D R
A F T
FOR
DISCUSSION ONLY
AUTHENTICATION AND PRESERVATION OF STATE ELECTRONIC LEGAL
MATERIALS ACT
___________________________________________________
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
___________________________________________________
For February 25 – 27, 2011 Drafting Committee
Meeting
Includes changes from November 2010 Drafting
Committee Meeting
Clean
Version
Without Prefatory Note or
Comments
Copyright © 2009
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
The ideas and conclusions set forth in this draft, including
the proposed statutory language and any comments or reporter=s notes,
have not been passed upon by the National Conference of Commissioners on
Uniform State Laws or the Drafting Committee.
They do not necessarily reflect the views of the Conference and its
Commissioners and the Drafting Committee and its Members and Reporter. Proposed statutory language may not be used
to ascertain the intent or meaning of any promulgated final statutory proposal.
January 31, 2011
DRAFTING COMMITTEE FOR
AUTHENTICATION AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT
The Committee appointed by
and representing the National Conference of Commissioners on Uniform State Laws
in drafting this Act consists of the following individuals:
MICHELE L. TIMMONS, Office of
the Revisor of Statutes, 700 State Office Bldg., 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN
55155, Chair
JERRY L. BASSETT,
Legislative Reference Service, 613 Alabama State House, 11 S. Union St., Montgomery, AL 36130
DAVID
D. BIKLEN, 153 N. Beacon St., Hartford, CT 06105
DIANE F.
BOYER-VINE, Office of Legislative Counsel, State Capitol, Room 3021, Sacramento, CA 95814-4996
STEPHEN
Y. CHOW, 125 Summer St., Boston, MA 02110-1624
VINCENT
C. DeLIBERATO, Jr., Main Capitol Bldg., Room 641, Harrisburg, PA 17120-0033
GENE
H. HENNIG, 500 IDS Center, 80 S. 8th St., Minneapolis, MN 55402-3796
STEVEN
L.WILLBORN, University of Nebraska College of Law, Ross McCollum Hall, 42 &
Fair St., P.O. Box 830902, Lincoln, NE
68583-0902
BARBARA
A. BINTLIFF, University of Texas School of Law, 727 E. Dean Keeton St., Austin, TX 78705, Reporter
ROBERT A. STEIN, University
of Minnesota Law School, 229 19th Avenue S., Minneapolis, MN 55455, President
JACK DAVIES, 1201
Yale Pl., Unit 2004, Minneapolis, MN 55403-1961, Division Chair
AMERICAN BAR ASSOCIATION
ADVISOR
LUCY THOMSON, 915
N. Quaker Dr., Alexandria, VA 22302, ABA
Advisor
PHYLLIS B.
PICKETT, 401 Legislative Office Bldg., 300 N. Salisbury St., Raleigh, NC 27603,
ABA Section Advisor
JOHN A. SEBERT, 111 N. Wabash
Ave., Suite 1010, Chicago, IL 60602, Executive
Director
Copies of this Act may be obtained from:
NATIONAL CONFERENCE OF COMMISSIONERS
ON UNIFORM STATE LAWS
111 N. Wabash Ave., Suite
1010
Chicago, Illinois 60602
312/450-6600
AUTHENTICATION
AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT
TABLE
OF CONTENTS
SECTION 3.
OFFICIAL ELECTRONIC LEGAL MATERIAL.
SECTION 4.
AUTHENTICATION OF ELECTRONIC LEGAL MATERIAL
SECTION 5. EFFECT
OF AUTHENTICATION.
SECTION 6.
PRESERVATION OF ELECTRONIC LEGAL MATERIAL.
SECTION 7. PUBLIC
ACCESS TO ELECTRONIC LEGAL MATERIAL.
SECTION 9.
UNIFORMITY OF APPLICATION AND CONSTRUCTION.
SECTION 10.
RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
AUTHENTICATION
AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT
SECTION
1. SHORT TITLE. This [act] may be cited as the Authentication
and
Preservation
of State Electronic Legal Materials Act.
