AUTHENTICATION AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT

Similar documents
UNIFORM UNSWORN FOREIGN DECLARATIONS ACT

UNIFORM RESIDENTIAL MORTGAGE SATISFACTION ACT * UNIFORM RESIDENTIAL MORTGAGE SATISFACTION ACT

FAITHFUL PRESIDENTIAL ELECTORS ACT

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

UNIFORM UNSWORN DECLARATIONS ACT

FIDUCIARY ACCESS TO DIGITAL ASSETS ACT FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

FAITHFUL PRESIDENTIAL ELECTORS ACT FAITHFUL PRESIDENTIAL ELECTORS ACT

FAMILY LAW ARBITRATION ACT

UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT

UNIFORM COLLABORATIVE LAW ACT

AMENDMENTS TO UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC-VIOLENCE PROTECTION ORDERS ACT *

REVISED UNIFORM LAW ON NOTARIAL ACTS

AMENDMENT TO REVISED UNIFORM LAW ON NOTARIAL ACTS

Summary of Committee Discussion/Questions No discussion or questions occurred among Committee members prior to approval of the proposed policy.

UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

UNIFORM REAL PROPERTY ELECTRONIC RECORDATION ACT

UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

INTERJURISDICTIONAL RECOGNITION OF SUBSTITUTE DECISION-MAKING DOCUMENTS ACT INTERJURISDICTIONAL RECOGNITION OF SUBSTITUTE

RESIDENTIAL MORTGAGE SATISFACTION ACT

FAMILY LAW ARBITRATION ACT

MODEL VETERANS COURT ACT

REVISED UNIFORM LAW ON NOTARIAL ACTS

STATE OF NEW JERSEY N J L R C NEW JERSEY LAW REVISION COMMISSION FINAL REPORT. Relating to RESIDENTIAL MORTGAGE SATISFACTION ACT.

AMENDMENT TO REVISED UNIFORM LAW ON NOTARIAL ACTS

UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (2005) * UNIFORM FOREIGN-COUNTRY MONEY JUDGMENTS RECOGNITION ACT (2005)

REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT (2015)

INTERJURISDICTIONAL RECOGNITION OF ADVANCE PLANNING DOCUMENTS

REVISED UNIFORM LAW ON NOTARIAL ACTS

UNIFORM RESIDENTIAL MORTGAGE SATISFACTION ACT

RECOGNITION AND ENFORCEMENT OF CANADIAN DOMESTIC VIOLENCE PROTECTION ORDERS

UNIFORM MILITARY AND OVERSEAS VOTERS ACT

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 1999 S 1 SENATE BILL 1266

NEVADA REVISED STATUTES. Title 59 - ELECTRONIC RECORDS AND TRANSACTIONS CHAPTER 719 ELECTRONIC TRANSACTIONS (UNIFORM ACT)

NC General Statutes - Chapter 36F 1

As Introduced. 132nd General Assembly Regular Session S. B. No

Title 10: COMMERCE AND TRADE

UNIFORM FAITHFUL PRESIDENTIAL ELECTORS ACT

AMENDMENT TO REVISED UNIFORM LAW ON NOTARIAL ACTS

AMENDMENT TO THE UNIFORM MEDIATION ACT TO ADD AN ARTICLE REGARDING INTERNATIONAL COMMERCIAL CONCILIATION

UNIFORM MILITARY SERVICES AND OVERSEAS CIVILIAN ABSENTEE VOTERS ACT

First Regular Session Seventy-first General Assembly STATE OF COLORADO INTRODUCED SENATE SPONSORSHIP HOUSE SPONSORSHIP

THE UNIFORM ELECTRONIC LEGAL MATERIAL ACT: DESIRABLE AND PRACTICABLE FOR NORTH DAKOTA?

