Senate Bill S4606

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4606

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 30, 2015
                               ___________

Introduced  by  Sen.  FARLEY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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:

  Section  1.  The  New  York state printing and public documents law is
amended by adding a new article 3-A to read as follows:
                               ARTICLE 3-A
                  UNIFORM ELECTRONIC LEGAL MATERIAL ACT
SECTION 15.   SHORT TITLE.
        15-A. DEFINITIONS.
        15-B. APPLICABILITY.
        15-C. LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD.
        15-D. AUTHENTICATION OF OFFICIAL ELECTRONIC RECORD.
        15-E. EFFECT OF AUTHENTICATION.
        15-F. PRESERVATION AND SECURITY OF LEGAL  MATERIAL  IN  OFFICIAL
                ELECTRONIC RECORD.
        15-G. PUBLIC  ACCESS  TO  LEGAL  MATERIAL IN OFFICIAL ELECTRONIC
              RECORD.
        15-H. STANDARDS.
        15-I. UNIFORMITY OF APPLICATION AND CONSTRUCTION.
        15-J. RELATION OF ELECTRONIC SIGNATURES IN GLOBAL  AND  NATIONAL
                COMMERCE ACT.
  S 15. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
"UNIFORM ELECTRONIC LEGAL MATERIAL ACT".
  S 15-A. DEFINITIONS. IN THIS ARTICLE:
  1.  "ELECTRONIC"  MEANS  RELATING  TO  TECHNOLOGY  HAVING  ELECTRICAL,
DIGITAL, MAGNETIC, WIRELESS, OPTICAL, ELECTROMAGNETIC, OR SIMILAR  CAPA-
BILITIES.
  2. "LEGAL MATERIAL" MEANS, WHETHER OR NOT IN EFFECT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08201-01-5
              

