AN ACT

 

1Amending Titles 44 (Law and Justice) and 45 (Legal Notices) of
2the Pennsylvania Consolidated Statutes, modernizing
3publication of Commonwealth legal materials; providing for
4uniformity in electronic legal materials in the areas of
5designation, authentication, preservation and access;
6conferring powers and duties on various Commonwealth
7agencies; and, in publication and effectiveness of
8Commonwealth documents, further providing for definitions,
9for the Joint Committee on Documents, for general
10administration, for payment for documents, for distribution
11of publication expenses, for effect of future legislation,
12for publication of official codification, for deposit of
13documents required, for processing of deposited documents,
14for preliminary publication in Pennsylvania Bulletin, for
15permanent supplements to Pennsylvania Code, for pricing and
16distribution of published documents, for automatic
17subscriptions, for required contractual arrangements, for
18official text of published documents, for effective date of
19documents and for presumptions created.

20The General Assembly of the Commonwealth of Pennsylvania
21hereby enacts as follows:

22Section 1. The heading of Part I of Title 44 of the
23Pennsylvania Consolidated Statutes is amended to read:

24PART I

25PRELIMINARY PROVISIONS

26[(RESERVED)]

27Section 2. Part I of Title 44 is amended by adding a chapter

1to read:

2CHAPTER 7

3UNIFORM ELECTRONIC LEGAL MATERIAL ACT

4Sec.

5701. Short title of chapter.

6702. Definitions.

7703. Applicability.

8704. Legal material in official electronic record.

9705. Authentication of official electronic record.

10706. Effect of authentication.

11707. Preservation and security of legal material in official
12electronic record.

13708. Public access to legal material in official electronic
14record.

15709. Standards.

16710. Uniformity of application and construction.

17711. Relation to Electronic Signatures in Global and National
18Commerce Act.

19§ 701. Short title of chapter.

20This chapter shall be known and may be cited as the Uniform
21Electronic Legal Material Act.

22§ 702. Definitions.

23The following words and phrases when used in this chapter
24shall have the meanings given to them in this section unless the
25context clearly indicates otherwise:

26"Bureau." The Legislative Reference Bureau.

27"Electronic." Relating to technology having electrical,
28digital, magnetic, wireless, optical, electromagnetic or similar
29capabilities.

30"Legal material." Whether or not in effect, any of the

1following:

2(1) The Constitution of the Commonwealth of
3Pennsylvania.

4(2) The Laws of Pennsylvania under 1 Pa.C.S. § 1103
5(relating to preparation of statutes for printing).

6(3) The Pennsylvania Code.

7(4) A Commonwealth agency regulation that has or had the
8effect of law.

9(5) (Reserved).

10(6) Reported decisions of:

11(i) the Supreme Court;

12(ii) Superior Court;

13(iii) Commonwealth Court; or

14(iv) a court of common pleas.

15(7) Rules of court.

16"Official publisher." As follows:

17(1) For the Constitution of the Commonwealth of
18Pennsylvania, the bureau.

19(2) For the Laws of Pennsylvania under 1 Pa.C.S. § 1105
20(relating to editing statutes for printing), the bureau.

21(3) For the Pennsylvania Code, the bureau.

22(4) For a regulation published in the Pennsylvania Code,
23the bureau.

24(5) (Reserved).

25(6) (Reserved).

26(7) For a State court decision included under paragraph
27(6) of the definition of "legal material," the prothonotary
28of the applicable court.

29(8) For rules of court, the Administrative Office of
30Pennsylvania Courts.

1(9) (Reserved).

2"Publish." To display, present or release to the public, or
3cause to be displayed, presented or released to the public, by
4the official publisher.

5"Record." Information that is inscribed on a tangible medium
6or that is stored in an electronic or other medium and is
7retrievable in perceivable form.

8"State." A state of the United States, the District of
9Columbia, Puerto Rico, the Virgin Islands or any territory or
10insular possession subject to the jurisdiction of the United
11States.

12§ 703. Applicability.

