Maine Revised Statutes Title 10 Sec. 9412 – Retention of electronic records; originals
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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 electronic record or otherwise; and [PL 1999, c. 762, §2 (NEW).]
B. Remains accessible for later reference. [PL 1999, c. 762, §2 (NEW).]
[PL 1999, c. 762, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 10 Sec. 9412
- 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
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- Information: means data, text, images, sounds, codes, computer programs, software, databases or the like. See Maine Revised Statutes Title 10 Sec. 9402
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. 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. Transmission information. A requirement to retain a record in accordance with subsection 1 does not apply to any information whose sole purpose is to enable the record to be sent, communicated or received.
[PL 1999, c. 762, §2 (NEW).]
3. Agents. A person may satisfy subsection 1 by using the services of another person if the requirements of that subsection are satisfied.
[PL 1999, c. 762, §2 (NEW).]
4. Originals. If a law requires a record to be presented or retained in its original form or provides consequences if the record is not presented or retained in its original form, that law is satisfied by an electronic record retained in accordance with subsection 1.
[PL 1999, c. 762, §2 (NEW).]
5. Checks. If a law requires retention of a check, that requirement is satisfied by retention of an electronic record of the information on the front and back of the check in accordance with subsection 1.
[PL 1999, c. 762, §2 (NEW).]
6. Evidence; audits. A record retained as an electronic record in accordance with subsection 1 satisfies a law requiring a person to retain a record for evidentiary, audit or like purposes, unless a law enacted after the effective date of this chapter specifically prohibits the use of an electronic record for the specified purpose.
[PL 1999, c. 762, §2 (NEW).]
7. Governmental agencies. This section does not preclude a governmental agency of the State from specifying additional requirements for the retention of a record subject to the agency’s jurisdiction.
[PL 1999, c. 762, §2 (NEW).]
SECTION HISTORY
PL 1999, c. 762, §2 (NEW).