Code of the District of Columbia

Subchapter V. Uniform Electronic Legal Material Act.


§ 2–651.01. Definitions.

For the purposes of this subchapter, the term:

(1) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(2) "Legal material" means, whether or not in effect:

(A) The acts and resolutions of the Council;

(B) The District of Columbia Official Code;

(C) The District of Columbia Municipal Regulations;

(D) Other legal materials designated by the Mayor by rule; and

(E) Other legal materials designated by the Council by resolution.

(3) "Official publisher" means:

(A) For the acts and resolutions of the Council, the Secretary to the Council;

(B) For the District of Columbia Official Code, the General Counsel to the Council;

(C) For the District of Columbia Municipal Regulations, the Administrator of the District of Columbia Office of Documents, established by § 2-611;

(D) For other legal material designated by the Mayor pursuant to paragraph (2)(D) of this section, the Mayor; and

(E) For other legal material designated by the Council pursuant to paragraph (2)(E) of this section, the Secretary to the Council.

(4) "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.

(5) "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.

(6) "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.


(Apr. 7, 2017, D.C. Law 21-251, § 2, 64 DCR 1652.)


§ 2–651.02. Applicability.

This subchapter applies to all legal material in an electronic record that is designated as official under § 2-651.03 and first published electronically on or after July 1, 2017.


(Apr. 7, 2017, D.C. Law 21-251, § 3, 64 DCR 1652.)


§ 2–651.03. Legal material in official electronic record.

(a) If an official publisher publishes legal material only in an electronic record, the official publisher shall:

(1) Designate the electronic record as official; and

(2) Comply with §§ 2-651.04, 2-651.06, and 2-651.07.

(b) 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 official publisher complies with §§ 2-651.04, 2-651.06, and 2-651.07.


(Apr. 7, 2017, D.C. Law 21-251, § 4, 64 DCR 1652.)


§ 2–651.04. Authentication of official electronic record.

An official publisher of legal material in an electronic record that is designated as official under § 2-651.03 shall authenticate the record. To authenticate an electronic record, the official publisher shall provide a method for a user to determine that the record received by the user from the official publisher is unaltered from the official record published by the official publisher.


(Apr. 7, 2017, D.C. Law 21-251, § 5, 64 DCR 1652.)


§ 2–651.05. Effect of authentication.

(a) Legal material in an electronic record that is authenticated under § 2-651.04 is presumed to be an accurate copy of the legal material.

(b) If another state has adopted a law substantially similar to this subchapter, 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.

(c) A party contesting the authentication of legal material in an electronic record authenticated under § 2-651.04 has the burden of proving by a preponderance of the evidence that the record is inauthentic.


(Apr. 7, 2017, D.C. Law 21-251, § 6, 64 DCR 1652.)


§ 2–651.06. Preservation and security of legal material in official electronic record.

(a) An official publisher of legal material in an electronic record that is or was designated as official under § 2-651.03 shall provide for the preservation and security of the record in an electronic form or a form that is not electronic.

(b) If legal material is preserved under subsection (a) of this section in an electronic record, the official publisher shall:

(1) Ensure the integrity of the record;

(2) Provide for backup and recovery of the record in the event of a disaster; and

(3) Ensure the continuing usability of the material.


(Apr. 7, 2017, D.C. Law 21-251, § 7, 64 DCR 1652.)


§ 2–651.07. Public access to legal material in official electronic record.

An official publisher of legal material in an electronic record that is required to be preserved under § 2-651.06 shall ensure that the material is reasonably available for use by the public on a permanent basis.


(Apr. 7, 2017, D.C. Law 21-251, § 8, 64 DCR 1652.)


§ 2–651.08. Standards.

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

(1) Standards and practices of other jurisdictions;

(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;

(3) The needs of users of legal material in an electronic record;

(4) The views of governmental officials and entities and other interested persons; and

(5) To the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to, legal material that are compatible with the methods and technologies used by other official publishers in the District of Columbia and in states that have adopted a law substantially similar to this subchapter.


(Apr. 7, 2017, D.C. Law 21-251, § 9, 64 DCR 1652.)


§ 2–651.09. Rules.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of this title, may promulgate rules to carry out the purposes of this subchapter pursuant to the Mayor's authority under § 2-651.01(3)(C) and (D).

(b) The Council may adopt its own rules or resolutions to implement the provisions of this subchapter that are exclusively applicable to the Council pursuant to its authority under § 2-651.01(3)(A), (B), and (E).


(Apr. 7, 2017, D.C. Law 21-251, § 10, 64 DCR 1652.)


§ 2–651.10. Uniformity of application and construction.

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


(Apr. 7, 2017, D.C. Law 21-251, § 11, 64 DCR 1652.)


§ 2–651.11. Relation to Electronic Signatures in Global and National Commerce Act.

This subchapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (144 Stat. 464; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101(c) of that act (15 U.S.C. § 7001(c)), or authorize electronic delivery of any of the notices described in section 103(b) of that act (15 U.S.C. § 7003(b)).


(Apr. 7, 2017, D.C. Law 21-251, § 12, 64 DCR 1652.)