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Minnesota Legislature

Office of the Revisor of Statutes

HF 278

as introduced - 88th Legislature (2013 - 2014) Posted on 02/13/2013 12:19pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to state government; enacting the Uniform Electronic Legal Material Act
approved by the National Conference of Commissioners on Uniform State Laws;
proposing coding for new law as Minnesota Statutes, chapter 3E.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [3E.01] SHORT TITLE.
new text end

new text begin This chapter may be cited as the "Uniform Electronic Legal Material Act."
new text end

Sec. 2.

new text begin [3E.02] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of this chapter, the terms in this section
have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Electronic. new text end

new text begin "Electronic" means relating to technology having electrical,
digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.
new text end

new text begin Subd. 3. new text end

new text begin Legal material. new text end

new text begin "Legal material" means, whether or not in effect:
new text end

new text begin (1) the Minnesota Constitution;
new text end

new text begin (2) Laws of Minnesota;
new text end

new text begin (3) Minnesota Statutes; or
new text end

new text begin (4) Minnesota Rules.
new text end

new text begin Subd. 4. new text end

new text begin Official publisher. new text end

new text begin "Official publisher" means:
new text end

new text begin (1) for the Minnesota Constitution, the revisor of statutes;
new text end

new text begin (2) for Laws of Minnesota, Minnesota Statutes, and Minnesota Rules, the revisor
of statutes.
new text end

new text begin Subd. 5. new text end

new text begin Publish. new text end

new text begin "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.
new text end

new text begin Subd. 6. new text end

new text begin Record. new text end

new text begin "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.
new text end

new text begin Subd. 7. new text end

new text begin State. new text end

new text begin "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.
new text end

Sec. 3.

new text begin [3E.03] APPLICABILITY.
new text end

new text begin This chapter applies to all legal material in an electronic record that is designated as
official under section 3E.04 and first published electronically on or after January 1, 2015.
new text end

Sec. 4.

new text begin [3E.04] LEGAL MATERIAL IN OFFICIAL ELECTRONIC RECORD.
new text end

new text begin Subdivision 1. new text end

new text begin Electronic publication only; requirements. new text end

new text begin If an official publisher
publishes legal material only in an electronic record, the publisher shall:
new text end

new text begin (1) designate the electronic record as official; and
new text end

new text begin (2) comply with sections 3E.05, 3E.07, and 3E.08.
new text end

new text begin Subd. 2. new text end

new text begin Electronic and nonelectronic publication. new text end

new text begin 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 3E.05, 3E.07, and 3E.08.
new text end

Sec. 5.

new text begin [3E.05] AUTHENTICATION OF OFFICIAL ELECTRONIC RECORD.
new text end

new text begin An official publisher of legal material in an electronic record that is designated as
official under section 3E.04 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.
new text end

Sec. 6.

new text begin [3E.06] EFFECT OF AUTHENTICATION.
new text end

new text begin Subdivision 1. new text end

new text begin Presumption of accuracy. new text end

new text begin Legal material in an electronic record
that is authenticated under section 3E.05 is presumed to be an accurate copy of the legal
material.
new text end

new text begin Subd. 2. new text end

new text begin Presumption in another state. new text end

new text begin 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.
new text end

new text begin Subd. 3. new text end

new text begin Burden of proof. new text end

new text begin A party contesting the authentication of legal material
in an electronic record authenticated under section 3E.05 has the burden of proving by a
preponderance of the evidence that the record is not authentic.
new text end

Sec. 7.

new text begin [3E.07] PRESERVATION AND SECURITY OF LEGAL MATERIAL IN
OFFICIAL ELECTRONIC RECORD.
new text end

new text begin Subdivision 1. new text end

new text begin Preservation and security required. new text end

new text begin An official publisher of
legal material in an electronic record that is or was designated as official under section
3E.04 shall provide for the preservation and security of the record in an electronic form
or a form that is not electronic.
new text end

new text begin Subd. 2. new text end

new text begin Requirements if preservation in electronic form. new text end

new text begin If legal material is
preserved under subdivision 1 in an electronic record, the official publisher shall:
new text end

new text begin (1) ensure the integrity of the record;
new text end

new text begin (2) provide for backup and disaster recovery of the record; and
new text end

new text begin (3) ensure the continuing usability of the material.
new text end

Sec. 8.

new text begin [3E.08] PUBLIC ACCESS TO LEGAL MATERIAL IN OFFICIAL
ELECTRONIC RECORD.
new text end

new text begin An official publisher of legal material in an electronic record that is required to be
preserved under section 3E.07 shall ensure that the material is reasonably available for
use by the public on a permanent basis.
new text end

Sec. 9.

new text begin [3E.09] STANDARDS.
new text end

new text begin In implementing this chapter, an official publisher of legal material in an electronic
record shall consider:
new text end

new text begin (1) standards and practices of other jurisdictions;
new text end

new text begin (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;
new text end

new text begin (3) the needs of users of legal material in an electronic record;
new text end

new text begin (4) the views of governmental officials and entities and other interested persons; and
new text end

new text begin (5) to the extent practicable, methods and technologies for the authentication of,
preservation and security of, and public access to legal material which 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.
new text end

Sec. 10.

new text begin [3E.10] RELATION TO ELECTRONIC SIGNATURES IN GLOBAL
AND NATIONAL COMMERCE ACT.
new text end

new text begin This chapter modifies, limits, and supersedes the Electronic Signatures in Global and
National Commerce Act, United States Code, title 15, section 7001 et seq., but does not
modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section
7001(c), or authorize electronic delivery of any of the notices described in section 103(b)
of that act, United States Code, title 15, section 7003(b).
new text end

Sec. 11. new text beginEFFECTIVE DATE.
new text end

new text begin This act is effective January 1, 2015.
new text end