senate Bill S6887

2011-2012 Legislative Session

Establishes the secure digital mail communications act of 2012

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 30, 2012 advanced to third reading
May 23, 2012 2nd report cal.
May 22, 2012 1st report cal.879
Apr 04, 2012 referred to energy and telecommunications

Votes

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May 22, 2012 - Energy and Telecommunications committee Vote

S6887
9
0
committee
9
Aye
0
Nay
3
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Energy and Telecommunications Committee Vote: May 22, 2012

aye wr (3)

Co-Sponsors

S6887 - Bill Details

See Assembly Version of this Bill:
A10330
Current Committee:
Senate Rules
Law Section:
State Technology Law
Laws Affected:
Add Art 5 ยงยง501 - 504, St Tech L

S6887 - Bill Texts

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Establishes the secure digital mail communications act of 2012.

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BILL NUMBER:S6887

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

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

SUMMARY OF PROVISIONS:
Section 1 of the bill creates the "secure
digital mail communications act of 2012."

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 different 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
communications 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 platforms 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.

LEGISLATIVE HISTORY:
New bill.

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.

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

                                  6887

                            I N  S E N A T E

                              April 4, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Energy and Telecommu-
  nications

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 2012".
  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-
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15267-01-2

S. 6887                             2

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
IDENTIFY 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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