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; or

13(iii) Commonwealth Court.

14(7) Rules of court under 42 Pa.C.S. § 1722 (relating to 
15adoption of administrative and procedural rules).

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 under 42 Pa.C.S. § 1722, the
30Administrative Office of Pennsylvania 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) <-and (b), 503, 504, 505(a), 508,
5721, 722(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(b) Compensation.--The members of the joint committee shall
27serve without compensation other than reimbursement for travel
28and other actual expenses incurred in the performance of their
29duties. Reimbursement of expenses for a governmental member 
30shall be paid by the governmental member's agency. Reimbursement
 

1of expenses for a public member shall be paid by the bureau.

2* * *

3§ 503. General administration of part.

4Subject to the provisions of section 732 (relating to
5required contractual arrangements), the manner in which the
6code, the permanent supplements thereto, and the bulletin, shall
7be [printed, reprinted, compiled, indexed, bound and
8distributed] published, and all other matters with respect
9thereto not otherwise provided for in this part shall be
10prescribed by regulations promulgated or orders adopted by the
11joint committee. The joint committee shall administer this part
12and Subchapter A of Chapter 3 of Title 2 (relating to
13regulations of Commonwealth agencies) with a view toward
14encouraging the widest possible dissemination of documents among
15the persons affected thereby which is consistent with the due
16administration of public affairs.

17[§ 504. Payment for documents.

18Payments for documents published by authority of this part
19shall be made to the Department of General Services, which shall
20pay the same into the State Treasury through the Department of
21Revenue to the credit of the appropriations of the bureau and
22the department in such proportions as the joint committee shall
23specify.]

24§ 505. Distribution of publication expenses.

25(a) General rule.--In order to reimburse the Legislative
26Reference Bureau for the cost of administering this part and in
27order to reimburse the Department of General Services for the
28expenses of the joint committee and for the costs incurred in
29[printing and distributing the publications provided for in]
30publication under Subchapter B of Chapter 7 (relating to

1publication of documents) which are neither recovered by the
2sale of such publications to an agency under section 729
3(relating to publication of individual documents) [and section
4731 (relating to automatic subscriptions) or to the public under
5section 504 (relating to payment for documents)] nor paid by
6appropriations made directly to the bureau or the department for
7the costs and expenses of such [administration, printing and
8distribution] publication, every government unit issuing,
9prescribing or promulgating documents published by authority of
10this part shall be billed at least quarterly by the bureau and
11the Department of General Services, upon a cost basis, at such
12amounts as the joint committee with the approval of the
13Executive Board shall determine, for such costs and expenses.
14Amounts payable under this section for reimbursing the bureau
15and the department for the costs [of administration and printing
16and distribution] shall be credited to the appropriations of the
17bureau and the department respectively, and shall be paid out of
18the moneys in the General Fund, special operating funds, or
19other funds of the State Treasury currently appropriated to each
20such issuing, prescribing or promulgating government unit.

21* * *

22§ 508. Effect of future legislation.

23No subsequent statute shall be held to supersede or modify
24the [provisions of] act of July 31, 1968 (P.L.769, No.240), 
25referred to as the Commonwealth Documents Law, or this part
26except to the extent that such statute shall do so expressly.

27§ 721. Publication of official codification.

28It shall be the duty of the Legislative Reference Bureau,
29subject to the policy supervision and direction of the joint
30committee, to arrange through the Department of General Services

1for the prompt [printing and distribution] publication of the
2code, the permanent supplements thereto and the bulletin, in the
3manner and at the times required in accordance with this
4subchapter and regulations promulgated hereunder.

5§ 722. Deposit of documents required.

6* * *

7(b) Disposition of copies.--Upon such filing one copy shall
8be immediately available for public inspection and copying under
9regulations promulgated by the joint committee, which copy shall
10be retained by the bureau for one year after the publication
11thereof, whereupon it shall be forwarded to the Pennsylvania
12Historical and Museum Commission for preservation in the
13Commonwealth archives. The other copy shall be [transmitted
14immediately to the Department of General Services, or to a
15printer designated by it,] processed for publication as provided
16in this subchapter.

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

1bureau disagree concerning the form or format of a document
2required or authorized to be deposited with the bureau, the
3agency may refer the matter to the joint committee, which shall
4resolve the conflict pursuant to the standards and procedures
5provided by section [723 of this title] 723(a) (relating to
6processing of deposited documents).

