Uniform Electronic Legal Material Act: State Legislation

3/31/2020

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. 

Twenty states and the District of Columbia have adopted UELMA: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Idaho, Illinois, Iowa, Maryland, Michigan, Minnesota, Nevada, North Dakota, Ohio, Oregon, Pennsylvania, Texas, Utah, Washington and West Virginia. See additional 2020 introduced legislation below and introduced legislation for each year since 2012.

Information about how California and Minnesota have implemented UELMA is available in a presentation from the 2014 NCSL Legislative Summit and on NCSL's Preserving Legislative Digital Records web page.

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

2020 Legislation

Illinois
H.B. 125, H.B. 400, S.B. 534, S.B. 1070, S.B. 1092, S.B. 1098
Status: Pending
The Uniform Electronic Legal Material Act; makes a technical change in a Section concerning the short title. (Placeholder bills; do not currently contain any substantive language.)

Massachusetts
H.B. 56
Status: Pending
Submits Legislative recommendations of the commission on uniform state laws.

H.B. 64
Status: Pending
Submits recommendations of the Commission on Uniform State Laws as relates to the Uniform Electronic Legal Material Act.

H.B. 3294
Status: Pending
Provides that certain legal material in electronic records be designated as official.

 

2019 Legislation

 

Iowa
H.F. 743
Status: Enacted
Requires that the General Assembly provide for the publication of certain material and associated electronic records pertaining to official legal publications.

HSB 226
Status: Pending-Carryover
Requires that the General Assembly provide for the publication of certain material and associated electronic records pertaining to official legal publications.

Illinois
H.B. 125, H.B. 400, S.B. 534, S.B. 1070, S.B. 1092, S.B. 1098
Status: Pending
The Uniform Electronic Legal Material Act; makes a technical change in a Section concerning the short title. (Placeholder bills; do not currently contain any substantive language.)

Massachusetts
H.B. 56
Status: Pending
Submits Legislative recommendations of the commission on uniform state laws.

H.B. 64
Status: Pending
Submits recommendations of the Commission on Uniform State Laws as relates to the Uniform Electronic Legal Material Act.

H.B. 3294
Status: Pending
Provides that certain legal material in electronic records be designated as official.

Texas
H.B. 402
Status: Enacted, Chap. 159
Relates to the adoption of the Uniform Electronic Legal Material Act.

 

2018 Legislation

 

Illinois
S.B. 411, H.B. 990, H.B. 991, S.B. 1054
Status: Failed--adjourned.
Amends the Uniform Electronic Legal Material Act; makes a technical change in a Section concerning the short title. (Placeholder bills; do not currently contain any substantive language.)

Massachusetts
H.B. 42
Status: Failed--adjourned.
Relates to the Uniform Electronic Legal Material Act.

H.B. 54
Status: Failed--adjourned.
Relates to the Uniform Electronic Legal Material Act.

H.B. 812
Status: Failed--adjourned.
Relates to the Uniform Electronic Legal Material Act.

Michigan
H.B. 4779
Status: Enacted, Public Act 488
Provides for uniform electronic legal material.

New York
A.B. 1922
Status: Failed--adjourned.
Enacts the Uniform Electronic Legal Material Act.

S.B. 6136
Status: Failed--adjourned.
Enacts the Uniform Electronic Legal Material Act.

Ohio
S.B. 139
Status: Enacted
Adopts the Uniform Electronic Legal Material Act.

Utah
S.B. 121
Status: Enacted, Chap. 100
Enacts the Uniform Electronic Legal Material Act; establishes the applicability of the act; addresses the legal material that is an official electronic record; provides for authentication; addresses preservation and security; addresses public access; establishes standards; provides for uniformity of application and construction; addresses relation to Electronic Signatures in Global and National Commerce Act.

LexisNexis State Net logo

 

LexisNexis Terms and Conditions

2017 Legislation
District of Columbia

B. 890
Status: Enacted; Chap. 251
(Permanent Law) Enacts the Uniform Electronic Legal Material Act of 2016, to provide for the official designation, authentication, and preservation of certain legal material in electronic records by an official publisher.

Illinois
S.B. 405, S.B. 411, H.B. 990, H.B. 991, S.B. 1054
Amends the Uniform Electronic Legal Material Act; makes a technical change in a Section concerning the short title. (Placeholder bills; do not currently contain any substantive language.)

Massachusetts
H.B. 54
Status: Pending
Relates to the Uniform Electronic Legal Material Act.

H.B. 812
Status: Pending
Relates to the Uniform Electronic Legal Material Act.

Maryland
H.B. 165
Status: Signed by Governor, Chap. 553
Requires an official publisher that publishes legal material in an electronic record to designate the electronic record as official, under specified circumstances, and authenticate the electronic record in a specified manner, provides that specified legal material in an electronic record is presumed to be an accurate copy, requires an official publisher of specified legal material in an electronic record to provide for the preservation and security of the record.

S.B. 137
Status: Signed by Governor, Chap. 554
Requires an official publisher that publishes legal material in an electronic record to designate the electronic record as official, under specified circumstances, and authenticate the electronic record in a specified manner, provides that specified legal material in an electronic record is presumed to be an accurate copy, ensures reasonable availability for use by the public, provides that a party contesting the authenticity of certain legal material in an electronic record has a certain burden of proof.

