Bill Text: MN SF2476 | 2011-2012 | 87th Legislature | Introduced
Bill Title: Uniform Electronic Legal Material Act
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-03-26 - Author added Jungbauer [SF2476 Detail]
Download: Minnesota-2011-SF2476-Introduced.html
1.2relating to state government; enacting the Uniform Electronic Legal Material Act
1.3approved by the National Conference of Commissioners on Uniform State Laws;
1.4proposing coding for new law as Minnesota Statutes, chapter 3E.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [3E.01] SHORT TITLE.
1.7This chapter may be cited as the "Uniform Electronic Legal Material Act."
1.8 Sec. 2. [3E.02] DEFINITIONS.
1.9 Subdivision 1. Scope. For the purposes of this chapter, the terms in this section
1.10have the meanings given them.
1.11 Subd. 2. Electronic. "Electronic" means relating to technology having electrical,
1.12digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
1.13 Subd. 3. Legal material. "Legal material" means, whether or not in effect:
1.14(1) the Minnesota Constitution;
1.15(2) Laws of Minnesota;
1.16(3) Minnesota Statutes; or
1.17(4) Minnesota Rules.
1.18 Subd. 4. Official publisher. "Official publisher" means:
1.19(1) for the Minnesota Constitution, the revisor of statutes;
1.20(2) for Laws of Minnesota, Minnesota Statutes, and Minnesota Rules, the revisor
1.21of statutes.
1.22 Subd. 5. Publish. "Publish" means to display, present, or release to the public or
1.23cause to be displayed, presented, or released to the public by the official publisher.
2.1 Subd. 6. Record. "Record" means information that is inscribed on a tangible
2.2medium or that is stored in an electronic or other medium and is retrievable in perceivable
2.3form.
2.4 Subd. 7. State. "State" means a state of the United States, the District of Columbia,
2.5Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject
2.6to the jurisdiction of the United States.
2.7 Sec. 3. [3E.03] APPLICABILITY.
2.8This chapter applies to all legal material in an electronic record that is designated as
2.9official under section 3E.04 and first published electronically on or after January 1, 2014.
2.10 Sec. 4. [3E.04] LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD.
2.11 Subdivision 1. Electronic publication only; requirements. If an official publisher
2.12publishes legal material only in an electronic record, the publisher shall:
2.13(1) designate the electronic record as official; and
2.14(2) comply with sections 3E.05, 3E.07, and 3E.08.
2.15 Subd. 2. Electronic and nonelectronic publication. An official publisher that
2.16publishes legal material in an electronic record and also publishes the material in a record
2.17other than an electronic record may designate the electronic record as official if the
2.18publisher complies with sections 3E.05, 3E.07, and 3E.08.
2.19 Sec. 5. [3E.05] AUTHENTICATION OF OFFICIAL ELECTRONIC RECORD.
2.20An official publisher of legal material in an electronic record that is designated as
2.21official under section 3E.04 shall authenticate the record. To authenticate an electronic
2.22record, the publisher shall provide a method for a user to determine that the record
2.23received by the user from the publisher is unaltered from the official record published by
2.24the publisher.
2.25 Sec. 6. [3E.06] EFFECT OF AUTHENTICATION.
2.26 Subdivision 1. Presumption of accuracy. Legal material in an electronic record
2.27that is authenticated under section 3E.05 is presumed to be an accurate copy of the legal
2.28material.
2.29 Subd. 2. Presumption in another state. If another state has adopted a law
2.30substantially similar to this chapter, legal material in an electronic record that is designated
2.31as official and authenticated by the official publisher in that state is presumed to be an
2.32accurate copy of the legal material.
3.1 Subd. 3. Burden of proof. A party contesting the authentication of legal material
3.2in an electronic record authenticated under section 3E.05 has the burden of proving by a
3.3preponderance of the evidence that the record is not authentic.
3.4 Sec. 7. [3E.07] PRESERVATION AND SECURITY OF LEGAL MATERIAL IN
3.5OFFICIAL ELECTRONIC RECORD.
