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)]

1Section 2. Part I of Title 44 is amended by adding a chapter
2to read:

3CHAPTER 7

4UNIFORM ELECTRONIC LEGAL MATERIAL ACT

5Sec.

6701. Short title of chapter.

7702. Definitions.

8703. Applicability.

9704. Legal material in official electronic record.

10705. Authentication of official electronic record.

11706. Effect of authentication.

12707. Preservation and security of legal material in official
13electronic record.

14708. Public access to legal material in official electronic
15record.

16709. Standards.

17710. Uniformity of application and construction.

18711. Relation to Electronic Signatures in Global and National
19Commerce Act.

20§ 701. Short title of chapter.

21This chapter shall be known and may be cited as the Uniform
22Electronic Legal Material Act.

23§ 702. Definitions.

24The following words and phrases when used in this chapter
25shall have the meanings given to them in this section unless the
26context clearly indicates otherwise:

27"Bureau." The Legislative Reference Bureau.

28"Electronic." Relating to technology having electrical,
29digital, magnetic, wireless, optical, electromagnetic or similar
30capabilities.

1"Legal material." Whether or not in effect, any of the
2following:

3(1) The Constitution of the Commonwealth of
4Pennsylvania.

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

7(3) The Pennsylvania Code.

8(4) A Commonwealth agency regulation that has or had the
9effect of law.

10(5) (Reserved).

11(6) Reported decisions of:

12(i) the Supreme Court;

<-13(ii) Superior Court;

14(iii) Commonwealth Court; or

15(iv) a court of common pleas.

<-16(ii) Superior Court; or

17(iii) Commonwealth Court.

18(7) Rules of court <-under 42 Pa.C.S. § 1722 (relating to 
19adoption of administrative and procedural rules).

20"Official publisher." As follows:

21(1) For the Constitution of the Commonwealth of
22Pennsylvania, the bureau.

23(2) For the Laws of Pennsylvania under 1 Pa.C.S. § 1105
24(relating to editing statutes for printing), the bureau.

25(3) For the Pennsylvania Code, the bureau.

26(4) For a regulation published in the Pennsylvania Code,
27the bureau.

28(5) (Reserved).

29(6) (Reserved).

30(7) For a State court decision included under paragraph

1(6) of the definition of "legal material," the prothonotary
2of the applicable court.

3(8) For rules of court <-under 42 Pa.C.S. § 1722, the
4Administrative Office of Pennsylvania Courts.

5(9) (Reserved).

6"Publish." To display, present or release to the public, or
7cause to be displayed, presented or released to the public, by
8the official publisher.

9"Record." Information that is inscribed on a tangible medium
10or that is stored in an electronic or other medium and is
11retrievable in perceivable form.

12"State." A state of the United States, the District of
13Columbia, Puerto Rico, the Virgin Islands or any territory or
14insular possession subject to the jurisdiction of the United
15States.

16§ 703. Applicability.

17This chapter applies to all legal material in an electronic
18record that is designated as official under section 704
19(relating to legal material in official electronic record).

20§ 704. Legal material in official electronic record.

21(a) Exclusive electronic publication.--If an official
22publisher publishes legal material only in an electronic record,
23the publisher shall:

24(1) designate the electronic record as official; and

25(2) comply with sections 705 (relating to authentication
26of official electronic record), 707 (relating to preservation
27and security of legal material in official electronic record)
28and 708 (relating to public access to legal material in
29official electronic record).

30(b) Multiple publication.--An official publisher that

1publishes legal material in an electronic record and also
2publishes the material in a record other than an electronic
3record may designate the electronic record as official if the
4publisher complies with sections 705, 707 and 708.

5§ 705. Authentication of official electronic record.

6An official publisher of legal material in an electronic
7record that is designated as official under section 704
8(relating to legal material in official electronic record) shall
9authenticate the record. To authenticate an electronic record,
10the publisher must provide a method for a user to determine that
11the record received by the user from the publisher is unaltered
12from the official record published by the publisher.

13§ 706. Effect of authentication.

14(a) Pennsylvania.--Legal material in an electronic record
15that is authenticated under section 705 (relating to
16authentication of official electronic record) is presumed to be
17an accurate copy of the legal material.

18(b) Other states.--If another state has adopted a law
19substantially similar to this chapter, legal material in an
20electronic record that is designated as official and
21authenticated by the official publisher in that state is
22presumed to be an accurate copy of the legal material.