SECTION
2. DEFINITIONS. In this [act]:
(1) “Electronic” means relating to
technology having electrical, digital, magnetic,
wireless,
optical, electromagnetic, or similar capabilities.
(2) “Legal material” means:
(A) a law or statute
enacted by the [state legislature];
(B) a codified law or
statute of this state ; [and]
(C) any rule adopted by
a state agency which has the force and effect of law[;] [and]
[[(D) a decision of a
state administrative agency which has precedential effect] [;] [and]
[(E) a judicial decision
of a state court that has precedential effect][;] [and]
[(F) state court
rules][;][and]
[(G) [any other
record]].
(3) “Official publisher” means:
(A) for a law or statute
enacted by the [state legislature], the [insert appropriate agency or
official];
(B)
for a codified law or statute, the [insert appropriate agency or official];
[and]
(C) for a rule published
in the [insert administrative code], the [insert appropriate agency or
official] [;] [and]
[(D) for any rule not
published in the [insert administrative code], the state agency adopting the
rule ][;] [and]
[(E) for a decision of a
state administrative agency which has precedential effect, the [insert
appropriate agency or official][;] [and]
[(F) for a judicial
decision of a state court that has
precedential effect, the [insert appropriate agency or official][;] [and]
[(G) for state court rules,
the [insert appropriate agency or official][;] [and]
[(H) [for any other
record], the [insert appropriate agency or official][;] [and]
[(I) for any other legal
material, the [insert secretary of state or other appropriate agency or
official]].
(4) “Publish” means to display,
present, or release to the public.
(5) “Record” means information that
is inscribed on a tangible medium or that is stored in an electronic or other
medium and is retrievable in perceivable form.
(6) “State” means a state of the
United States, the District of Columbia, Puerto
Rico,
the United States
jurisdiction
of the
(a) If the official publisher publishes
the legal material only in an electronic record, the official publisher shall:
(1)
designate the electronic record as official; and
(2)
meet the requirements of Sections 4, 6, and 7.
(b) If the official publisher publishes
a print record of the legal material, the official publisher may designate an
electronic record as official if the requirements of Sections 4, 6, and 7 are
met.
SECTION
4. AUTHENTICATION OF ELECTRONIC LEGAL
MATERIAL. The official publisher of legal material in an electronic
record that is designated as official under Section 3 shall authenticate the
record by providing a method for users
to determine that the electronic record is unaltered from the one published by
the official publisher.
(a)
Legal material in an electronic record that is authenticated under Section 4 is
presumed to be an accurate copy of the legal material.
(b)
The presumption under (a) above applies to electronic legal material from
another state that has adopted this [act].
SECTION
6. PRESERVATION OF ELECTRONIC LEGAL
MATERIAL. The official publisher of legal material in
an electronic record shall preserve all published electronic legal material that
is or was designated as official under Section 3. To preserve legal material in
an electronic record, the official publisher shall:
(1) ensure the integrity of the electronic record;
(2) provide for back-up and disaster
recovery of the electronic record; and
(3) ensure the continuing usability
of the legal material.
SECTION
7. PUBLIC ACCESS TO ELECTRONIC LEGAL
MATERIAL. The official
publisher of legal material in an electronic record shall ensure that the electronic
legal material that is required to be preserved under Section
6 is reasonably available on a permanent basis for use by the general
public.
SECTION
8. STANDARDS. In implementing the
requirements of this [act], the official publisher shall consider:
(1) standards and practices of other
jurisdictions;
(2) any standards on authentication
and preservation of records adopted by national standard-setting bodies; and
(3) the needs of electronic record
users.
SECTION
9. 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 the states that enact it.
SECTION
10. RELATION TO ELECTRONIC SIGNATURES IN
GLOBAL AND NATIONAL COMMERCE ACT. This [act] modifies, limits, and supersedes
the federal 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 notices described in Section 103(b) of that act, 15 U.S.C.
Section 7003(b).
SECTION 11. EFFECTIVE DATE. This act is effective on __________, for electronic legal material designated official under Section 3 and first published on or after that date.