Enacts the "uniform electronic legal material act"

BILL NUMBER:S4606

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 create standards and a framework for the management of electronic legal information in a manner that guarantees the trustworthiness of, and continuing access to, important state legal material.

Summary of provisions

This bill amends the New York State Printing and Public Documents Law by adding a new article 3-A, entitled the Uniform Electronic Legal Material Act. The Article would add the following sections of law:

Section 15-a - Definitions.

15-b - Applicability.

15-c - Legal material in official electronic record. This section provides that, if an official publisher publishes legal material only in an electronic record, the publisher shall designate the electronic record as official.

15-d - Authentication of official electronic record. This section provides that an official electronic record shall be authenticated by the official publisher.

15-e - Effect of authentication. This section provides that authenticated legal material in an electronic record is presumed to be an accurate copy of the legal material. In addition, 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.

Justification

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, accountability, and citizen participation. Yet, increased access to this information 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 framework 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 long-term value in a usable format, and 3) make the state's legal materials easily, and permanently, accessible.

Legislative history

New bill

Fiscal implications

None

Effective date

Immediately