23(c) Contest.--A party contesting the authentication of legal
24material in an electronic record authenticated under section 705
25has the burden of proving by a preponderance of the evidence
26that the record is not authentic.

27§ 707. Preservation and security of legal material in official
28electronic record.

29(a) Duty.--An official publisher of legal material in an
30electronic record that is or was designated as official under

1section 704 (relating to legal material in official electronic
2record) shall provide for the preservation and security of the
3record in an electronic form or a form that is not electronic.

4(b) Requirements.--If legal material is preserved under
5subsection (a) in an electronic record, the official publisher
6shall:

7(1) ensure the integrity of the record;

8(2) provide for backup and disaster recovery of the
9record; and

10(3) ensure the continuing usability of the material.

11§ 708. Public access to legal material in official electronic
12record.

13An official publisher of legal material in an electronic
14record that is required to be preserved under section 707
15(relating to preservation and security of legal material in
16official electronic record) shall ensure that the material is
17reasonably available for use by the public on a permanent basis.

18§ 709. Standards.

19In implementing this chapter, an official publisher of legal
20material in an electronic record shall consider:

21(1) standards and practices of other jurisdictions;

22(2) the most recent standards regarding authentication
23of, preservation and security of and public access to, legal
24material in an electronic record and other electronic
25records, as promulgated by national standard-setting bodies;

26(3) the needs of users of legal material in an
27electronic record;

28(4) the views of governmental officials and entities and
29other interested persons; and

30(5) to the extent practicable, methods and technologies

1for the authentication of, preservation and security of and
2public access to, legal material which are compatible with
3the methods and technologies used by other official
4publishers in this Commonwealth and in other states that have
5adopted a law substantially similar to this chapter.

6§ 710. Uniformity of application and construction.

7In applying and construing this uniform act, consideration
8must be given to the need to promote uniformity of the law with
9respect to its subject matter among states that enact it.

10§ 711. Relation to Electronic Signatures in Global and National
11Commerce Act.

12To the extent permitted by section 102 of the Electronic 
13Signatures in Global and National Commerce Act (Public Law 106-
14229, 15 U.S.C. § 7002), this chapter may supersede provisions of 
15that act.

16Section 3. Section 501 of Title 45 is amended by adding
17definitions to read:

18§ 501. Definitions.

19Subject to additional definitions contained in subsequent
20provisions of this part which are applicable to specific
21provisions of this part, the following words and phrases when
22used in this part shall have, unless the context clearly
23indicates otherwise, the meanings given to them in this section:

24* * *

25"Authenticate." To attest to the genuine nature. The term 
26includes providing a method for a user to determine that an 
27electronic record is unaltered.

28* * *

29"Electronic." Relating to technology having electrical,
30digital, magnetic, wireless, optical, electromagnetic or similar

1capabilities.

2* * *

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

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

7* * *

8Section 4. Sections 502(a), 503, 504, 505(a), 508, 721,
9722(b), (c) and (d), 723, 724(a) and (b), 726(a), 730
10introductory paragraph (2) and (3), 731, 732(a), (b) and (d),
11901(b), 903 and 905 of Title 45 are amended to read:

12§ 502. Joint Committee on Documents.

13(a) Establishment.--The Joint Committee on Documents shall
14consist of [five] nine governmental members and two public
15members. The governmental members shall be the General Counsel,
16the Attorney General, the Director of the Legislative Reference
17Bureau, the Director of the Pennsylvania Code, the President pro
18tempore of the Senate, the Minority Leader of the Senate, the
19Speaker of the House of Representatives, the Minority Leader of 
20the House of Representatives and the Secretary of General
21Services, or persons severally designated in writing by them.
22The public members shall be appointed by the Governor from among
23attorneys at law or other members of the public who represent
24the class who may be expected to refer to the documents
25published pursuant to this part. For the purposes of the act of
26April 9, 1929 (P.L.177, No.175), known as "The Administrative
27Code of 1929" and its supplements the joint committee shall be a
28departmental administrative board in the Department of General
29Services.

30* * *

1§ 503. General administration of part.

2Subject to the provisions of section 732 (relating to
3required contractual arrangements), the manner in which the
4code, the permanent supplements thereto, and the bulletin, shall
5be [printed, reprinted, compiled, indexed, bound and
6distributed] published, and all other matters with respect
7thereto not otherwise provided for in this part shall be
8prescribed by regulations promulgated or orders adopted by the
9joint committee. The joint committee shall administer this part
10and Subchapter A of Chapter 3 of Title 2 (relating to
11regulations of Commonwealth agencies) with a view toward
12encouraging the widest possible dissemination of documents among
13the persons affected thereby which is consistent with the due
14administration of public affairs.

