1.    Except as otherwise provided in subsection 6 of section 9-16-11, the state records administrator shall provide guidelines to determine whether, and the extent to which, a governmental agency will send and accept electronic records and electronic signatures to and from other persons.

2.    To the extent that a governmental agency uses electronic records and electronic signatures under subsection 1, the state records administrator, giving due consideration to security, may specify:

a.    The manner in which the electronic records must be sent, communicated, received, and stored and the systems established for those purposes; b.    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; c.    Control processes and procedures as appropriate to ensure adequate preservation, disposition, integrity, security, confidentiality, and auditability of electronic records; and

d. Any other required attributes for electronic records which are specified for corresponding nonelectronic records or reasonably necessary under the circumstances.

3.    Except as otherwise provided in subsection 6 of section 9-16-11, this chapter does not require a governmental agency of this state to use or permit the use of electronic records or electronic signatures.