7[(d) Home rule charter documents and optional plans of
8government.--

9(1) The clerk of the city council of any city of the
10first class shall cause a certified copy of the full text of
11any home rule charter or amendment or repeal as approved by
12the electors to be filed in the Department of Community
13Affairs (and in the office of the secretary of the board of
14public education, in the case of a charter provision
15affecting the school district of the city) immediately
16following the final certification of the return of the votes
17cast on the question of the adoption, amendment or repeal of
18a home rule charter.

19(2) In the case of any other political subdivision
20authorized to adopt a home rule charter or optional plan of
21government, the county board of elections shall file the
22documents relating thereto in the Department of Community
23Affairs and in other public offices as provided by the act of
24April 13, 1972 (P.L.184, No.62), known as the "Home Rule
25Charter and Optional Plans Law."

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

1deposit such certified copies with the Legislative Reference
2Bureau.]

3§ 723. Processing of deposited documents.

4(a) Review of deposited text.--The bureau, or a qualified
5contractor selected by the bureau with the approval of the joint
6committee, may review any or all documents deposited with the
7bureau before they are released for publication, and may prepare
8in active cooperation with an agency a revised text of any
9document relating to the administrative regulations of the
10agency which conforms fully to the format established for the
11code, which eliminates all obsolete, unnecessary or unauthorized
12material, which has been prepared in such a manner as to lend to
13the published code as a whole uniformity of style and clarity of
14expression, and which does not effect any change in the
15substance of the deposited text of such regulations. [Whenever
16any such revised text with respect to each agency is prepared,
17two duplicate original copies thereof, with proof of service of
18a third copy thereof upon the executive officer, chairman or
19secretary of such agency, shall be filed by the bureau with the
20joint committee, and shall immediately be made available by the
21bureau for public inspection and copying.

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

1code, and shall by order prescribe the text of such regulations
2which shall become the agency text thereof for the purposes of
3this part.]

4§ 724. Preliminary publication in Pennsylvania Bulletin.

5(a) General rule.--Except as provided in subsection (c), all
6documents required or authorized by section 702 (relating to
7contents of Pennsylvania Code) to be codified in the code, and
8all other documents required or authorized by section 725
9(relating to additional contents of Pennsylvania Bulletin) to be
10published, shall be published in the first available issue of an
11official gazette, known as the "Pennsylvania Bulletin,"
12[printed] published after the filing of such documents by the
13Legislative Reference Bureau.

14(b) Frequency and format of bulletin.--The bulletin shall be
15published at least once each week and shall contain all
16previously unpublished documents duly filed prior to the closing
17date and hour of the issue, which date and hour shall appear
18upon the first page of such issue. All issues of the bulletin
19shall contain a table of contents. A cumulative index shall be
20published at least once each three months. The joint committee
21may provide for more frequent publication of the bulletin and
22indices as circumstances may require. There shall be [printed]
23published with each document a notation of the date of filing
24thereof.

25* * *

26§ 726. Permanent supplements to Pennsylvania Code.

27(a) General rule.--At least once each year all documents
28required or authorized pursuant to section 702 (relating to
29contents of Pennsylvania Code) to be codified in the code which
30have been filed with the bureau pursuant to this part shall be

1permanently integrated into the code by [the] publication [of
2looseleaf pages or pocket parts for or other appropriate
3permanent supplements to or reissues of the code as published]
4pursuant to section 721 (relating to publication of official
5codification). The index to the code shall be similarly
6supplemented [or reissued].

7* * *

8§ 730. Pricing and distribution of published documents.

9The prices to be charged for individual copies of and
10subscriptions to the code, the permanent supplements thereto and
11the bulletin, for reprints and bound volumes thereof and for
12pamphlet regulations, statements of policy, general rules and
13rules of court, which prices may be fixed without reference to
14the restrictions placed upon and fixed for the sale of other
15publications of the Commonwealth, and the number of copies which
16shall be distributed free for official use, shall be set by
17regulations promulgated by the joint committee. Without limiting
18the generality of the foregoing, such regulations may provide
19for volume discounts available to established law book
20publishers who agree to incorporate fully the code, the
21permanent supplements thereto and the bulletin into their
22general scheme of promotion and distribution and may provide for
23the free reciprocal exchange of publications between this
24Commonwealth and other states and foreign jurisdictions and for
25the free distribution upon request of [at least one copy of]
26every publication printed under authority of this part to each:

27* * *

28[(2) Member of the General Assembly at the post office
29address specified by him.

30(3) Law school library which pursuant to rules of court

1receives copies of reproduced briefs and records filed in the
2Supreme Court of Pennsylvania.

3§ 731. Automatic subscriptions.