3.6 Subdivision 1. Preservation and security required. An official publisher of
3.7legal material in an electronic record that is or was designated as official under section
3.83E.04 shall provide for the preservation and security of the record in an electronic form
3.9or a form that is not electronic.
3.10 Subd. 2. Requirements if preservation in electronic form. If legal material is
3.11preserved under subdivision 1 in an electronic record, the official publisher shall:
3.12(1) ensure the integrity of the record;
3.13(2) provide for backup and disaster recovery of the record; and
3.14(3) ensure the continuing usability of the material.
3.15 Sec. 8. [3E.08] PUBLIC ACCESS TO LEGAL MATERIAL IN OFFICIAL
3.16ELECTRONIC RECORD.
3.17An official publisher of legal material in an electronic record that is required to be
3.18preserved under section 3E.07 shall ensure that the material is reasonably available for
3.19use by the public on a permanent basis.
3.20 Sec. 9. [3E.09] STANDARDS.
3.21In implementing this chapter, an official publisher of legal material in an electronic
3.22record shall consider:
3.23(1) standards and practices of other jurisdictions;
3.24(2) the most recent standards regarding authentication of, preservation and security
3.25of, and public access to legal material in an electronic record and other electronic records,
3.26as promulgated by national standard-setting bodies;
3.27(3) the needs of users of legal material in an electronic record;
3.28(4) the views of governmental officials and entities and other interested persons; and
3.29(5) to the extent practicable, methods and technologies for the authentication of,
3.30preservation and security of, and public access to legal material which are compatible with
3.31the methods and technologies used by other official publishers in this state and in other
3.32states that have adopted a law substantially similar to this chapter.
4.1 Sec. 10. [3E.10] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
4.2AND NATIONAL COMMERCE ACT.
4.3This chapter modifies, limits, and supersedes the Electronic Signatures in Global and
4.4National Commerce Act, United States Code, title 15, section 7001 et seq., but does not
4.5modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section
4.67001(c), or authorize electronic delivery of any of the notices described in section 103(b)
4.7of that act, United States Code, title 15, section 7003(b).
4.8 Sec. 11. EFFECTIVE DATE.
4.9This act is effective January 1, 2014.
1.3approved by the National Conference of Commissioners on Uniform State Laws;
1.4proposing coding for new law as Minnesota Statutes, chapter 3E.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. [3E.01] SHORT TITLE.
1.7This chapter may be cited as the "Uniform Electronic Legal Material Act."
1.8 Sec. 2. [3E.02] DEFINITIONS.
1.9 Subdivision 1. Scope. For the purposes of this chapter, the terms in this section
1.10have the meanings given them.
1.11 Subd. 2. Electronic. "Electronic" means relating to technology having electrical,
1.12digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
1.13 Subd. 3. Legal material. "Legal material" means, whether or not in effect:
1.14(1) the Minnesota Constitution;
1.15(2) Laws of Minnesota;
1.16(3) Minnesota Statutes; or
1.17(4) Minnesota Rules.
1.18 Subd. 4. Official publisher. "Official publisher" means:
1.19(1) for the Minnesota Constitution, the revisor of statutes;
1.20(2) for Laws of Minnesota, Minnesota Statutes, and Minnesota Rules, the revisor
1.21of statutes.
1.22 Subd. 5. Publish. "Publish" means to display, present, or release to the public or
1.23cause to be displayed, presented, or released to the public by the official publisher.
2.1 Subd. 6. Record. "Record" means information that is inscribed on a tangible
2.2medium or that is stored in an electronic or other medium and is retrievable in perceivable
2.3form.
2.4 Subd. 7. State. "State" means a state of the United States, the District of Columbia,
2.5Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject
2.6to the jurisdiction of the United States.
2.7 Sec. 3. [3E.03] APPLICABILITY.
2.8This chapter applies to all legal material in an electronic record that is designated as
2.9official under section 3E.04 and first published electronically on or after January 1, 2014.
