1     
UNIFORM ELECTRONIC LEGAL MATERIAL ACT

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Lyle W. Hillyard

5     
House Sponsor: V. Lowry Snow

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Uniform Electronic Legal Material Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     enacts the Uniform Electronic Legal Material Act, including:
13               •     defining terms;
14               •     establishing the applicability of the act;
15               •     addressing the legal material that is an official electronic record;
16               •     providing for authentication;
17               •     addressing preservation and security;
18               •     addressing public access;
19               •     establishing standards;
20               •     providing for uniformity of application and construction; and
21               •     addressing relation to Electronic Signatures in Global and National Commerce
22     Act.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a special effective date.
27     Utah Code Sections Affected:

28     ENACTS:
29          46-5-101, Utah Code Annotated 1953
30          46-5-102, Utah Code Annotated 1953
31          46-5-103, Utah Code Annotated 1953
32          46-5-104, Utah Code Annotated 1953
33          46-5-105, Utah Code Annotated 1953
34          46-5-106, Utah Code Annotated 1953
35          46-5-107, Utah Code Annotated 1953
36          46-5-108, Utah Code Annotated 1953
37          48-5-109, Utah Code Annotated 1953
38          48-5-110, Utah Code Annotated 1953
39          48-5-111, Utah Code Annotated 1953
40     

41     Be it enacted by the Legislature of the state of Utah:
42          Section 1. Section 46-5-101 is enacted to read:
43     
TITLE 46. NOTARIZATION AND AUTHENTICATION OF DOCUMENTS,

44     
ELECTRONIC SIGNATURES, AND LEGAL MATERIAL

45     
CHAPTER 5. UNIFORM ELECTRONIC LEGAL MATERIAL ACT

46          46-5-101. Title.
47          This chapter is known as the "Uniform Electronic Legal Material Act."
48          Section 2. Section 46-5-102 is enacted to read:
49          46-5-102. Definitions.
50          In this chapter:
51          (1) "Electronic" means relating to technology having electrical, digital, magnetic,
52     wireless, optical, electromagnetic, or similar capabilities.
53          (2) "Legal material" means, whether or not in effect:
54          (a) the Utah Constitution;
55          (b) the Laws of Utah;
56          (c) the Utah Code;
57          (d) the Utah Administrative Code; or
58          (e) the Utah State Bulletin.

59          (3) "Official publisher" means:
60          (a) for the Utah Constitution, the Office of Legislative Research and General Counsel;
61          (b) for the Laws of Utah, the Office of Legislative Research and General Counsel;
62          (c) for the Utah Code, the Office of Legislative Research and General Counsel;
63          (d) for the Utah Administrative Code, the Office of Administrative Rules created in
64     Section 63G-3-401 within the Department of Administrative Services; or
65          (e) for the Utah State Bulletin, the Office of Administrative Rules.
66          (4) "Publish" means to display, present, or release to the public, or cause to be
67     displayed, presented, or released to the public, by the official publisher.
68          (5) "Record" means information that is inscribed on a tangible medium or that is stored
69     in an electronic or other medium and is retrievable in perceivable form.
70          (6) "State" means a state of the United States, the District of Columbia, Puerto Rico,
71     the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
72     of the United States.
73          Section 3. Section 46-5-103 is enacted to read:
74          46-5-103. Applicability.
75          This chapter applies to all legal material in an electronic record that is designated as
76     official under Section 46-5-104 and first published electronically on or after January 1, 2019.
77          Section 4. Section 46-5-104 is enacted to read:
78          46-5-104. Legal material in official electronic record.
79          (1) If an official publisher publishes legal material only in an electronic record, the
80     official publisher shall:
81          (a) designate the electronic record as official; and
82          (b) comply with Sections 46-5-105, 46-5-107, and 46-5-108.
83          (2) An official publisher that publishes legal material in an electronic record and also
84     publishes the material in a record other than an electronic record may designate the electronic
85     record as official if the official publisher complies with Sections 46-5-105, 46-5-107, and
86     46-5-108.
87          Section 5. Section 46-5-105 is enacted to read:
88          46-5-105. Authentication of official electronic record.
89          An official publisher of legal material in an electronic record that is designated as

90     official under Section 46-5-104 shall authenticate the record. To authenticate an electronic
91     record, the official publisher shall provide a method for a user to determine that the record
92     received by the user from the official publisher is unaltered from the official record published
93     by the official publisher.
94          Section 6. Section 46-5-106 is enacted to read:
95          46-5-106. Effect of authentication.
96          (1) Legal material in an electronic record that is authenticated under Section 46-5-105
97     is presumed to be an accurate copy of the legal material.
98          (2) If another state has adopted a law substantially similar to this chapter, legal material
99     in an electronic record that is designated as official and authenticated by the official publisher
100     in that state is presumed to be an accurate copy of the legal material.
101          (3) A party contesting the authentication of legal material in an electronic record
102     authenticated under Section 46-5-105 has the burden of proving by a preponderance of the
103     evidence that the record is not authentic.
104          Section 7. Section 46-5-107 is enacted to read:
105          46-5-107. Preservation and security of legal material in official electronic records.
106          (1) An official publisher of legal material in an electronic record that is or was
107     designated as official under Section 46-5-104 shall provide for the preservation and security of
108     the record in an electronic form or a form that is not electronic.
109          (2) If legal material is preserved under Subsection (1) in an electronic record, the
110     official publisher shall:
111          (a) ensure the integrity of the record;
112          (b) provide for backup and disaster recovery of the record; and
113          (c) ensure the continuing usability of the material.
114          Section 8. Section 46-5-108 is enacted to read:
115          46-5-108. Public access to legal material in official electronic record.
116          An official publisher of legal material in an electronic record that is required to be
117     preserved under Section 48-5-107 shall ensure that the material is reasonably available for use
118     by the public on a permanent basis.
119          Section 9. Section 48-5-109 is enacted to read:
120          48-5-109. Standards.

121          In implementing this chapter, an official publisher of legal material in an electronic
122     record shall consider:
123          (1) standards and practices of other jurisdictions;
124          (2) the most recent standards regarding authentication of, preservation and security of,
125     and public access to, legal material in an electronic record and other electronic records, as
126     promulgated by national standard-setting bodies;
127          (3) the needs of users of legal material in an electronic record;
128          (4) the views of governmental officials and entities and other interested persons; and
129          (5) to the extent practicable, methods and technologies for the authentication of,
130     preservation and security of, and public access to, legal material which are compatible with the
131     methods and technologies used by other official publishers in this state and in other states that
132     have adopted a law substantially similar to this chapter.
133          Section 10. Section 48-5-110 is enacted to read:
134          48-5-110. Uniformity of application and construction.
135          In applying and construing this uniform act, consideration must be given to the need to
136     promote uniformity of the law with respect to its subject matter among states that enact it.
137          Section 11. Section 48-5-111 is enacted to read:
138          48-5-111. Relation to Electronic Signatures in Global and National Commerce
139     Act.
140          This chapter modifies, limits, and supersedes the Electronic Signatures in Global and
141     National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede
142     Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the
143     notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).
144          Section 12. Effective date.
145          This bill takes effect on January 1, 2019.






Legislative Review Note
Office of Legislative Research and General Counsel