4Except as otherwise provided by regulations promulgated by
5the joint committee, whenever the Pennsylvania Public Utility
6Commission, the Department of Banking, the Insurance Department
7or any other agency assesses, pursuant to authority expressly
8conferred by law, the cost or any substantial part thereof of
9the regulation or supervision of any class of persons directly
10against such class of persons, such agency shall purchase from
11the Department of General Services in the name of each such
12person:

13(1) a subscription to the bulletin; and

14(2) a subscription to the title or part thereof of the
15code and the permanent supplements thereto relating to the
16regulation or supervision of such class of persons;

17and shall include in its assessment bills issued to each such
18class of persons the estimated cost (notwithstanding any other
19provision of law requiring such assessment to be retrospective)
20and the net unrecovered cost attributable to any preceding
21period, of complying with this section.]

22§ 732. Required contractual arrangements.

23(a) General rule.--[Except as otherwise provided by statute
24finally enacted after July 1, 1969 applicable to public printing
25and binding generally] The following shall be published by the 
26bureau or by a contractor under subsection (b):

27(1) the code;

28(2) the permanent supplements thereto published pursuant
29to section 726 (relating to permanent supplements to
30Pennsylvania Code);

1(3) pamphlet copies of regulations, statements of
2policy, general rules and rules of court published pursuant
3to section 729 (relating to publication of individual
4documents); and

5(4) the bulletin (unless the application of this section
6to the bulletin is found to be impracticable by the joint
7committee after notice in the bulletin and opportunity for
8hearing) published pursuant to section 724 (relating to
9preliminary publication in Pennsylvania Bulletin) and section
10725 (relating to additional contents of Pennsylvania
11Bulletin)[;

12shall be printed or reproduced under contract with a contractor
13unaffiliated with the Commonwealth].

14(b) [Competitive bidding.--Every such contract] Selection of 
15contractor.--A contract under subsection (a) shall be given[,
16after] in one of the following manners:

17(1) After reasonable public invitation for proposals, to
18the lowest responsible bidder below such maximum price and
19under such regulations as shall be prescribed by the joint
20committee.

21(2) After investigation and public hearing by the joint
22committee, to a sole source contractor selected by the joint
23committee.

24* * *

25[(d) Definitions.--For the purposes of this section the
26terms "printed" or "reproduced" shall not include mimeographed,
27multilithed or reproduced by any similar in-house process or
28produced by computer.]

29§ 901. Official text of published documents.

30* * *

1[(b) Home rule charter documents and optional plans of
2government.--Notwithstanding subsection (a), the text of any
3home rule charter amendment or repeal or any optional plan of
4government, as published as provided in Subchapter B of Chapter
57, shall from the date of such publication be prima facie
6evidence of the text of the home rule charter, amendment or
7repeal, or of the plan of government approved by the electors.]

8§ 903. Effective date of documents.

9No otherwise valid document which is required by or pursuant
10to this part or by any other provision of law to be published
11under this part, shall be valid as against any person who has
12not had actual knowledge thereof until such publication has been
13effected. Publication shall be deemed to have been effected upon
14the deposit of the bulletin or the permanent supplement to the
15code containing such document in the United States mail for
16distribution. The issue date of the bulletin and of the
17permanent supplement to the code shall be the day of such
18deposit, and, in the case of the bulletin, such date shall be
19[printed] indicated prominently upon the first page of each
20issue thereof.

21§ 905. Presumptions created.

22The publication in the code, the permanent supplements
23thereto, or the bulletin of any document shall create a
24rebuttable presumption:

25(1) That it was duly issued, prescribed or promulgated.

26[(2) That it was approved as to legality, if so required
27by 2 Pa.C.S. § 305 (relating to approval as to legality) by
28the Department of Justice.]

29(3) That there has been compliance with all
30[requirements of Subchapter A of Chapter 3 of Title 2

1(relating to regulations of Commonwealth agencies) and of
2this part and the regulations promulgated thereunder] of the 
3following applicable to such document [have been complied
4with]:

5(i) Section 612 of the act of April 9, 1929
6(P.L.177, No.175), known as The Administrative Code of
71929.

8(ii) The act of July 31, 1968 (P.L.769, No.240),
9referred to as the Commonwealth Documents Law.

10(iii) Sections 204(b) and 301(10) of the act of
11October 15, 1980 (P.L.950, No.164), known as the
12Commonwealth Attorneys Act.

13(iv) The act of June 25, 1982 (P.L.633, No.181),
14known as the Regulatory Review Act.

15(v) This part.

16(vi) 1 Pa. Code Pt. I (relating to Joint Committee 
17on Documents).

18Section 5. This act shall take effect in 60 days.