13This chapter applies to all legal material in an electronic
14record that is designated as official under section 704
15(relating to legal material in official electronic record).

16§ 704. Legal material in official electronic record.

17(a) Exclusive electronic publication.--If an official
18publisher publishes legal material only in an electronic record,
19the publisher shall:

20(1) designate the electronic record as official; and

21(2) comply with sections 705 (relating to authentication
22of official electronic record), 707 (relating to preservation
23and security of legal material in official electronic record)
24and 708 (relating to public access to legal material in
25official electronic record).

26(b) Multiple publication.--An official publisher that
27publishes legal material in an electronic record and also
28publishes the material in a record other than an electronic
29record may designate the electronic record as official if the
30publisher complies with sections 705, 707 and 708.

1§ 705. Authentication of official electronic record.

2An official publisher of legal material in an electronic
3record that is designated as official under section 704
4(relating to legal material in official electronic record) shall
5authenticate the record. To authenticate an electronic record,
6the publisher must provide a method for a user to determine that
7the record received by the user from the publisher is unaltered
8from the official record published by the publisher.

9§ 706. Effect of authentication.

10(a) Pennsylvania.--Legal material in an electronic record
11that is authenticated under section 705 (relating to
12authentication of official electronic record) is presumed to be
13an accurate copy of the legal material.

14(b) Other states.--If another state has adopted a law
15substantially similar to this chapter, legal material in an
16electronic record that is designated as official and
17authenticated by the official publisher in that state is
18presumed to be an accurate copy of the legal material.

19(c) Contest.--A party contesting the authentication of legal
20material in an electronic record authenticated under section 705
21has the burden of proving by a preponderance of the evidence
22that the record is not authentic.

23§ 707. Preservation and security of legal material in official
24electronic record.

25(a) Duty.--An official publisher of legal material in an
26electronic record that is or was designated as official under
27section 704 (relating to legal material in official electronic
28record) shall provide for the preservation and security of the
29record in an electronic form or a form that is not electronic.

30(b) Requirements.--If legal material is preserved under

1subsection (a) in an electronic record, the official publisher
2shall:

3(1) ensure the integrity of the record;

4(2) provide for backup and disaster recovery of the
5record; and

6(3) ensure the continuing usability of the material.

7§ 708. Public access to legal material in official electronic
8record.

9An official publisher of legal material in an electronic
10record that is required to be preserved under section 707
11(relating to preservation and security of legal material in
12official electronic record) shall ensure that the material is
13reasonably available for use by the public on a permanent basis.

14§ 709. Standards.

15In implementing this chapter, an official publisher of legal
16material in an electronic record shall consider:

17(1) standards and practices of other jurisdictions;

18(2) the most recent standards regarding authentication
19of, preservation and security of and public access to, legal
20material in an electronic record and other electronic
21records, as promulgated by national standard-setting bodies;

22(3) the needs of users of legal material in an
23electronic record;

24(4) the views of governmental officials and entities and
25other interested persons; and

26(5) to the extent practicable, methods and technologies
27for the authentication of, preservation and security of and
28public access to, legal material which are compatible with
29the methods and technologies used by other official
30publishers in this Commonwealth and in other states that have

1adopted a law substantially similar to this chapter.

2§ 710. Uniformity of application and construction.

3In applying and construing this uniform act, consideration
4must be given to the need to promote uniformity of the law with
5respect to its subject matter among states that enact it.

6§ 711. Relation to Electronic Signatures in Global and National
7Commerce Act.

8To the extent permitted by section 102 of the Electronic 
9Signatures in Global and National Commerce Act (Public Law 106-
10229, 15 U.S.C. § 7002), this chapter may supersede provisions of 
11that act.

12Section 3. Section 501 of Title 45 is amended by adding
13definitions to read:

14§ 501. Definitions.

15Subject to additional definitions contained in subsequent
16provisions of this part which are applicable to specific
17provisions of this part, the following words and phrases when
18used in this part shall have, unless the context clearly
19indicates otherwise, the meanings given to them in this section:

20* * *

21"Authenticate." To attest to the genuine nature. The term 
22includes providing a method for a user to determine that an 
23electronic record is unaltered.

