BILL NUMBER: SB 1075	INTRODUCED
	BILL TEXT


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

                        FEBRUARY 14, 2012

   An act to add Article 3 (commencing with Section 10260) 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 introduced, 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 (commencing with Section 10260) is added to
Chapter 1 of Part 2 of Division 2 of Title 2 of the Government Code,
to read:

      Article 3.  Uniform Electronic Legal Material Act


   10260.  This article may be cited as the Uniform Electronic Legal
Material Act.
   10261.  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.  This article applies to all legal material in an
electronic record that is designated as official under Section 10263
and first published electronically on or after July 1, 2015.
   10263.  (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.
   (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.
   10264.  An official publisher of legal material in an electronic
record that is designated as official under Section 10263 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.  (a) Legal material in an electronic record that is
authenticated under Section 10264 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 has the burden of
proving by a preponderance of the evidence that the record is not
authentic.
   10266.  (a) An official publisher of legal material in an
electronic record that is or was designated as official under Section
10263 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.  An official publisher of legal material in an electronic
record that must be preserved under Section 10266 shall ensure that
the material is reasonably available for use by the public on a
permanent basis.
   10268.  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.  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.  This article modifies, limits, or 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).
  SEC. 2.  This act shall become operative on July 1, 2015.