Bill Text: NY A01922 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the department of state to conduct a study on the use of legal material in an electronic format that guarantees the authenticity of and access to such legal materials.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2018-06-12 - REFERRED TO RULES [A01922 Detail]

Download: New_York-2017-A01922-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         1922--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced by M. of A. LIFTON, STIRPE, O'DONNELL, GALEF -- read once and
          referred  to  the  Committee  on  Governmental Operations -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
        AN ACT to amend the New York state printing and public documents law, in
          relation to enacting the "uniform electronic legal material act"
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The New York state printing and  public  documents  law  is
     2  amended by adding a new article 3-A to read as follows:
     3                                 ARTICLE 3-A
     4                    UNIFORM ELECTRONIC LEGAL MATERIAL ACT
     5  Section 15.   Short title.
     6          15-a. Definitions.
     7          15-b. Applicability.
     8          15-c. Legal material in official electronic record.
     9          15-d. Authentication of official electronic record.
    10          15-e. Effect of authentication.
    11          15-f. Preservation  and  security  of legal material in official
    12                  electronic record.
    13          15-g. Public access to legal  material  in  official  electronic
    14                record.
    15          15-h. Standards.
    16          15-i. Uniformity of application and construction.
    17          15-j. Relation  of  electronic signatures in global and national
    18                  commerce act.
    19    § 15. Short title. This article shall be known and may be cited as the
    20  "uniform electronic legal material act".
    21    § 15-a. Definitions. In this article:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07919-04-7
        A. 1922--B                          2
     1    1.  "Electronic"  means  relating  to  technology  having  electrical,
     2  digital,  magnetic, wireless, optical, electromagnetic, or similar capa-
     3  bilities.
     4    2. "Legal material" means, whether or not in effect:
     5    a. the constitution of the state of New York;
     6    b. the laws of the state of New York;
     7    c.  a  state  agency  rule, regulation or decision that has or had the
     8  effect of law;
     9    d. material published in the New York register;
    10    e. the New York code of rules and regulations.
    11    3. "Official publisher" means:
    12    a. for the constitution of the state of New York, the legislative bill
    13  drafting commission;
    14    b. for the laws of the state of New York, the legislative bill  draft-
    15  ing commission;
    16    c. for a state agency rule, regulation or decision that has or had the
    17  effect of law, the state agency;
    18    d.  for  material published in the New York register, the secretary of
    19  state;
    20    e. for the New York code of rules  and  regulations,  the  legislative
    21  bill drafting commission.
    22    4.  "Publish"  means to display, present, or release to the public, or
    23  cause to be displayed, presented, or released  to  the  public,  by  the
    24  official publisher.
    25    5.  "Record"  means information that is inscribed on a tangible medium
    26  or that is stored in an electronic or other medium and is retrievable in
    27  perceivable form.
    28    6. "State" means a state of the United States, the District of  Colum-
    29  bia,  Puerto Rico, the United States Virgin Islands, or any territory or
    30  insular possession subject to the jurisdiction of the United States.
    31    § 15-b. Applicability. This article applies to all legal  material  in
    32  an  electronic  record  that  is  designated  as  official under section
    33  fifteen-c of this article and first published electronically on or after
    34  the effective date of this article.
    35    § 15-c. Legal material in official electronic record. 1. If  an  offi-
    36  cial  publisher  publishes  legal material only in an electronic record,
    37  the publisher shall:
    38    a. designate the electronic record as official; and
    39    b. comply with sections fifteen-d, fifteen-f  and  fifteen-g  of  this
    40  article.
    41    2. An official publisher that publishes legal material in an electron-
    42  ic  record  and  also  publishes  the material in a record other than an
    43  electronic record may designate the electronic record as official if the
    44  publisher complies with sections fifteen-d, fifteen-f and  fifteen-g  of
    45  this article.
    46    §  15-d.  Authentication  of  official  electronic record. An official
    47  publisher of legal material in an electronic record that  is  designated
    48  as  official  under section fifteen-c of this article shall authenticate
    49  the record.  To authenticate an electronic record, the  publisher  shall
    50  provide a method for a user to determine that the record received by the
    51  user  from the publisher is unaltered from the official record published
    52  by the publisher.
    53    § 15-e. Effect of authentication. 1. Legal material in  an  electronic
    54  record  that is authenticated under section fifteen-d of this article is
    55  presumed to be an accurate copy of the legal material.
        A. 1922--B                          3
     1    2. If another state has adopted a law substantially  similar  to  this
     2  article,  legal  material  in an electronic record that is designated as
     3  official and authenticated by the official publisher in  that  state  is
     4  presumed to be an accurate copy of the legal material.
     5    3. A party contesting the authentication of legal material in an elec-
     6  tronic  record authenticated under section fifteen-d of this article has
     7  the burden of proving by a preponderance of the evidence that the record
     8  is not authentic.
     9    § 15-f. Preservation and security of legal material in official  elec-
    10  tronic  record.  1.  An official publisher of legal material in an elec-
    11  tronic record that is  or  was  designated  as  official  under  section
    12  fifteen-c of this article shall provide for the preservation and securi-
    13  ty of the record in an electronic form or a form that is not electronic.
    14    2.  If  legal  material  is  preserved  under  subdivision one of this
    15  section in an electronic record, the official publisher shall:
    16    a. ensure the integrity of the record;
    17    b. provide for backup and disaster recovery of the record; and
    18    c. ensure the continuing usability of the material.
    19    § 15-g. Public access to legal material in official electronic record.
    20  An official publisher of legal material in an electronic record that  is
    21  required  to  be preserved under section fifteen-f of this article shall
    22  ensure that the material is reasonably available for use by  the  public
    23  on a permanent basis.
    24    § 15-h. Standards. In implementing this article, an official publisher
    25  of legal material in an electronic record shall consider:
    26    1. standards and practices of other jurisdictions;
    27    2. the most recent standards regarding authentication of, preservation
    28  and  security  of, and public access to, legal material in an electronic
    29  record and other electronic records,  as  promulgated  by  the  national
    30  standard-setting bodies;
    31    3. the needs of users of legal material in an electronic record;
    32    4.  the  views of governmental officials and entities and other inter-
    33  ested persons; and
    34    5. to the extent practicable, methods and technologies for the authen-
    35  tication of, preservation and security of, and public access  to,  legal
    36  material  which are compatible with the methods and technologies used by
    37  other official publishers in this state and in other  states  that  have
    38  adopted a law substantially similar to this article.
    39    §  15-i.  Uniformity  of application and construction. In applying and
    40  construing this uniform act, consideration must be given to the need  to
    41  promote  uniformity  of the law with respect to its subject matter among
    42  states that enact it.
    43    § 15-j. Relation to  electronic  signatures  in  global  and  national
    44  commerce  act.  This  article modifies, limits, and supersedes the elec-
    45  tronic signatures  in  global  and  national  commerce  act,  15  U.S.C.
    46  Section  7001  et seq., but does not modify, limit, or supersede Section
    47  101(c) of that act, 15 U.S.C. Section 7001(c), or  authorize  electronic
    48  delivery  of any of the notices described in Section 103(b) of that act,
    49  15 U.S.C. Section 7003(b).
    50    § 2. This act shall take effect immediately.