Maine Revised Statutes Title 10 Sec. 9418 – Acceptance and distribution of electronic records by governmental agencies
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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, generate, communicate, store, process, use and rely upon electronic records and electronic signatures.
[PL 1999, c. 762, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 9418
- Electronic: means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic record: means a record created, generated, sent, communicated, received or stored by electronic means. See Maine Revised Statutes Title 10 Sec. 9402
- Electronic signature: means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. See Maine Revised Statutes Title 10 Sec. 9402
- Governmental agency: means an executive, legislative or judicial agency, department, board, commission, authority, institution or instrumentality of the Federal Government or of a state or of a county, municipality or other political subdivision of a state. See Maine Revised Statutes Title 10 Sec. 9402
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, governmental agency, public corporation or any other legal or commercial entity. See Maine Revised Statutes Title 10 Sec. 9402
- State: includes an Indian tribe or band or Alaskan native village that is recognized by federal law or formally acknowledged by a state. See Maine Revised Statutes Title 10 Sec. 9402
2. Specifics. To the extent that a governmental agency uses electronic records and electronic signatures under subsection 1, the governmental agency, giving due consideration to security, may specify:
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; [PL 1999, c. 762, §2 (NEW).]
B. If electronic records must be signed by electronic means, 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 3rd party used by a person filing a document to facilitate the process; [PL 1999, c. 762, §2 (NEW).]
C. Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and ability to be audited of electronic records; and [PL 1999, c. 762, §2 (NEW).]
D. Any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances. [PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
3. Not mandatory. Except as otherwise provided in section 9412, subsection 6, this chapter does not require a governmental agency of the State to use or permit the use of electronic records or electronic signatures.
[PL 1999, c. 762, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 762, §2 (NEW).