15[§ 504. Payment for documents.

16Payments for documents published by authority of this part
17shall be made to the Department of General Services, which shall
18pay the same into the State Treasury through the Department of
19Revenue to the credit of the appropriations of the bureau and
20the department in such proportions as the joint committee shall
21specify.]

22§ 505. Distribution of publication expenses.

23(a) General rule.--In order to reimburse the Legislative
24Reference Bureau for the cost of administering this part and in
25order to reimburse the Department of General Services for the
26expenses of the joint committee and for the costs incurred in
27[printing and distributing the publications provided for in]
28publication under Subchapter B of Chapter 7 (relating to
29publication of documents) which are neither recovered by the
30sale of such publications to an agency under section 729

1(relating to publication of individual documents) [and section
2731 (relating to automatic subscriptions) or to the public under
3section 504 (relating to payment for documents)] nor paid by
4appropriations made directly to the bureau or the department for
5the costs and expenses of such [administration, printing and
6distribution] publication, every government unit issuing,
7prescribing or promulgating documents published by authority of
8this part shall be billed at least quarterly by the bureau and
9the Department of General Services, upon a cost basis, at such
10amounts as the joint committee with the approval of the
11Executive Board shall determine, for such costs and expenses.
12Amounts payable under this section for reimbursing the bureau
13and the department for the costs [of administration and printing
14and distribution] shall be credited to the appropriations of the
15bureau and the department respectively, and shall be paid out of
16the moneys in the General Fund, special operating funds, or
17other funds of the State Treasury currently appropriated to each
18such issuing, prescribing or promulgating government unit.

19* * *

20§ 508. Effect of future legislation.

21No subsequent statute shall be held to supersede or modify
22the [provisions of] act of July 31, 1968 (P.L.769, No.240), 
23referred to as the Commonwealth Documents Law, or this part
24except to the extent that such statute shall do so expressly.

25§ 721. Publication of official codification.

26It shall be the duty of the Legislative Reference Bureau,
27subject to the policy supervision and direction of the joint
28committee, to arrange through the Department of General Services
29for the prompt [printing and distribution] publication of the
30code, the permanent supplements thereto and the bulletin, in the

1manner and at the times required in accordance with this
2subchapter and regulations promulgated hereunder.

3§ 722. Deposit of documents required.

4* * *

5(b) Disposition of copies.--Upon such filing one copy shall
6be immediately available for public inspection and copying under
7regulations promulgated by the joint committee, which copy shall
8be retained by the bureau for one year after the publication
9thereof, whereupon it shall be forwarded to the Pennsylvania
10Historical and Museum Commission for preservation in the
11Commonwealth archives. The other copy shall be [transmitted
12immediately to the Department of General Services, or to a
13printer designated by it,] processed for publication as provided
14in this subchapter.

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

1agency may refer the matter to the joint committee, which shall
2resolve the conflict pursuant to the standards and procedures
3provided by section [723 of this title] 723(a) (relating to
4processing of deposited documents).

5[(d) Home rule charter documents and optional plans of
6government.--

7(1) The clerk of the city council of any city of the
8first class shall cause a certified copy of the full text of
9any home rule charter or amendment or repeal as approved by
10the electors to be filed in the Department of Community
11Affairs (and in the office of the secretary of the board of
12public education, in the case of a charter provision
13affecting the school district of the city) immediately
14following the final certification of the return of the votes
15cast on the question of the adoption, amendment or repeal of
16a home rule charter.

17(2) In the case of any other political subdivision
18authorized to adopt a home rule charter or optional plan of
19government, the county board of elections shall file the
20documents relating thereto in the Department of Community
21Affairs and in other public offices as provided by the act of
22April 13, 1972 (P.L.184, No.62), known as the "Home Rule
23Charter and Optional Plans Law."

24(3) The Department of Community Affairs shall, within
25ten days after receipt of any home rule charter or amendment
26or repeal or any optional plan of government as approved by
27the electors of any part of this Commonwealth, certify two
28duplicate original copies of the full text thereof and
29deposit such certified copies with the Legislative Reference
30Bureau.]

1§ 723. Processing of deposited documents.