24* * *

25"Electronic." Relating to technology having electrical,
26digital, magnetic, wireless, optical, electromagnetic or similar
27capabilities.

28* * *

29"Publish." To present to the public in any medium.

30"Record." Information that is inscribed on a tangible medium

1or that is stored in an electronic or other medium and is
2retrievable in perceivable form.

3* * *

4Section 4. Sections 502(a), 503, 504, 505(a), 508, 721,
5722(b), (c) and (d), 723, 724(a) and (b), 726(a), 730
6introductory paragraph (2) and (3), 731, 732(a), (b) and (d),
7901(b), 903 and 905 of Title 45 are amended to read:

8§ 502. Joint Committee on Documents.

9(a) Establishment.--The Joint Committee on Documents shall
10consist of [five] nine governmental members and two public
11members. The governmental members shall be the General Counsel,
12the Attorney General, the Director of the Legislative Reference
13Bureau, the Director of the Pennsylvania Code, the President pro
14tempore of the Senate, the Minority Leader of the Senate, the
15Speaker of the House of Representatives, the Minority Leader of 
16the House of Representatives and the Secretary of General
17Services, or persons severally designated in writing by them.
18The public members shall be appointed by the Governor from among
19attorneys at law or other members of the public who represent
20the class who may be expected to refer to the documents
21published pursuant to this part. For the purposes of the act of
22April 9, 1929 (P.L.177, No.175), known as "The Administrative
23Code of 1929" and its supplements the joint committee shall be a
24departmental administrative board in the Department of General
25Services.

26* * *

27§ 503. General administration of part.

28Subject to the provisions of section 732 (relating to
29required contractual arrangements), the manner in which the
30code, the permanent supplements thereto, and the bulletin, shall

1be [printed, reprinted, compiled, indexed, bound and
2distributed] published, and all other matters with respect
3thereto not otherwise provided for in this part shall be
4prescribed by regulations promulgated or orders adopted by the
5joint committee. The joint committee shall administer this part
6and Subchapter A of Chapter 3 of Title 2 (relating to
7regulations of Commonwealth agencies) with a view toward
8encouraging the widest possible dissemination of documents among
9the persons affected thereby which is consistent with the due
10administration of public affairs.

11[§ 504. Payment for documents.

12Payments for documents published by authority of this part
13shall be made to the Department of General Services, which shall
14pay the same into the State Treasury through the Department of
15Revenue to the credit of the appropriations of the bureau and
16the department in such proportions as the joint committee shall
17specify.]

18§ 505. Distribution of publication expenses.

19(a) General rule.--In order to reimburse the Legislative
20Reference Bureau for the cost of administering this part and in
21order to reimburse the Department of General Services for the
22expenses of the joint committee and for the costs incurred in
23[printing and distributing the publications provided for in]
24publication under Subchapter B of Chapter 7 (relating to
25publication of documents) which are neither recovered by the
26sale of such publications to an agency under section 729
27(relating to publication of individual documents) [and section
28731 (relating to automatic subscriptions) or to the public under
29section 504 (relating to payment for documents)] nor paid by
30appropriations made directly to the bureau or the department for

1the costs and expenses of such [administration, printing and
2distribution] publication, every government unit issuing,
3prescribing or promulgating documents published by authority of
4this part shall be billed at least quarterly by the bureau and
5the Department of General Services, upon a cost basis, at such
6amounts as the joint committee with the approval of the
7Executive Board shall determine, for such costs and expenses.
8Amounts payable under this section for reimbursing the bureau
9and the department for the costs [of administration and printing
10and distribution] shall be credited to the appropriations of the
11bureau and the department respectively, and shall be paid out of
12the moneys in the General Fund, special operating funds, or
13other funds of the State Treasury currently appropriated to each
14such issuing, prescribing or promulgating government unit.

15* * *

16§ 508. Effect of future legislation.

