SUMMARY--Makes various changes concerning electronic communications. (BDR 14-173)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to electronic communication; authorizing a court clerk to accept criminal complaints and informations that are filed electronically; requiring such documents to contain an electronic image of the signature of the attorney general or district attorney; authorizing a public agency to use and accept electronic symbols as a substitute or supplement to a handwritten or facsimile signature under certain circumstances; requiring the secretary of state to adopt regulations concerning the use of such electronic symbols; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 171 of NRS is hereby amended by adding thereto a new section to read as follows:
A court clerk may accept a complaint filed pursuant to this chapter which is filed electronically. Such a complaint must contain an image of the signature of the attorney general or the district attorney.
Sec. 2. Chapter 173 of NRS is hereby amended by adding thereto a new section to read as follows:
A court clerk may accept an information which is filed electronically. Such an information must contain an image of the signature of the attorney general or the district attorney.
Sec. 3. Chapter 239 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 7, inclusive, of this act.
Sec. 4. As used in sections 4 to 7, inclusive, of this act, "public agency" means any agency, bureau, board, commission, department or division of the State of Nevada or any political subdivision thereof.
Sec. 5. 1. Except as otherwise provided by specific statute, a public agency may:
(a) Provide that any document submitted to the public agency may be submitted electronically and may be signed with an electronic symbol; and
(b) If the recipient of a document so authorizes, use an electronic symbol as the signature of a public officer or employee of the agency on any document for which a signature is required.
2. An electronic symbol may be accepted pursuant to subsection 1 only if it is:
(a) Unique to the person for whom it is used as a signature;
(b) Capable of verification; and
(c) Linked to data in such a manner that the signature is invalidated if the data is altered.
Sec. 6. The secretary of state shall provide by regulation for the use of electronic symbols to substitute or supplement the handwritten or facsimile signature of a person as provided in section 5 of this act. Such regulations must include, without limitation:
1. The manner in which a public agency may accept an electronic symbol as a substitute or supplement to a handwritten or facsimile signature; and
2. The manner in which an electronic symbol must be verified.
Sec. 7. 1. The secretary of state may license a business to verify an electronic symbol that is used as a substitute or supplement to a handwritten or facsimile signature.
2. The secretary of state may charge a reasonable fee for such licensure.
3. The secretary of state may adopt regulations to carry out the provisions of this section.
Sec. 8. The secretary of state shall:
1. Adopt regulations pursuant to section 6 of this act not later than July 1, 1998; and
2. Consult with the department of information services, the state controller and the American Bar Association before adopting any such regulations.