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.
Structure New Mexico Statutes
Chapter 14 - Records, Rules, Legal Notices, Oaths
Article 16 - Uniform Electronic Transactions
Section 14-16-1 - Short title.
Section 14-16-2 - Definitions.
Section 14-16-4 - Prospective application.
Section 14-16-5 - Use of electronic records and electronic signatures; variation by agreement.
Section 14-16-6 - Construction and application.
Section 14-16-8 - Provision of information in writing; presentation of records.
Section 14-16-9 - Attribution and effect of electronic record and electronic signature.
Section 14-16-10 - Effect of change or error.
Section 14-16-11 - Notarization and acknowledgment.
Section 14-16-12 - Retention of electronic records; originals.
Section 14-16-13 - Admissibility in evidence.
Section 14-16-14 - Automated transaction.
Section 14-16-15 - Time and place of sending and receipt.
Section 14-16-16 - Transferable records.
Section 14-16-18 - Acceptance and distribution of electronic records by governmental agencies.
Section 14-16-19 - Interoperability.
Section 14-16-20 - Electronic certifications, permits, registrations and licenses.
Section 14-16-21 - Electronic certifications, permits, registrations and licenses.