17No subsequent statute shall be held to supersede or modify
18the [provisions of] act of July 31, 1968 (P.L.769, No.240), 
19referred to as the Commonwealth Documents Law, or this part
20except to the extent that such statute shall do so expressly.

21§ 721. Publication of official codification.

22It shall be the duty of the Legislative Reference Bureau,
23subject to the policy supervision and direction of the joint
24committee, to arrange through the Department of General Services
25for the prompt [printing and distribution] publication of the
26code, the permanent supplements thereto and the bulletin, in the
27manner and at the times required in accordance with this
28subchapter and regulations promulgated hereunder.

29§ 722. Deposit of documents required.

30* * *

1(b) Disposition of copies.--Upon such filing one copy shall
2be immediately available for public inspection and copying under
3regulations promulgated by the joint committee, which copy shall
4be retained by the bureau for one year after the publication
5thereof, whereupon it shall be forwarded to the Pennsylvania
6Historical and Museum Commission for preservation in the
7Commonwealth archives. The other copy shall be [transmitted
8immediately to the Department of General Services, or to a
9printer designated by it,] processed for publication as provided
10in this subchapter.

11(c) Effect of failure to file.--Every agency, the
12Administrative Office of Pennsylvania Courts and the clerk or
13prothonotary of the Supreme Court shall cause to be transmitted
14to the bureau for deposit as herein provided two certified
15duplicate original copies of all documents issued, prescribed or
16promulgated by the agency or the unified judicial system which
17are required by or pursuant to this subchapter or any other
18provision of law to be deposited or published, or both, under
19this part; in default of which any such document[, except a
20document rendered entirely void by such default pursuant to 2 
21Pa.C.S. § 308 (relating to unfiled administrative regulations
22invalid) or any similar provision of law,] shall be effective
23only to the extent provided in section 903 of this title
24(relating to effective date of documents). If an agency and the
25bureau disagree concerning the form or format of a document
26required or authorized to be deposited with the bureau, the
27agency may refer the matter to the joint committee, which shall
28resolve the conflict pursuant to the standards and procedures
29provided by section [723 of this title] 723(a) (relating to
30processing of deposited documents).

1[(d) Home rule charter documents and optional plans of
2government.--

3(1) The clerk of the city council of any city of the
4first class shall cause a certified copy of the full text of
5any home rule charter or amendment or repeal as approved by
6the electors to be filed in the Department of Community
7Affairs (and in the office of the secretary of the board of
8public education, in the case of a charter provision
9affecting the school district of the city) immediately
10following the final certification of the return of the votes
11cast on the question of the adoption, amendment or repeal of
12a home rule charter.

13(2) In the case of any other political subdivision
14authorized to adopt a home rule charter or optional plan of
15government, the county board of elections shall file the
16documents relating thereto in the Department of Community
17Affairs and in other public offices as provided by the act of
18April 13, 1972 (P.L.184, No.62), known as the "Home Rule
19Charter and Optional Plans Law."

20(3) The Department of Community Affairs shall, within
21ten days after receipt of any home rule charter or amendment
22or repeal or any optional plan of government as approved by
23the electors of any part of this Commonwealth, certify two
24duplicate original copies of the full text thereof and
25deposit such certified copies with the Legislative Reference
26Bureau.]

27§ 723. Processing of deposited documents.

28(a) Review of deposited text.--The bureau, or a qualified
29contractor selected by the bureau with the approval of the joint
30committee, may review any or all documents deposited with the

1bureau before they are released for publication, and may prepare
2in active cooperation with an agency a revised text of any
3document relating to the administrative regulations of the
4agency which conforms fully to the format established for the
5code, which eliminates all obsolete, unnecessary or unauthorized
6material, which has been prepared in such a manner as to lend to
7the published code as a whole uniformity of style and clarity of
8expression, and which does not effect any change in the
9substance of the deposited text of such regulations. [Whenever
10any such revised text with respect to each agency is prepared,
11two duplicate original copies thereof, with proof of service of
12a third copy thereof upon the executive officer, chairman or
13secretary of such agency, shall be filed by the bureau with the
14joint committee, and shall immediately be made available by the
15bureau for public inspection and copying.

