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§9418. Acceptance and distribution of electronic records by governmental agencies


Published: 2015

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§9418. Acceptance and distribution of electronic records by governmental agencies








1. Option. 
Except as otherwise provided in section 9412, subsection 6, each governmental agency
of the State shall determine whether, and the extent to which, it will send and accept
electronic records and electronic signatures to and from other persons and otherwise
create, generate, communicate, store, process, use and rely upon electronic records
and electronic signatures.


[
1999, c. 762, §2 (NEW)
.]








2. Specifics. 
To the extent that a governmental agency uses electronic records and electronic
signatures under subsection 1, the governmental agency, giving due consideration to
security, may specify:





A. The manner and format in which the electronic records must be created, generated,
sent, communicated, received and stored and the systems established for those purposes; [1999, c. 762, §2 (NEW).]










B. If electronic records must be signed by electronic means, the type of electronic
signature required, the manner and format in which the electronic signature must be
affixed to the electronic record and the identity of, or criteria that must be met
by, any 3rd party used by a person filing a document to facilitate the process; [1999, c. 762, §2 (NEW).]










C. Control processes and procedures as appropriate to ensure adequate preservation,
disposition, integrity, security, confidentiality and ability to be audited of electronic
records; and [1999, c. 762, §2 (NEW).]










D. Any other required attributes for electronic records that are specified for corresponding
nonelectronic records or reasonably necessary under the circumstances. [1999, c. 762, §2 (NEW).]







[
1999, c. 762, §2 (NEW)
.]








3. Not mandatory. 
Except as otherwise provided in section 9412, subsection 6, this chapter does not
require a governmental agency of the State to use or permit the use of electronic
records or electronic signatures.


[
1999, c. 762, §2 (NEW)
.]





SECTION HISTORY

1999, c. 762, §2 (NEW).