BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1075|
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UNFINISHED BUSINESS
Bill No: SB 1075
Author: Senate Rules Committee
Amended: 6/26/12
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 Le�n, Fuller
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/7/12
AYES: Kehoe, Walters, Alquist, Dutton, Lieu, Price,
Steinberg
SENATE FLOOR : 39-0, 5/29/12 (Consent)
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, De Le�n, DeSaulnier, Dutton,
Emmerson, Evans, Fuller, Gaines, Hancock, Harman,
Hernandez, Huff, Kehoe, La Malfa, Leno, Lieu, Liu,
Lowenthal, Negrete McLeod, Padilla, Pavley, Price, Rubio,
Simitian, Steinberg, Strickland, Vargas, Walters, Wolk,
Wright, Wyland, Yee
NO VOTE RECORDED: Runner
ASSEMBLY FLOOR : 79-0, 8/16/12 (Consent) - See last page
for vote
SUBJECT : Uniform Electronic Legal Material Act
SOURCE : California Commission on Uniform State Laws
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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.
Assembly Amendments make technical changes relative to code
numbers.
ANALYSIS : Existing law establishes the LCB and
proscribes activities and conduct of the LCB. (Government
Code Section 10200 et seq.)
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.
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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.
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 8/16/12)
California Commission on Uniform State Laws (source)
CalTax
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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 �the Uniform
Electronic Legal Material Act] UELMA, through the
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 County 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.
ASSEMBLY FLOOR : 79-0, 8/16/12
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Block, Blumenfield, Bonilla, Bradford,
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Brownley, Buchanan, Butler, Charles Calderon, Campos,
Carter, Cedillo, Chesbro, Conway, Cook, Davis, Dickinson,
Donnelly, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani,
Beth Gaines, Galgiani, Garrick, Gatto, Gordon, Gorell,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Roger
Hern�ndez, Hill, Huber, Hueso, Huffman, Jeffries, Jones,
Knight, Logue, Bonnie Lowenthal, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Norby, Olsen, Pan, Perea, V. Manuel P�rez, Portantino,
Silva, Skinner, Smyth, Solorio, Swanson, Torres, Valadao,
Wagner, Wieckowski, Williams, Yamada, John A. P�rez
NO VOTE RECORDED: Lara
RJG:n 8/17/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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