Establishes the secure digital mail communications act of 2012.
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.
STATE OF NEW YORK ________________________________________________________________________ 6887 IN SENATE 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.