NY State Assembly Bill 2017-A1922C

Assembly Bill A1922C

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 Rules 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2018	referred to rules delivered to senate passed assembly ordered to third reading rules cal.87 rules report cal.87
Jun 11, 2018	reported
Jun 06, 2018	reported referred to rules
May 30, 2018	print number 1922c
May 30, 2018	amend (t) and recommit to governmental operations
Jan 03, 2018	referred to governmental operations
May 11, 2017	print number 1922b
May 11, 2017	amend and recommit to governmental operations
May 05, 2017	print number 1922a
May 05, 2017	amend and recommit to governmental operations
Jan 17, 2017	referred to governmental operations

Bill Amendments

Original

C (Active)

co-Sponsors

2017-A1922 - Details

See Senate Version of this Bill:: S6136
Current Committee:: Senate Rules
Law Section:: New York State Printing and Public Documents Law
Versions Introduced in Other Legislative Sessions:: 2015-2016: A5631, S4606
2019-2020: A382, S6030

2017-A1922 - 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-A1922 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1922
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced by M. of A. LIFTON, STIRPE, O'DONNELL, GALEF -- read once and
   referred to the Committee on Governmental Operations
 
 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.

                                                            LBD07919-01-7

 A. 1922                             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.
   §  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.

 A. 1922                             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.

co-Sponsors

2017-A1922A - Details

See Senate Version of this Bill:: S6136
Current Committee:: Senate Rules
Law Section:: New York State Printing and Public Documents Law
Versions Introduced in Other Legislative Sessions:: 2015-2016: A5631, S4606
2019-2020: A382, S6030

2017-A1922A - 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-A1922A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1922--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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
 
 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.
                                                            LBD07919-02-7

 A. 1922--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;
   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.

 A. 1922--A                          3
 
   §  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
 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.

co-Sponsors

2017-A1922B - Details

See Senate Version of this Bill:: S6136
Current Committee:: Senate Rules
Law Section:: New York State Printing and Public Documents Law
Versions Introduced in Other Legislative Sessions:: 2015-2016: A5631, S4606
2019-2020: A382, S6030

2017-A1922B - 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-A1922B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1922--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:
 
   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.
                                                            LBD07919-04-7

 A. 1922--B                          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.

 A. 1922--B                          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.

co-Sponsors

2017-A1922C (ACTIVE) - Details

See Senate Version of this Bill:: S6136
Current Committee:: Senate Rules
Law Section:: New York State Printing and Public Documents Law
Versions Introduced in Other Legislative Sessions:: 2015-2016: A5631, S4606
2019-2020: A382, S6030

2017-A1922C (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-A1922C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1922--C
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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
   -- recommitted to the Committee on Governmental Operations in  accord-
   ance  with  Assembly  Rule  3,  sec.  2  -- 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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07919-06-8

 A. 1922--C                          2
 
   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
   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.

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Assembly Bill A1922C

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Sponsored By

LIFTON

Archive: Last Bill Status - In Senate Committee Rules Committee

Bill Amendments

co-Sponsors

Albert A. Stirpe

Daniel O'Donnell

Sandy Galef

2017-A1922 - Details

2017-A1922 - Summary

2017-A1922 - Bill Text download pdf

co-Sponsors

Albert A. Stirpe

Daniel O'Donnell

Sandy Galef

2017-A1922A - Details

2017-A1922A - Summary

2017-A1922A - Bill Text download pdf

co-Sponsors

Albert A. Stirpe

Daniel O'Donnell

Sandy Galef

2017-A1922B - Details

2017-A1922B - Summary

2017-A1922B - Bill Text download pdf

co-Sponsors

Albert A. Stirpe

Daniel O'Donnell

Sandy Galef

2017-A1922C (ACTIVE) - Details

2017-A1922C (ACTIVE) - Summary

2017-A1922C (ACTIVE) - Bill Text download pdf

Comments