Title 10, Title 10

This chapter may be known and cited as the "Uniform Electronic Transactions Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 762, §2 (NEW).] 1. Agreement. "Agreement" means the bargain of the parties in fact, as found in their language or inferred from other circumstances and f…

1. General rule. Except as otherwise provided in subsection 2, this chapter applies to electronic records and electronic signatures relating to a transaction. 2. Exceptions. This chapter does not apply to a transaction to the extent it is governed by: A. A law governing the creat…

This chapter applies to any electronic record or electronic signature created, generated, sent, communicated, received or stored on or after the effective date of this chapter.

1. Electronic means or form not required. This chapter does not require a record or signature to be created, generated, sent, communicated, received, stored or otherwise processed or used by electronic means or in electronic form. 2. Consent. This chapter applies only to transact…

This chapter must be construed and applied: [PL 1999, c. 762, §2 (NEW).] 1. Facilitation. To facilitate electronic transactions consistent with other applicable law; 2. Reasonable practices. To be consistent with reasonable practices concerning electronic transactions and with th…

1. Form. An electronic record or electronic signature may not be denied legal effect or enforceability solely because it is in electronic form. 2. Formation. A contract may not be denied legal effect or enforceability solely because an electronic record was used in its formation.…

1. Writing. If parties have agreed to conduct a transaction by electronic means and a law requires a person to provide, send or deliver information in writing to another person, the requirement is satisfied if the information is provided, sent or delivered, as the case may be, in…

1. Attributable to person. An electronic record or electronic signature is attributable to a person if it was the act of the person. The act of the person may be shown in any manner, including a showing of the efficacy of any security procedure applied to determine the person to …

If a change or error in an electronic record occurs in a transmission between parties to a transaction, the following rules apply. [PL 1999, c. 762, §2 (NEW).] 1. Security procedure used. If the parties have agreed to use a security procedure to detect changes or errors and one p…

If a law requires a signature or record to be notarized, acknowledged, verified or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applic…

1. Requirement. If a law requires that a record be retained, the requirement is satisfied by retaining an electronic record of the information in the record that: A. Accurately reflects the information set forth in the record after it was first generated in its final form as an e…

In a proceeding, evidence of a record or signature may not be excluded solely because it is in electronic form.

In an automated transaction, the following rules apply. [PL 1999, c. 762, §2 (NEW).] 1. Interaction of electronic agents. A contract may be formed by the interaction of electronic agents of the parties, even if no individual was aware of or reviewed the electronic agents' actions…

1. Sending. Unless otherwise agreed between the sender and the recipient, an electronic record is sent when it: A. Is addressed properly or otherwise directed properly to an information processing system that the recipient has designated or uses for the purpose of receiving elect…

1. Definition. In this section, "transferable record" means an electronic record that: A. Would be a note under Title 11, Article 3‑A or a document under Title 11, Article 7‑A if the electronic record were in writing; and [PL 2009, c. 324, Pt. B, §1 (AMD); PL 2009, c. 324, Pt. B,…

Each governmental agency of the State shall determine whether, and the extent to which, it will create and retain electronic records and convert written records to electronic records.

1. Option. Except as otherwise provided in section 9412, subsection 6, each governmental agency of the State 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, gene…

A governmental agency of the State that adopts standards pursuant to section 9418 may encourage and promote consistency and interoperability with similar requirements adopted by other governmental agencies of this State and other states and the Federal Government and nongovernmen…

1. Prohibition of certain fees. Except as authorized by federal law and regulation, a customer of a person may not be penalized by that person for opting out of receiving from the person a billing statement by electronic record rather than in paper form. A person may offer an inc…

This chapter may be known and cited as the "Maine Digital Signature Act."

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1999, c. 762, §2 (NEW).] 1. Digital signature. "Digital signature" means a computer-created electronic signature that: A. Is intended by the person using it to ha…

When a digital signature is used in a transaction involving a state agency, it must conform to rules adopted by the Secretary of State. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A.

A digital signature may be accepted as a substitute for, and, if accepted, has the same force and effect as the use of, a manual signature.

A state agency may allow the electronic filing of information required by that agency. Information filed electronically with a state agency utilizing a digital signature has the same force and effect as if filed as a paper document with a manual signature.

The use or acceptance of a digital signature is at the option of the parties. Nothing in this chapter requires a state agency to use or permit the use of a digital signature.

Except as otherwise specifically provided, nothing in this chapter may be construed to preempt, replace or otherwise negate the requirements of chapter 1051.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 699, §6 (NEW).] 1. Board. "Board" means the Technical Building Codes and Standards Board established in Title 5, section 12004‑G, subsection 5‑A. 1-A. Bu…

1. Establishment. The Technical Building Codes and Standards Board, established in Title 5, section 12004‑G, subsection 5‑A and located within the Maine Office of Community Affairs, is established to adopt, amend and maintain the Maine Uniform Building and Energy Code, to resolve…

1. Appoint committee; establish requirements. The board shall appoint a 5-member training and certification committee, referred to in this section as "the committee," to establish the training and certification requirements for municipal building officials, local code enforcement…

1. Limitations on home rule authority. This chapter provides express limitations on municipal home rule authority. The Maine Uniform Building and Energy Code must be enforced in a municipality that has more than 4,000 residents. The Maine Uniform Building and Energy Code must be …

The codes and standards listed in this section remain in force in their entirety unless the board adopts and publishes a conflict resolution between the fire and safety codes and standards and the Maine Uniform Building and Energy Code. Conflict resolutions adopted pursuant to th…

The Legislature finds that in times of emergency in this State, such as during or after a storm, flood, fire, earthquake, hurricane or other disaster, businesses from other states provide assistance by bringing in resources and personnel to assist the State with the often enormou…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2011, c. 622, §1 (NEW).] 1. Declared state disaster or emergency. "Declared state disaster or emergency" means a disaster or emergency event for which a Governor'…

1. Out-of-state businesses. Notwithstanding any other provision of law to the contrary, during a disaster period an out-of-state business that conducts operations within the State for the purpose of performing work or providing services related to a declared state disaster or eme…

1. Notification by out-of-state businesses during disaster period. An out-of-state business shall provide notification to the Secretary of State as soon as practicable after entry to the State during a disaster period that the out-of-state business is in the State for purposes of…

The Secretary of State, in consultation with the Department of Professional and Financial Regulation, the Department of Economic and Community Development and the Department of Defense, Veterans and Emergency Management, Maine Emergency Management Agency, may adopt routine techni…