senate Bill S4843A

Establishes the secure digital mail communications act of 2014

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 26 / Apr / 2013
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 04 / Jun / 2013
    • 1ST REPORT CAL.1080
  • 05 / Jun / 2013
    • 2ND REPORT CAL.
  • 10 / Jun / 2013
    • ADVANCED TO THIRD READING
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO GOVERNMENTAL OPERATIONS
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO ENERGY AND TELECOMMUNICATIONS
  • 24 / Jan / 2014
    • PRINT NUMBER 4843A
  • 13 / May / 2014
    • 1ST REPORT CAL.769
  • 14 / May / 2014
    • 2ND REPORT CAL.
  • 19 / May / 2014
    • ADVANCED TO THIRD READING
  • 29 / May / 2014
    • PASSED SENATE
  • 29 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2014
    • REFERRED TO GOVERNMENTAL OPERATIONS

Summary

Establishes the secure digital mail communications act of 2014.

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Bill Details

See Assembly Version of this Bill:
A6114A
Versions:
S4843
S4843A
Legislative Cycle:
2013-2014
Current Committee:
Law Section:
State Technology Law
Laws Affected:
Add Art 5 ยงยง501 - 504, St Tech L
Versions Introduced in 2011-2012 Legislative Cycle:
S6887, A10330

Sponsor Memo

BILL NUMBER:S4843A

TITLE OF BILL: An act to amend the state technology law, in relation to
digital mail communications

PURPOSE OR GENERAL IDEA OF BILL:

This bill would encourage the use of digital mail communications between
state agencies and New York State residents.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill creates the "secure digital mail communications
act of 2014."

Section 2 adds a new article 5, It defines digital mail delivery
service. This bill allows any government agency or official that is
required to communicate with persons in writing or by mail to use an
alternative form of digital mail to satisfy that required communication;
allows residents to opt-into receiving digital. mail; requires such
service to satisfy all existing privacy and security requirement for
communications; requires verification of delivery and audit capability
when proof of mailing or delivery is required; and requires two differ-
ent sources or verification to ensure the identity of the subscriber and
current physical address of the subscriber.

Section 3 provides for an effective date. This bill will take effect on
the 120th day after it shall have become law. Effective immediately, the
addition, amendment and/or repeal of any rules or regulations necessary
for the implementation of this bill is authorized to be made on or
before the effective date.

JUSTIFICATION:

Today, New Yorkers are decidedly operating in a multi-channel world. New
digital devices are adding more speed and more flexibility to communi-
cations and offering consumers more choice in how they communicate with
each other, business and government. More traditional communications
channels such as mail continue to play a vital role in how consumers
conduct their business and will for some time.

New York State is currently in the process of "reinventing" government
in an effort to achieve efficiencies in operations, generate cost
savings and process improvements. New York State agencies communicate
with residents in millions of different transactions over multiple plat-
forms each day.

Many New York State statutes continue to require state agencies to
communicate with New York residents by U.S. mail or other mechanisms.
These agencies don't have the necessary flexibility they need to meet
the changing communication needs of the state's populations. New York
individuals and business owners, like those across the country, are

quickly moving to utilize multiple channels to manage their lives and
businesses-phone, text, mail and secure digital mail delivery. This
bill would move New York toward a more multi-channel approach with
respect to how it communicates with its residents saving. state tax
dollars by reducing the cost of printing, supplies and postage.

PRIOR LEGISLATIVE HISTORY:

2011-12: A.10330 Gov Ops
04/26/13 REFERRED TO ENERGY AND TELECOMMUNICATIONS
06/18/13 PASSED SENATE
01/08/14 REFERRED TO ENERGY AND TELECOMMUNICATIONS

FISCAL IMPLICATIONS:

Minimal savings due to postage costs.

