ENROLLED ORIGINAL
A RESOLUTION
23-418
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
May 19, 2020
To declare the existence of an emergency with respect to the need to provide protections to
Districts residents and businesses, expand the authority of the Mayor, and ensure
continuity of government during the current public health emergency.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the Coronavirus Support Emergency Declaration Resolution of
2020.
Sec. 2. (a) On March 11, 2020, the Mayor issued Mayors Order 2020-45, 2020-46,
declaring a public emergency and a public health emergency due to the imminent threat to the
health, safety, and welfare of District residents posed by the spread of COVID-19, and on April
17, 2020, Mayors Order 2020-63 extending the state of emergency and public health
emergency. That order is currently in effect through May 15, 2020. Additional orders extending
the emergency are likely to be issued.
(b) The widespread closure of businesses during this public health emergency makes it
necessary to provide wage relief for affected employees through the extension of unemployment
benefits.
(c) To further aid residents whose employment has been impacted by the public health
emergency, it is necessary to clarify eligibility for unemployment insurance, expand the
Districts work share program, and align the Accrued Sick and Safe Leave Act of 2008, effective
May 13, 2008 (D.C. Law 17-152; D.C. Official Code 32-531.01 et seq.), with the federal
Families First Coronavirus Response Act, approved March 18, 2020 (Pub. L. No. 116-127; 134
Stat. 178), with respect to emergency leave requirements.
(d) Due to the impact of closures and reduced operations, it is necessary to provide
businesses in the District relief through the creation of a small business grant program.
(e) To aid restaurants while they are unable to provide unrestricted dine-in service, it is
necessary to cap the commission fee that third-party food delivery platforms may charge a
restaurant to a maximum of 15% of the purchase price on delivery or pick-up orders and to
require third-party food delivery platforms to disclose fees to the customer.
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(f) To ensure businesses who do not have the income to file upcoming corporate
registration and trade name renewal applications are not penalized, it is necessary to waive late
fees for corporate registration filings and tradename renewal applications to provide some relief.
(g) To help District residents who utilize opportunity accounts meet their financial needs,
it is necessary to amend the Opportunity Accounts Act of 2000, effective April 3, 2001 (D.C.
Law 13-266; D.C. Official Code 1-307.61 et seq.), to allow for greater financial flexibility
during a public health emergency.
(h) To provide transparency for residents who must bury their loved ones, it is necessary
to require the Department of Consumer and Regulatory Affairs, the Board of Funeral Directors,
and the Attorney General for the District of Columbia to create a Funeral Bill of Rights.
(i) To protect consumers and the public during this public health emergency, it is crucial
to prohibit price gouging and the hoarding of supplies, and to increase penalties for unlawful
trade practices.
(j) Many District tenants who have been laid off or have had their hours reduced have
experienced significant reductions in their earnings, making it imperative to prohibit utility
shutoffs or evictions during this public health emergency.
(k) As part of the Sustainable Solid Waste Management Act of 2014, the District
established incentives for composting explicitly for residents to engage in residential composting
to reduce waste. To continue to promote sustainable waste practices during this public health
emergency, it is crucial to allow virtual composting training.
(l) Since many business are unable to operate during this public health emergency, it is
necessary to clarify that vacant property designations do not apply to those businesses who have
been ordered to close pursuant to an order of the Mayor.
(m) District agencies are operating at reduced capacity due to the public health
emergency, creating a need to allow the Mayor to waive deadlines for licenses, registrations, or
certifications for businesses and residents.
(n) To ensure tenants are not adversely impacted by the public health emergency, it is
necessary to prohibit evictions, direct mortgage providers to establish mortgage relief plans,
enable tenants and residents to establish rental payment plans, prohibit increases in rent during
the public health emergency, and extend deadlines for tenants and tenant associations to exercise
their rights.
(o) To ensure that District residents have an adequate supply of medication to treat
medical conditions, it is necessary to allow licensed pharmacists to dispense a refill of a
medication prior to the expiration of a waiting period between refills.
(p) Homeless individuals in the District are particularly vulnerable to viruses such as
COVID-19, necessitating amendments to the Homeless Services Reform Act of 2005 (D.C.
Official Code 4-751.01 et seq.).
(q) To aid the Mayor in addressing the critical needs of District residents during this
emergency, there is an immediate need to expand the Mayor's authority under the District of
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Columbia Public Emergency Act of 1980, and to expand the authority of the authority of the
Commissioner of the Department of Insurance, Securities, and Banking.