16(b) Status of revised text.--Such revised text shall become
17the agency text of such regulations for the purposes of this
18part ten days after such filing unless, within such ten-day
19period, the agency shall file with the joint committee written
20objections to such revised text. In that event, the joint
21committee shall consult with the agency, shall make such
22alterations, if any, in such revised text as may be necessary in
23order to retain the substance of the deposited text of such
24regulations in a manner consistent with the standards of the
25code, and shall by order prescribe the text of such regulations
26which shall become the agency text thereof for the purposes of
27this part.]

28§ 724. Preliminary publication in Pennsylvania Bulletin.

29(a) General rule.--Except as provided in subsection (c), all
30documents required or authorized by section 702 (relating to

1contents of Pennsylvania Code) to be codified in the code, and
2all other documents required or authorized by section 725
3(relating to additional contents of Pennsylvania Bulletin) to be
4published, shall be published in the first available issue of an
5official gazette, known as the "Pennsylvania Bulletin,"
6[printed] published after the filing of such documents by the
7Legislative Reference Bureau.

8(b) Frequency and format of bulletin.--The bulletin shall be
9published at least once each week and shall contain all
10previously unpublished documents duly filed prior to the closing
11date and hour of the issue, which date and hour shall appear
12upon the first page of such issue. All issues of the bulletin
13shall contain a table of contents. A cumulative index shall be
14published at least once each three months. The joint committee
15may provide for more frequent publication of the bulletin and
16indices as circumstances may require. There shall be [printed]
17published with each document a notation of the date of filing
18thereof.

19* * *

20§ 726. Permanent supplements to Pennsylvania Code.

21(a) General rule.--At least once each year all documents
22required or authorized pursuant to section 702 (relating to
23contents of Pennsylvania Code) to be codified in the code which
24have been filed with the bureau pursuant to this part shall be
25permanently integrated into the code by [the] publication [of
26looseleaf pages or pocket parts for or other appropriate
27permanent supplements to or reissues of the code as published]
28pursuant to section 721 (relating to publication of official
29codification). The index to the code shall be similarly
30supplemented [or reissued].

1* * *

2§ 730. Pricing and distribution of published documents.

3The prices to be charged for individual copies of and
4subscriptions to the code, the permanent supplements thereto and
5the bulletin, for reprints and bound volumes thereof and for
6pamphlet regulations, statements of policy, general rules and
7rules of court, which prices may be fixed without reference to
8the restrictions placed upon and fixed for the sale of other
9publications of the Commonwealth, and the number of copies which
10shall be distributed free for official use, shall be set by
11regulations promulgated by the joint committee. Without limiting
12the generality of the foregoing, such regulations may provide
13for volume discounts available to established law book
14publishers who agree to incorporate fully the code, the
15permanent supplements thereto and the bulletin into their
16general scheme of promotion and distribution and may provide for
17the free reciprocal exchange of publications between this
18Commonwealth and other states and foreign jurisdictions and for
19the free distribution upon request of [at least one copy of]
20every publication printed under authority of this part to each:

21* * *

22[(2) Member of the General Assembly at the post office
23address specified by him.

24(3) Law school library which pursuant to rules of court
25receives copies of reproduced briefs and records filed in the
26Supreme Court of Pennsylvania.

27§ 731. Automatic subscriptions.

28Except as otherwise provided by regulations promulgated by
29the joint committee, whenever the Pennsylvania Public Utility
30Commission, the Department of Banking, the Insurance Department

1or any other agency assesses, pursuant to authority expressly
2conferred by law, the cost or any substantial part thereof of
3the regulation or supervision of any class of persons directly
4against such class of persons, such agency shall purchase from
5the Department of General Services in the name of each such
6person:

7(1) a subscription to the bulletin; and

8(2) a subscription to the title or part thereof of the
9code and the permanent supplements thereto relating to the
10regulation or supervision of such class of persons;

11and shall include in its assessment bills issued to each such
12class of persons the estimated cost (notwithstanding any other
13provision of law requiring such assessment to be retrospective)
14and the net unrecovered cost attributable to any preceding
15period, of complying with this section.]

