LD 2072
pg. 2
Page 1 of 3 An Act to Clarify the Admissibility of Electronic Records and Signatures Page 3 of 3
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LR 1046
Item 1

 
3.__Electronic records.__A record may not be denied legal
effect, validity or enforceability solely because it is in the
form of an electronic record.__If a rule of law requires a record
to be in writing, or provides consequences if it is not, an
electronic record satisfies that rule of law.

 
4.__Electronic signatures.__A signature may not be denied
legal effect, validity or enforceability solely because it is in
the form of an electronic signature.__If a rule of law requires a
signature, or provides consequences in the absence of a
signature, an electronic signature satisfies that rule of law.

 
5.__Admissibility into evidence.__In any legal proceeding,
nothing in the application of the rules of evidence may apply so
as to deny the admissibility of an electronic record or
electronic signature into evidence on the sole ground that it is
an electronic record or an electronic signature or on the grounds
that it is not in its original form or is not an original.

 
6.__Originals.__If a rule of law requires a record to be
presented or retained in its original form, or provides
consequences for the record not being presented or retained in
its original form, that requirement is met by an electronic
record if it accurately reproduces the original record as it
existed at the time in question.

 
7.__Retention of electronic records.__If a rule of law
requires that a record be retained, that requirement is met by
retaining an electronic record if it accurately reproduces the
original record as it existed at the time in question and for so
long as may be required by law.__Nothing in this section
precludes any federal or state agency from specifying additional
requirements for the retention of records, either written or
electronic, that are subject to the jurisdiction of that agency.

 
8.__Business entities.__A contract between business entities
may not be unenforceable, nor inadmissible in evidence, on the
sole ground that the contract is evidenced by an electronic
record or that it has been signed with an electronic signature.__
For purposes of this subsection, "contract" means a contract for
the sale of goods or services, for the sale or license of digital
information or for the lease of tangible personal property.

 
A.__Nothing in this subsection may be construed to prevent a
party from establishing reasonable requirements with respect
to the method executed or adopted by a party to sign a
contract, absent agreement to the contrary.

 
B.__Nothing in this subsection may be construed to mean that
electronic records and electronic signatures do not satisfy


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