SCS/SBs 708 & 794 - This act combines all of the provisions of SB 708 and SB 794, relating to electronic records.

Sections 1 through 27, the Missouri Digital Signatures Act, contains comprehensive provisions regarding the establishment of a digital signature system within the state to minimize the incidence of forged digital signatures, enable reliable authentication of computer based information, and foster the verification of digital signatures on computer based documents.

These sections address the following topics: (1) the authority of the Commissions Division of the Secretary of State's office; (2) licensing qualifications of certificating authorities; (3) performance audits and investigations of business practices, executed by the Division; (4) issuance of certificates; (5) obligations of subscribers and certificating authorities; (6) suspension and revocation of certificates; (7) digital signature requirements; (8) reliance limits, liability and bonding requirements of certificating authorities; and (9) recognition of repositories by the Division and liability of repositories.

Sections 28 and 29 allow the Secretary of State to prescribe an electronic format for state records, excluding those related to duties concerning elections. Nothing submitted in electronic format needs to be in duplicate. Any signature requirement shall be satisfied by an electronically transmitted signature if it meets certain requirements. Requirements that a document be notarized shall be satisfied by a properly authenticated digital signature. The Secretary of State is also allowed to accept credit or debit cards and establish a new revenue collection center for prepaid, non-interest bearing, refundable accounts for the payment of required taxes and fees.
DENISE GARNIER