(a) No person, other than a state agency, board, or commission, shall act as a registered certification authority in this state until such person:
(1) Registers with the Secretary on forms approved and provided by the Secretary;
(2) Files with the Secretary a good and sufficient surety bond, certificate of insurance, or other evidence of financial security in the amount of Two Hundred Fifty Thousand Dollars ($250,000.00); and
(3) Meets the requirements of any rules promulgated by the Secretary.
(b) District and appellate court filings shall not be subject to the rules and regulations promulgated by the Secretary of State, but shall require the use of a registered certification authority or electronic signature pursuant to rules adopted by the Supreme Court.
(c) If a registered certification authority fails to maintain any of the qualifications listed in subsection (a) of this section, the registration of the certification authority shall be deemed lapsed.
(d) Any person who knowingly acts as a registered certification authority who has not met the requirements set forth in subsection (a) of this section shall, upon conviction, be guilty of a misdemeanor and shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or up to thirty (30) days in a county jail, or both, for each violation. Each violation shall be a separate offense under this section.
(e) Notwithstanding any contractual provisions to the contrary, a certification authority shall be liable for damages suffered by any person injured as a result of the fraudulent or unauthorized acts of the certification authority.
(f) In addition to any civil or criminal actions, the Secretary or the Attorney General may apply to the district court in the county in which a violation of this section has allegedly occurred for an order enjoining or restraining the person from continuing the acts specified in the complaint. The court may grant a temporary or permanent injunction or restraining order, with or without bond, as it deems just and proper.
(g) The Secretary is authorized to adopt rules to implement the provisions of this section, and related provisions.
(h) The Secretary shall have the authority to establish reciprocity with other states and nations for purposes of this section, and related provisions.
Added by Laws 2001, c. 282, § 2, eff. July 1, 2001. Amended by Laws 2011, c. 57, § 1, eff. July 1, 2011; Laws 2012, c. 278, § 3, eff. Nov. 1, 2012.
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