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S02107 Summary:

BILL NOS02107A
 
SAME ASNo Same As
 
SPONSORCOONEY
 
COSPNSRPERSAUD
 
MLTSPNSR
 
Add Title 11-A Art 48-D §§2500 - 2504, V & T L
 
Authorizes the commissioner of motor vehicles to accept electronic signatures on form MV-82, application for registration/title.
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S02107 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2107--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2025
                                       ___________
 
        Introduced  by  Sens. COONEY, PERSAUD -- read twice and ordered printed,
          and when printed to be committed to the Committee on Transportation --
          recommitted to the Committee  on  Transportation  in  accordance  with
          Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the vehicle and traffic law, in relation to the  accept-
          ance   of   electronic  signatures  on  form  MV-82,  application  for
          registration/title
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  vehicle  and  traffic law is amended by adding a new
     2  title 11-A to read as follows:
     3                                 TITLE 11-A
     4                            ELECTRONIC SIGNATURES
     5                                ARTICLE 48-D
     6                            ELECTRONIC SIGNATURES
     7  Section 2500. Definitions.
     8          2501. Acceptance of electronic signatures.
     9          2502. Requirements and limitations.
    10          2503. Utilization.
    11          2504. Conflict.
    12    § 2500. Definitions. For the purposes of this article:
    13    (a) "Document" means form MV-82, application  for  registration/title,
    14  as prescribed by the commissioner, and shall not include any other form,
    15  certificate, record, or instrument required under this chapter.
    16    (b) "Electronic signature" means an electronic sound, symbol, or proc-
    17  ess,  attached  to  or logically associated with form MV-82 (application
    18  for registration/title) and executed or adopted by  a  person  with  the
    19  intent  to  sign,  agree,  or  otherwise acknowledge the information and
    20  facts to be accurate and correct.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03600-02-6

        S. 2107--A                          2
 
     1    (c) "Electronic"  means  relating  to  technology  having  electrical,
     2  digital,  magnetic, wireless, optical, electromagnetic, or similar capa-
     3  bilities as used solely in connection with form MV-82  (application  for
     4  registration/title).
     5    §  2501. Acceptance of electronic signatures. (a) The commissioner may
     6  accept electronic signatures on form MV-82.
     7    (b) An electronic signature affixed to form MV-82, when  permitted  by
     8  the  commissioner, shall have the same force and legal effect as a hand-
     9  written "wet ink" signature.
    10    § 2502. Requirements and limitations. (a) The commissioner:
    11    (1) may require that form MV-82 containing an electronic signature  to
    12  include an indication that the signature is electronic;
    13    (2) may establish procedures for the acceptance and processing of form
    14  MV-82  executed  with  an electronic signature, including procedures for
    15  invalidating any previously submitted paper version of  such  form  when
    16  replaced by an electronic submission;
    17    (3)  may  not  refuse to accept form MV-82 executed with an electronic
    18  signature solely because such  signature  is  electronic,  provided  the
    19  electronic  signature complies with standards established by the commis-
    20  sioner;
    21    (4) may establish standards for  electronic  signature  processes  and
    22  vendors  used  for  form  MV-82, including security, authentication, and
    23  fraud prevention requirements;
    24    (5) shall not require a form MV-82 executed with an electronic  signa-
    25  ture  to  be  converted  to physical format by printing for any purpose,
    26  except when submission by physical means is required because the commis-
    27  sioner does not have an electronic process or system available to accept
    28  such form MV-82, or where an applicant does not have access to the elec-
    29  tronic process or system;
    30    (6) shall not impose any additional  requirement  upon  an  electronic
    31  signature  on form MV-82 except as authorized by this section; and
    32    (7) may require reasonable authentication or verification measures for
    33  electronic  signatures  on  form MV-82, including such methods as deter-
    34  mined necessary by the commissioner  to  ensure  integrity  and  prevent
    35  fraud.
    36    (b) The commissioner may establish security, verification, and record-
    37  keeping  standards  for  electronic  signatures on form MV-82, including
    38  measures necessary to ensure the integrity of the submission and prevent
    39  fraud.
    40    (c) This section shall not be construed to require,  limit,  prohibit,
    41  or  otherwise hinder the commissioner from providing electronic services
    42  or systems for form MV-82, including electronic signature  capturing  or
    43  identity verification related solely to such form.
    44    § 2503. Utilization. Electronic signatures used on form MV-82 shall be
    45  used  solely  for the purpose of executing such form as indicated by the
    46  signer and shall be associated with the electronic  submission  of  such
    47  form in a manner sufficient to verify authenticity and prevent unauthor-
    48  ized alteration.
    49    §  2504. Conflict. In the event of a conflict between this section and
    50  any other provision of this chapter or article three of the state  tech-
    51  nology law, this section shall apply solely with respect to form MV-82.
    52    § 2. This act shall take effect on the one hundred twentieth day after
    53  it shall have become a law.
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