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1 A BILL
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3 23-751
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5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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7 __________________
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10 To provide, on a temporary basis, additional protections to Districts residents and businesses
11 during the current public health emergency.
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13 CONTENTS
14 Sec. 2. Business interruption insurance...................................................................................................... 2
15 Sec. 3. Alcoholic beverage regulation........................................................................................................ 6
16 Sec. 4. Corporate filing extension clarification. ...................................................................................... 10
17 Sec. 5. Cooperative association remote meetings. .................................................................................. 10
18 Sec. 6. Trade name renewals and taxation of microgrants. .................................................................... 11
19 Sec. 7. Third-party food delivery commissions....................................................................................... 11
20 Sec. 8. Emergency credit alerts................................................................................................................. 13
21 Sec. 9. Rental tenant payment plans. ........................................................................................................ 16
22 Sec. 10. DC Water payment plans............................................................................................................ 20
23 Sec. 11. Commercial tenant rent increase clarification. .......................................................................... 23
24 Sec. 12. Eviction clarification ................................................................................................................... 23
25 Sec. 13. Amenity fees................................................................................................................................ 23
26 Sec. 14. Residential accommodation cleaning requirements. ................................................................ 24
27 Sec. 15. Out of school time report waiver................................................................................................ 25
28 Sec. 16. UDC Board of Trustees terms. ................................................................................................... 25
29 Sec. 17. Notice of modified staffing levels. ............................................................................................. 26
30 Sec. 18. Long-Term Care Facility Reporting of Positive Cases............................................................. 27
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31 Sec. 18. Contact tracing hiring requirements........................................................................................... 28
32 Sec. 20. Shared Work Program Clarification .......................................................................................... 28
33 Sec. 21. Paid sick leave enforcement clarification. ................................................................................. 29
34 Sec. 22. Composting virtual training. ....................................................................................................... 30
35 Sec. 23. Ballot access reform. ................................................................................................................... 30
36 Sec. 24. ANC petitioning and grantmaking. ............................................................................................ 33
37 Sec. 25. Remote notarizations. ................................................................................................................. 34
38 Sec. 26. Electronic witnessing. ................................................................................................................. 37
39 Sec. 27. Contractor reporting of positive cases. ...................................................................................... 41
40 Sec. 28. Liability clarification................................................................................................................... 44
41 Sec. 29. Jail reporting. ............................................................................................................................... 44
42 Sec. 30. 8th and O disposition extension. ................................................................................................ 46
43 Sec. 31. Applicability. ............................................................................................................................... 47
44 Sec. 32. Fiscal impact statement. .............................................................................................................. 47
45 Sec. 33. Effective date. .............................................................................................................................. 47
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47 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
48 act may be cited as the Coronavirus Omnibus Temporary Amendment Act of 2020.
49 Sec. 2. Business interruption insurance.
50 (a)(1) Notwithstanding any provision of District law and notwithstanding the terms of
51 any policy of insurance subject to this section (including any endorsement thereto or exclusions
52 to coverage included therewith), every commercial policy of insurance issued by a licensed
53 insurer and in force in the District on or as of March 25, 2020 that includes coverage for loss of
54 business income, loss of use and occupancy, or business interruption, shall be construed to
55 provide coverage for claims directly or indirectly resulting from a public health emergency
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56 declared pursuant to section 5a of the District of Columbia Public Emergency Act of 1980,
57 effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code 7-2304.01) (Public Health
58 Emergency) beginning May 15, 2020.
59 (2) No licensed insurer may deny a claim for loss of use and occupancy, loss of
60 business income, or business interruption due to:
61 (A) Losses arising from actions an insured takes in response to a Mayors
62 Order issued during a Public Health Emergency, including the partial or complete suspension of
63 the insureds business activities; and
64 (B) There being no direct physical loss of or physical damage to the
65 property of the insured, the insureds business premises, or to any other property utilized in
66 connection with the business.
67 (3) The coverage required by this section shall indemnify the insured, subject to
68 the limits under the policy, for any covered loss of business income, loss of business, or business
69 interruption for the duration of the Public Health Emergency in an amount of to 50% of the
70 losses.
71 (4) This section shall apply only to policies issued to insureds with:
72 (A) Fewer than 50 full-time employees, each of whom, as of March 25,
73 2020, worked 25 or more hours per week; and
74 (B) Less than $2.5 million in federal gross receipts or sales according to
75 the most recently filed tax return.
