Sec. 1. 16 MRSA §358 is enacted to read:

§358.__Electronic records and signatures

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Electronic" means electrical, digital, magnetic, optical, eletromagnetic or any other similar technology.

B.__"Electronic record" means a record generated, communicated, received or stored by electronic means.

C.__"Electronic signature" means any identifier or authentication technique attached to or logically associated with an electronic record that is intended by the person using it to have the same force and effect as a manual signature.

D.__"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.

E.__"Rule of law" means a statute, rule, regulation, ordinance, common-law rule, court decision or other law relating to a governmental transaction enacted, established or adopted by the State or any agency, commission, department, court, political subdivision or other authority of the State.

2.__Scope.__The provisions of this section do not apply:

A.__To the extent that their application would involve a construction of a rule of law that is clearly inconsistent with the manifest intent of the lawmaking body or repugnant to the context of the same rule of law, provided that the requirement that information be in writing, written, printed or signed or in any other manner purports to specify or require a particular communications medium is not by itself sufficient to establish such intent; or

B.__To any record that serves as a unique and transferable physical token of rights and obligations including, without limitation, negotiable instruments and other instruments of title in the case of which possession of the instrument is deemed to confer title.