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H.B. 18
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VETOES
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BE INCLUDED BY OTHER APPLICABLE LAW, IS ATTACHED TO OR LOGICALLY
ASSOCIATED WITH THE SIGNATURE OR RECORD.
21-111. RETENTION OF ELECTRONIC RECORDS; ORIGINALS.
(A) IF A LAW REQUIRES THAT A RECORD BE RETAINED, THE REQUIREMENT IS
SATISFIED BY RETAINING AN ELECTRONIC RECORD OF THE INFORMATION IN THE
RECORD WHICH:
(1) ACCURATELY REFLECTS THE INFORMATION SET FORTH IN THE
RECORD AFTER AT THE TIME IT WAS FIRST GENERATED IN ITS FINAL FORM AS AN
ELECTRONIC RECORD OR OTHERWISE; AND
(2) REMAINS ACCESSIBLE FOR LATER REFERENCE.
(B) A REQUIREMENT TO RETAIN A RECORD IN ACCORDANCE WITH
SUBSECTION (A) OF THIS SECTION DOES NOT APPLY TO ANY INFORMATION THE SOLE
PURPOSE OF WHICH IS TO ENABLE THE RECORD TO BE SENT, COMMUNICATED, OR
RECEIVED.
(C) A PERSON MAY SATISFY SUBSECTION (A) OF THIS SECTION BY USING THE
SERVICES OF ANOTHER PERSON IF THE REQUIREMENTS OF THAT SUBSECTION ARE
SATISFIED.
(D) IF A LAW REQUIRES A RECORD TO BE PRESENTED OR RETAINED IN ITS
ORIGINAL FORM, OR PROVIDES CONSEQUENCES IF THE RECORD IS NOT PRESENTED
OR RETAINED IN ITS ORIGINAL FORM, THAT LAW IS SATISFIED BY AN ELECTRONIC
RECORD RETAINED IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION.
(E) IF A LAW REQUIRES RETENTION OF A CHECK, THAT REQUIREMENT IS
SATISFIED BY RETENTION OF AN ELECTRONIC RECORD OF THE INFORMATION ON
THE FRONT AND BACK OF THE CHECK IN ACCORDANCE WITH SUBSECTION (A) OF
THIS SECTION.
(F) A RECORD RETAINED AS AN ELECTRONIC RECORD IN ACCORDANCE WITH
SUBSECTION (A) OF THIS SECTION SATISFIES A LAW REQUIRING A PERSON TO
RETAIN A RECORD FOR EVIDENTIARY, AUDIT, OR SIMILAR PURPOSES, UNLESS A LAW
ENACTED AFTER THE EFFECTIVE DATE OF THIS TITLE SPECIFICALLY PROHIBITS
THE USE OF AN ELECTRONIC RECORD FOR THE SPECIFIED PURPOSE.
(G) THIS SECTION DOES NOT PRECLUDE A GOVERNMENTAL AGENCY OF THIS
STATE FROM SPECIFYING ADDITIONAL REQUIREMENTS FOR THE RETENTION OF A
RECORD SUBJECT TO THE AGENCY'S JURISDICTION.
21-112. ADMISSIBILITY IN EVIDENCE.
IN A PROCEEDING, EVIDENCE OF A RECORD OR SIGNATURE MAY NOT BE
EXCLUDED SOLELY BECAUSE IT IS IN ELECTRONIC FORM.
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- 4242 -
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