53-12-48. Board of Regents to determine extent to which electronic records and signatures will be used.
With respect to records under its control, and except as otherwise provided in §53-12-30, the Board of Regents shall determine whether, and the extent to which, the board and the institutions under the board's control shall send and accept electronic records and electronic signatures to and from other persons and otherwise create, generate, communicate, store, process, use, and rely upon electronic records and electronic signatures. In administering such records, the board may exercise those powers specified in §§53-12-47 and 53-12-50. However, any public records as defined in §13-49-31 that the board elects to maintain in electronic form shall be accessible to the public in conformity with the rules the commissioner of the Bureau of Information and Telecommunications promulgates pursuant to §§53-12-47 and 53-12-50.
Source: SL 2000, ch 225, §48.
Structure South Dakota Codified Laws
Chapter 12 - Electronic Transactions
Section 53-12-1 - Definition of terms.
Section 53-12-2 - Transactions governed by chapter.
Section 53-12-3 - Transactions not governed by chapter.
Section 53-12-4 - Transactions excluded under § 53-12-3 that may be governed by chapter.
Section 53-12-5 - Transactions subject to chapter also subject to other applicable law.
Section 53-12-6 - Application of chapter.
Section 53-12-7 - Electronic record or signature not mandated.
Section 53-12-10 - Provisions of chapter may be varied by agreement except as otherwise provided.
Section 53-12-11 - Determination of legal consequences of electronic records or signatures.
Section 53-12-12 - Construction of chapter.
Section 53-12-13 - Electronic form of record or signature not grounds for denying its legal effect.
Section 53-12-14 - Electronic record used in contract formation not grounds for denying contract.
Section 53-12-15 - Electronic record satisfies requirement of a writing.
Section 53-12-16 - Electronic signature satisfies requirement of a signature.
Section 53-12-17 - Requirement of writing satisfied by sending of electronic record.
Section 53-12-18 - Requirement that record be posted, transmitted or formatted in certain manner.
Section 53-12-19 - Electronic record not enforceable against recipient in certain situations.
Section 53-12-21 - Attributing electronic signature or record to person.
Section 53-12-22 - Effect of electronic record or signature to be determined from context.
Section 53-12-23 - Effect of change or error in electronic record.
Section 53-12-24 - Notarization of electronic signature.
Section 53-12-25 - Satisfying requirement that record be retained.
Section 53-12-26 - Requirement that record be retained does not apply to certain information.
Section 53-12-27 - Services of another person for retention of records authorized.
Section 53-12-28 - Retention of record in its original form.
Section 53-12-29 - Retention of check.
Section 53-12-30 - Retention of record for evidentiary, audit, or like purposes.
Section 53-12-31 - Electronic form of record or signature not grounds for exclusion.
Section 53-12-32 - Formation and terms of contract in automated transaction.
Section 53-12-33 - Time that electronic record is sent.
Section 53-12-34 - Time that electronic record is received.
Section 53-12-35 - Location of information processing system irrelevant.
Section 53-12-36 - Place that electronic record is sent from and received.
Section 53-12-37 - Individual need not be aware of receipt.
Section 53-12-38 - Effect of electronic acknowledgment.
Section 53-12-40 - "Transferable record" defined.
Section 53-12-41 - Person having control of transferable record.
Section 53-12-45 - Proof of control of transferable record.
Section 53-12-49 - Use of electronic records or signatures by government agencies not mandated.
Section 53-12-50 - Commissioner authorized to promote consistency and interoperability.