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______________________________________________________________________________ <br /> <br />Page 1 of 3 <br /> <br /> <br /> <br /> <br />COMMISSION POLICY <br /> <br />Section: Category: <br />Governance Governance Policies <br />Policy Reference: Policy Title: <br />G.2i Electronic Signature <br /> <br />PURPOSE: <br /> <br />Elk River Municipal Utilities (“ERMU”) continuously works to increase efficiencies and further <br />sustainability measures. ERMU’s efforts include the reduction of printing and paper use, and <br />the increase in paperless forms of communication and approval processes. The purpose of this <br />policy is to establish procedures to allow the use of electronic or digital signatures in place of <br />handwritten (or “wet”) signatures pursuant to Minnesota’s Uniform Electronic Transactions Act <br />(Minn. Stat., Ch. 325L) (“the Act”). <br /> <br />The State of Minnesota authorizes and encourages the use of electronic signatures by <br />governmental agencies, including municipalities commissions, and instrumentalities of <br />municipalities, as an efficient and cost-effective method of operations. Specifically, the State <br />requires government agencies to determine whether and to what extent they will use and accept <br />electronic signatures (Minn. Stat. § 325L.18). As more governmental services and forms are <br />offered online, agencies and municipalities need the ability and authority to review, comment <br />upon, approve, sign, and otherwise process these forms and information in a digital and paperless <br />medium. <br /> <br />The Minnesota Legislature codified this encouragement with the passage of the Act. The Act <br />provides the basis for electronic or digital signatures to be given the same legal recognition, <br />function, and weight as handwritten signatures in all circumstances outlined in the Act. The Act <br />applies to any electronic record or electronic signature created, generated, communicated, <br />received, or stored after August 1, 2000. <br /> <br />Under the Act, “electronic signature” means an electronic sound, symbol, or process attached to <br />or logically associated with a record and executed or adopted by a person with the intent to sign <br />the record. A record or signature may not be denied enforceability solely because it is in an <br />electronic form (Minn. Stat. § 325L.07 (a)). Further, if a law requires a record to be in writing, <br />an electronic record satisfies the law (Minn. Stat. § 325L.07(c)). If a law requires a signature, an <br />electronic signature satisfies the law (Minn. Stat. § 325L.07(d)). <br /> <br />50