[§489E-12]  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 that:



(1)  Accurately reflects the information set forth in
the record after 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) shall 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) 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).



(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).



(f)  A record retained as an electronic record
in accordance with subsection (a) satisfies a law requiring a person to retain
a record for evidentiary, audit, or like purposes, unless a law enacted after
June 28, 2000 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. [L 2000, c 282,
pt of §1]



 



Revision Note



 



  "June 28, 2000" substituted for "the effective
date of this chapter".