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REFERENCE TITLE: electronic legal material |
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State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
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HB 2466 |
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Introduced by Representatives Brophy McGee, Borrelli, Senators Driggs, Worsley: Representatives Carter, Cobb, Coleman, Shope, Thorpe
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AN ACT
amending title 41, Arizona Revised Statutes, by adding chapter 53; relating to legal materials.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, Arizona Revised Statutes, is amended by adding chapter 53, to read:
CHAPTER 53
UNIFORM ELECTRONIC LEGAL MATERIAL ACT
ARTICLE 1. GENERAL PROVISIONS
41‑5301. Short title
This article may be cited as the "Uniform Electronic Legal Material Act".
41-5302. Definitions
In this article, unless the context otherwise requires:
1. "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
2. "Legal material" means, whether or not in effect:
(a) The Constitution of Arizona.
(b) The Arizona session laws.
(c) The Arizona Revised Statutes.
(d) The Arizona administrative code.
(e) rules or policies that are exempt from the rulemaking requirements of chapter 6 of this title.
(f) Decisions of an administrative agency of this state.
(g) The Arizona supreme court opinions.
(h) The Arizona Rules of Court.
(i) Minute entries of the superior court of each county.
3. "Official publisher" means:
(a) For the Constitution of Arizona, the Arizona Legislative council.
(b) For the Arizona session laws, the Arizona legislative council.
(c) For the Arizona Revised Statutes, the Arizona legislative council.
(d) For the Arizona administrative code, the Secretary of State.
(e) For rules or policies that are exempt from the rulemaking requirements of chapter 6 of this title, the state agency adopting the rules or policies.
(f) For decisions of an administrative agency of this state, the appropriate agency or state official.
(g) For the Arizona supreme court opinions, The Arizona supreme court.
(h) For the Arizona Rules of Court, the Arizona supreme court.
(i) For minute entries of the superior court of each county, the clerk of the superior court for the appropriate county.
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 Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States.
41-5303. Applicability
This article applies to all legal material in an electronic record that is designated as official under section 41‑5304 and first published electronically on or after the effective date of this article.
41-5304. Legal material in official electronic record
A. If an official publisher publishes legal material only in an electronic record, the publisher shall:
1. Designate the electronic record as official.
2. Comply with sections 41‑5305, 41‑5307 and 41‑5308.
B. An official publisher that publishes legal material in an electronic 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 41‑5305, 41‑5307 and 41‑5308.
41-5305. Authentication of offical electronic record
An official publisher of legal material in an electronic record that is designated as official under section 41‑5304 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.
41-5306. Effect of authentication
A. Legal material in an electronic record that is authenticated under section 41‑5305 is presumed to be an accurate copy of the legal material.
B. 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.
C. A party contesting the authentication of legal material in an electronic record authenticated under section 41‑5305 has the burden of proving by a preponderance of the evidence that the record is not authentic.
41-5307. Preservation and security of legal materials in official electronic record
A. An official publisher of legal material in an electronic record that is or was designated as official under section 41‑5304 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.
B. If legal material is preserved under subsection A of this section in an electronic record, the official publisher shall:
1. Ensure the integrity of the record.
2. Provide for backup and disaster recovery of the record.
3. Ensure the continuing usability of the material.
41-5308. 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 41‑5307 shall ensure that the material is reasonably available for use by the public on a permanent basis.
41-5309. 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 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 interested persons.
5. To the extent practicable, methods and technologies for the authentication of, preservation and security of and public access to legal material that 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.
41-5310. 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.
41-5311. Relation to electronic signatures in global and national commerce act
This article modifies, limits and supersedes the electronic signatures in global and national commerce act (15 United States Code section 7001 et seq.) but does not modify, limit or supersede section 101(c) of the electronic signatures in global and national commerce act (15 United States Code section 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of the electronic signatures in global and national commerce act (15 United States Code section 7003(b)).