KRS 369.118: Acceptance and distribution of electronic records by governmental

agencies.

(1) Except as otherwise provided in KRS 369.112(6), each governmental agency of this

state, in compliance with standards established by the Commonwealth Office of

Technology, shall determine whether, and the extent to which, it 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 reco rds and electronic

signatures under subsection (1) of this section:

(a) The Commonwealth Office of Technology, giving due consideration to

security, may specify the manner and format in which the electronic records

must be created, generated, sent, communi cated, received, and stored and the

systems established for those purposes;

(b) If electronic records must be signed by electronic means, each governmental

agency, giving due consideration to security, may specify the type of

electronic signature required, the manner and format in which the electronic

signature must be affixed to the electronic record, and the identity of, or

criteria that must be met by, any third party used by a person filing a document

to facilitate the process;

(c) The Commonwealth Offi ce of Technology and the Department for Libraries

and Archives, giving due consideration to security, may specify control

processes and procedures as appropriate to ensure adequate preservation,

disposition, integrity, security, confidentiality, and audita bility of electronic

records; and

(d) Each governmental agency, giving due consideration to security, may specify

any other required attributes for electronic records which are specified for

corresponding nonelectronic records or reasonably necessary under the

circumstances.

(3) Except as otherwise provided in KRS 369.112(6), KRS 369.101 to 369.120 does

not require a governmental agency of this state to use or permit the use of electronic

records or electronic signatures.