A05631 Summary:

BILL NOA05631
 
SAME ASSAME AS S04606
 
SPONSORLifton
 
COSPNSRStirpe, O'Donnell, Galef
 
MLTSPNSRSchimel
 
Add Art 3-A SS15 - 15-j, NYS Print L
 
Enacts the "uniform electronic legal material act".
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A05631 Actions:

BILL NOA05631
 
03/02/2015referred to governmental operations
01/06/2016referred to governmental operations
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A05631 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5631
 
SPONSOR: Lifton
  TITLE OF BILL: An act to amend the New York state printing and public documents law, in relation to enacting the "uniform electronic legal material act"   PURPOSE: To address the critical need to manage electronic legal information in a manner that guarantees the trustworthiness of, and continuing access to, important state legal material.   SUMMARY OF PROVISIONS: Section 15-a - Definitions. 15-b - Applicability. 15-c - Legal material in official electronic record. -If an official publisher publishes legal material only in an electronic record, the publisher shall, inter alia, designate the electronic record as official. 15-d - Authentication of official electronic record. - An official electronic record shall be authenticated by the official publisher. 15-e - Effect of authentication. - Authenticated legal material in an electronic record is presumed to be an accurate copy of the legal material. - Officially designated and authenticated legal materials from other states that have adopted a law substantially similar to the Uniform Electronic Legal Material Act are presumed to be an accurate copy. - To challenge the authenticity of an electronic record designated and authenticated under this act a party must prove by a preponderance of the evidence that the record is not authentic. 15-f - Preservation and security of legal material in official electronic record. 15-g - Public access to legal material in official electronic record. 15-h - Standards. 15-i - Uniformity of application and construction. 15-j - relation to electronic signatures in global and national commerce act.   EXISTING LAW: Amends the New York State printing and public documents law by adding a new article 3-A.   JUSTIFICATION: Providing information online has never been more important in the opera- tion of state government. With the prevalence of internet access in the 21st century, the public expects to have access to critical materials online. The ease of creating digital materials allows government to be cost-effective and timely in the creation and presentation of legal documents, enhancing the important goals of transparency, accountabil- ity, and citizen participation. Yet, increased access to this informa- tion in electronic formats, rather than in official print materials, raises the important question of verifiable authenticity. Electronic information can be altered, either intentionally or unintentionally, often without being obvious to the consumer. End-users of government legal materials must be assured that the version they rely on remains unaltered and is trustworthy and authentic. In a digital environment where legal information must be retained in perpetuity, and possibly without access to an original print version, the Uniform Electronic Legal Materials Act (UELMA) establishes a frame- work for the preservation and retention of official legal electronic materials. As New York State's legal information is increasingly stored in an electronic format, the UELMA will satisfy the important goals of 1) ensuring authenticity, 2) preserving legal material of longterm value in a usable format, and 3) make the state's legal materials easily, and permanently, accessible.   LEGISLATIVE HISTORY: New legislation.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A05631 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5631
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 2, 2015
                                       ___________
 
        Introduced by M. of A. LIFTON -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the New York state printing and public documents law, in
          relation to enacting the "uniform electronic legal material act"
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The New York state printing and  public  documents  law  is
     2  amended by adding a new article 3-A to read as follows:
     3                                 ARTICLE 3-A
     4                    UNIFORM ELECTRONIC LEGAL MATERIAL ACT
     5  Section 15.   Short title.
     6          15-a. Definitions.
     7          15-b. Applicability.
     8          15-c. Legal material in official electronic record.
     9          15-d. Authentication of official electronic record.
    10          15-e. Effect of authentication.
    11          15-f. Preservation  and  security  of legal material in official
    12                  electronic record.
    13          15-g. Public access to legal  material  in  official  electronic
    14                record.
    15          15-h. Standards.
    16          15-i. Uniformity of application and construction.
    17          15-j. Relation  of  electronic signatures in global and national
    18                  commerce act.
    19    § 15. Short title. This article shall be known and may be cited as the
    20  "uniform electronic legal material act".
    21    § 15-a. Definitions. In this article:
    22    1.  "Electronic"  means  relating  to  technology  having  electrical,
    23  digital,  magnetic, wireless, optical, electromagnetic, or similar capa-
    24  bilities.
    25    2. "Legal material" means, whether or not in effect:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08201-01-5

