A. Except as otherwise provided in Subsection B of this section, the Uniform Electronic Transactions Act applies to electronic records and electronic signatures relating to a transaction.
B. The Uniform Electronic Transactions Act does not apply to:
(1) a transaction to the extent it is governed by:
(a) a law governing the creation and execution of wills, codicils or testamentary trusts;
(b) the Uniform Commercial Code [Chapter 55 NMSA 1978], other than Chapter 55, Articles 2 and 2A NMSA 1978; or
(c) court orders, notices or official court documents, including briefs, pleadings and other records, required to be executed in connection with court proceedings;
(2) a notice concerning:
(a) the cancellation or termination of utility services, including water, gas, heat or power services;
(b) default, acceleration, repossession, foreclosure, eviction or the right to cure, under a credit agreement secured by or a rental agreement for a primary residence of an individual; or
(c) the cancellation or termination of health insurance or benefits or life insurance or benefits, but not including annuities; or
(3) any document required to accompany any transportation or handling of hazardous materials, pesticides or other toxic or dangerous materials.
C. The Uniform Electronic Transactions Act applies to an electronic record or electronic signature otherwise excluded from the application of that act under Subsection B of this section to the extent it is governed by a law other than those specified in Subsection B of this section.
D. A transaction subject to the Uniform Electronic Transactions Act is also subject to other applicable substantive law.
History: Laws 2001, ch. 131, § 3; 2007, ch. 323, § 27; 2013, ch. 137, § 1.
ANNOTATIONSThe 2013 amendment, effective July 1, 2013, clarified the applicability of the Uniform Commercial Code to a remittance transfer as defined in the federal Electronic Fund Transfer Act of 1978; in Subparagraph (b) of Paragraph (1) of Subsection A, after "other than", deleted "Sections 55-1-107 and 55-1-206 NMSA 1978"; and in Subparagraph (a) of Paragraph (2) of Subsection A, after "water" added "gas".
The 2007 amendment, effective July 1, 2007, added Subparagraph (iii) of Paragraph (1) of Subsection (b) and added Paragraph (3) of Subsection (b) and eliminated the provision that the Uniform Electronic Transactions Act does not apply to a transaction that is governed by the Uniform Anatomical Gift Act, Uniform Health-Care Decisions Act or a law that governs adoption, divorce or family law matters.