2(a) Review of deposited text.--The bureau, or a qualified
3contractor selected by the bureau with the approval of the joint
4committee, may review any or all documents deposited with the
5bureau before they are released for publication, and may prepare
6in active cooperation with an agency a revised text of any
7document relating to the administrative regulations of the
8agency which conforms fully to the format established for the
9code, which eliminates all obsolete, unnecessary or unauthorized
10material, which has been prepared in such a manner as to lend to
11the published code as a whole uniformity of style and clarity of
12expression, and which does not effect any change in the
13substance of the deposited text of such regulations. [Whenever
14any such revised text with respect to each agency is prepared,
15two duplicate original copies thereof, with proof of service of
16a third copy thereof upon the executive officer, chairman or
17secretary of such agency, shall be filed by the bureau with the
18joint committee, and shall immediately be made available by the
19bureau for public inspection and copying.

20(b) Status of revised text.--Such revised text shall become
21the agency text of such regulations for the purposes of this
22part ten days after such filing unless, within such ten-day
23period, the agency shall file with the joint committee written
24objections to such revised text. In that event, the joint
25committee shall consult with the agency, shall make such
26alterations, if any, in such revised text as may be necessary in
27order to retain the substance of the deposited text of such
28regulations in a manner consistent with the standards of the
29code, and shall by order prescribe the text of such regulations
30which shall become the agency text thereof for the purposes of

1this part.]

2§ 724. Preliminary publication in Pennsylvania Bulletin.

3(a) General rule.--Except as provided in subsection (c), all
4documents required or authorized by section 702 (relating to
5contents of Pennsylvania Code) to be codified in the code, and
6all other documents required or authorized by section 725
7(relating to additional contents of Pennsylvania Bulletin) to be
8published, shall be published in the first available issue of an
9official gazette, known as the "Pennsylvania Bulletin,"
10[printed] published after the filing of such documents by the
11Legislative Reference Bureau.

12(b) Frequency and format of bulletin.--The bulletin shall be
13published at least once each week and shall contain all
14previously unpublished documents duly filed prior to the closing
15date and hour of the issue, which date and hour shall appear
16upon the first page of such issue. All issues of the bulletin
17shall contain a table of contents. A cumulative index shall be
18published at least once each three months. The joint committee
19may provide for more frequent publication of the bulletin and
20indices as circumstances may require. There shall be [printed]
21published with each document a notation of the date of filing
22thereof.

23* * *

24§ 726. Permanent supplements to Pennsylvania Code.

25(a) General rule.--At least once each year all documents
26required or authorized pursuant to section 702 (relating to
27contents of Pennsylvania Code) to be codified in the code which
28have been filed with the bureau pursuant to this part shall be
29permanently integrated into the code by [the] publication [of
30looseleaf pages or pocket parts for or other appropriate

1permanent supplements to or reissues of the code as published]
2pursuant to section 721 (relating to publication of official
3codification). The index to the code shall be similarly
4supplemented [or reissued].

5* * *

6§ 730. Pricing and distribution of published documents.

7The prices to be charged for individual copies of and
8subscriptions to the code, the permanent supplements thereto and
9the bulletin, for reprints and bound volumes thereof and for
10pamphlet regulations, statements of policy, general rules and
11rules of court, which prices may be fixed without reference to
12the restrictions placed upon and fixed for the sale of other
13publications of the Commonwealth, and the number of copies which
14shall be distributed free for official use, shall be set by
15regulations promulgated by the joint committee. Without limiting
16the generality of the foregoing, such regulations may provide
17for volume discounts available to established law book
18publishers who agree to incorporate fully the code, the
19permanent supplements thereto and the bulletin into their
20general scheme of promotion and distribution and may provide for
21the free reciprocal exchange of publications between this
22Commonwealth and other states and foreign jurisdictions and for
23the free distribution upon request of [at least one copy of]
24every publication printed under authority of this part to each:

25* * *

26[(2) Member of the General Assembly at the post office
27address specified by him.

28(3) Law school library which pursuant to rules of court
29receives copies of reproduced briefs and records filed in the
30Supreme Court of Pennsylvania.

1§ 731. Automatic subscriptions.

