2014 US Code
Title 15 - Commerce and Trade (Sections 1 - 8405)
Chapter 96 - Electronic Signatures in Global and National Commerce (Sections 7001 - 7031)
Subchapter I - Electronic Records and Signatures in Commerce (Sections 7001 - 7006)
Sec. 7002 - Exemption to preemption
| Publication Title | United States Code, 2012 Edition, Supplement 2, Title 15 - COMMERCE AND TRADE |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | 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 |
| Contains | section 7002 |
| Date | 2014 |
| Laws In Effect As Of Date | January 5, 2015 |
| Positive Law | No |
| Disposition | standard |
| Source Credit | Pub. L. 106-229, title I, §102, June 30, 2000, 114 Stat. 467. |
| Statutes at Large Reference | 114 Stat. 467 |
| Public and Private Law | Public Law 106-229 |
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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 participantsSubsection (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 circumventionSubsection (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.)
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