§ 7002. — Exemption to preemption.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC7002]
TITLE 15--COMMERCE AND TRADE
CHAPTER 96--ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE
SUBCHAPTER I--ELECTRONIC RECORDS AND SIGNATURES IN COMMERCE
Sec. 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.
(Pub. L. 106-229, title I, Sec. 102, June 30, 2000, 114 Stat. 467.)
