Sec. 18.
(1) Except as otherwise provided in section 12(6), the department of technology, management, and budget shall determine whether, and the extent to which, each state department will send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures.
(2) To the extent that a governmental agency uses electronic records and electronic signatures under subsection (1), the department of technology, management, and budget, giving due consideration to security, may specify any or all of the following:
(a) The manner and format in which the electronic records must be created, generated, sent, communicated, received, and stored and the systems established for those purposes.
(b) If an electronic record is required to be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature is to be affixed to the electronic record, and the identity of or criteria that is to be met by any third party used by a person filing a document.
(c) Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records.
(d) Any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
(3) Except as otherwise provided in section 12(6), this act does not require a governmental agency or official of this state to use or permit the use of electronic records or electronic signatures.
(4) This section is subject to section 18a.
History: 2000, Act 305, Imd. Eff. Oct. 16, 2000 ;-- Am. 2020, Act 247, Imd. Eff. Nov. 5, 2020
Structure Michigan Compiled Laws
Act 305 of 2000 - Uniform Electronic Transactions Act (450.831 - 450.849)
Section 450.831 - Short Title.
Section 450.832 - Definitions.
Section 450.833 - Applicability of Act to Electronic Records and Signatures; Exception for 2020.
Section 450.834 - Applicability of Act; Commencement.
Section 450.835 - Scope of Act; Terms.
Section 450.835a - Amending, Reaffirming, or Repealing Restrictive Covenant by Electronic Signature.
Section 450.836 - Construction of Act.
Section 450.837 - Record or Signature in Electronic Form; Legal Effect; Enforcement.
Section 450.839 - Attribution of Electronic Record or Signature.
Section 450.840 - Change or Error in Transmission of Electronic Record.
Section 450.842 - Retention of Record.
Section 450.843 - Evidence of Record or Signature in Criminal or Civil Proceeding.
Section 450.844 - Automated Transaction; Applicable Rules.
Section 450.845 - Electronic Record Considered Sent or Received.
Section 450.846 - Transferable Record.
Section 450.849 - Standards Adopted by Other Governmental Agencies.