7-9A-1. Definitions. Terms used in this chapter mean: (1)”Document,” any information that is: (a)Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and (b)Eligible to be recorded in the public records maintained by the register of deeds; (2)”Electronic,” relating to technology having electrical, […]
7-9A-10.Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the Federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. Section 7001, et seq.), as of January 1, 2014, but does not modify, limit, or supersede Section 101(c) of that act (15 U.S.C. Section 7001(c)) or authorize […]
7-9A-2. Validity of electronic documents. If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this chapter. If a law requires or refers to something related to tangible media, the […]
7-9A-3. Recording of documents. A register of deeds who implements any of the functions listed in this section shall do so in compliance with standards established by the electronic recording commission. A register of deeds may: (1)Receive, index, store, archive, and transmit electronic documents; (2)Provide for access to, and for search and retrieval of, documents […]
7-9A-4. Electronic recording commission created–Standards for recording electronic documents. The electronic recording commission is hereby created and shall consist of nine voting members. The commission shall adopt standards to implement procedures for recording electronic documents with the register of deeds. The commission shall consist of nine members appointed as follows: (1)Five registers of deeds appointed […]
7-9A-5. Meetings of commission–Expenses and costs. The first meeting of the commission shall be called by the president of the South Dakota Association of County Officials. At the first meeting, the commission shall elect from among its members a chair and other officers as it considers necessary or appropriate and each meeting is subject to […]
7-9A-6. Quorum. A majority of the members of the commission constitute a quorum for the transaction of business at a meeting of the commission. A majority of the members present and serving are required for official action of the commission. Source: SL 2014, ch 47, §6.
7-9A-7. Removal of member. The electronic recording commission may remove an appointed member of the commission for incompetency, dereliction of duty, malfeasance, misfeasance, or nonfeasance in office, or any other good cause. Source: SL 2014, ch 47, §7.
7-9A-8. Promulgation of rules. The commission shall adopt rules, pursuant to chapter 1-26, to keep the standards and practices of registers of deeds in this state in harmony with the standards and practices of recording offices in other jurisdictions that substantially comply with this chapter and to keep the technology used by registers of deeds […]
7-9A-9. Uniformity of application and construction. In applying and construing the provisions of this chapter, the commission shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that enact these provisions. Source: SL 2014, ch 47, §9.
