44-7042. Sending and accepting electronic
records
A. Except as otherwise provided in section 44-7012, subsection E, each governmental
agency shall determine if, and the extent to which, the governmental agency will send and
accept electronic records and electronic signatures to and from other persons and
otherwise create, generate, communicate, store, process, use and rely on electronic
records and electronic signatures. State agencies shall comply with the appropriate
standards and policies adopted or established by the government information technology
agency pursuant to title 41, chapter 32 and the secretary of state pursuant to section
41-132.
B. To the extent that a governmental agency uses electronic records and electronic
signatures pursuant to subsection A of this section, the governmental agency after giving
due consideration to security may specify:
1. 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.
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 ability to perform audits of
electronic records.
4. Any other required attributes for electronic records that are specified for
corresponding nonelectronic records or that are reasonably necessary under the
circumstances.
C. Except as otherwise provided in section 44-7012, subsection E, this chapter does
not require a governmental agency to use or allow the use of electronic records or
electronic signatures.
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