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76 (b)(1) A licensed insurer that indemnifies an insured who has filed a claim subject to
77 subsection (a) of this section may apply to the Commissioner of the District of Columbia
78 Department of Insurance, Securities, and Banking (Commissioner) for reimbursement from
79 funds collected and made available for this purpose as provided in section 3(b-3) of the
80 Insurance Regulatory Trust Fund Act of 1993, effective October 21, 1993 (D.C. Law 10-40; D.C.
81 Official Code 31-1202(b-3)).
82 (2) The Commissioner shall establish procedures for the submission and
83 qualification of claims by licensed insurers that are eligible for reimbursement pursuant to this
84 subsection. The Commissioner shall incorporate in these procedures such standards as are
85 necessary to protect against the submission of fraudulent claims by insureds, and appropriate
86 safeguards for insurers to employ in the review and payment of such claims.
87 (c)(1) The Commissioner is authorized to make one or more assessments in each fiscal
88 year against all domestic and foreign licensed insurers in the District that sell business-
89 interruption insurance as may be necessary to recover the amounts paid, or estimated to be paid,
90 to insurers pursuant to subsection (b) of this section. Any such assessment shall be made at a
91 rate that shall be determined and certified by the Commissioner as sufficient to recover the
92 amounts paid to insurers pursuant to subsection (b) of this section. The amount to be so assessed
93 shall be made against all domestic and foreign licensed insurers in proportion to their net
94 premiums written in the District as shown in the annual report each of the said insurers filed with
95 the Department of Insurance, Securities, and Banking in the preceding year. Said assessment
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96 shall reimburse the District for funds appropriated for such reimbursement. Assessments under
97 this section shall be charged to the normal operating cost of each company.
98 (2) Any assessment made pursuant to this section is not subject to the provisions
99 of section 4(a) of the Insurance Regulatory Trust Fund Act of 1993, effective October 21, 1993
100 (D.C. Law 10-40; D.C. Code 31-1203(a)).
101 (3) The Commissioner or his or her designee is authorized to hire firms,
102 consultants, attorneys and other experts to assist the Commissioner in administering the
103 assessment process, and to conduct audits of any licensed insurer that has sought reimbursement
104 for claims paid pursuant to subsection (b)(2) of this section. The Commissioner may retain
105 auditors, examiners or other experts to perform the audits prescribed under this paragraph, and
106 may charge the insurers for any costs associated with administering the act and the costs of the
107 audits.
108 (d) Section 3 of the Insurance Regulatory Trust Fund Act of 1993, effective October 21,
109 1993 (D.C. Law 10-40; D.C. Official Code 31-1202), is amended by adding a new subsection
110 (b-3) to read as follows:
111 (b-3)(1) There is established as separate account within the Insurance Regulatory Trust
112 Fund, the Business Interruption Insurance Reimbursement Account (Account), which shall be
113 administered by the Department of Insurance, Securities, and Banking in accordance with
114 paragraph (3) of this subsection.
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115 (2) All assessments received by the Commissioner pursuant to section 2(c) of the
116 Coronavirus Omnibus Emergency Amendment Act of 2020, passed on emergency basis on May
117 5, 2020 (Enrolled version of Bill 23-XX) (Business Interruption Insurance Act), shall be
118 deposited in, and credited to, the Account.
119 (3) Money in the Account shall be used for the purpose of administering section
120 2(b) of the Business Interruption Insurance Act.
121 (4) The money deposited into the Account but not expended in a fiscal year shall
122 not revert to the unassigned fund balance of the General Fund of the District of Columbia at the
123 end of a fiscal year, or at any other time.
124 (e) For the purposes of this section, the term licensed insurer shall have the same
125 meaning as provided in section 2(7) of the Business Transacted with Producer Controlled Insurer
