Page:United States Statutes at Large Volume 114 Part 1.djvu/504

 114 STAT. 468 PUBLIC LAW 106-229-JUNE 30, 2000 (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 i shall be preempted to the extent such exception is inconsistent with this title or title II, 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 title and title II; 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 the date of the enactment of this Act, makes specific reference to this Act. (b) EXCEPTIONS FOR ACTIONS BY STATES AS MARKET PARTICI- PANTS.— Subsection (a)(2)(A)(ii) 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) does not permit a State to circumvent this title or title II through the imposition of nonelectronic delivery methods under section 8(b)(2) of the Uniform Electronic Transactions Act. 15 USC 7003. SEC, 103. SPECIFIC EXCEPTIONS. (a) EXCEPTED REQUIREMENTS. — The provisions of section 101 shall not apply to a contract or other record to the extent it is governed by— (1) a statute, regulation, or other rule of law governing the creation and execution of wills, codicils, or testamentary trusts; (2) a State statute, regulation, or other rule of law governing adoption, divorce, or other matters of family law; or (3) the Uniform Commercial Code, as in effect in any State, other than sections 1-107 and 1-206 and Articles 2 and 2A. (b) ADDITIONAL EXCEPTIONS. —The provisions of section 101 shall not apply to— (1) court orders or notices, or official court documents (including briefs, pleadings, and other writings) required to be executed in connection with court proceedings; (2) any notice of— (A) the cancellation or termination of utility services (including water, heat, and power); (B) default, acceleration, repossession, foreclosure, or eviction, or the right to cure, under a credit agreement secvu"ed by, or a rental agreement for, a primeiry residence of an individual;

