LD 2557
pg. 8
Page 7 of 15 An Act to Implement the Recommendations of the Blue Ribbon Commission to Establ... Page 9 of 15
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LR 3953
Item 1

 
3.__Agents.__A person may satisfy subsection 1 by using the
services of another person if the requirements of that subsection
are satisfied.

 
4.__Originals.__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 1.

 
5.__Checks.__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 1.

 
6.__Evidence; audits.__A record retained as an electronic
record in accordance with subsection 1 satisfies a law requiring
a person to retain a record for evidentiary, audit or like
purposes, unless a law enacted after the effective date of this
chapter specifically prohibits the use of an electronic record
for the specified purpose.

 
7.__Governmental agencies.__This section does not preclude a
governmental agency of the State from specifying additional
requirements for the retention of a record subject to the
agency's jurisdiction.

 
§9413.__Admissibility in evidence

 
In a proceeding, evidence of a record or signature may not be
excluded solely because it is in electronic form.

 
§9414.__Automated transaction

 
In an automated transaction, the following rules apply.

 
1.__Interaction of electronic agents.__A contract may be
formed by the interaction of electronic agents of the parties,
even if no individual was aware of or reviewed the electronic
agents' actions or the resulting terms and agreements.

 
2.__Interaction of electronic agent and individual.__A
contract may be formed by the interaction of an electronic agent
and an individual, acting on the individual's own behalf or for
another person, including an interaction in which the individual
performs actions that the individual is free to refuse to perform
and that the individual knows or has reason to know will cause
the electronic agent to complete the transaction or performance.


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