16§ 732. Required contractual arrangements.

17(a) General rule.--[Except as otherwise provided by statute
18finally enacted after July 1, 1969 applicable to public printing
19and binding generally] The following shall be published by the 
20bureau or by a contractor under subsection (b):

21(1) the code;

22(2) the permanent supplements thereto published pursuant
23to section 726 (relating to permanent supplements to
24Pennsylvania Code);

25(3) pamphlet copies of regulations, statements of
26policy, general rules and rules of court published pursuant
27to section 729 (relating to publication of individual
28documents); and

29(4) the bulletin (unless the application of this section
30to the bulletin is found to be impracticable by the joint

1committee after notice in the bulletin and opportunity for
2hearing) published pursuant to section 724 (relating to
3preliminary publication in Pennsylvania Bulletin) and section
4725 (relating to additional contents of Pennsylvania
5Bulletin)[;

6shall be printed or reproduced under contract with a contractor
7unaffiliated with the Commonwealth].

8(b) [Competitive bidding.--Every such contract] Selection of 
9contractor.--A contract under subsection (a) shall be given[,
10after] in one of the following manners:

11(1) After reasonable public invitation for proposals, to
12the lowest responsible bidder below such maximum price and
13under such regulations as shall be prescribed by the joint
14committee.

15(2) After investigation and public hearing by the joint
16committee, to a sole source contractor selected by the joint
17committee.

18* * *

19[(d) Definitions.--For the purposes of this section the
20terms "printed" or "reproduced" shall not include mimeographed,
21multilithed or reproduced by any similar in-house process or
22produced by computer.]

23§ 901. Official text of published documents.

24* * *

25[(b) Home rule charter documents and optional plans of
26government.--Notwithstanding subsection (a), the text of any
27home rule charter amendment or repeal or any optional plan of
28government, as published as provided in Subchapter B of Chapter
297, shall from the date of such publication be prima facie
30evidence of the text of the home rule charter, amendment or

1repeal, or of the plan of government approved by the electors.]

2§ 903. Effective date of documents.

3No otherwise valid document which is required by or pursuant
4to this part or by any other provision of law to be published
5under this part, shall be valid as against any person who has
6not had actual knowledge thereof until such publication has been
7effected. Publication shall be deemed to have been effected upon
8the deposit of the bulletin or the permanent supplement to the
9code containing such document in the United States mail for
10distribution. The issue date of the bulletin and of the
11permanent supplement to the code shall be the day of such
12deposit, and, in the case of the bulletin, such date shall be
13[printed] indicated prominently upon the first page of each
14issue thereof.

15§ 905. Presumptions created.

16The publication in the code, the permanent supplements
17thereto, or the bulletin of any document shall create a
18rebuttable presumption:

19(1) That it was duly issued, prescribed or promulgated.

20[(2) That it was approved as to legality, if so required
21by 2 Pa.C.S. § 305 (relating to approval as to legality) by
22the Department of Justice.]

23(3) That there has been compliance with all
24[requirements of Subchapter A of Chapter 3 of Title 2
25(relating to regulations of Commonwealth agencies) and of
26this part and the regulations promulgated thereunder] of the 
27following applicable to such document [have been complied
28with]:

29(i) Section 612 of the act of April 9, 1929
30(P.L.177, No.175), known as The Administrative Code of

11929.

2(ii) The act of July 31, 1968 (P.L.769, No.240),
3referred to as the Commonwealth Documents Law.

4(iii) Sections 204(b) and 301(10) of the act of
5October 15, 1980 (P.L.950, No.164), known as the
6Commonwealth Attorneys Act.

7(iv) The act of June 25, 1982 (P.L.633, No.181),
8known as the Regulatory Review Act.

9(v) This part.

10(vi) 1 Pa. Code Pt. I (relating to Joint Committee 
11on Documents).

12Section 5. This act shall take effect in 60 days.