(r) Public benefits such as the Healthcare Alliance, Temporary Assistance for Needy
Families (known as, TANF) and the Supplemental Nutritional Assistance Program (known as,
SNAP) are crucial supports for the health and well-being of many District residents, creating an
immediate need to allow the Mayor to extend the expiration of assistance under these programs
until after the expiration this public health emergency.
(s) The medical surge projected by the Johns Hopkins model shows that hospitals in the
District will need additional capacity, such as increased acute care and ICU beds, to care for
patients with COVID-19. To prepare for the medical surge, it is necessary to establish a grant
program for District hospitals that can be used to purchase necessary equipment, pay for
increased personnel costs, and fund the construction and operation of temporary structures to test
or treat patients with COVID-19.
(t) Long-term care facilities in the District have been disproportionately impacted by the
spread of COVID-19, with 322 cases and 73 deaths as of May 4, 2020. Given that long-term care
facilities house particularly vulnerable populations, it is necessary to require daily reporting of
cases to the Department of Health.
(u) As District schools implement distance learning to protect the health and well-being
of students, parents, and staff during this public health emergency, it is necessary to amend
service requirements for graduation, and requirements for out of school time report waivers and
summer school attendance.
(v) Four individuals currently serving on the University of the District of Columbias
Board of Trustees are set to have their terms expire on May 15, 2020. To make sure that the
Board can continue operating effectively and not experience quorum issues, it is necessary to
amend the terms for certain Board of Trustee members.
(w) As of May 12, 2020, 179 residents in DC jail facilities have tested positive for
COVID-19 and one individual has died. Conditions in the facilities have led to lawsuits and
ongoing monitoring of Department of Correction practices to keep residents safe. For the
Council and the public to have the best possible information on developments occurring within
DC jail facilities, it is vital to prescribe reporting requirements.
(x) To protect the health and safety of elderly individuals and individuals who have
chronic conditions in the criminal justice system, it is necessary to extend the application of good
time credits for certain defendants, and align the use of compassionate release with the federal
First Step Act of 2018, approved December 21, 2018 (Pub. L. No. 115-391; 132 Stat. 5194).
(y) For the health and well-being of District residents, the District of Columbia Board of
Elections is encouraging voters to request absentee mail-in ballots for the primary election on
June 2nd and the special election for Ward 2 on June 16th. To make the process of requesting
such a ballot as easy as possible, it is imperative to make changes to the petitioning requirements
for ballot access.
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(z) Notarization is required for many critical activities in the District, including real estate
transactions, and legal proceedings. So that these activities can continue without interruption, it
is crucial to allow remote notarization during a public health emergency.
(aa) Due to the fact that District agencies are operating at reduced capacity during this
public health emergency, it is necessary to amend the Freedom of Information Act of 1976,
effective March 29, 1977 (D.C. Law 1-96; D.C. Official Code 2-531 et seq.) to allow agencies
more time to respond to requests.
(bb) To conduct legislative business during the emergency, the Council requires changes
to its rules to allow for remote committee and legislative meetings.
(cc) It is also necessary to allow flexibility to delay transmission of the Fiscal Year 2021
budget currently scheduled for May 12, 2020.
(dd) To ensure continuity of government operations while the public health emergency is
in effect, it is necessary to toll certain matters transmitted to the Council, and to confirm
appointments and reappointments of Mayoral nominees for specific agencies, boards,
committees, and commissions.
(ee) Advisory Neighborhood Commissions (ANCs) are a vital component of District
government, providing advice and insight on critical matters such as planning, social service
programs, and public safety in their neighborhoods. To enable ANCs to better respond to the
needs of their neighborhoods during this public health emergency, it is necessary to amend
petition requirements for ANC candidates, allow for remote ANC meetings, and expand the
grantmaking authority of ANCs.
(ff) Due to the adverse impacts of this public health emergency on businesses and
employees, the District is expected to lose $721 million in revenue in Fiscal Year 2020 alone. To
ensure that the District has the cash on-hand to meet its budgetary obligations, it is necessary to
allow the Chief Financial Officer to engage in short-term borrowing through the issuance of
general obligation notes and tax revenue anticipation notes.
(gg) To make certain that several nonprofit development projects can move forward
during the public health emergency, it is necessary to authorize the issuance of industrial revenue
bonds for these projects.
Sec. 3. The Council of the District of Columbia determines that the circumstances in
section 2 constitute emergency circumstances, making it necessary that the Coronavirus Support
Emergency Amendment Act of 2020 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.
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