HARMONIZED UNIFORM STATUTORY TRUST ENTITY ACT (Amendments to Uniform Statutory Trust Entity Act)

CIVIL REMEDIES FOR UNAUTHORIZED DISCLOSURE OF INTIMATE IMAGES ACT

Mrs. Yuen s Final Exam. Study Packet. your Final Exam will be held on. Part 1: Fifty States and Capitals (100 points)

SUPREME COURT OF PENNSYLVANIA CIVIL PROCEDURAL RULES COMMITTEE

VOTER WHERE TO MAIL VOTER REGISTRATION FORM. Office of the Secretary of State P.O. Box 5616 Montgomery, AL

Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

NC General Statutes - Chapter 35B 1

APPORTIONMENT OF TORT RESPONSIBILITY ACT APPORTIONMENT OF TORT RESPONSIBILITY ACT

UNIFORM CERTIFICATION OF QUESTIONS OF LAW [ACT] [RULE] (199_) UNIFORM CERTIFICATION OF QUESTIONS OF LAW [ACT] [RULE] (199_)

OFFICIAL POLICY. Policy Statement

UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT

AMENDMENTS TO UNIFORM COMMERCIAL CODE ARTICLE 9

UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE ORDERS ACT UNIFORM INTERSTATE ENFORCEMENT OF DOMESTIC VIOLENCE ORDERS ACT

H 7502 SUBSTITUTE A ======== LC004302/SUB A ======== S T A T E O F R H O D E I S L A N D

U.S. Code Title 15 Commerce and Trade Chapter 96 Electronic Signature in Global and National Commerce Act Section General rule of validity

IMPLEMENTATION OF HAGUE CONVENTION ON PROTECTION OF CHILDREN

PROBATE, ESTATES AND FIDUCIARIES CODE (20 PA.C.S.) - UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION Act of Jul. 5, 2012, P.L.

UNIFORM MILITARY AND OVERSEAS VOTERS ACT*

UNIFORM CHILD-CUSTODY JURISDICTION AND ENFORCEMENT ACT (WITH 2013 AMENDMENTS PERTAINING TO INTERNATIONAL PROCEEDINGS)*

H. R [Report No , Parts I and II]

ELECTRONIC WILLS ACT

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2015 H 1 HOUSE BILL 817. Short Title: Enact Uniform Law on Adult Guardianship. (Public)

WAGE GARNISHMENT ACT

NC General Statutes - Chapter 32C Article 1 1

H 7502 S T A T E O F R H O D E I S L A N D

IMPLEMENTATION OF HAGUE CONVENTION ON PROTECTION OF CHILDREN

AMENDMENTS TO UNIFORM COMMERCIAL CODE ARTICLE 9 AMENDMENTS TO UNIFORM COMMERCIAL CODE ARTICLE 9

The Uniform Interstate Depositions and Discovery Act

CHAPTER 137. AUTHENTICATIONS AND ELECTRONIC TRANSACTIONS AND RECORDS SUBCHAPTER I

NASS Support for the Revised National Electronic Notarization Standards

ELECTRONIC TRANSACTIONS LAW

SECTION 1. SHORT TITLE. This [act] may be cited as the Uniform Family Law

CHAPTER 53 UNIFORM ADULT GUARDIANSHIP JURISDICTION

Annex A ELECTRONIC TRANSACTIONS LAW

Obligation of good faith.

UNCITRAL E-SIGN UETA COMPARISON 1

IC ARTICLE 39. REVISED UNIFORM FIDUCIARY ACCESS TO DIGITAL ASSETS ACT

UNIFORM RULES RELATING TO DISCOVERY OF ELECTRONICALLY STORED INFORMATION

MONTANA CODE ANNOTATED

1. Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

UNIFORM DETERMINATION OF DEATH ACT

This title may be cited as the Uniform Electronic Transactions Act.

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL

AMENDMENTS TO UNIFORM ATHLETE AGENTS ACT (2000) ( )

1 ELECTRONIC COMMUNICATIONS IN CONTRACTUAL TRANSACTIONS 2 DRAFT TABLE OF CONTENTS 3 PART 1 4 GENERAL PROVISIONS

UNIFORM NOTICE OF REGULATION A TIER 2 OFFERING Pursuant to Section 18(b)(3), (b)(4), and/or (c)(2) of the Securities Act of 1933

