[§489E-18]  Acceptance and distribution of

electronic records by governmental agencies.  (a)  Except as otherwise

provided in section 489E-12(f), each governmental agency of this 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.

     (b)  To the extent that a governmental agency

uses electronic records and electronic signatures under subsection (a), the

governmental agency, giving due consideration to security, may specify:

     (1)  The manner and format in which the electronic

records shall be created, generated, sent, communicated, received, and stored

and the systems established for those purposes;

     (2)  If electronic records must be signed by

electronic means, the type of electronic signature required, the manner and

format in which the electronic signature shall be affixed to the electronic

record, and the identity of, or criteria that shall be met by, any third party

used by a person filing a document to facilitate the process;

     (3)  Control processes and procedures as appropriate

to ensure adequate preservation, disposition, integrity, security,

confidentiality, and auditability of electronic records; and

     (4)  Any other required attributes for electronic

records which are specified for corresponding nonelectronic records or

reasonably necessary under the circumstances.

     (c)  Except as otherwise provided in section

489E-12(f), this chapter does not require a governmental agency of this State

to use or permit the use of electronic records or electronic signatures. [L

2000, c 282, pt of §1]