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2000 State Legislative Report - Maine

Contact: Joseph J. Attura
State Manager/State Counsel
First American Title Insurance Company
207-774-6884

I CIVIL ACTIONS
II ENVIRONMENTAL ISSUES
III. ESCROWS
IV. INSURANCE / BUSINESS ISSUES
L.D. 2557, Uniform Electronic Transactions Act. 10 MRSA Pt. 13 s. 9401 et seq.
This law requires state departments and agencies to implement procedures for accepting payment by major credit cards or other electronic means. It enacts the Uniform Electronic Transactions Act, enabling businesses and residents of the state to conduct business and transaction electronically by affording such transactions the same legal status as traditional paper transactions. It also enacts the Maine Digital Signature Act. Documents and signatures transferred by certain electronic means now have the same effect as paper documents with "in-person" signatures.

L.D. 2072, An Act to Clarify the Admissibility of Electronic Records and Signatures. 16 MRSA s. 358. This bill provides for the validity and admissibility into evidence in a legal proceeding of electronic records and also allows for an electronic signature to have the same legal force and effect as a manual signature.

NOTE: Amendments to 18-A MRSA s. 5-802(b) and 33 MRSA s. 331
These statutory changes specifically require in-person signatures (non-electronic or non-digital) on any durable power of attorney, health care power of attorney and any mortgage deed or document affecting title to real property. (It is interesting to note these amendments appear to contradict The Electronic Records and Signatures in Commerce Act subsequently passed by Congress).

V. STATUTORY LIENS
VI. TAXES
VII. PUBLIC ENTITIES
VIII. REAL PROPERTY INTERESTS
IX. DEEDS AND SECURITY INTERESTS
X. RECORDING