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U.S. Code as of:
01/19/04
Section 7002. Exemption to preemption
(a) In general
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 -
(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 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
of this chapter, 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) such alternative procedures or requirements are
consistent with this subchapter and subchapter II of this
chapter; and
(ii) 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
(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) of this section shall not apply to the
statutes, regulations, or other rules of law governing procurement
by any State, or any agency or instrumentality thereof.
(c) Prevention of circumvention
Subsection (a) of this section does not permit a State to
circumvent this subchapter or subchapter II of this chapter through
the imposition of nonelectronic delivery methods under section
8(b)(2) of the Uniform Electronic Transactions Act.
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