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2 Councilmember Kenyan
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6 Councilmember Anita Bonds Councilmember Dav'd Grosso
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IO Councilmember Elissa Silverman
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14 Councilmemtre'rMru)IM:Cheh
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~~- Councilmember Charles Allen
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28 A BILL
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34 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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38 To provide, on an temporary basis, additional authority to the Mayor and to address critical
39 needs of District residents and businesses during the current public health emergency
40 including wage replacement, business relief, and additional authorities and exemptions
41 regarding health, public safety, consumer protection, and government operation, and to
42 authorize and provide for the issuance, sale, and delivery of certain District of Columbia
43 notes and bonds.
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45 TABLE OF CONTENTS
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47 TITLE I. LABOR, WORKFORCE DEVELOPMENT, AND EDUCATION ...............................3
48 Sec. 101. Unemployment insurance clarification ............. ............... ............. ............................... 3
49 Sec. 102. District work-share program expansion ...................................................................... 7
50 Sec. 103. Declaration of emergency sick leave ...... ........................... .......................................... 8
51 Sec. 104. Emergency leave enforcement. ........ ........... ................ .............. ................ ........... ..... 11
52 Sec. 105. UDC fundraising match ...... .... ............................ ....................................................... 12
53 Sec. 106. Graduation requirements ........................................................................................... 12
54 TITLE II. BUSINESS DEVELOPMENT AND CONSUMER PROTECTION ........................ 13
55 Sec. 201. Enhanced penalties for unlawful trade practices ....................................................... 13
56 Sec. 202. Mortgage relief .... ..................................... ..... .............. ........ ............ .. ........................ 13
57 Sec. 203. Tenant protections ..................................................................................................... 17
58 Sec. 204. Utilities ........................................................................................... .................... ....... 20
59 Sec. 205. Ce1iified Business Enterp1ise assistance . .................................................................. 22
60 Sec. 206. Funeral services consumer protection ....................................................................... 24
61 Sec. 207. Debt collection................................................................ ............ ....... ........................ 27
62 Sec. 208. Carry out and delivery ............................................................................................... 29
63 Sec. 209. Opportunity accounts expanded use ...................... .................................................... 30
64 Sec. 210. Contractor advance payment. .................................................................................... 33
65 Sec. 211. Vacant property designations .. .................................................................................. 34
66 Sec. 2 12. Franchise tax exclusion .......... ....................... ............. .................. ........ ..................... 34
67 TITLE ill. JUDICIARY AND PUBLIC SAFETY .......................................................................... 35
68 Sec. 301. Police Complaints Board investigation extension ..................................................... 35
69 Sec. 302. FEMS reassignments ................... .............................................................................. 35
70 Sec. 303. Civil rights enforcement.. .......... ............................ ............ ............ ............................ 36
71 Sec. 304. Extension of time for non-custodial arrestees to report ...... ....................................... 36
72 Sec. 305. Good time credits and compassionate release ....................................... .................... 37
73 Sec. 306. Electronic wills ................................................................................................... ....... 41
74 TITLE IV. HEALTH AND HUMAN SERVICES ........................................................................... 44
75 Sec. 401 . Public health emergency ................... ......................................................... ................ 44
76 Sec. 402. Extension of care and custody for aged-out youth .................................................... 46
77 Sec. 403. Hospital suppmi funding ........................... ............ ................................................... 47
78 TITLE V. GOVERNMENT DIRECTION AND SUPPORT ......................................................... 48
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79 Sec. 501. Tolling of matters transmitted to the Council.. ..... ................ ..................................... 48
80 Sec. 502. Council Code of Conduct. ......................................................................................... 50
81 Sec. 503. Advisory neighborhood commissions ........................ ...... .......... ........... .................... 51
82 Sec. 504. Disclosure extension; campaign finance training; and disbursement extension ....... 52
83 Sec. 505. Election preparations ................................................................................................. 54
84 Sec. 506. Absentee ballot request signature waiver ......... ......................................................... 55
85 Sec. 507. Board of Elections stipends........................................................... ............................ 55
86 Sec. 508. Administrative hearings deadline tolling ................................................................... 56
87 Sec. 509. Approval of Mayoral nominations ............................................................................ 56
88 TITLE VI. BORROWING AUTHORITY ........................................................................................ 59
89 TITLE VI. BORROWING AUTHORITY ........................................................................................ 59
90 SUBTITLE A. GENERAL OBLIGATION NOTES .................. ......................................... 59
91 SUBTITLE B. TRANs NOTES .. ............. ........................................ ....................................... 73
92 TITLE Vil REVENUE BONDS ......................................................................................................... 88
93 SUBTITLE A. STUDIO THEATER, INC. .......................................................................... . 88
94 SUBTITLE B. DC SCHOLARS PUBLIC CHARTER SCHOOL, INC ....... .. .. ............... 101
95 SUBTITLE C. WASHINGTON HOUSING CONSERVANCY . ...................... ....... ........ 113
96 SUBTITLED. NATIONAL PUBLIC RADIO, INC ............. ....... ...................................... 125
97 SUBTITLE E. PUBLIC WELFARE FOUNDATION, INC ............................................. 138
98 TITLE vm. APPLICABILITY; FISCAL Th'IPACT STATEMENT; EFFECTIVE DATE.150
99 Sec. 801. Applicability ....................... ......... ........................................................................ .... 150
100 Sec. 802. Fiscal impact statement ......................... ...... ................. ........................................... 150
101 Sec. 803. Effective date ............................................. ................... ............... ........................... 150
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103 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
104 act may be cited as the " COVID-19 Response Supplemental Temporary Amendment Act of
105 2020".