126 Act of 1993 (D.C. Law 10-52; D.C. Official Code 31-401(7))..
127 Sec. 3. Alcoholic beverage regulation.
128 Title 25 of the District of Columbia Official Code is amended as follows:
129 (a) Section 25-113(a)(3) is amended by adding a new subparagraph (D) to read as
130 follows:
131 (D)(i) An on-premises retailers licensee, class C/R, D/R, C/T, D/T, C/H,
132 D/H, C/N, D/N, C/X, or D/X, including a multipurpose facility or private club, that is registered
133 with the Board under subparagraph (C) of this paragraph also may register with the Board to sell
134 beer, wine, or spirits in closed containers accompanied by one or more prepared food items for
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135 off-premises consumption from one additional location other than the licensed premises. Board
136 approval shall not be required for the additional registration under this subsection; provided, that:
137 (I) The licensee separately registers with the Board and
138 receives written authorization from ABRA prior to offering alcoholic beverages for carryout or
139 delivery at the additional location;
140 (II) The licensee, the additional locations owner, or a
141 prior tenant at the additional location possesses a valid certificate of occupancy for the building
142 used as the additional location, unless the additional location is located on outdoor private space;
143 (III) The licensee has been legally authorized by the
144 owner of the building or the property utilized as the additional location to utilize the space for
145 carryout and delivery;
146 (IV) The licensee agrees to follow all applicable DCRA
147 and DOH laws and regulations; and
148 (V) The additional location from which the licensee
149 intends to offer alcoholic beverages for carryout or delivery is located in a commercial or mixed-
150 use zone as defined in the zoning regulations for the District.
151 (ii) The on-premises retailer licensee shall not offer beer, wine, or
152 spirits for carryout and delivery on public space; except, that an additional location under this
153 subparagraph may include a sidewalk caf that has been issued a public-space permit by DDOT.
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154 (iii) The on-premises retailer licensee who has been registered to
155 offer beer, wine, or spirits for carryout or delivery in accordance with this subparagraph shall do
156 so only at the additional location.
157 (iv) An on-premises retailer licensee who has been registered to
158 offer beer, wine, or spirits for carryout or delivery in accordance with this subparagraph may do
159 so for no longer than 30 calendar days. The Board may approve a written request from an on-
160 premises licensee to extend carryout or delivery alcohol sales from an additional location
161 pursuant to this subparagraph for one additional 30 calendar-day period. A licensee shall not
162 offer beer, wine, or spirits for carryout or delivery for off-premises consumption from the
163 additional location for more than 60 calendar days unless a completed application to do so has
164 been filed with the Board with notice provided to the public in accordance with 25-421.
165 (v) The on-premises retailer licensee may sell and deliver
166 alcoholic beverages for carryout and delivery from an additional location in accordance with this
167 subparagraph only between the hours of 7:00 a.m. and midnight, 7 days a week.
168 (vi) The Board may fine, suspend, cancel, or revoke an on-
169 premises retailers license, and shall revoke its registration to offer beer, wine, or spirits for
170 carryout or delivery at the additional location if the licensee fails to comply with sub-
171 subparagraphs (i)-(v) of this subparagraph..
172 (b) Chapter 4 is amended as follows:
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173 (1) Section 25-401(c) is amended by striking the phrase shall sign a notarized
174 statement certifying and inserting the phrase shall sign a statement with an original signature,
175 which may be a signature by wet ink, an electronic signature, or a signed copy thereof,
176 certifying in its place.
177 (2) Section 25-403(a) is amended by striking the phrase verify, by affidavit, and
178 inserting the phrase self-certify in its place.
179 (3) Section 25-421(e) is amended by striking the phrase by first-class mail,
180 postmarked not more than 7 days after the date of submission and inserting the phrase by
181 electronic mail on or before the first day of the 66-day public comment period in its place.
182 (4) Section 25-423 is amended as follows:
183 (A) Subsection (e) is amended as follows:
184 (i) Strike the phrase 45-day protest period and insert the phrase
185 66-day protest period in its place.
186 (ii) Strike the phrase 45 days and insert the phrase 66 days in
187 its place.
188 (B) Subsection (h) is amended by striking the phrase 45-day public
189 comment period and inserting the phrase 66-day public comment period in its place.
190 (5) Section 25-431 is amended as follows:
191 (A) Subsection (f) is amended by striking the phrase 45-day protest
192 period and inserting the phrase 66-day protest period in its place.
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193 (B) Subsection (g) is amended by striking the phrase 45 days and
194 inserting the phrase 66 days in its place.
195 (c) Section 25-791(a)(1) is amended by striking the phrase 21 or more calendar days,
196 and inserting the phrase 21 or more calendar days, excluding each day during a period of time
197 for which the Mayor has declared a public health emergency pursuant to section 5a of the
198 District of Columbia Public Emergency Act of 1980, effective October 17,