CHAPTER 215

(HB 1061)

Consent for correspondence through electronic mail.

        ENTITLED, An Act to revise certain provisions regarding consent for correspondence through electronic mail by enrolled customers of portable electronics.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 58-47-1 be amended to read:

    58-47-1. Terms used in this chapter mean:

            (1)    "Customer," a any person who purchases portable electronics;

            (2)    "Enrolled customer," a any customer who elects coverage under a portable electronics insurance policy issued to a vendor of portable electronics;

            (3)    "Location," any physical location in this the state or any website, call center site, or similar location directed to residents of this state;

            (4)    "Portable electronics," personal, self-contained, electronic devices and their accessories that are easily carried by an individual, battery-operated electronic communication, viewing, listening, recording, gaming, computing, or global positioning devices, including cell or satellite phones, pagers, personal global positioning satellite units, portable computers, portable audio listening, video viewing or recording devices, digital cameras, video camcorders, portable gaming systems, docking stations, automatic answering devices, and other similar devices and their accessories, and service related to the use of such devices a person;

            (5)    "Portable electronics transaction," the sale or lease of portable electronics by a vendor to a customer, or the sale of a service related to the use of portable electronics by a vendor to a customer;

            (6)    "Supervising entity," a any licensed insurer, licensed business entity, or licensed insurance producer that is appointed by an insurer to supervise the administration of a portable electronics insurance program;

            (7)    "Vendor," a any person in the business of engaging in portable electronics transactions directly or indirectly.

    Section 2. That § 58-47-13 be amended to read:

    58-47-13. Whenever If any notice or correspondence with respect to a policy of portable electronics insurance is required, it the notice or correspondence shall be in writing and sent mailed within the any notice period, if any, specified within the statute or regulation requiring

the notice or correspondence. Notwithstanding any other provision of law, notices and correspondence any notice or correspondence may be sent either by mail mailed by postal or by electronic means. If the notice or correspondence is mailed through any postal service, it the notice or correspondence shall be sent to the vendor of portable electronics at the vendor's mailing address specified for that purpose and to its affected enrolled customers' customer's last known mailing addresses address on file with the insurer. Either the insurer or vendor of portable electronics shall maintain proof of mailing in a form authorized or accepted by the United States Postal Service or any other commercial mail delivery service. If the notice or correspondence is sent mailed by electronic means, it the notice or correspondence shall be sent to the vendor of portable electronics at the vendor's electronic mail address specified for that purpose and to its affected enrolled customers' customer's last known electronic mail address as provided by each enrolled customer to the insurer or vendor of portable electronics. An enrolled customer's provision of an electronic mail address to the insurer or vendor of portable electronics is deemed to be consent to receive notices and notice or correspondence by electronic means as so long as a disclosure is provided to the customer at the time the electronic mail address is provided indicating the same within a reasonable time following purchase of the portable electronics. The insurer or vendor of portable electronics shall maintain proof that the any notice or correspondence was sent electronically mailed to an enrolled customer. Notice or correspondence may be sent on behalf of an any insurer or vendor, by the supervising entity appointed by the insurer.

     Signed March 2, 2017

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