Bill Text: CA SB1075 | 2011-2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Uniform Electronic Legal Material Act.

Spectrum: Bipartisan Bill

Status: (Passed) 2012-09-13 - Chaptered by Secretary of State. Chapter 310, Statutes of 2012. [SB1075 Detail]

Download: California-2011-SB1075-Amended.html

---

BILL NUMBER: SB 1075	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 26, 2012

INTRODUCED BY   Committee on Rules (Senators Steinberg (Chair),
Alquist, De León, Dutton, and Fuller)

                        FEBRUARY 14, 2012

   An act to add Article  3   4 
(commencing with Section  10260)   10290) 
to Chapter 1 of Part 2 of Division 2 of Title 2 of the Government
Code, relating to the Uniform Electronic Legal Material Act.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1075, as amended, Committee on Rules. Uniform Electronic Legal
Material Act.
   Existing law establishes the Legislative Counsel Bureau and
provides that the chief of the bureau is the Legislative Counsel.
Existing law requires the Legislative Counsel, with the advice of the
Assembly Committee on Rules and the Senate Committee on Rules, to
make specified legislative materials, bills, codes, and statutes
available to the public in electronic form.
   This bill would enact the Uniform Electronic Legal Material Act,
which would provide for the official designation, authentication, and
preservation of certain legal material in electronic records by an
official publisher. The bill would designate the Legislative Counsel
Bureau as the official publisher for purposes of the act and would
make the act operative on July 1, 2015.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Article  3   4  (commencing
with Section  10260)   10290)  is added to
Chapter 1 of Part 2 of Division 2 of Title 2 of the  Government Code,
to read:

      Article  3.   4.   Uniform Electronic
Legal Material Act


    10260.   10290.   This article may be
cited as the Uniform Electronic Legal Material Act.
    10261.   10291.   As used in this
article:
   (a) "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar
capabilities.
   (b) "Legal material" means all of the following, whether or not in
effect:
   (1) The California Constitution.
   (2) The statutes of this state.
   (3) The California Codes.
   (c) "Official publisher" for electronic legal material means the
Legislative Counsel Bureau.
   (d) "Publish" means to display, present, or release to the public,
or cause to be displayed, presented, or released to the public, by
the official publisher.
   (e) "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.
   (f) "State" means a state of the United States, the District of
Columbia, Puerto Rico, the United States Virgin Islands, or any
territory or insular possession subject to the jurisdiction of the
United States.
    10262.   10292.   This article applies
to all legal material in an electronic record that is designated as
official under Section  10263   10293  and
first published electronically on or after July 1, 2015.
    10263.   10293.   (a) If an official
publisher publishes legal material only in an electronic record, the
publisher shall do all of the following:
   (1) Designate the electronic record as official.
   (2) Comply with Sections  10264, 10266, and 10267
  10294, 10296, and 10297  .
   (b) An official publisher that publishes legal material in an
electronic record and also publishes the material in a record other
than an electronic record may designate the electronic record as
official if the publisher complies with Sections  10264,
10266, and 10267   10294, 10296, and 10297  .
    10264.   10294.   An official publisher
of legal material in an electronic record that is designated as
official under Section  10263   10293 
shall authenticate the record. To authenticate an electronic record,
the publisher shall provide a method for a user to determine that the
record received by the user from the publisher is unaltered from the
official record published by the publisher.
    10265.   10295.   (a) Legal material in
an electronic record that is authenticated under Section 
10264   10294  is presumed to be an accurate copy
of the legal material.
   (b) If another state has adopted a law substantially similar to
this article, legal material in an electronic record that is
designated as official and authenticated by the official publisher in
that state is presumed to be an accurate copy of the legal material.

   (c) A party contesting the authentication of legal material in an
electronic record authenticated under Section  10264
  10294  has the burden of proving by a
preponderance of the evidence that the record is not authentic.
    10266.   10296.   (a) An official
publisher of legal material in an electronic record that is or was
designated as official under Section  10263  
10293  shall provide for the preservation and security of the
record in an electronic form or a form that is not electronic.
   (b) If legal material is preserved under subdivision (a) in an
electronic record, the official publisher shall do all of the
following:
   (1) Ensure the integrity of the record.
   (2) Provide for backup and disaster recovery of the record.
   (3) Ensure the continuing usability of the material.
    10267.   10297.   An official publisher
of legal material in an electronic record that must be preserved
under Section  10266   10296  shall ensure
that the material is reasonably available for use by the public on a
permanent basis.
    10268.   10298.   In implementing this
article, an official publisher of legal material in an electronic
record shall consider all of the following:
   (a) Standards and practices of other jurisdictions.
   (b) The most recent standards regarding authentication of,
preservation and security of, and public access to, legal material in
an electronic record and other electronic records, as promulgated by
national standard-setting bodies.
   (c) The needs of users of legal material in an electronic record.
   (d) The views of governmental officials and entities and other
interested persons.
   (e) To the extent practicable, the use of methods and technologies
for the authentication of, preservation and security of, and public
access to, legal material which are compatible with the methods and
technologies used by other official publishers in this state and in
other states that have adopted the Uniform Electronic Legal Material
Act.
    10269.   10299.   In applying and
construing this article, consideration must be given to the need to
promote uniformity of the law with respect to its subject matter
among states that enact it.
    10270.   10300.   This article
modifies, limits, or supersedes the  federal  Electronic
Signatures in Global and National Commerce  Act, 15 
 Act (15  U.S.C.  Section   Sec. 
7001 et  seq.,   seq.)  but does not
modify, limit, or supersede Section 101(c) of that  act, 15
  act (15  U.S.C.  Section 7001(c),
  Sec. 7001(c))  or authorize electronic delivery
of any of the notices described in Section 103(b) of that 
act, 15   act (15  U.S.C.  Section 7003(b)
  Sec. 7003(b))  .
  SEC. 2.  This act shall become operative on July 1, 2015.