BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1075| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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.) CONTINUED SB 1075 Page 2 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. CONTINUED SB 1075 Page 3 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 CONTINUED SB 1075 Page 4 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 **** END **** CONTINUED