106 TITLE I. LABOR, WORKFORCE DEVELOPMENT, AND EDUCATION
107 Sec. 101. Unemployment insurance clruification.
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108 (a) Section 101 of the COVID-19 Response Emergency Amendment Act of 2020,
109 effective March 17, 2020 (D.C. Act 23-247; 67 DCR 3093), is amended as follows:
110 (1) Subsection (b) is amended to read as follows:
111 "(b)(l) Upon application, an affected employee shall receive unemployment insurance
112 compensation ("UI"), which the Director of the Department of Employment Services shall
11 3 administer under the Unemployment Compensation Program established pursuant to the District
114 of Columbia Unemployment Compensation Act, approved August 28, 1935 (49 Stat. 946; D.C.
11 5 Official Code 51-101 et seq.).
116 "(2) An affected employee shall be eligible for UI regardless of whether the:
117 "(A) Employer has provided a date certain for the employee's return to
118 work; or
119 "(B) Employee has a reasonable expectation of continued employment
120 with the current employer.
12 1 "(3) For an affected employee, the tenn "most recent work" shall mean the
122 employer for whom the individual last perfonned at least one day of "employment" as that tenn
123 is defined by section 1(2)(B) of the District of Columbia Unemployment Compensation Act,
124 approved August 28, 1935 (49 Stat. 946; D.C. Official Code 5 1-101(2)(B)).".
125 (2) Subsection (d) is amended by striking the phrase "For the purposes of this
126 section, the tenn "affected employee" means an employee otherwise eligible for UI pursuant to
127 section 9 of the District of Columbia Unemployment Compensation Act, approved August 28,
128 1935 (49 Stat. 950; D.C. Code 51-109), who is" and inse1iing the phrase "For the purposes of
129 this section, the tem1 "affected employee" means an employee who, except as provided in
130 subsection (g) of this section, is otherwise eligible for UI pursuant to section 9 of the District of
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131 Columbia Unemployment Compensation Act, approved August 28, 193S (49 Stat. 9SO; D.C.
132 Code Sl-109), and who is" in its place.
133 (3) A new subsection (g) is added to read as follows:
134 "(g) Notwithstanding any provision of District law, but subject to applicable federal laws
13S and regulations, during a period of time for which the Mayor has declared a public health
136 emergency pursuant to section Sa of the District of Columbia Public Emergency Act of 1980,
137 effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code 7-2304.01), the
138 requirements of section 9(a)(4)(B) and 9(a)(S) of the Dishict of Columbia Unemploym ent
139 Compensation Act, approved August 28, 193S (49 Stat. 946; D.C. Official Code Sl-
140 109(a)(4)(B) and (S)), shall not apply.".
141 (b) The District of Columbia Unemployment Compensation Act, effective August 28,
142 193S (49 Stat. 946; D.C. Official Code Sl -101 et seq.) is am ended as follows:
143 (1) Section 1(2) (D.C. Official Code Sl-1 0 1(2)) is amended by adding a new
144 subparagraph (A-i) to read as follows:
14S "(A-i) During a period of time for which the Mayor has declared a public
146 health emergency pursuant to section Sa of the D istrict of Columbia Public Emergency Act of
147 1980, effective October 17, 2002 (D.C. Law 14-194; D. C. Official Code 7- 2304.0 1) and in
148 confo1mity with federal law, the Director may detennine that the te1m "employment" as defined
149 in paragraph (2)(A) ofthis section m ay include individuals who are self-employed, seeking part-
l SO time employment, do not have sufficient work history, or otherwise would not qualify for regular
1S l unemployment or extended benefits under District or Federal law or pandemic emergency
1S2 unemployment compensation.".
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153 (2) Section 3(c)(2) (D.C. Official Code 51-103(c)(2)) is amended by adding a
154 new subparagraph (G) to read as follows:
155 "(G) "Federal Pandemic Unemployment Compensation (FPUC) benefits
156 paid to an individual filing during a period of national emergency, shall not be charged to the
157 experience rating of the eligible claimant's base period employer's accounts. Employers electing
158 to become liable for payments in lieu of contributions shall be charged 50 percent of
159 reimbursements due as a result of FPUC benefits paid to an individual filing during a pe1iod of
160 national emergency.".
