NY State Senate Bill 2017-S6136B

Senate Bill S6136B

2017-2018 Legislative Session

Directs the department of state to conduct a study on the use of legal material in an electronic format and access to such legal materials

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 05, 2018	print number 6136b
Jun 05, 2018	amend (t) and recommit to finance
Jan 03, 2018	referred to finance
May 26, 2017	print number 6136a
May 26, 2017	amend and recommit to finance
May 11, 2017	referred to finance

Bill Amendments

Original

B (Active)

2017-S6136 - Details

See Assembly Version of this Bill:: A1922
Current Committee:: Senate Finance
Law Section:: State
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4606, A5631
2019-2020: S6030, A382

2017-S6136 - Summary

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.

2017-S6136 - Sponsor Memo

                                 BILL NUMBER:  S6136

 TITLE OF BILL :  An act to amend the New York state printing and
public documents law, in relation to enacting the "uniform electronic
legal material act"

 PURPOSE :

To address the critical need to manage electronic legal information in
a manner that guarantees the trustworthiness of, and continuing access
to, important state legal material.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 15-a - Definitions.
15-b - Applicability.
15-c - Legal material in official electronic record.
-If an official publisher publishes legal material only in an
electronic record, the publisher shall, inter alia, designate the
electronic record as official.
15-d - Authentication of official electronic record. -An official
electronic record shall be authenticated by the official publisher.
15-e - Effect of authentication.
-Authenticated legal material in an electronic record is presumed to
be an accurate copy of the legal material.
-Officially designated and authenticated legal materials from other

states that have adopted a law substantially similar to the Uniform
Electronic Legal Material Act are presumed to be an accurate copy.
-To challenge the authenticity of an electronic record designated and
authenticated under this act a party must prove by a preponderance of
the evidence that the record is not authentic.
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 to electronic signatures in global and national
commerce act.

 JUSTIFICATION :

This bill will guarantee the trustworthiness of and access to
important state legal materials. State materials are being published
more and more online, due to the cost-effective and timeliness of the
internet. However, documents can be easily edited and posted on other
places on the internet, as well as deleted. This would ensure that
electronic legal materials are authentic and preserved.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6136 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6136
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- 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.
   § 15. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "UNIFORM ELECTRONIC LEGAL MATERIAL ACT".
   § 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.

                                                            LBD07919-03-7

 S. 6136                             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.
   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.
   §  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.
   §  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.
   § 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.
   §  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.
   2.  IF  ANOTHER  STATE HAS ADOPTED A LAW SUBSTANTIALLY SIMILAR TO THIS
 ARTICLE, LEGAL MATERIAL IN AN ELECTRONIC RECORD THAT  IS  DESIGNATED  AS

 S. 6136                             3
 
 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.
   § 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.
   § 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.
   § 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.
   §  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.
   § 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).
   § 2. This act shall take effect immediately.

2017-S6136A - Details

See Assembly Version of this Bill:: A1922
Current Committee:: Senate Finance
Law Section:: State
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4606, A5631
2019-2020: S6030, A382

2017-S6136A - Summary

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.

2017-S6136A - Sponsor Memo

                                 BILL NUMBER:  S6136A

 TITLE OF BILL :  An act to amend the New York state printing and
public documents law, in relation to enacting the "uniform electronic
legal material act"

 PURPOSE :

To address the critical need to manage electronic legal information in
a manner that guarantees the trustworthiness of, and continuing access
to, important state legal material.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 15-a - Definitions.
15-b - Applicability.  15-c - Legal material in official electronic
record.
-If an official publisher publishes legal material only in an
electronic record, the publisher shall, inter alia, designate the
electronic record as official.
15-d - Authentication of official electronic record. -An official
electronic record shall be authenticated by the official publisher.
15-e - Effect of authentication.
-Authenticated legal material in an electronic record is presumed to
be an accurate copy of the legal material.
-Officially designated and authenticated legal materials from other

states that have adopted a law substantially similar to the Uniform
Electronic Legal Material Act are presumed to be an accurate copy.
-To challenge the authenticity of an electronic record designated and
authenticated under this act a party must prove by a preponderance of
the evidence that the record is not authentic.
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 to electronic signatures in global and national
commerce act.

 JUSTIFICATION :

This bill will guarantee the trustworthiness of and access to
important state legal materials. State materials are being published
more and more online, due to the cost-effective and timeliness of the
internet. However, documents can be easily edited and posted on other
places on the internet, as well as deleted. This would ensure that
electronic legal materials are authentic and preserved.

 LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S6136A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6136--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, 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:
 
   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.
   § 15. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS THE
 "UNIFORM ELECTRONIC LEGAL MATERIAL ACT".
   § 15-A. DEFINITIONS. IN THIS ARTICLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07919-05-7

 S. 6136--A                          2
 
   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:
   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.
   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.
   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.
   § 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.
   § 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.
   §  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.
   § 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. 6136--A                          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.
   § 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.
   § 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.
   § 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.
   §  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.
   § 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).
   § 2. This act shall take effect immediately.

