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Uniform Electronic Legal Material Legislation

Legislation Related to the Uniform Electronic Legal Material Act (UELMA)

Last update: July 25, 2014

Printed versions of legislative documents are still the official version in most states. But digital versions of statutes, administrative rules and other legal and legislative documents are gaining broad use in the legal and legislative community, and in some cases, may be the only version. To address concerns about online-only legal resources, the Uniform Law Commission in July 2011 approved the Uniform Electronic Legal Material Act (UELMA). It provides for the authentication and preservation of certain electronic legal materials. 

States that have adopted UELMA include California and Colorado in 2012; Connecticut, Hawaii, Minnesota, North Dakota and Oregon in 2013; and Idaho in 2014. Additional introduced legislation related to UELMA follows.

For more information about UELMA, see "Online and Authentic?" and "State Uniform Law Commission: An Update for Legislative Lawyers" and Preserving Legislative Digital Records

2014 Legislation2013 Legislation | 2012 Legislation

2014 Legislation

2014 summary: Legislation has been introduced or is pending in eight states and the District of Columbia in 2014. 

Colorado
H.B. 1194
Status: May 21, 2014. Signed by Governor. Chapter 203
Reestablishes the legislative digital policy advisory committee to monitor the digitization of archived recordings and make recommendations for the implementation of the Uniform Electronic Legal Material Act.

Delaware
H.B. 403
Status: June 30, 2014, To Governor.
Adopts the Uniform Electronic Legal Material Act; allows the electronic versions of legal material published by the state, including the Constitution, the Laws of Delaware, the Delaware Code, state agency regulations and the Delaware Administrative Code, to be designated as the official version.

Idaho
S.B. 1356
Status: March 26, 2014; Chaptered. Chapter No. 278
Relates to the Uniform Electronic Legal Material Act; provides for legal material in an official electronic record; relates to the administrative code; provides for authentication of an official electronic record, preservation and security of legal material in an official electronic record and public access to legal materials; provides for the uniformity of application and construction; provides for the relation to the Electronic Signatures in Global and National Commerce Act.

Illinois
S.B. 1941
Status: May 30, 2014; To Governor
Creates the Uniform Electronic Legal Material Act to provide for the utilization of legal material in an electronic record; applies to all legal material designated as official under the Act and published after its effective date; defines legal material and other terms; includes court reports, statutes, session laws, rules, and agency decisions; provides for an official publisher for the material, including the Supreme Court and the Secretary of State.

Maryland
H.B. 46
Status: Feb. 18, 2014; Withdrawn from further consideration.
Relates to state government; relates to the uniform electronic legal materials act.

S.B. 275
Status: Feb. 24, 2014; Withdrawn from further consideration.
Relates to state government; relates to Maryland uniform electronic legal materials act.

Massachusetts
H.B. 38
Status: March 20, 2014; In Joint Committee on Judiciary: Extension Order Filed. Extended until 06/30/2014.
Relates to the Uniform Electronic Legal Material Act; relates to legal material published in an official electronic record; relates to session laws, information in the Constitution, general laws, state agency decisions and other material published in the state register or the code of state regulations; provides for authentication of an electronic record.

Pennsylvania
S.B. 601
Status: June 26, 2013 To House Committee on Judiciary
Relates to law and justice and legal notices; modernizes publication of Commonwealth legal materials; provides for uniformity in electronic legal materials; further provides for the Joint Committee on Documents, for payment for documents, for distribution of publication expenses, for effect of future legislation, for publication of official codification, for preliminary publication in Pennsylvania Bulletin, for pricing and distribution and for contractual arrangements.

Rhode Island
H.B. 7604
Status: March 19, 2014; Withdrawn at Sponsor's request.
Would create the "Uniform Electronic Legal Material Act" for the purpose of regulating the official publication of legal material in an electronic record. This act would take effect upon passage.

District of Columbia
B. 221
Status:  April 8, 2013; To Council Committee on Judiciary and Public Safety.
Enacts the Uniform Electronic Legal Material Act to provide for the official designation, authentication, and preservation of certain legal material in electronic records by an official publisher.
 


2013 Legislation

As of Dec. 20, 2013

2013 summary: Twelve states and the District of Columbia have introduced legislation related to UELMA in 2013.  Seven states--Colorado, Connecticut, Hawaii, Minnesota, Nevada, North Dakota and Oregon--enacted legislation in 2013. California and Colorado adopted UELMA in 2012.

Colorado
H.B. 1182
Status: May 28, 2013; Signed by Governor, Chapter No. 257
Establishes the legislative digital policy advisory committee (advisory committee). The advisory committee consists of the state archivist, the librarian of the supreme court library, the state librarian, the director of research of the legislative council staff, the director of the office of legislative legal services, the chief clerk of the house of representatives, and the secretary of the senate, or any of their designees. The advisory committee is required to develop plans relating to converting existing archived recordings of legislative proceedings into a digital format; and implementation of the "Uniform Electronic Legal Material Act." The advisory committee is required to report its findings to the committee on legal services and the joint budget committee by November 1, 2013.

Connecticut
S.B. 235
Status: May 17, 2013; Signed by Governor, Public Act No. 13-17
Concerns the adoption of the Uniform Electronic Legal Material Act; adopts the Uniform Electronic Legal Material Act in this state.

District of Columbia
B. 221
Status: April 8, 2013; To Council Committee on Judiciary and Public Safety.
Relates to the Uniform Electronic Legal Material Act of 2013.

