SPONSOR: |
Rep.
Walker & Sen. Henry |
|
|
HOUSE OF REPRESENTATIVES 147th GENERAL ASSEMBLY |
HOUSE BILL NO. 403 |
AN ACT TO AMEND TITLE 1 OF THE DELAWARE CODE RELATING TO ELECTRONIC LEGAL MATERIAL. |
Section 1. Amend Title 1 of the Delaware Code by adding a new chapter as shown by underline as follows:
CHAPTER 4.
UNIFORM ELECTRONIC LEGAL MATERIAL ACT
§ 401. Short
title.
This chapter
may be cited as the “Uniform Electronic Legal Material Act.”
§ 402.
Definitions.
In this
chapter:
(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 Delaware;
b.
The Laws of Delaware;
c.
The Delaware Code; and
d.
A state agency regulation promulgated in accordance with §§ 10111 through 10119
of Title 29.
(3)
“Official publisher” means:
a.
For the Constitution of Delaware, the General Assembly;
b.
For the Laws of Delaware, the General Assembly;
c.
For the Delaware Code, the General Assembly; and
d.
For a regulation published in the Delaware Administrative Code, the General
Assembly.
(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.
§ 403.
Applicability.
This chapter
applies to all legal material in an electronic record that is designated as
official under § 404 of this title and first published electronically on or
after the effective date of this act.
§ 404. 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; and
(2)
Meet the requirements of §§ 405, 407, and 408 of this title.
(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 requirements of §§ 405, 407,
and 408 of this title are met.
§ 405.
Authentication of official electronic record.
(a) An official
publisher of legal material in an electronic record that is designated as
official under § 404 of this title shall authenticate the record.
(b) 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.
§ 406. Effect
of authentication.
(a) Legal
material in an electronic record that is authenticated under § 405 of this
title is presumed to be an accurate copy of the legal material.
(b) If another
state has adopted a law substantially similar to this chapter, 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 § 405 of this title has the burden of proving by a
preponderance of the evidence that the record is not authentic.
§ 407.
Preservation and security of legal material in official electronic record.
(a) An official
publisher of legal material in an electronic record that is or was designated
as official under § 404 of this title 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; and
(3)
Ensure the continuing usability of the material.
§ 408. Public
access to legal material in official electronic record.
An official
publisher of legal material in an electronic record that must be preserved
under § 407 of this title shall ensure that the material is reasonably
available for use by the public on a permanent basis.
§ 409.
Standards.
In implementing
this chapter, 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;
and
(5)
To the extent practicable, the use of 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 chapter.
§ 410.
Uniformity of application and construction.
In applying and
construing this chapter, consideration must be given to the need to promote
uniformity of the law with respect to its subject matter among states that
enact it.
§ 411. Relation
to Electronic Signatures in Global and National Commerce Act.
This chapter
modifies, limits, and supersedes the “Electronic Signatures in Global and
National Commerce Act,” 15 U.S.C. § 7001 et seq., but does not modify, limit,
or supersede section 101 (c) of that act, 15 U.S.C. § 7001 (c), or authorize
electronic delivery of any of the notices described in section 103 (b) of that
act, 15 U.S.C. § 7003 (b).
Section 2. This Act becomes effective 90 days after its enactment into law.
SYNOPSIS
This bill adopts the “Uniform Electronic Legal Material Act” to allow the electronic versions of legal material published by the State, including the Constitution, the Laws of Delaware, the Delaware Code, and the Delaware Administrative Code, to be designated as the official version. |