BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  SB 1075|
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                                 THIRD READING


          Bill No:  SB 1075
          Author:   Senate Rules Committee
          Amended:  As introduced
          Vote:     21

           
           SENATE JUDICIARY COMMITTEE  :  5-0, 4/17/12
          AYES:  Evans, Harman, Blakeslee, Corbett, Leno

          SENATE RULES COMMITTEE  :  5-0, 4/25/12
          AYES:  Steinberg, Dutton, Alquist, de León, Fuller

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/7/12
          AYES:  Kehoe, Walters, Alquist, Dutton, Lieu, Price, 
            Steinberg


           SUBJECT  :    Uniform Electronic Legal Material Act

           SOURCE  :     California Commission on Uniform State Laws


           DIGEST  :    This bill adopts the Uniform Electronic Legal 
          Material Act, which provides requirements for the 
          authentication, preservation, and security of electronic 
          legal material, as defined.  This bill designates the 
          Legislative Counsel Bureau (LCB) as the official publisher 
          for electronic legal material.  

           ANALYSIS  :    Existing law establishes the LCB and 
          proscribes activities and conduct of the LCB.  (Government 
          Code Section 10200 et seq.)  

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          Existing law provides that matters submitted to LCB that 
          have not become public record are confidential, unless 
          otherwise instructed by the person bringing the matter 
          before the LCB.  (Gov. Code Sec. 10208.)

          Existing law requires the LCB to make the California Codes 
          and statutes and the California Constitution available to 
          the public in electronic form.  (Gov. Code Sec. 
          10248(a)(8)-(10).)

          Existing law requires the LCB to maintain and operate an 
          information system in order to make information, as 
          specified, available to the public by means of access by 
          way of the largest nonproprietary, nonprofit cooperative 
          public computer network.  (Gov. Code Sec. 10248(b).)

          Existing law provides that any electronic public access 
          shall be in addition to other electronic or print 
          distribution of the information. (Gov. Code Sec. 10248(f).)

          This bill:

          1.Defines the following terms:  "electronic material," 
            "legal material," "official publisher," and "record." 

          2.Designates the LCB as the official publisher for 
            electronic legal material. 

          3.Requires that the official publisher must ensure the 
            accuracy of the record, provide for backup and disaster 
            recovery of the record, and ensure the continuing 
            usability of preserved electronic legal material. 

          4.Provides that where an official publisher publishes legal 
            material only in electronic form, the material must be 
            designated as official, and the legal material must be 
            authenticated, secure, and preserved. 

          5.Provides that where an official publisher publishes legal 
            material in an electronic record and in a record other 
            than electronic form, the electronic legal material may 
            only be designated as official if the publisher 
            authenticates and preserves the electronic record.


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          6.Specifies considerations, including the best practices of 
            other official publishers and states, which official 
            publishers must take into account in implementing the 
            Uniform Electronic Legal Material Act (UELMA). 

          7.Becomes operative on July 1, 2015.

           FISCAL EFFECT  :    Appropriation:  No  Fiscal Com.:  Yes  
          Local:  No

          According to the Senate Appropriations Committee:

           One-time costs of $135,000 to $165,000 (General Fund) for 
            set up, authentication, archiving, and onsite storage.

           Annual ongoing costs in the range of $40,000 to $70,000 
            (General Fund) for dark storage, licensing renewals, and 
            auditing/sampling.

           Unknown, future cost pressure for updating processes and 
            hardware/software to adapt to future revisions in 
            electronic data authentication and preservation 
            standards.

           SUPPORT  :   (Verified  5/9/12)

          California Commission on Uniform State Laws (source) 
          CalTax
          Council of California County Law Librarians
          Northern California Association of Law Libraries
          San Diego Area Law Libraries
          Southern California Association of Law Libraries

           ARGUMENTS IN SUPPORT  :    According to the author:
          
               In the digital age in which we live and given the 
               budget constraints many states are facing, official 
               documents are being published electronically without 
               focusing on the authentication, preservation, and 
               public accessibility of those materials.  California's 
               State Constitution, statutes, and codes are available 
               at www.leginfo.ca.gov.  However, that website does not 
               provide for authentication.  By adopting Ýthe Uniform 
               Electronic Legal Material Act] UELMA, through the 

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               passage of SB 1075, California would provide for the 
               authentication, preservation, and public access of 
               that legal material.  Because the law would be 
               uniform, judges, lawyers, and others who access the 
               law electronically will be able to rely on those legal 
               materials as authentic in California and, similarly, 
               would have the same assurance in those states that 
               have also adopted UELMA.

          The Council of California Law Librarians states: 

               We support SB 1075 because it will ensure that anyone 
               - whether a judge, legislator, lawyer or member of the 
               public - will be able to verify the trustworthiness of 
               California's legal material available to them online. 
               ? This bill addresses the urgent problem ? that more 
               and more states are putting their legal resources 
               online, without assuring trustworthiness and 
               reliability.  ? In adopting UELMA by enacting this 
               bill, California will establish itself as a leader 
               among states understanding that official, electronic 
               legal material must be authenticated, preserved and 
               made permanently available to the public.   


          RJG:nl  5/9/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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