16-1612.   Retention of electronic records;originals.(a) If a law requires that a record be retained, the requirementis satisfied by retaining an electronic record of the information in the recordwhich:

      (1)   Accurately reflects the information set forth in the record after it wasfirst 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) doesnot apply to any information the sole purpose of which is to enable the recordto be sent, communicated or received.

      (c)   A person may satisfy subsection (a) by using the services of anotherperson if the requirements of that subsection are satisfied.

      (d)   If a law requires a record to be presented or retained in its originalform, or provides consequences if the record is not presented or retained inits original form, that law is satisfied by an electronic record retained inaccordance with subsection (a).

      (e)   If a law requires retention of a check, that requirement is satisfied byretention of an electronic record of the information on the front and back ofthe 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 the effective date of thisact specifically prohibits the use of an electronic record for the specifiedpurpose.

      (g)   This section does not preclude a governmental agency of this state fromspecifying additional requirements for the retention of a record subject to theagency's jurisdiction.

      History:   L. 2000, ch. 120, § 12; July 1.