AMENDMENT TO REVISED UNIFORM LAW ON NOTARIAL ACTS*

REVISOR PMM/NB A

REVISED ORDER GRANTING DEBTORS SEVENTEENTH OMNIBUS OBJECTION TO CLAIMS (Tax Claims Assumed by General Motors, LLC)

Have you read your State Enabling Legislation? Presented by: Linda Yelverton, LA Mary Griffin, TN

2013 CSG Leadership Council 2013 LEADERSHIP COUNCIL

ACTION: Notice announcing addresses for summons and complaints. SUMMARY: Our Office of the General Counsel (OGC) is responsible for processing

WYOMING POPULATION DECLINED SLIGHTLY

REVISED UNIFORM ATHLETE AGENTS ACT (2015)*

Use of singular and plural; gender. NC General Statutes - Chapter 25 Article 1 1

REVISED UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT

CHAPTER 308B ELECTRONIC TRANSACTIONS

Transcription:

D R A F T FOR DISCUSSION ONLY AUTHENTICATION AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS November 0, 0 Committee Meeting Draft Without Prefatory Note or Comments Copyright 00 NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS The ideas and conclusions set forth in this draft, including the proposed statutory language and any comments or reporter=s notes, have not been passed upon by the National Conference of Commissioners on Uniform State Laws or the Drafting Committee. They do not necessarily reflect the views of the Conference and its Commissioners and the Drafting Committee and its Members and Reporter. Proposed statutory language may not be used to ascertain the intent or meaning of any promulgated final statutory proposal. October, 0

DRAFTING COMMITTEE FOR AUTHENTICATION AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT The Committee appointed by and representing the National Conference of Commissioners on Uniform State Laws in drafting this Act consists of the following individuals: MICHELE L. TIMMONS, 00 State Office Bldg., 0 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN, Chair JERRY L. BASSETT, 1 Alabama State House, S. Union St., Montgomery, AL DAVID D. BIKLEN, N. Beacon St., Hartford, CT 0 DIANE F. BOYER-VINE, State Capitol, Room 01, Sacramento, CA 1- STEPHEN Y. CHOW, Summer St., Boston, MA 00- VINCENT C. DeLIBERATO, Jr., Main Capitol Bldg., Room 1, Harrisburg, PA 1-00 GENE H. HENNIG, 00 IDS Center, 0 South Eighth St., Minneapolis, MN 0- STEVEN L.WILLBORN, University of Nebraska College of Law, Ross McCollum Hall, & Fair St., P.O. Box 00, Lincoln, NE -00 BARBARA A. BINTLIFF, University of Texas School of Law, E. Dean Keeton St., Austin, TX 0, Reporter EX OFFICIO ROBERT A. STEIN, University of Minnesota Law School, th Avenue S., Minneapolis, MN, President JACK DAVIES, 1 Yale Pl., Unit 00, Minneapolis, MN 0-1, Division Chair AMERICAN BAR ASSOCIATION ADVISOR LUCY THOMSON, N. Quaker Dr., Alexandria, VA 0, ABA Advisor PHYLLIS B. PICKETT, 01 Legislative Office Bldg., 00 N. Salisbury St., Raleigh, NC 0, ABA Section Advisor EXECUTIVE DIRECTOR JOHN A. SEBERT, 1 N. Wabash Ave., Suite, Chicago, IL 00, Executive Director Copies of this Act may be obtained from: NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS 1 N. Wabash Ave., Suite Chicago, Illinois 00 1/0-00 www.nccusl.org

AUTHENTICATION AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT TABLE OF CONTENTS SECTION 1. SHORT TITLE.... 1 SECTION. DEFINITIONS.... 1 SECTION. OFFICIAL ELECTRONIC LEGAL MATERIAL.... SECTION. AUTHENTICATION OF ELECTRONIC LEGAL MATERIAL... SECTION. EFFECT OF AUTHENTICATION.... SECTION. PRESERVATION OF ELECTRONIC LEGAL MATERIAL.... SECTION. PUBLIC ACCESS TO ELECTRONIC LEGAL MATERIAL.... SECTION. STANDARDS.... SECTION. UNIFORMITY OF APPLICATION AND CONSTRUCTION.... SECTION. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.... SECTION. EFFECTIVE DATE....