S. 4606                             2

  A. THE CONSTITUTION OF THE STATE OF NEW YORK;
  B. THE LAWS OF THE STATE OF NEW YORK;
  C.  A  STATE  AGENCY  RULE, REGULATION OR DECISION THAT HAS OR HAD THE
EFFECT OF LAW;
  D. MATERIAL PUBLISHED IN THE NEW YORK REGISTER;
  E. THE NEW YORK CODE OF RULES AND REGULATIONS;
  F. REPORTED DECISIONS OF THE FOLLOWING  STATE  COURTS:  THE  COURT  OF
APPEALS, THE APPELLATE DIVISION AND THE SUPREME COURTS.
  3. "OFFICIAL PUBLISHER" MEANS:
  A. FOR THE CONSTITUTION OF THE STATE OF NEW YORK, THE LEGISLATIVE BILL
DRAFTING COMMISSION;
  B.  FOR THE LAWS OF THE STATE OF NEW YORK, THE LEGISLATIVE BILL DRAFT-
ING COMMISSION;
  C. FOR A STATE AGENCY RULE, REGULATION OR DECISION THAT HAS OR HAD THE
EFFECT OF LAW, THE STATE AGENCY;
  D. FOR MATERIAL PUBLISHED IN THE NEW YORK REGISTER, THE  SECRETARY  OF
STATE;
  E.  FOR  THE  NEW  YORK CODE OF RULES AND REGULATIONS, THE LEGISLATIVE
BILL DRAFTING COMMISSION;
  F. FOR REPORTED DECISIONS OF THE FOLLOWING STATE COURTS: THE COURT  OF
APPEALS,  THE  APPELLATE  DIVISION AND THE SUPREME COURTS, THE OFFICE OF
COURT ADMINISTRATION.
  4. "PUBLISH" MEANS TO DISPLAY, PRESENT, OR RELEASE TO THE  PUBLIC,  OR
CAUSE  TO  BE  DISPLAYED,  PRESENTED,  OR RELEASED TO THE PUBLIC, BY THE
OFFICIAL PUBLISHER.
  5. "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.
  6.  "STATE" MEANS A STATE OF THE UNITED STATES, THE DISTRICT OF COLUM-
BIA, PUERTO RICO, THE UNITED STATES VIRGIN ISLANDS, OR ANY TERRITORY  OR
INSULAR POSSESSION SUBJECT TO THE JURISDICTION OF THE UNITED STATES.
  S  15-B.  APPLICABILITY. THIS ARTICLE APPLIES TO ALL LEGAL MATERIAL IN
AN ELECTRONIC RECORD  THAT  IS  DESIGNATED  AS  OFFICIAL  UNDER  SECTION
FIFTEEN-C OF THIS ARTICLE AND FIRST PUBLISHED ELECTRONICALLY ON OR AFTER
THE EFFECTIVE DATE OF THIS ARTICLE.
  S  15-C.  LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD. 1. IF AN OFFI-
CIAL PUBLISHER PUBLISHES LEGAL MATERIAL ONLY IN  AN  ELECTRONIC  RECORD,
THE PUBLISHER SHALL:
  A. DESIGNATE THE ELECTRONIC RECORD AS OFFICIAL; AND
  B.  COMPLY  WITH  SECTIONS  FIFTEEN-D, FIFTEEN-F AND FIFTEEN-G OF THIS
ARTICLE.
  2. AN OFFICIAL PUBLISHER THAT PUBLISHES LEGAL MATERIAL IN AN ELECTRON-
IC RECORD AND ALSO PUBLISHES THE MATERIAL IN  A  RECORD  OTHER  THAN  AN
ELECTRONIC RECORD MAY DESIGNATE THE ELECTRONIC RECORD AS OFFICIAL IF THE
PUBLISHER  COMPLIES  WITH SECTIONS FIFTEEN-D, FIFTEEN-F AND FIFTEEN-G OF
THIS ARTICLE.
  S 15-D. AUTHENTICATION OF  OFFICIAL  ELECTRONIC  RECORD.  AN  OFFICIAL
PUBLISHER  OF  LEGAL MATERIAL IN AN ELECTRONIC RECORD THAT IS DESIGNATED
AS OFFICIAL UNDER SECTION FIFTEEN-C OF THIS ARTICLE  SHALL  AUTHENTICATE
THE  RECORD.   TO AUTHENTICATE AN ELECTRONIC RECORD, THE PUBLISHER SHALL
PROVIDE A METHOD FOR A USER TO DETERMINE THAT THE RECORD RECEIVED BY THE
USER FROM THE PUBLISHER IS UNALTERED FROM THE OFFICIAL RECORD  PUBLISHED
BY THE PUBLISHER.
  S  15-E.  EFFECT OF AUTHENTICATION. 1. LEGAL MATERIAL IN AN ELECTRONIC
RECORD THAT IS AUTHENTICATED UNDER SECTION FIFTEEN-D OF THIS ARTICLE  IS
PRESUMED TO BE AN ACCURATE COPY OF THE LEGAL MATERIAL.

