15 U.S.C. § 7002 — Exemption to preemption
submitted 26 years ago by Pub. L. 106-229 to r/title-15-COMMERCE-AND-TRADE · 301 words · no verdicts yet
This section limits when State law may modify or replace the federal electronic-record rules. It permits specified uniform-law or technology-neutral alternatives and addresses State procurement and circumvention.
(a) In general A State* statute, regulation, or other rule of law can modify, limit, or supersede the provisions of section 7001 of this title for State law only if that statute, regulation, or rule of law—
(1) constitutes an enactment or adoption of the Uniform Electronic* Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999, except that any exception to the scope of that Act enacted by a State under section 3(b)(4) of that Act must be preempted to the extent that exception is inconsistent with this subchapter or subchapter II, or would not be permitted under paragraph (2)(A)(ii) of this subsection; or
(2)
(A) specifies the alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the legal effect, validity, or enforceability of contracts or other records, if—
(i) that alternative procedures or requirements are consistent with this subchapter and subchapter II; and
(ii) that alternative procedures or requirements do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures; and
(B) if enacted or adopted after June 30, 2000 , makes specific reference to this chapter.
(b) Exceptions for actions by States as market participants Subsection (a)(2)(A)(ii) must not apply to the statutes, regulations, or other rules of law governing procurement by any State, or any agency or instrumentality of it.
(c) Prevention of circumvention Subsection
(a) does not permit a State to circumvent this subchapter or subchapter II through the imposition of nonelectronic delivery methods under section 8(b)(2) of the Uniform Electronic Transactions Act.
A State* statute, regulation, or other rule of law may modify, limit, or supersede the provisions of section 7001 of this title with respect to State law only if such statute, regulation, or rule of law—
constitutes an enactment or adoption of the Uniform Electronic* Transactions Act as approved and recommended for enactment in all the States by the National Conference of Commissioners on Uniform State Laws in 1999, except that any exception to the scope of such Act enacted by a State under section 3(b)(4) of such Act shall be preempted to the extent such exception is inconsistent with this subchapter or subchapter II, or would not be permitted under paragraph (2)(A)(ii) of this subsection; or
specifies the alternative procedures or requirements for the use or acceptance (or both) of electronic records or electronic signatures to establish the legal effect, validity, or enforceability of contracts or other records, if—
such alternative procedures or requirements are consistent with this subchapter and subchapter II; and
such alternative procedures or requirements do not require, or accord greater legal status or effect to, the implementation or application of a specific technology or technical specification for performing the functions of creating, storing, generating, receiving, communicating, or authenticating electronic records or electronic signatures; and
if enacted or adopted after June 30, 2000, makes specific reference to this chapter.
Subsection (a)(2)(A)(ii) shall not apply to the statutes, regulations, or other rules of law governing procurement by any State, or any agency or instrumentality thereof.
Subsection (a) does not permit a State to circumvent this subchapter or subchapter II through the imposition of nonelectronic delivery methods under section 8(b)(2) of the Uniform Electronic Transactions Act.
Source credit: (Pub. L. 106–229, title I, § 102, June 30, 2000, 114 Stat. 467.)
- 2000Enacted · Pub. L. 106-229 · 114 Stat. 467
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-229 on 2000-06-30.
all 0 arguments · sorted by: best
no arguments yet — make the first case