2Except as otherwise provided by regulations promulgated by
3the joint committee, whenever the Pennsylvania Public Utility
4Commission, the Department of Banking, the Insurance Department
5or any other agency assesses, pursuant to authority expressly
6conferred by law, the cost or any substantial part thereof of
7the regulation or supervision of any class of persons directly
8against such class of persons, such agency shall purchase from
9the Department of General Services in the name of each such
10person:

11(1) a subscription to the bulletin; and

12(2) a subscription to the title or part thereof of the
13code and the permanent supplements thereto relating to the
14regulation or supervision of such class of persons;

15and shall include in its assessment bills issued to each such
16class of persons the estimated cost (notwithstanding any other
17provision of law requiring such assessment to be retrospective)
18and the net unrecovered cost attributable to any preceding
19period, of complying with this section.]

20§ 732. Required contractual arrangements.

21(a) General rule.--[Except as otherwise provided by statute
22finally enacted after July 1, 1969 applicable to public printing
23and binding generally] The following shall be published by the 
24bureau or by a contractor under subsection (b):

25(1) the code;

26(2) the permanent supplements thereto published pursuant
27to section 726 (relating to permanent supplements to
28Pennsylvania Code);

29(3) pamphlet copies of regulations, statements of
30policy, general rules and rules of court published pursuant

1to section 729 (relating to publication of individual
2documents); and

3(4) the bulletin (unless the application of this section
4to the bulletin is found to be impracticable by the joint
5committee after notice in the bulletin and opportunity for
6hearing) published pursuant to section 724 (relating to
7preliminary publication in Pennsylvania Bulletin) and section
8725 (relating to additional contents of Pennsylvania
9Bulletin)[;

10shall be printed or reproduced under contract with a contractor
11unaffiliated with the Commonwealth].

12(b) [Competitive bidding.--Every such contract] Selection of 
13contractor.--A contract under subsection (a) shall be given[,
14after] in one of the following manners:

15(1) After reasonable public invitation for proposals, to
16the lowest responsible bidder below such maximum price and
17under such regulations as shall be prescribed by the joint
18committee.

19(2) After investigation and public hearing by the joint
20committee, to a sole source contractor selected by the joint
21committee.

22* * *

23[(d) Definitions.--For the purposes of this section the
24terms "printed" or "reproduced" shall not include mimeographed,
25multilithed or reproduced by any similar in-house process or
26produced by computer.]

27§ 901. Official text of published documents.

28* * *

29[(b) Home rule charter documents and optional plans of
30government.--Notwithstanding subsection (a), the text of any

1home rule charter amendment or repeal or any optional plan of
2government, as published as provided in Subchapter B of Chapter
37, shall from the date of such publication be prima facie
4evidence of the text of the home rule charter, amendment or
5repeal, or of the plan of government approved by the electors.]

6§ 903. Effective date of documents.

7No otherwise valid document which is required by or pursuant
8to this part or by any other provision of law to be published
9under this part, shall be valid as against any person who has
10not had actual knowledge thereof until such publication has been
11effected. Publication shall be deemed to have been effected upon
12the deposit of the bulletin or the permanent supplement to the
13code containing such document in the United States mail for
14distribution. The issue date of the bulletin and of the
15permanent supplement to the code shall be the day of such
16deposit, and, in the case of the bulletin, such date shall be
17[printed] indicated prominently upon the first page of each
18issue thereof.

19§ 905. Presumptions created.

20The publication in the code, the permanent supplements
21thereto, or the bulletin of any document shall create a
22rebuttable presumption:

23(1) That it was duly issued, prescribed or promulgated.

24[(2) That it was approved as to legality, if so required
25by 2 Pa.C.S. § 305 (relating to approval as to legality) by
26the Department of Justice.]

27(3) That there has been compliance with all
28[requirements of Subchapter A of Chapter 3 of Title 2
29(relating to regulations of Commonwealth agencies) and of
30this part and the regulations promulgated thereunder] of the
 

1following applicable to such document [have been complied
2with]:

3(i) Section 612 of the act of April 9, 1929
4(P.L.177, No.175), known as The Administrative Code of
51929.

6(ii) The act of July 31, 1968 (P.L.769, No.240),
7referred to as the Commonwealth Documents Law.

8(iii) Sections 204(b) and 301(10) of the act of
9October 15, 1980 (P.L.950, No.164), known as the
10Commonwealth Attorneys Act.

11(iv) The act of June 25, 1982 (P.L.633, No.181),
12known as the Regulatory Review Act.

13(v) This part.

14(vi) 1 Pa. Code Pt. I (relating to Joint Committee 
15on Documents).

16Section 5. This act shall take effect in 60 days.