15-U.S.C.-7002
§7002 – Exemption to Preemption
Pathway
Title 15 > Chapter 96 > Subchapter I > Section 7002
Details
- Reference: Section 7002
- Legend: §7002 – Exemption to Preemption
- USCode Year: 2013
Provision Content
(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, §102, June 30, 2000, 114 Stat. 467.)
U.S. Encyclopedia of Law Coverage
15-U.S.C.-6901 in the Legal Encyclopedia: Trade Law
In this entry about 15-U.S.C.-6901, find legal reference material, bibliographies and premiere content related to trade law in the American Encyclopedia of Law, presenting a comprehensive view of the United States trade law-specific issues, written by authorities in the field.
10-U.S.C.-1552 in the Legal Encyclopedia: Records
In this entry about 10-U.S.C.-1552, find legal reference material, bibliographies and premiere content related to records in the American Encyclopedia of Law, presenting a comprehensive view of the United States records-specific issues, written by authorities in the field.
Leave a Reply