Bill Text: HI SB32 | 2013 | Regular Session | Introduced
Bill Title: Uniform Electronic Legal Material Act
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-04-16 - Act 011, 4/11/2013 (Gov. Msg. No. 1111). [SB32 Detail]
Download: Hawaii-2013-SB32-Introduced.html
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THE SENATE |
S.B. NO. |
32 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE UNIFORM ELECTRONIC LEGAL MATERIAL ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
"Chapter
UNIFORM ELECTRONIC LEGAL MATERIAL ACT
§ -1 Short title. This chapter may be cited as the Uniform Electronic Legal Material Act.
§ -2 Definitions. As used in this chapter:
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
"Legal material" means, whether or not in effect:
(1) The Constitution of the State of Hawaii;
(2) The session laws of Hawaii;
(3) The Hawaii Revised Statutes;
(4) A state agency rule that has or had the effect of law;
(5) Reported decisions of the following state courts: the supreme court of the State of Hawaii and the intermediate appellate court of the State of Hawaii; or
(6) State court rules.
"Official publisher" means:
(1) For the Constitution of the State of Hawaii, the revisor of statutes;
(2) For the session laws of Hawaii, the revisor of statutes;
(3) For the Hawaii Revised Statutes, the revisor of statutes;
(4) For any administrative agency rules, the office of the governor;
(5) For a state court decision included under paragraph (5) of the definition of "legal material", the supreme court; or
(6) For state court rules, the supreme court.
"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.
"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.
"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.
§ -3 Applicability. This chapter applies to all legal material in an electronic record that is designated as official under section -4 and first published electronically on or after the effective date of this chapter.
§ -4 Legal material in official electronic record. (a) If an official publisher publishes legal material only in an electronic record, the publisher shall:
(1) Designate the electronic record as official; and
(2) Comply with sections -5, -7, and -8.
(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 ‑5, -7, and -8.
§ -5 Authentication of official electronic record. An official publisher of legal material in an electronic record that is designated as official under section -4 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.
§ -6 Effect of authentication. (a) Legal material in an electronic record that is authenticated under section -5 is presumed to be an accurate copy of the legal material.
(b) If another state has adopted a law substantially similar to this chapter, 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 ‑5 has the burden of proving by a preponderance of the evidence that the record is not authentic.
§ -7 Preservation and security of legal material in official electronic record. (a) An official publisher of legal material in an electronic record that is or was designated as official under section -4 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 subsection (a) in an electronic record, the official publisher shall:
(1) Ensure the integrity of the record;
(2) Provide for backup and disaster recovery of the record; and
(3) Ensure the continuing usability of the material.
§ -8 Public access to legal material in official electronic record. An official publisher of legal material in an electronic record that is required to be preserved under section -7 shall ensure that the material is reasonably available for use by the public on a permanent basis.
§ -9 Standards. In implementing this chapter, an official publisher of legal material in an electronic record shall consider:
(1) Standards and practices of other jurisdictions;
(2) 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;
(3) The needs of users of legal material in an electronic record;
(4) The views of governmental officials and entities and other interested persons; and
(5) To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are compatible with the methods and technologies used by other official publishers in this State and in other states that have adopted a law substantially similar to this chapter.
§ -10 Uniformity of application and construction. In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
§ -11 Relation to Electronic Signatures in Global and National Commerce Act. This chapter modifies, limits, and supersedes the 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 2. This Act shall take effect on July 1, 2013.
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INTRODUCED BY: |
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Report Title:
Uniform Electronic Legal Material Act
Description:
Establishes authentication and other requirements for selected legal materials if they are published exclusively in electronic form. Does not require electronic publication.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
