§9417.__Creation and retention of electronic records and

conversion of written records by governmental agencies

Each governmental agency of the State shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.

§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.

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;

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;

C.__Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and ability to be audited of electronic records; and

D.__Any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

3.__Not mandatory.__Except as otherwise provided in section 9412, subsection 6, this chapter does not require a governmental