2-20-105. State agency or local government unit acceptance and use of electronic records and electronic signatures -- rulemaking required. (1) This part strongly encourages but does not require a state agency or local government unit to use or permit the use of an electronic signature or to send or receive electronic records. A state agency or local government unit may determine if, and the extent to which, it will send and receive electronic records to and from other persons and the extent to which it will create, use, and rely upon electronic records.
     (2) Unless otherwise agreed to between a state agency or local government unit acting as the sender or receiver of an electronic record and another person who is the sender or receiver of the same electronic record, an electronic record is sent when it enters an information processing system outside the control of the sender or a person that sent the electronic record on behalf of the sender.
     (3) Unless otherwise agreed to between a state agency or local government unit acting as the sender or receiver of an electronic record and another person acting as the sender or receiver of the same electronic record, an electronic record is received when the electronic record enters an information processing system from which the recipient is able to retrieve electronic records in a form capable of being processed by that system, if the recipient uses or has designated that system for the purpose of receiving the electronic record. An electronic record is effective when received even if no individual is aware of its receipt.
     (4) A state agency sending or receiving electronic records shall adopt rules specifying:
     (a) the manner and format in which an electronic record must be created, sent, received, and stored;
     (b) whether an electronic record must be signed, the type of electronic signature required, the manner and format in which a signature must be affixed to the electronic record, and the identity of, or criteria that must be met by, a third person used by the person filing the document to facilitate the process;
     (c) appropriate control methods used to ensure adequate integrity, security, and confidentiality of the electronic records and to ensure that the creation, transmission, and use of the electronic record may be audited; and
     (d) other matters applicable to nonelectronic records that in the state agency's judgment should also be made applicable to electronic records.

     History: En. Sec. 5, Ch. 365, L. 1999.