UETA - or at least KY's version - doesn't REQUIRE
agencies to accept electronic anything.  It simply
states, that if both parties to the transaction agree
(how they come to that agreement is up to
interpretation) then the transaction CAN be conducted
electronically.  And if it is conducted electronically
then it carries the same legal weight as paper.  Ditto
for elec. signatures.

It doesn't say they have to, just that they can.  The
law also says that it doesn't supersede other laws
that require written signatures, or paper documents.

In our last legislative session, there was a bill
(that didn't pass) that would have allowed (still not
required) county clerks to accept for recording
electronic documents, and electronic signatures.  Also
would HAVE required the state archives (us) to write
the administrative regulation that would govern that
process.

Mark J. Myers
Electronic Records Specialist
Public Records Division
Kentucky Dept. for Libraries & Archives
300 Coffee Tree Road, P.O. Box 537
Frankfort KY 40602-0537
Phone:  502.564.8300 ext. 244
Email:  [log in to unmask]


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