161 (3) Section 8 (D.C. Official Code 5 1-1 08) is amended as follows:
162 (A) The existing text is designated as subsection (a)
163 (B) A new subsection (b) is added to read as follows:
164 "(b) During a period of time for which the Mayor has declared a public health emergency
165 pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective
166 October 17, 2002 (D.C. Law 14-194; D.C. Official Code 7- 2304.01) and subject to the
167 availability of additional benefits authorized provided by local or federal law, the Director shall
168 have the authority to pay such benefits as are authorized by law.".
169 (4) Section 9 (D.C. Official Code 51-109) is amended as follows:
170 (A) The existing text is designated as subsection (a).
171 (B) A new subsection (b) is added to read as follows:
172 " (b) During a period of time for which the Mayor has declared a public health emergency
173 pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, effective
174 October 17, 2002 (D.C. Law 14-194; D.C. Official Code 7- 2304.01), the Director shall have
175 broad discretion to waive any eligibility requirements set f01ih in this subchapter other than the
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176 physical ability and availability requirement when the Director deems such waiver to be in the
177 public interest.".
178 Sec. 102. District work-share program expansion.
179 The Keep D.C. Working Act of2010, effective October 15, 2010 (D.C. Law 18-238;
180 D.C. Official Code 51-171 et seq.), is amended as follows:
181 (a) Section 2(5) (D.C. Official Code 51-171(5)) is amended by striking the phrase
182 "lesser of' and inserting the phrase "usual hours of work of full-time and regular part-time
183 workers in the affected unit. Overtime hours are not included as part of normal weekly hours of
184 work. The normal weekly hours of an affected unit is the lesser of:" in its place.
185 (b) Section 5 (D.C. Official Code 51-174) is amended as follows:
186 (1) Subsection (a)(4) is amended by stiiking the phrase "20% and not more than
187 40%" and inse1iing the phrase " 10% and not more than 60%" in its place.
188 (2) Subsection (c) is amended to read as follows:
189 "(c) A shared work plan shall not be implemented:
190 " (1) To subsidize seasonal employers during the off-season or to subsidize
191 employers who have traditionally used a part-time employee;
192 "(2) If the employer's unemployment insurance account has a negative
193 unemployment experience account;
194 "(3) If the employer's unemployment insurance account is taxed at the maximum
195 tax rate in effect for the calendar year;
196 "(4) For employers who have not qualified to have a tax rate assigned based on
197 actual experience; therefore, employers subject to a "new employer" tax rate not eligible to
198 pa1iicipate in a shared work program; or
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199 "(5) For employees who are receiving or who will receive supplemental
200 unemployment benefits du1ing any pe1iod a shared work plan is in effect."
201 (3) Subsection (d) is amended by striking the number "30th" and inserting the
202 number "7th" in its place.
203 (d) Section 8(b) (D.C. Official Code 51-177(b)) is am ended as follows:
204 (1) Paragraph (1) is amended by striking the phrase "was approved before the
205 week in question and is in effect" and inserting the phrase " is in effect" in its place.
206 (2) Paragraph (3) is amended by striking the phrase "20% but not more than 40%"
207 and inserting the phrase " 10% but not more than 60%" in its place.
208 (3) Paragraph (4) is repealed.
209 (e) Section 9(b) (D.C. Official Code 51-178(b)) is repealed.
210 Sec. 103. Declaration of emergency sick leave.
211 The Accrued Sick and Safe Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-
212 152; D.C. Official Code 32-531.01 et seq.), is amended as follows:
213 (a) Section 3(c)(l) (D.C. Official Code 32-53 l.02(c)(l)) is amended by striking the
214 plu-ase "Paid leave under" and inserting the phrase "Except as provided in section 3a, paid leave
215 under" in its place.
216 (b) A new section 3a is added to read as follows:
217 "Sec. 3a. Declared emergency leave requirement.
2 18 "(a)(l ) Dming the COVID-19 emergency, an employer with between 50 and 499
219 employees that is not a health care provider shall provide paid leave to an employee pursuant to
220 this section for an absence from work due to any of the reasons for which paid leave may be used
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221 pursuant to sections 3102 and 5102 of the Families First Coronavirus Response Act, approved
222 March 18, 2020 (Pub. L. No. 116-127; 134 Stat. 178).
223 "(2) An employer shall provide declared emergency paid leave to an employee in
224 an amount sufficient to ensure that the employee who must be absent from work for covered
225 reasons be able to remain away from work for 2 full weeks of work up to 80 hours or, for a part-
226 time employee, the usual number of hours the employee works in a two-week period.
227 "(3)(A) Subject to subparagraph (B) of this paragraph, paid leave provided
228 pursuant to this section shall be compensated at the employee's regular rate of pay or, in the case
229 of an employee who does not have a regular rate of pay, the employee's rate of pay shall be
230 detennined by dividing the employee's total gross earnings, including all tips, commission,
231 piecework, or other earnings earned on an iITegular basis for the most recent 2-week period that
232 the employee worked, by the number of hours the employee worked during that 2-week period.
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