South Dakota § 53-12-47 - Commissioner to promulgate rules for state agencies using electronic records and signatures.

§ 53-12-47. Commissioner to promulgate rules for state agencies using electronic records and signatures.

To the extent that a governmental agency uses electronic records and electronic signatures under this chapter, the commissioner of the Bureau of Information and Technology shall promulgate rules pursuant to chapter 1-26 to specify for state agencies:

(1)    The manner and format in which the electronic records shall be created, generated, sent, communicated, received, and stored and the systems established for those purposes;

(2)    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;

(3)    Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and

(4)    Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

Source: SL 2000, ch 225, § 47; SL 2026, ch 1 (Ex. Ord. 26-2), § 17, eff. Apr. 13, 2026.