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Committee pulls Uniform Electronic Legal Material bill for further review of federal preemption language
Summary
House Bill 1739, the Uniform Electronic Legal Material Act, was pulled from consideration so sponsors can address concerns about language that references federal law and preemption of electronic-signature rules.
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House Bill 1739, the Uniform Electronic Legal Material Act (UELMA), which would establish statutory standards for authenticating and preserving official electronic legal materials, was presented to the committee but then pulled for further study.
Jamie Jones of the Arkansas Bar Association and Jesse Burchfield, emeritus law professor, explained the bill’s goal is to provide an outcomes-based framework for authenticating statutes, administrative rules, and other official legal materials published online. Proponents said the measure would enable users to trust and verify electronic legal texts and provide a framework for permanent preservation.
Committee members asked focused questions about a provision that referenced the federal E-SIGN Act (the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001). Senator Dawson asked how a state statute could "supersede" federal law; supporters said UELMA has been enacted in many other states and generally operates as a uniform approach to authentication and preservation rather than directly contradicting federal commercial-signature law. Several senators requested time to review the preemption language and asked for clarification before a committee vote; the chair agreed to pull the bill for further work rather than move it forward at this hearing.
Sponsor representatives asked for the committee’s support after revisions; the committee did not vote on the bill.
The bill will return to committee when the sponsors and stakeholders address the federal-law questions and provide clarifying language.
