18-8-1. Definitions.
Terms used in this chapter mean:
(1)“Electronic,” relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(2)“Electronic presence,” the relationship of two or more individuals in different locations communicating by means of video communication technology;
(3)“Instrument,” a will, a declaration, a power of attorney, a pre-need cremation authorization, or an anatomical gift or refusal to make an anatomical gift of the individual’s body or part thereof;
(4)"Video communication technology," an electronic device or process that allows a signer and a remotely located person or persons not in the physical presence of the signer to communicate in real-time simultaneously by sight and sound and that makes any necessary reasonable accommodation for individuals with vision, hearing, or speech impairments;
(5)“Signer,” an individual who signs or who acknowledges that signature. A signer also includes an individual who directs another person to sign for the signer in the physical presence of the signer.
Source: SL 2022, ch 56, §1.
Structure South Dakota Codified Laws
Title 18 - Oaths and Acknowledgments
Chapter 08 - Remote Witnessing Of Legal Instruments
Section 18-8-2 - Conscious presence is electronic presence--Wills.
Section 18-8-3 - Declaration for life-sustaining treatment.
Section 18-8-4 - Durable health care power of attorney.