New York
A.B. 1922
Status: Pending
Enacts the Uniform Electronic Legal Material Act.

S.B. 6136
Status: Pending
Enacts the Uniform Electronic Legal Material Act.

Ohio
S.B. 139
Status: Pending
Adopts the Uniform Electronic Legal Material Act.

Texas
H.B. 1032
Status: Failed - adjourned.
Relates to the adoption of the Uniform Electronic Legal Material Act.

Virginia
S.B. 531
Status: Failed
Relates to Secretary of the Commonwealth, relates to establishment of digital document authentication standards, requires the Secretary of the Commonwealth to establish digital document authentication standards for use with all public records of the Commonwealth.

Washington
S.B. 5039
Status: 04/21/2017 - Enacted; Chap. 106
Adopts the uniform electronic legal material act, relates to public access to legal material in official electronic record.

West Virginia
S.B. 214
Status: 04/11/2017 - Enacted
Adopts Uniform Electronic Legal Material Act, provides applicability to legal materials designated official, relates to official records, provides for authentication of electronic records, provides for preservation and security of legal material in official electronic records, provides for public access to legal materials in electronic records, creates standards for preservation and authentication, provides uniformity of application and construction, addresses its effect on the Act.

LexisNexis State Net logo

 

LexisNexis Terms and Conditions

2016 Legislation

Arizona
Status: Failed.
H.B. 2466
Relates to the Electronic Legal Material.

S.B. 1414
Status: May 27, 2016; Signed by Governor; Chap. 316
Relates to electronic legal material; relates to electronic signature in global and national commerce act; relates to uniformity of application and construction; relates to public access to legal material in official electronic record

Illinois
Status: Failed
H.B. 540 / H.B. 5088 / S.B. 320 / S.B. 331 / S.B. 333 / S.B. 339 / S.B. 1103 / S.B. 1111 / S.B. 1168 / S.B. 1184
Amends the Uniform Electronic Legal Material Act--makes a technical change in a section concerning the short title. (Placeholder bills; do not contain any substantive language.)

Massachusetts
H.B. 43
Status: Failed.
Relates to the Uniform Electronic Legal Material Act.

Michigan
H.B. 5653
Status: Failed. 
Creates the Uniform Electronic Legal Material Act.

New York
A.B. 5631
Status: Failed.
Enacts the "uniform electronic legal material act."

S.B. 4606
Status: Failed.
Enacts the "uniform electronic legal material act."

Ohio
S.B. 343
Status: Failed
Adopts the Uniform Electronic Legal Material Act.

Rhode Island
H.B. 5415
Status: Failed.
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.

Washington
S.B. 6361
Status: Failed--adjourned.
Adopts the uniform electronic legal material act; includes electronic signatures.

West Virginia
H.B. 4394
Status: Failed--adjourned.
Concerns the Uniform Electronic Legal Material Act.

District of Columbia
B. 890
Status: Feb. 24, 2017; Sent to Congress.
Enacts the Uniform Electronic Legal Material Act of 2016, to provide for the official designation, authentication, and preservation of certain legal material in electronic records by an official publisher

LexisNexis State Net logo

LexisNexis Terms and Conditions

2015 Legislation

Illinois
H.B. 540 / S.B. 320 / S.B. 331 / S.B. 333 / S.B. 339 / S.B. 1103 / S.B. 1111 / S.B. 1168 / S.B. 1184
Amends the Uniform Electronic Legal Material Act--makes a technical change in a section concerning the short title.

Maryland
H.B. 162
Status: Failed
Requires an official publisher that publishes legal material in an electronic record to designate the electronic record as official, under specified circumstances, and authenticate the electronic record in a specified manner; provides that specified legal material in an electronic record is presumed to be an accurate copy of the legal material; requires an official publisher of specified legal material in an electronic record to provide for the preservation and security of the record.

S.B. 611
Status: Failed
Requires an official publisher that publishes legal material in an electronic record to designate the electronic record as official, under specified circumstances, and authenticate the electronic record in a specified manner; provides that specified legal material in an electronic record is presumed to be an accurate copy of the legal material; requires an official publisher of specified legal material in an electronic record to provide for the preservation and security of the record.

Massachusetts
H.B. 43
Status: Failed.
Relates to the 
Uniform Electronic Legal Material Act.

New York
A.B. 5631
Status: Pending
Enacts the "uniform electronic legal material act."

S.B. 4606
Status: Pending
Enacts the "uniform electronic legal material act."

Rhode Island
H.B. 5415
Status: Failed
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.

Texas
H.B. 1799
Status: Failed
Relates to the adoption of the Uniform Electronic Legal Material Act.
 

LexisNexis State Net logo

 

LexisNexis Terms and Conditions

2014 Legislation

2014 summary: Legislation was introduced/considered 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: July 23, 2014, Signed by Governor.  Chapter 357
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: Aug. 26, 2014; Signed by Governor. Public Act 1097
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: Sept. 24, 2014. Signed by Governor. Act 133
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.

LexisNexis State Net logo

 

 

LexisNexis Terms and Conditions

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.

LexisNexis State Net logo

 

LexisNexis Terms and Conditions

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.

LexisNexis State Net logo

 

LexisNexis Terms and Conditions

Additional Resources

 

NCSL contact for more information: Pam Greenberg, NCSL Denver Office.