The state records administrator shall issue rules for the implementation of the provisions of the Uniform Electronic Transactions Act that shall apply to all governmental agencies; provided that a governmental agency, giving due consideration to security, may instead issue its own rules that specify:
A. the manner and format in which the electronic records must be created, generated, sent, communicated, received and stored and the systems established for those purposes;
B. if electronic records must be signed by electronic means, the type of electronic signature required, the manner and format in which the electronic signature must be affixed to the electronic record and the identity of, or criteria that must be met by, any third party used by a person filing a document to facilitate the process;
C. control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality and auditability of electronic records; and
D. any other required attributes for electronic records that are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.
History: Laws 2001, ch. 131, § 18; 2013, ch. 214, § 10.
The 2013 amendment, effective June 14, 2013, made governmental agencies subject to the Uniform Electronic Transactions Act; deleted former Subsection (a), which gave governmental agencies the option to use electronic records; in former Subsection (b), deleted "To the extent that a governmental agency uses electronic records and electronic signatures under Subsection (a), the"; at the beginning of the introductory sentence, added "The state records administrator shall issue rules for the implementation of the provisions of the Uniform Electronic Transactions Act that shall apply to all governmental agencies; provided that" and after "consideration to security, may", added "instead issue its own rules that"; and deleted former Subsection (c), which provided that the Uniform Electronic Transactions Act did not require governmental agencies to use electronic records or signatures.
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