§ 9-2-2501 — Director of department of enterprise technology services; duties; electronic transaction of business

(a) Repealed By Laws 2005, ch. 174, § 3.
(b) The state chief information officer may provide for
any state agency business to be conducted electronically in
accordance with rules adopted under this section and in
conformity with the provisions of the Uniform Electronic
Transactions Act in title 40, chapter 21. No state agency shall
be required by the chief information officer to conduct business
electronically. Any state agency desiring to conduct business
electronically shall adopt the procedures contained in rules of
the department of enterprise technology services.
(c) The department of enterprise technology services may
enact rules the chief information officer deems necessary to
implement this section subject to the provisions of the Uniform
Electronic Transactions Act in title 40, chapter 21. The rules
shall at a minimum:
(i) Establish standards for all state agencies
conducting business electronically;
(ii) Establish parameters for ensuring security in
conducting state agency business electronically;
(iii) Establish authorized methods and requirements
for conducting business electronically and authenticating
identifications. The rules shall require that each individual
required by applicable statute or rule to sign any document be
specifically identified as acknowledging the document and giving
assent to the electronic transmission through a key encryption
or other identification procedure unique to that individual;
(iv) Prescribe a procedure for certification by a
state agency of information transmitted electronically; and
(v) Prescribe a procedure for converting information
transmitted electronically to paper and certifying the paper
copy for persons requiring paper copies.
(d) In adopting rules the department of enterprise
technology services shall consider whether the rule will allow
for efficient, safe, secure and accurate transactions.
(e) Notwithstanding any other provision of law requiring a
manual or facsimile signature on information filed with a state
agency any information filed electronically which meets the
requirements of the rules adopted pursuant to this section shall
be considered to be lawfully filed with the state agency for all
legal purposes if that agency has authorized the electronic
filing.
(f) Nothing in this section shall be construed to affect
any requirement of statute or rule that a particular individual
or officer of an organization acknowledge a document. Any
person using a key encryption or other identification procedure
in place of a manual or facsimile signature for any filing under
this section shall be subject to the same civil and criminal
penalties applicable to persons providing a manual or facsimile
signature.
(g) A state agency shall not be liable for any loss or
damages arising from errors in or omissions from information
filed electronically.
(h) No statutory provision which authorizes facsimile or
electronic filing with any state agency shall be superseded by
this section or any rule of the department adopted pursuant to
this section.
(j) As used in this section, "state agency" means any
authority, bureau, board, commission, department, division,
institution or officer of the state, except the state
legislature and the judiciary.