2.10 Sec. 4. [3E.04] LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD.
2.11 Subdivision 1. Electronic publication only; requirements. If an official publisher
2.12publishes legal material only in an electronic record, the publisher shall:
2.13(1) designate the electronic record as official; and
2.14(2) comply with sections 3E.05, 3E.07, and 3E.08.
2.15 Subd. 2. Electronic and nonelectronic publication. An official publisher that
2.16publishes legal material in an electronic record and also publishes the material in a record
2.17other than an electronic record may designate the electronic record as official if the
2.18publisher complies with sections 3E.05, 3E.07, and 3E.08.
2.19 Sec. 5. [3E.05] AUTHENTICATION OF OFFICIAL ELECTRONIC RECORD.
2.20An official publisher of legal material in an electronic record that is designated as
2.21official under section 3E.04 shall authenticate the record. To authenticate an electronic
2.22record, the publisher shall provide a method for a user to determine that the record
2.23received by the user from the publisher is unaltered from the official record published by
2.24the publisher.
2.25 Sec. 6. [3E.06] EFFECT OF AUTHENTICATION.
2.26 Subdivision 1. Presumption of accuracy. Legal material in an electronic record
2.27that is authenticated under section 3E.05 is presumed to be an accurate copy of the legal
2.28material.
2.29 Subd. 2. Presumption in another state. If another state has adopted a law
2.30substantially similar to this chapter, legal material in an electronic record that is designated
2.31as official and authenticated by the official publisher in that state is presumed to be an
2.32accurate copy of the legal material.
3.1 Subd. 3. Burden of proof. A party contesting the authentication of legal material
3.2in an electronic record authenticated under section 3E.05 has the burden of proving by a
3.3preponderance of the evidence that the record is not authentic.
3.4 Sec. 7. [3E.07] PRESERVATION AND SECURITY OF LEGAL MATERIAL IN
3.5OFFICIAL ELECTRONIC RECORD.
3.6 Subdivision 1. Preservation and security required. An official publisher of
3.7legal material in an electronic record that is or was designated as official under section
3.83E.04 shall provide for the preservation and security of the record in an electronic form
3.9or a form that is not electronic.
3.10 Subd. 2. Requirements if preservation in electronic form. If legal material is
3.11preserved under subdivision 1 in an electronic record, the official publisher shall:
3.12(1) ensure the integrity of the record;
3.13(2) provide for backup and disaster recovery of the record; and
3.14(3) ensure the continuing usability of the material.
3.15 Sec. 8. [3E.08] PUBLIC ACCESS TO LEGAL MATERIAL IN OFFICIAL
3.16ELECTRONIC RECORD.
3.17An official publisher of legal material in an electronic record that is required to be
3.18preserved under section 3E.07 shall ensure that the material is reasonably available for
3.19use by the public on a permanent basis.
3.20 Sec. 9. [3E.09] STANDARDS.
3.21In implementing this chapter, an official publisher of legal material in an electronic
3.22record shall consider:
3.23(1) standards and practices of other jurisdictions;
3.24(2) the most recent standards regarding authentication of, preservation and security
3.25of, and public access to legal material in an electronic record and other electronic records,
3.26as promulgated by national standard-setting bodies;
3.27(3) the needs of users of legal material in an electronic record;
3.28(4) the views of governmental officials and entities and other interested persons; and
3.29(5) to the extent practicable, methods and technologies for the authentication of,
3.30preservation and security of, and public access to legal material which are compatible with
3.31the methods and technologies used by other official publishers in this state and in other
3.32states that have adopted a law substantially similar to this chapter.
4.1 Sec. 10. [3E.10] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
4.2AND NATIONAL COMMERCE ACT.
4.3This chapter modifies, limits, and supersedes the Electronic Signatures in Global and
4.4National Commerce Act, United States Code, title 15, section 7001 et seq., but does not
4.5modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section
4.67001(c), or authorize electronic delivery of any of the notices described in section 103(b)
4.7of that act, United States Code, title 15, section 7003(b).
4.8 Sec. 11. EFFECTIVE DATE.
4.9This act is effective January 1, 2014.
