2-20-104. Construction -- exceptions. (1) This part, as applied to transactions with state agencies or local government units, may not be construed to:
     (a) require a party to accept an electronic record, an electronic signature, or an electronic contract or to respond to or act upon an electronic record, an electronic signature, or an electronic contract unless the parties have freely and voluntarily agreed to the use of an electronic record, electronic signature, or electronic contract prior to electronic transmission; or
     (b) preclude the recipient of an electronic record, an electronic signature, or an electronic contract from establishing the conditions under which the recipient will accept the electronic record, electronic signature, or electronic contract.
     (2) This part does not apply:
     (a) when application of this part is clearly inconsistent with the manifest intent of another rule of law. However, a requirement of a rule of law that information must be "in writing", "written", "printed", "signed", or by any other word or phrase specifies written communication for a certain purpose is not by itself sufficient to prohibit the use of an electronic record or electronic signature, as applicable, for that purpose.
     (b) to any rule of law governing the creation or execution of a will, trust, living will, or health care power of attorney;
     (c) to any record that serves as a unique and transferable physical token of rights and obligations, including negotiable instruments and other instruments of title in which possession of the instrument is considered to confer title.

     History: En. Sec. 4, Ch. 365, L. 1999.