2017-S6136B (ACTIVE) - Details

See Assembly Version of this Bill:: A1922
Current Committee:: Senate Finance
Law Section:: State
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4606, A5631
2019-2020: S6030, A382

2017-S6136B (ACTIVE) - Summary

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.

2017-S6136B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6136B

SPONSOR: BONACIC
 
TITLE OF BILL:  An act to direct the department of state to conduct a
study on the use of legal material in an electronic format and access to
such legal materials

 
PURPOSE OR GENERAL IDEA OF BILL:

To review the manner in which electronic legal material is maintained
and to make recommendations if applicable for ways to guarantee the
trustworthiness of, and continuing access to, important state legal
material.

 
SUMMARY OF PROVISIONS:

Section 1 authorizes the department of state to study the practices for
the authentication and maintenance of legal material and includes guide-
lines for what the study should include.

Section 2 established the date for study should be submitted and made

available is on or before November 1, 2019.

Section 3 provides that there should be cooperation from relevant agen-
cies with the department of state.

Section 4 provides the effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

This bill directs the department of state to do a study to examine the
current practices of the state and to make recommendations. The prior
version directed specific actions to be taken to enact changes.

 
JUSTIFICATION:

Providing information online has never been more important in the opera-
tion of state government. With the prevalence of internet access in the
21st century, the public expects to have access to critical materials
online. The ease of creating, digital materials allows government to be
cost-effective and timely in the creation and presentation of legal
documents, enhancing the important goals of transparency, accountabil-
ity, and citizen participation. yet, increased access to this informa-
tion in electronic formats, rather than in official print materials,
raises the important question of verifiable authenticity.  Electronic
information can be altered, either intentionally or unintentionally,
often without being obvious to the consumer. End users of government
legal materials must be assured that the version they rely on remains
unaltered and is trustworthy and authentic.

 
PRIOR LEGISLATIVE HISTORY:

2015-16: S4606 by Sen. Farley died in Finance

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENT:

None

 
EFFECTIVE DATE:
Immediately

2017-S6136B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6136--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by  Sen. BONACIC -- read twice and ordered printed, and when
   printed to be committed to  the  Committee  on  Finance  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  recommitted  to  the  Committee on Finance in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to direct the department of state to conduct a study on  the  use
   of  legal  material  in  an electronic format and access to such legal
   materials
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  1.  (a) The department of state, in consultation with any
 entity that the secretary of state deems appropriate,  shall  conduct  a
 study  on the use of legal material in an electronic format that guaran-
 tees the authenticity of and access to such legal materials of the state
 of New York. For the purposes of this act, "legal material" shall  mean,
 whether or not in effect: the constitution of the state of New York; the
 laws  of  the  state  of  New York; any state agency rule, regulation or
 decision that has or had the effect of law; material  published  in  the
 New York register; and the New York code of rules and regulations.
   (b) The study shall include, but not be limited to:
   i.  standards regarding the use, authentication, preservation, securi-
 ty, and public access of legal material,  and  the  fiscal  implications
 thereof;
   ii. the needs of users of legal material in an electronic format;
   iii.  views  of  stakeholders  pertaining  to the authentication, use,
 preservation, and security of legal materials in an electronic format;
   iv. methods and technologies used for the authentication, use, preser-
 vation and security of legal material, technology used by the state  and
 other states to disseminate legal material; and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07919-08-8

 S. 6136--B                          2
 
   v.  current  practices of the state of New York with regard to session
 laws, the code of statutes, the register, administrative code, and court
 opinions in both electronic and non-electronic format.
   2. On or before November 1, 2019, the department of state shall submit
 such  study  to  the governor, the temporary president of the senate and
 the speaker of the assembly and shall publicly post such  study  on  the
 department of state's website.
   3.  The department of state may request, and is authorized to receive,
 any information from any state agency that is relevant and  material  to
 the  completion  of such study. Such information received by the depart-
 ment of state shall be subject to the same  requirements  for  confiden-
 tiality  and limitations on use, if any, as are applicable to such state
 agency's use of such information.
   § 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S6136B

Share this bill

Sponsored By

John J. Bonacic

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

2017-S6136 - Details

2017-S6136 - Summary

2017-S6136 - Sponsor Memo

2017-S6136 - Bill Text download pdf

2017-S6136A - Details

2017-S6136A - Summary

2017-S6136A - Sponsor Memo

2017-S6136A - Bill Text download pdf

2017-S6136B (ACTIVE) - Details

2017-S6136B (ACTIVE) - Summary

2017-S6136B (ACTIVE) - Sponsor Memo

2017-S6136B (ACTIVE) - Bill Text download pdf

Comments