EFFECTIVE DATE:

This act shall take effect on the 120th day after it shall have become
law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4843--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 26, 2013
                               ___________

Introduced  by Sens. LATIMER, CARLUCCI, GOLDEN -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Energy
  and  Telecommunications  -- recommitted to the Committee on Energy and
  Telecommunications in accordance with Senate Rule 6, sec. 8 -- commit-
  tee discharged, bill amended, ordered reprinted as amended and  recom-
  mitted to said committee

AN  ACT  to  amend the state technology law, in relation to digital mail
  communications

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "secure digital mail communications act of 2014".
  S 2. The state technology law is amended by adding a new article 5  to
read as follows:
                                 ARTICLE V
                   SECURE DIGITAL MAIL COMMUNICATIONS
SECTION 501. DEFINITION.
        502. COMPLIANCE WITH STATUTORILY MANDATED COMMUNICATIONS.
        503. REQUIREMENTS FOR DIGITAL MAIL DELIVERY SERVICE.
        504. RULES AND REGULATIONS.
  S  501.  DEFINITION.  AS  USED  IN THIS ARTICLE "DIGITAL MAIL DELIVERY
SERVICE" MEANS  A  SERVICE  THAT  (A)  EMPLOYS  SECURITY  PROCEDURES  TO
PROVIDE,  SEND,  DELIVER  OR OTHERWISE COMMUNICATE ELECTRONIC RECORDS TO
THEIR INTENDED RECIPIENTS BY MEANS THAT  UTILIZE  (I)  SECURITY  METHODS
SUCH  AS  PASSWORDS,  ENCRYPTION AND MATCHING AN ELECTRONIC ADDRESS TO A
PERSON'S PHYSICAL U.S. POSTAL ADDRESS, OR (II)  OTHER  SECURITY  METHODS
THAT  ARE  CONSISTENT WITH APPLICABLE LAW OR INDUSTRY STANDARDS; AND (B)
OPERATES SUBJECT TO OTHERWISE APPLICABLE REQUIREMENTS OF THE  ELECTRONIC
SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT OR THE UNIFORM ELECTRONIC
TRANSACTIONS ACT ALLOWING INFORMATION TO BE PROVIDED, SENT, DELIVERED OR
OTHERWISE  COMMUNICATED BY OR FROM A GOVERNMENT AGENCY, GOVERNMENT OFFI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09720-02-4

S. 4843--A                          2

CIAL OR ANY PERSON ACTING WITH OFFICIAL GOVERNMENT AUTHORITY TO A PERSON
IN THE FORM OF AN ELECTRONIC RECORD.
  S  502.  COMPLIANCE  WITH STATUTORILY MANDATED COMMUNICATIONS. ANY LAW
REQUIRING A GOVERNMENT AGENCY, GOVERNMENT OFFICIAL OR ANY PERSON  ACTING
WITH  OFFICIAL GOVERNMENT AUTHORITY TO COMMUNICATE WITH PERSONS IN WRIT-
ING OR BY MAIL OR THE LIKE MAY BE SATISFIED BY USE OF A  SECURE  DIGITAL
MAIL DELIVERY SERVICE.
  S  503.  REQUIREMENTS  FOR  DIGITAL  MAIL  DELIVERY  SERVICE.  FOR THE
PURPOSES OF THIS ARTICLE, A DIGITAL MAIL DELIVERY SERVICE SHALL:
  (A) ALLOW RECIPIENTS OF COMMUNICATIONS TO OPT-INTO  RECEIVING  DIGITAL
MAIL DELIVERY FROM EACH ENTITY FROM A LIST OF PUBLIC OR COMMERCIAL ENTI-
TIES, INCLUDING BUSINESSES AND PUBLIC OR GOVERNMENT AGENCIES;
  (B)  SATISFY  ALL  EXISTING  PRIVACY AND SECURITY REQUIREMENTS FOR THE
COMMUNICATION THAT IS BEING SENT;
  (C) PROVIDE THE SENDER WITH A DELIVERY LOG AND AUDIT  CAPABILITY  WHEN
PROOF OF MAILING OR PROOF OF DELIVERY IS REQUIRED; AND
  (D)  USE  AT LEAST TWO DIFFERENT SOURCES OF VERIFICATION TO ENSURE THE
IDENTITY OF THE SUBSCRIBER AND  THE  CURRENT  PHYSICAL  ADDRESS  OF  THE
SUBSCRIBER.
  S  504. RULES AND REGULATIONS. THE DIRECTOR SHALL PROMULGATE RULES AND
REGULATIONS NECESSARY TO EFFECTUATE THE PURPOSES OF THIS ARTICLE.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Effective immediately, the addition,  amend-
ment  and/or repeal of any rules or regulations necessary for the imple-
mentation of this act on its effective date are authorized to be made on
or before such date.

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