Hawaii
H.B. 18
Establishes authentication and other requirements for selected legal materials if they are published exclusively in electronic form.

S.B. 32
Status: April 11, 2013; Signed by Governor, Act 11.
hes authentication and other requirements for selected legal materials if they are published exclusively in electronic form.

Illinois
S.B. 1941
Creates the Uniform Electronic Legal Material Act to provide for the utilization of legal material in an electronic record; applies to all legal material designated as official under the Act and published after its effective date; defines legal material and other terms; includes court reports, statutes, session laws, rules, and agency decisions; provides for an official publisher for the material, including the Supreme Court and the Secretary of State.

Massachusetts
H.B. 26
Submits recommendations of the Commission of Uniform State Laws.

H.B. 38
Relates to the Uniform Electronic Legal Material Act; relates to legal material published in an official electronic record; relates to session laws, information in the Constitution, general laws, state agency decisions and other material published in the state register or the code of state regulations; provides for authentication of an electronic record.

Minnesota
H.B. 278
Status: March 14, 2013; Signed by Governor. Chapter 7
Relates to state government; enacts the Uniform Electronic Legal Material Act approved by the National Conference of Commissioners on Uniform State Laws.

S.B. 157
Relates to state government; enacts the Uniform Electronic Legal Material Act approved by the National Conference of Commissioners on Uniform State Laws.

Missouri
S.B. 478
Relates to the electronic publication of official legal material.

Nevada
S.B. 105
Status: May 25, 2013; Signed by Governor. Chapter No. 71
Enacts the Uniform Electronic Legal Material Act.

North Dakota
H.B. 1129
Status: April 8, 2013; Signed by Governor. Chapter 344.
Relates to the enactment of the Uniform Electronic Legal Material Act; provides 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. 

Oregon
H.B. 2944
Status: May 23, 2013; Signed by Governor. Chapter No. 221
Adopts Uniform Electronic Legal Material Act; declares emergency, effective on passage.

Pennsylvania
S.B. 601
Status: June 26, 2013; to Senate Committee on Judiciary.
Amends Titles 44 (Law and Justice) and 45 (Legal Notices) of the Consolidated Statutes, modernizing publication of Commonwealth legal materials; provides for uniformity in electronic legal materials in the areas of designation, authentication, preservation and access; confers powers and duties on various Commonwealth agencies; in publication and effectiveness of Commonwealth documents; further provides for the Joint Committee on Documents.

Rhode Island
H.B. 5850
Status: April 18, 2013 Scheduled for hearing and/or consideration.
Would create the "Uniform Electronic Legal Material Act" for the purpose of regulating the official publication of legal material in an electronic record.


 

2012 Legislation

Year-end summary

Summary: Six states introduced legislation in 2012 to adopt the Uniform Electronic Legal Material Act (UELMA), which provides for the authentication and preservation of certain electronic legal materials. California and Colorado adopted the act in 2012.  For more information about UELMA, see "Online and Authentic?" and "State Uniform Law Commission: An Update for Legislative Lawyers" and Preserving Legislative Digital Records.

CALIFORNIA
S.B. 1075
Status: September 13, 2012; Signed by Governor, Chapter 310.
Enacts the Uniform Electronic Legal Material Act to provide for the official designation, authentication, and preservation of certain legal material in electronic records by an official publisher. Designates the Legislative Counsel Bureau as the official publisher for purposes of the act.

COLORADO
H.B. 1209
Status: April 30, 2012; Session Law Chaptered. Chapter No. 138
Relates to the Uniform Electronic Legal Material Act; provides that if legal material is only published electronically, the official publisher is required to designate the record as official, but if it is published in another format, the publisher may make such designation; provides that electronic legal material in an electronic record that is authenticated by the official publisher is presumed to be an accurate copy of the legal material.

CONNECTICUT
S.B. 418
Status: May 9, 2012; Passed Senate. *****To House.
Adopts the uniform electronic legal material act and the uniform certificate of title for vessels act.

MINNESOTA
H.B. 2527
Status: April 18, 2012; To Senate Committee on Judiciary and Public Safety.
Relates to state government; enacts the Uniform Electronic Legal Material Act approved by the National Conference of Commissioners on Uniform State Laws.

S.B. 2476
Status: March 14, 2012; To Senate Committee on Judiciary and Public Safety.
Relates to state government; enacts the Uniform Electronic Legal Material Act approved by the National Conference of Commissioners on Uniform State Laws.

RHODE ISLAND
H.B. 7750
Status: February 16, 2012; To House Committee on Judiciary.
Would create the "Uniform Electronic Legal Material Act" for the purpose of regulating the official publication of legal material in an electronic record. This act would take effect upon passage.

S.B. 2519
Status: March 8, 2012; In Senate Committee on Judiciary: Committee recommends measure to be held for further study.
Would create the "Uniform Electronic Legal Material Act" for the purpose of regulating the official publication of legal material in an electronic record. This act would take effect upon passage.

TENNESSEE
H.B. 3656
Status: February 1, 2012; In House Committee on Judiciary: Referred to General Subcommittee.
Relates to Uniform Laws; enacts the Uniform Electronic Legal Material Act.

S.B. 2894
Status: March 14, 2012; In Senate Committee on Judiciary: Referred to General Subcommittee.
Relates to Uniform Laws; enacts the Uniform Electronic Legal Material Act.

See also NCSL resources on digital preservation issues.  NCSL contact for more information: Pam Greenberg, NCSL Denver Office, 303-856-1413

 

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