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H.B. 18
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VETOES
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SATISFIED IF THE INFORMATION IS PROVIDED, SENT, OR DELIVERED IN AN
ELECTRONIC RECORD CAPABLE OF RETENTION BY THE RECIPIENT AT THE TIME OF
RECEIPT.
(2) AN ELECTRONIC RECORD IS NOT CAPABLE OF RETENTION BY THE
RECIPIENT IF THE SENDER OR ITS INFORMATION PROCESSING SYSTEM INHIBITS
THE ABILITY OF THE RECIPIENT TO PRINT OR STORE THE ELECTRONIC RECORD.
(B) IF A LAW OTHER THAN THIS TITLE REQUIRES A RECORD TO BE POSTED OR
DISPLAYED IN A CERTAIN MANNER, TO BE SENT, COMMUNICATED, OR TRANSMITTED
BY A SPECIFIED METHOD, OR TO CONTAIN INFORMATION THAT IS FORMATTED IN A
CERTAIN MANNER, THE FOLLOWING RULES APPLY:
(1) THE RECORD MUST BE POSTED OR DISPLAYED IN THE MANNER
SPECIFIED IN THE OTHER LAW;
(2) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (D)(2) OF THIS
SECTION, THE RECORD MUST BE SENT, COMMUNICATED, OR TRANSMITTED BY THE
METHOD SPECIFIED IN THE OTHER LAW; AND
(3) THE RECORD MUST CONTAIN THE INFORMATION FORMATTED IN
THE MANNER SPECIFIED IN THE OTHER LAW.
(C) IF A SENDER INHIBITS THE ABILITY OF A RECIPIENT TO STORE OR PRINT
AN ELECTRONIC RECORD, THE ELECTRONIC RECORD IS NOT ENFORCEABLE AGAINST
THE RECIPIENT.
(D) THE REQUIREMENTS OF THIS SECTION MAY NOT BE VARIED BY
AGREEMENT, BUT:
(1) TO THE EXTENT A LAW OTHER THAN THIS TITLE REQUIRES
INFORMATION TO BE PROVIDED, SENT, OR DELIVERED IN WRITING BUT PERMITS
THAT REQUIREMENT TO BE VARIED BY AGREEMENT, THE REQUIREMENT UNDER
SUBSECTION (A) OF THIS SECTION THAT THE INFORMATION BE IN THE FORM OF AN
ELECTRONIC RECORD CAPABLE OF RETENTION MAY ALSO BE VARIED BY
AGREEMENT; AND
(2) A REQUIREMENT UNDER A LAW OTHER THAN THIS TITLE TO SEND,
COMMUNICATE, OR TRANSMIT A RECORD BY REGISTERED OR CERTIFIED MAIL,
POSTAGE PREPAID, OR BY REGULAR MAIL, MAY BE VARIED BY AGREEMENT TO THE
EXTENT PERMITTED BY THE OTHER LAW.
21-108. ATTRIBUTION AND EFFECT OF ELECTRONIC RECORD AND ELECTRONIC
SIGNATURE.
(A) (1) AN ELECTRONIC RECORD OR ELECTRONIC SIGNATURE IS
ATTRIBUTABLE TO A PERSON IF IT WAS THE ACT OF THE PERSON.
(2) THE ACT OF THE PERSON MAY BE SHOWN IN ANY MANNER,
INCLUDING A SHOWING OF THE EFFICACY OF ANY SECURITY PROCEDURE APPLIED
TO DETERMINE THE PERSON TO WHICH THE ELECTRONIC RECORD OR ELECTRONIC
SIGNATURE WAS ATTRIBUTABLE.
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- 4240 -
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