(1) As used in this section: (a) "Digital authentication" means a method of verifying the identity of a person and the integrity of an electronic document using tamper-evident technology that: (i) creates a verifiable record of the authentication; and (ii) meets standards established under Section 63A-12-117. (b) "Digital authentication system" means the technology and procedures used to create digitally authenticated records. (c) "Digitally authenticated record" means an electronic document that: (i) has been authenticated using digital authentication as defined in this section; (ii) meets the requirements established by rule under Section 63A-12-117; and (iii) if the document is to be recorded by a county recorder, has been approved for county use in accordance with Section 17-71-301.5. (d) "Division" means the Division of Technology Services created in Section 63A-16-103. (e) "Records Management Committee" means the Records Management Committee created in Section 63A-12-112. (f) "State Archives" means the Division of Archives and Records Service created in Section 63A-12-101. (g) "Tamper-evident technology" means technology that: (i) creates a permanent, verifiable record that allows detection of any unauthorized alteration to an electronic document after authentication; and (ii) maintains an immutable audit trail of authentication events. (2) (a) A county recorder may accept and record a digitally authenticated record if: (i) the county has obtained approval under Subsection (3); and (ii) the digitally authenticated record meets the requirements of Section 17-71-602. (b) A county recorder that accepts digitally authenticated records shall: (i) maintain procedures for accepting both digitally authenticated records and traditionally notarized documents; (ii) provide public notice of the types of digital authentication the county accepts; (iii) ensure compliance with retention requirements established by the state archivist under Section 63A-12-117; and (iv) maintain audit trails for all digitally authenticated records accepted. (3) Before accepting digitally authenticated records, a county shall: (a) submit a proposal to the State Archives that describes: (i) the digital authentication system the county proposes to use; (ii) security measures to protect record integrity; (iii) procedures for verification of authentication; (iv) the types of records the county proposes to accept through digital authentication; (v) implementation timelines and training plans; (vi) compliance with retention schedules approved by the Records Management Committee; (vii) preservation requirements for permanent records; (viii) transfer procedures for records to be archived; (ix) format specifications for long-term storage; (x) consultation conducted with: (A) the Title and Escrow Commission created in Section 31A-2-403; (B) the County Recorder Standards Board created in Section 63C-30-201; and (C) other private industry stakeholders with interests affected by the proposal; and (xi) a summary of concerns raised during the consultations described in Subsection (3)(a)(x); and (b) obtain approval from the state archivist in accordance with Subsection (4). (4) (a) The state archivist shall review each county proposal submitted under Subsection (3) for: (i) compliance with: (A) retention schedules approved by the Records Management Committee; (B) preservation standards for digital records established under Section 63A-12-117; (C) transfer requirements for permanent records; and (D) technical standards established by rule under Section 63A-12-117; (ii) sufficiency of county resources and training for implementation; and (iii) completeness of the consultation requirements described in Subsection (3)(a)(x) and consideration of concerns described in Subsection (3)(a)(xi). (b) The state archivist shall consult with the division regarding technical aspects of a proposal. (c) Before the state archivist approves a proposal, the county, with assistance from State Archives, shall present the proposal to the Records Management Committee in a public meeting that provides opportunity for public comment. (d) The state archivist shall provide written approval or denial to the county within 45 days after the day on which the county submits a proposal under Subsection (3). (e) If the state archivist denies a proposal, the state archivist shall provide: (i) specific reasons for denial; and (ii) recommendations for modification. (f) A county may resubmit a modified proposal in accordance with this section. (5) An approval granted under Subsection (4) is valid for three years and may be renewed upon demonstration of continued compliance with the requirements of this section. (6) A county recorder may establish and collect fees for accepting and recording digitally authenticated records in accordance with Section 17-71-407.
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