Section 18-8-6 – Cremation authorization.
18-8-6. Cremation authorization. A pre-need cremation authorization made pursuant to §34-26A-38 may also be witnessed by two witnesses in the electronic presence of the person as authorizing agent. Source: SL 2022, ch 56, §6.
Section 18-8-5 – Anatomical gift or refusal.
18-8-5. Anatomical gift or refusal. An anatomical gift or a refusal to make an anatomical gift of the individual’s body or part thereof pursuant to subdivisions 34-26-52(b) or 34-26-54(b) may also be witnessed by two adults, at least one of whom is a disinterested witness, who have signed at the request of the signer in […]
Section 18-7-3 – Applicability.
18-7-3. Applicability. This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located within the boundaries of the United States. Source: SL 2018, ch 128, §3.
Section 18-7-4 – Validity of unsworn declaration.
18-7-4. Validity of unsworn declaration. Except as otherwise provided in this section, if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration. This chapter does not apply to: (1)A deposition under §15-6-26; (2)An oath […]
Section 18-7-5 – Required medium .
18-7-5. Required medium. If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in the same medium. Source: SL 2018, ch 128, §5.
Section 18-7-6 – Form of unsworn declaration.
18-7-6. Form of unsworn declaration. An unsworn declaration under this chapter must be in substantially the following form: FORM OF UNSWORN DECLARATION I declare under penalty of perjury under the law of South Dakota that the foregoing is true and correct. Signed on the ___ day of _____, _____, at ________________________________. Date Month Year City […]
Section 18-7-7 – Uniformity of application and construction.
18-7-7. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: SL 2018, ch 128, §7.
Section 18-7-8 – Relation to Electronic Signatures in Global and National Commerce Act.
18-7-8.Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery of any of the […]
Section 18-8-1 – Definitions.
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 […]
Section 18-8-2 – Conscious presence is electronic presence–Wills.
18-8-2. Conscious presence is electronic presence–Wills. A non-holographic will is validly signed when signed in the electronic presence of the testator by two or more individuals who, in the electronic presence of the testator, witnessed either the signing of the will or the testator’s acknowledgment of that signature. Source: SL 2022, ch 56, §2.