature" has the same meaning as in Section 16.5 of the California Government Code and means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature.

D. "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.

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

(Ord. No. 199, § 1, 1-19-2022)

In any written communication or transaction with the city where a signature is required, any party to the communication may use a digital signature, provided that it complies with the requirements of this section. This section is intended to enable the city to use digital signatures to the fullest extent allowed by law.

(Ord. No. 199, § 1, 1-19-2022)

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

A. The 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 Secretary of State.

B. The certification authority issuing the certification for the digital signature transaction must appear on the "Approved List of Certification Authorities" authorized by the California Secretary of State.

C. 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.

D. 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. No. 199, § 1, 1-19-2022)