2012 -- S 2519

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LC01362

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - UNIFORM ELECTRONIC

LEGAL MATERIAL ACT

     Introduced By: Senator David E. Bates

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 42 of the General Laws entitled "STATE AFFAIRS AND

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GOVERNMENT" is hereby amended by adding thereto the following chapter:

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     CHAPTER 155

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UNIFORM ELECTRONIC LEGAL MATERIAL ACT

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     42-155-1. Short title. – This chapter shall be known and may be cited as the “Uniform

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Electronic Legal Material Act.”

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     42-155-2. Definitions. – As used in this chapter:

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     (1) “Electronic” means relating to technology having electrical, digital, magnetic,

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wireless, optical, electromagnetic, or similar capabilities.

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     (2) “Legal material” means, whether or not in effect:

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     (i) The constitution of this state;

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     (ii) The public laws, acts and resolves of this state;

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     (iii) The general laws of this state;

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     (iv) A state agency rule that has or had the effect of law;

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     (v) State administrative agency decisions;

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     (vi) Reported decisions of state courts; and

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     (vii) State court rules.

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     (3) “Official publisher” means:

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     (i) For state administrative agencies, the agency in question; and

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     (ii) For all other legal material, Lexis Nexis.

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     (4) “Publish” means to display, present, or release to the public, or cause to be displayed,

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presented, or released to the public, by the official publisher.

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     (5) “Record” means information that is inscribed on a tangible medium or that is stored in

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an electronic or other medium and is retrievable in perceivable form.

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     (6) “State” means a state of the United States, the District of Columbia, Puerto Rico, the

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United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of

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the United States.

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     42-155-3. Applicability. – This chapter applies to all legal material in an electronic

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record that is designated as official under section 42-155-4 and first published electronically on or

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after the effective date of this chapter.

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     42-155-4. Legal material in official electronic record. – (a) If an official publisher

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publishes legal material only in an electronic record, the publisher shall:

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     (1) Designate the electronic record as official; and

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     (2) Comply with the provisions of sections 42-155-5, 42-155-7, and 42-155-8.

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     (b) An official publisher that publishes legal material in an electronic record and also

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publishes the material in a record other than an electronic record may designate the electronic

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record as official if the publisher complies with the provisions of sections 42-155-5, 42-155-7,

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and 42-155-8.

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     42-155-5. Authentication of official electronic record. – An official publisher of legal

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material in an electronic record that is designated as official under section 42-155-4 shall

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authenticate the record. To authenticate an electronic record, the publisher shall provide a

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method for a user to determine that the record received by the user from the publisher is unaltered

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from the official record published by the publisher.

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     42-155-6. Effect of authentication. – (a) Legal material in an electronic record that is

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authenticated under section 42-155-5 is presumed to be an accurate copy of the legal material.

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     (b) If another state has adopted a law substantially similar to this chapter, legal material

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in an electronic record that is designated as official and authenticated by the official publisher in

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that state is presumed to be an accurate copy of the legal material.

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     (c) A party contesting the authentication of legal material in an electronic record

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authenticated under section 42-155-5 has the burden of proving by a preponderance of the

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evidence that the record is not authentic.

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     42-155-7. Preservation and security of legal material in official electronic record. –

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     (a) An official publisher of legal material in an electronic record that is or was designated

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as official under section 42-155-4 shall provide for the preservation and security of the record in

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an electronic form or a form that is not electronic.

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     (b) If legal material is preserved under subsection (a) in an electronic record, the official

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publisher shall:

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     (1) Ensure the integrity of the record;

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     (2) Provide for backup and disaster recovery of the record; and

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     (3) Ensure the continuing usability of the material.

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     42-155-8. Public access to legal material in official electronic record. – An official

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publisher of legal material in an electronic record that is required to be preserved under section

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42-155-7 shall ensure that the material is reasonably available for use by the public on a

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permanent basis.

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     42-155-9. Standards. – In implementing this chapter, an official publisher of legal

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material in an electronic record shall consider:

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     (1) Standards and practices of other jurisdictions;

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     (2) The most recent standards regarding authentication of, preservation and security of,

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and public access to, legal material in an electronic record and other electronic records, as

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promulgated by national standard-setting bodies;

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     (3) The needs of users of legal material in an electronic record;

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     (4) The views of governmental officials and entities and other interested persons; and

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     (5) To the extent practicable, methods and technologies for the authentication of,

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preservation and security of, and public access to, legal material which are compatible with the

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methods and technologies used by other official publishers in this state and in other states that

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have adopted a law substantially similar to this chapter.

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     42-155-10. Uniformity of application and construction. – In applying and construing

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this uniform act, consideration must be given to the need to promote uniformity of the law with

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respect to its subject matter among states that enact it.

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     42-155-11. Relation to electronic signatures in global and national commerce act. –

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This chapter modifies, limits, and supersedes the electronic signatures in global and national

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commerce act, 15 U.S.C. section 7001 et seq., but does not modify, limit, or supersede section

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101(c) of that act, 15 U.S.C. section 7001(c), or authorize electronic delivery of any of the notices

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described in section 103(b) of that act, 15 U.S.C. section 7003(b).

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     SECTION 2. This act shall take effect upon passage.

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LC01362

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - UNIFORM ELECTRONIC

LEGAL MATERIAL ACT

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     This act would create the “Uniform Electronic Legal Material Act” for the purpose of

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regulating the official publication of legal material in an electronic record.

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     This act would take effect upon passage.

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LC01362

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