1 1 1 1 0 1 AUTHENTICATION AND PRESERVATION OF STATE ELECTRONIC LEGAL MATERIALS ACT SECTION 1. SHORT TITLE. This [act] may be cited as the Authentication and Preservation of State Electronic Legal Materials Act. SECTION. DEFINITIONS. In this [act]: (1) Electronic means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. law][;] [and] [and] effect][;] [and] () Legal material means any of the following records created in this state: (A) a law or statute enacted by the [state legislature]; (B) a codified law or statute; [and] (C) an administrative rule adopted under [the state administrative procedures [(D) any other state administrative rule][;] [and] [(E) a decision of a state administrative agency that has precedential effect][;] [(F) an appellate judicial decision or other judicial decision that has precedential [(G) any other record, as specified]]. () Official publisher means, for the following legal material: (A) a law or statute enacted by the [state legislature], the [agency or official]; (B) a codified law or statute, the [agency or official]; [and] (C) an administrative rule adopted under [the state administrative procedures law], the [agency or official][;] [and] 1

1 1 1 1 0 1 [(D) any other state administrative rule, the [agency or official][;] [and] [(E) a decision of a state administrative agency that has precedential effect, the [agency or official][;] [and] [(F) an appellate judicial decision or other judicial decision that has precedential effect, the [agency or official][;] [and] [(G) any other record specified, the [agency or official][;] [and] [(H) any legal material for which no official publisher is designated, the [secretary of state or other agency or official]]. () Publish means to display, present, or release to the public. () 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. () 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. SECTION. OFFICIAL ELECTRONIC LEGAL MATERIAL. (a) If the official publisher of legal material publishes a print version of the legal material, the official publisher may designate an electronic version as official if the requirements of Sections,, and are met. (b) If the official publisher of legal material publishes the legal material only in an electronic version, the official publisher shall: (1) designate the electronic version as official; and () meet the requirements of Sections,, and. SECTION. AUTHENTICATION OF ELECTRONIC LEGAL MATERIAL. The

1 1 1 1 0 1 official publisher of legal material in an electronic record that is designated as official under Section shall authenticate the record. To authenticate the record, the official publisher shall: (1) certify that the electronic record is a true and correct copy of the legal material; () provide sufficient information to determine that the certification is valid; and( ) provide a method for users to determine that the electronic record is unaltered from the one published by the official publisher. SECTION. EFFECT OF AUTHENTICATION. (a) Legal material in an electronic record that is authenticated under Section is presumed to be a true and correct copy of the legal material. (b) Legal material in an electronic record from another state that is authenticated by that state in a manner that complies with Section is presumed to be a true and correct copy of the legal material. SECTION. PRESERVATION OF ELECTRONIC LEGAL MATERIAL. The official publisher of legal material in an electronic record shall preserve all published electronic legal material. To preserve electronic legal material, the official publisher shall: (1) protect the electronic record, which includes retention of formatting with legal significance; () provide for back-up and disaster recovery; and () ensure the continuing usability of the legal material, which may include periodic updating into new electronic formats as necessary. SECTION. PUBLIC ACCESS TO ELECTRONIC LEGAL MATERIAL. The official publisher of legal material in an electronic record shall ensure that the electronic legal material preserved under Section is reasonably available [without charge] on a permanent basis

1 1 1 1 0 for use by the general public. If the legal material is published only in an electronic record, the official publisher shall continue to publish it in an electronic record. SECTION. STANDARDS. In implementing the requirements of this [act], the official publisher shall consider: (1) standards and practices of other jurisdictions; () any standards on authentication and preservation of records adopted by national standard-setting bodies; and () the needs of electronic record users. SECTION. UNIFORMITY OF APPLICATION AND CONSTRUCTION. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact it. SECTION. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT. This [act] modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, U.S.C. Section 001, et seq., but does not modify, limit, or supersede Section 1(c) of that act, U.S.C. Section 001(c), or authorize electronic delivery of any of the notices described in Section (b) of that act, U.S.C. Section 00(b). SECTION. EFFECTIVE DATE. This act is effective on, for electronic legal material designated official under Section and first published on or after that date.