        A. 5631                             2
 
     1    a. the constitution of the state of New York;
     2    b. the laws of the state of New York;
     3    c.  a  state  agency  rule, regulation or decision that has or had the
     4  effect of law;
     5    d. material published in the New York register;
     6    e. the New York code of rules and regulations;
     7    f. reported decisions of the following  state  courts:  the  court  of
     8  appeals, the appellate division and the supreme courts.
     9    3. "Official publisher" means:
    10    a. for the constitution of the state of New York, the legislative bill
    11  drafting commission;
    12    b.  for the laws of the state of New York, the legislative bill draft-
    13  ing commission;
    14    c. for a state agency rule, regulation or decision that has or had the
    15  effect of law, the state agency;
    16    d. for material published in the New York register, the  secretary  of
    17  state;
    18    e.  for  the  New  York code of rules and regulations, the legislative
    19  bill drafting commission;
    20    f. for reported decisions of the following state courts: the court  of
    21  appeals,  the  appellate  division and the supreme courts, the office of
    22  court administration.
    23    4. "Publish" means to display, present, or release to the  public,  or
    24  cause  to  be  displayed,  presented,  or released to the public, by the
    25  official publisher.
    26    5. "Record" means information that is inscribed on a  tangible  medium
    27  or that is stored in an electronic or other medium and is retrievable in
    28  perceivable form.
    29    6.  "State" means a state of the United States, the District of Colum-
    30  bia, Puerto Rico, the United States Virgin Islands, or any territory  or
    31  insular possession subject to the jurisdiction of the United States.
    32    §  15-b.  Applicability. This article applies to all legal material in
    33  an electronic record  that  is  designated  as  official  under  section
    34  fifteen-c of this article and first published electronically on or after
    35  the effective date of this article.
    36    §  15-c.  Legal material in official electronic record. 1. If an offi-
    37  cial publisher publishes legal material only in  an  electronic  record,
    38  the publisher shall:
    39    a. designate the electronic record as official; and
    40    b.  comply  with  sections  fifteen-d, fifteen-f and fifteen-g of this
    41  article.
    42    2. An official publisher that publishes legal material in an electron-
    43  ic record and also publishes the material in  a  record  other  than  an
    44  electronic record may designate the electronic record as official if the
    45  publisher  complies  with sections fifteen-d, fifteen-f and fifteen-g of
    46  this article.
    47    § 15-d. Authentication of  official  electronic  record.  An  official
    48  publisher  of  legal material in an electronic record that is designated
    49  as official under section fifteen-c of this article  shall  authenticate
    50  the  record.   To authenticate an electronic record, the publisher shall
    51  provide a method for a user to determine that the record received by the
    52  user from the publisher is unaltered from the official record  published
    53  by the publisher.
    54    §  15-e.  Effect of authentication. 1. Legal material in an electronic
    55  record that is authenticated under section fifteen-d of this article  is
    56  presumed to be an accurate copy of the legal material.

        A. 5631                             3
 
     1    2.  If  another  state has adopted a law substantially similar to this
     2  article, legal material in an electronic record that  is  designated  as
     3  official  and  authenticated  by the official publisher in that state is
     4  presumed to be an accurate copy of the legal material.
     5    3. A party contesting the authentication of legal material in an elec-
     6  tronic  record authenticated under section fifteen-d of this article has
     7  the burden of proving by a preponderance of the evidence that the record
     8  is not authentic.
     9    § 15-f. Preservation and security of legal material in official  elec-
    10  tronic  record.  1.  An official publisher of legal material in an elec-
    11  tronic record that is  or  was  designated  as  official  under  section
    12  fifteen-c of this article shall provide for the preservation and securi-
    13  ty of the record in an electronic form or a form that is not electronic.
    14    2.  If  legal  material  is  preserved  under  subdivision one of this
    15  section in an electronic record, the official publisher shall:
    16    a. ensure the integrity of the record;
    17    b. provide for backup and disaster recovery of the record; and
    18    c. ensure the continuing usability of the material.
    19    § 15-g. Public access to legal material in official electronic record.
    20  An official publisher of legal material in an electronic record that  is
    21  required  to  be preserved under section fifteen-f of this article shall
    22  ensure that the material is reasonably available for use by  the  public
    23  on a permanent basis.
    24    § 15-h. Standards. In implementing this article, an official publisher
    25  of legal material in an electronic record shall consider:
    26    1. standards and practices of other jurisdictions;
    27    2. the most recent standards regarding authentication of, preservation
    28  and  security  of, and public access to, legal material in an electronic
    29  record and other electronic records,  as  promulgated  by  the  national
    30  standard-setting bodies;
    31    3. the needs of users of legal material in an electronic record;
    32    4.  the  views of governmental officials and entities and other inter-
    33  ested persons; and
    34    5. to the extent practicable, methods and technologies for the authen-
    35  tication of, preservation and security of, and public access  to,  legal
    36  material  which are compatible with the methods and technologies used by
    37  other official publishers in this state and in other  states  that  have
    38  adopted a law substantially similar to this article.
    39    §  15-i.  Uniformity  of application and construction. In applying and
    40  construing this uniform act, consideration must be given to the need  to
    41  promote  uniformity  of the law with respect to its subject matter among
    42  states that enact it.
    43    § 15-j. Relation to  electronic  signatures  in  global  and  national
    44  commerce  act.  This  article modifies, limits, and supersedes the elec-
    45  tronic signatures  in  global  and  national  commerce  act,  15  U.S.C.
    46  Section  7001  et seq., but does not modify, limit, or supersede Section
    47  101(c) of that act, 15 U.S.C. Section 7001(c), or  authorize  electronic
    48  delivery  of any of the notices described in Section 103(b) of that act,
    49  15 U.S.C. Section 7003(b).
    50    § 2. This act shall take effect immediately.
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