Section 305. Use of electronic records  


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  • 1. In accordance with rules and
      regulations  promulgated  by  the  electronic  facilitator,   government
      entities  are  authorized  and  empowered  to  produce, receive, accept,
      acquire, record, file, transmit, forward, and store information  by  use
      of  electronic  means.  If  any  such  government entity uses electronic
      records, it must also ensure that anyone who uses the services  of  such
      government  entity may obtain access to records as permitted by statute,
      and receive copies of such records in paper form in accordance with fees
      prescribed by statute. No person shall be required to submit or file any
      record electronically to  any  government  entity  except  as  otherwise
      provided  by  law.  Government  entities  that obtain, store, or utilize
      electronic records shall not refuse to accept hard copy,  non-electronic
      forms,  reports,  and  other  paper  documents  for submission or filing
      except as otherwise provided by law.
        2. A government entity shall have  the  authority  to  dispose  of  or
      destroy  a  record in accordance with the arts and cultural affairs law,
      regardless of format or media.
        3. An electronic record shall have the same force and effect as  those
      records not produced by electronic means.
        4.   The  director  shall  study  how  electronic  documents  and  the
      mechanisms and processes for obtaining access to and reading  electronic
      data  can  be created, maintained, exchanged, and preserved by the state
      in a manner that  encourages  appropriate  government  control,  access,
      choice,   interoperability,  and  vendor  neutrality.  The  study  shall
      consider, but not be limited  to,  the  policies  of  other  states  and
      nations,  management  guidelines  for  state archives as they pertain to
      electronic documents, public access, expected storage life of electronic
      documents, costs of implementation,  and  savings.  The  director  shall
      solicit  comments  regarding  the  creation,  maintenance, exchange, and
      preservation of electronic documents by  the  state  from  stakeholders,
      including  but  not limited to, the office of the state comptroller, the
      office of the attorney  general,  the  state  archives,  and  the  state
      historian.  The director shall also solicit comments from members of the
      public. The director shall report findings and  recommendations  to  the
      governor,  the  speaker  of the assembly, and the temporary president of
      the senate on or before January fifteenth, two thousand eight.