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AN ACT

RELATING TO RECORDS; ENACTING THE ELECTRONIC AUTHENTICATION OF

DOCUMENTS ACT; CREATING A CENTRAL REGISTRY FOR AUTHENTICATING

ELECTRONIC DOCUMENTS; MAKING AN APPROPRIATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. SHORT TITLE.--This act may be cited as the

"Electronic Authentication of Documents Act".

Section 2. PURPOSE.--The purpose of the Electronic

Authentication of Documents Act is to:

A. provide a centralized, public, electronic

registry for authenticating electronic documents by means of a

public and private key system;

B. promote commerce; and

C. facilitate electronic information and document

transactions.

Section 3. DEFINITIONS.--As used in the Electronic

Authentication of Documents Act:

A. "archival listing" means entries in the

register that show public keys that are no longer current;

B. "authenticate" means to ascertain the identity

of the originator, verify the integrity of the electronic data

and establish a link between the data and the originator;

C. "document" means any identifiable collection of

words, letters or graphical knowledge representations,

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regardless of the mode of representation. "Document" includes

correspondence, agreements, invoices, reports, certifications,

maps, drawings and images in both electronic and hard copy

formats;

D. "electronic authentication" means the

electronic signing of a document that establishes a verifiable

link between the originator of a document and the document by

means of a public key and private key system;

E. "key pair" means a private key and its

corresponding public key that can verify an electronic

authentication created by the private key;

F. "office" means the office of electronic

documentation;

G. "originator" means the person who signs a

document electronically;

H. "person" means any individual or entity,

including:

(1) an estate, trust, receiver, cooperative

association, club, corporation, company, firm, partnership,

joint venture or syndicate; and

(2) any federal, state or local governmental

unit or subdivision or any agency, department or

instrumentality thereof;

I. "private key" means the code or alphanumeric

sequence used to encode an electronic authentication that is

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known only to its owner and that is the part of a key pair

used to create an electronic authentication;

J. "public key" means the code or alphanumeric

sequence used to decode an electronic authentication that is

the part of a key pair used to verify an electronic

authentication;

K. "public and private key system" means the

hardware, software and firmware provided by a vendor for the

following purposes:

(1) to generate public and private key

pairs;

(2) to produce a record abstraction by

means of a secure hash code;

(3) to encode a signature block and a

record abstraction or an entire document;

(4) to decode a signature block and a

record abstraction or an entire document; and

(5) to verify the integrity of a document;

L. "record abstraction" means a condensed

representation of a document that is prepared by using a

secure hash code;

M. "register" means a database or other electronic

structure that binds a person’s name or other identity to a

public key;

N. "revocation" means the act of notifying the

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secretary that a public key has ceased or will cease to be

effective after a specified time and date;

O. "secretary" means the secretary of state;

P. "secure hash code" means a mathematical

algorithm that, when applied to an electronic version of a

document, creates a condensed version of the document that

makes it computationally impossible to identify or re-create

the document without essential knowledge of that document; and

Q. "sign" or “signing” means the execution or

adoption of any symbol by a person with the intention to

establish the authenticity of a document as his own.

Section 4. OFFICE OF ELECTRONIC DOCUMENTATION--POWERS

AND DUTIES.--The "office of electronic documentation" is

established under the secretary of state. The office shall

maintain a register of public keys for electronic

authentications made in accordance with standards adopted

pursuant to the provisions of Section 14-3-15.2 NMSA 1978.

The office shall register public keys for public officials,

persons who wish to transact business with the state and any

other person when registration will promote the purposes of

the Electronic Authentication of Documents Act. The register

shall include both current listings and archival listings.

Section 5. REGULATIONS.--

A. The secretary shall adopt regulations to

accomplish the purposes of the Electronic Authentication of

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Documents Act.

B. The regulations shall address the following

matters:

(1) registration of public keys;

(2) revocation of public keys; and

(3) reasonable public access to the public

keys maintained by the office.

C. The regulations may address the following

matters:

(1) circumstances under which the office may

reject an application for registration of a public key;

(2) circumstances under which the office may

cancel the listing of a public key; and

(3) circumstances under which the office may

reject an attempt to revoke registration of a public key.

Section 6. CONTRACTING SERVICES.--The secretary may

contract with a private, public or quasi-public organization

for the provision of services under the Electronic

Authentication of Documents Act. A contract for services

shall comply with regulations adopted pursuant to the

Electronic Authentication of Documents Act and the provisions

of the Public Records Act and the Procurement Code.

Section 7. APPROPRIATION.--Seventy-two thousand dollars

($72,000) is appropriated from the general fund to the

secretary of state for expenditure in fiscal year 1997 for the

purpose of carrying out the purposes of the Electronic

Authentication of Documents Act. Any unexpended or

unencumbered balance remaining at the end of fiscal year 1997

shall revert to the general fund.

Section 8. EFFECTIVE DATE.--The effective date of the

provisions of this act is July 1, 1996. HB 516

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