S. 4606                             3

  2.  IF  ANOTHER  STATE HAS ADOPTED A LAW SUBSTANTIALLY SIMILAR TO THIS
ARTICLE, LEGAL MATERIAL IN AN ELECTRONIC RECORD THAT  IS  DESIGNATED  AS
OFFICIAL  AND  AUTHENTICATED  BY THE OFFICIAL PUBLISHER IN THAT STATE IS
PRESUMED TO BE AN ACCURATE COPY OF THE LEGAL MATERIAL.
  3. A PARTY CONTESTING THE AUTHENTICATION OF LEGAL MATERIAL IN AN ELEC-
TRONIC  RECORD AUTHENTICATED UNDER SECTION FIFTEEN-D OF THIS ARTICLE HAS
THE BURDEN OF PROVING BY A PREPONDERANCE OF THE EVIDENCE THAT THE RECORD
IS NOT AUTHENTIC.
  S 15-F. PRESERVATION AND SECURITY OF LEGAL MATERIAL IN OFFICIAL  ELEC-
TRONIC  RECORD.  1.  AN OFFICIAL PUBLISHER OF LEGAL MATERIAL IN AN ELEC-
TRONIC RECORD THAT IS  OR  WAS  DESIGNATED  AS  OFFICIAL  UNDER  SECTION
FIFTEEN-C OF THIS ARTICLE SHALL PROVIDE FOR THE PRESERVATION AND SECURI-
TY OF THE RECORD IN AN ELECTRONIC FORM OR A FORM THAT IS NOT ELECTRONIC.
  2.  IF  LEGAL  MATERIAL  IS  PRESERVED  UNDER  SUBDIVISION ONE OF THIS
SECTION IN AN ELECTRONIC RECORD, THE OFFICIAL PUBLISHER SHALL:
  A. ENSURE THE INTEGRITY OF THE RECORD;
  B. PROVIDE FOR BACKUP AND DISASTER RECOVERY OF THE RECORD; AND
  C. ENSURE THE CONTINUING USABILITY OF THE MATERIAL.
  S 15-G. PUBLIC ACCESS TO LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD.
AN OFFICIAL PUBLISHER OF LEGAL MATERIAL IN AN ELECTRONIC RECORD THAT  IS
REQUIRED  TO  BE PRESERVED UNDER SECTION FIFTEEN-F OF THIS ARTICLE SHALL
ENSURE THAT THE MATERIAL IS REASONABLY AVAILABLE FOR USE BY  THE  PUBLIC
ON A PERMANENT BASIS.
  S 15-H. STANDARDS. IN IMPLEMENTING THIS ARTICLE, AN OFFICIAL PUBLISHER
OF LEGAL MATERIAL IN AN ELECTRONIC RECORD SHALL CONSIDER:
  1. STANDARDS AND PRACTICES OF OTHER JURISDICTIONS;
  2. THE MOST RECENT STANDARDS REGARDING AUTHENTICATION OF, PRESERVATION
AND  SECURITY  OF, AND PUBLIC ACCESS TO, LEGAL MATERIAL IN AN ELECTRONIC
RECORD AND OTHER ELECTRONIC RECORDS,  AS  PROMULGATED  BY  THE  NATIONAL
STANDARD-SETTING BODIES;
  3. THE NEEDS OF USERS OF LEGAL MATERIAL IN AN ELECTRONIC RECORD;
  4.  THE  VIEWS OF GOVERNMENTAL OFFICIALS AND ENTITIES AND OTHER INTER-
ESTED PERSONS; AND
  5. TO THE EXTENT PRACTICABLE, METHODS AND TECHNOLOGIES FOR THE AUTHEN-
TICATION OF, PRESERVATION AND SECURITY OF, AND PUBLIC ACCESS  TO,  LEGAL
MATERIAL  WHICH ARE COMPATIBLE WITH THE METHODS AND TECHNOLOGIES USED BY
OTHER OFFICIAL PUBLISHERS IN THIS STATE AND IN OTHER  STATES  THAT  HAVE
ADOPTED A LAW SUBSTANTIALLY SIMILAR TO THIS ARTICLE.
  S  15-I.  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
STATES THAT ENACT IT.
  S 15-J. RELATION TO  ELECTRONIC  SIGNATURES  IN  GLOBAL  AND  NATIONAL
COMMERCE  ACT.  THIS  ARTICLE MODIFIES, LIMITS, AND SUPERSEDES THE ELEC-
TRONIC SIGNATURES  IN  GLOBAL  AND  NATIONAL  COMMERCE  ACT,  15  U.S.C.
SECTION  7001  ET SEQ., BUT DOES NOT MODIFY, LIMIT, OR SUPERSEDE SECTION
101(C) OF THAT ACT, 15 U.S.C. SECTION 7001(C), OR  AUTHORIZE  ELECTRONIC
DELIVERY  OF ANY OF THE NOTICES DESCRIBED IN SECTION 103(B) OF THAT ACT,
15 U.S.C. SECTION 7003(B).
  S 2. This act shall take effect immediately.