1
2
3 ___________________________ ______________________________
4 Councilmember Brooke Pinto Councilmember Kenyan R. McDuffie
5
6
7
8 A BILL
9
10
11 _________
12
13
14 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
15
16 __________________
17
18
19 To amend, on an emergency basis, the Small and Certified Business Enterprise Development and
20 Assistance Act of 2005 to require that for a business enterprise to be certified as a local
21 business enterprise it must be either independently owned, operated, and controlled,
22 independently owned, operated, and controlled by a District-based enterprise, or a non-
23 District based business enterprise that is more than 50% owned by District residents; and
24 to require currently certified local business enterprises that do not meet this requirement
25 to be recertified by a time specified to remain a certified local business enterprise.
26
27 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
28 act may be cited as the Local Business Enterprise Clarification Emergency Amendment Act of
29 2020.
30 Sec. 2. Section 2331 of the Small and Certified Business Enterprise Development and
31 Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C. Official Code 2-
32 218.31), is amended by adding a new paragraph (1A) to read as follows:
33 (1A) Is either independently owned, operated, and controlled, owned, operated, and
34 controlled by a District-based enterprise; or owned by a non-District based business enterprise
35 that is more than 50% owned by District residents;.
1
36 Sec. 3. Grace period for compliance.
37 (a) Except as provided in subsection (b) of this section, a business enterprise currently
38 certified as a local business enterprise pursuant to the Small and Certified Business Enterprise
39 Development and Assistance Act of 2005, effective October 20, 2005 (D.C. Law 16-33; D.C.
40 Official Code 2-218.01 et seq. ), (CBE Act) that does not meet the requirements of section
41 2331(1A) of the CBE Act and does not submit a new application to the Department of Small
42 and Local Business Development to be recertified as a local business enterprise within 90 days
43 of the effective date of this act shall have its certification revoked pursuant to section
44 2363(a)(2)(B) of the CBE Act.
45 (b) A business enterprise currently certified as a local business enterprise pursuant to the
46 CBE Act that does not meet the Requirement but has an existing contract with the District shall
47 be permitted to complete the term of that contract, which shall include the base year and any
48 option years included in the contract, and receive the appropriate credit towards assisting an
49 agency in meeting its goals pursuant to section 2341 of the CBE Act and subcontracting points
50 pursuant to section 2346 of the CBE Act under its current certification. Upon completion of the
51 term of that contract, the business enterprise must meet the Requirement and be recertified to
52 remain a local business enterprise.
53 Sec. 3. Fiscal impact statement.
54 The Council adopts the fiscal impact statement Budget Director as the fiscal impact
55 statement required by section 4a of the General Legislative Procedures Act of 1975, approved
56 October 16, 2006 (120 Stat. 2038; D.C. Official Code 1-301.47a).
57 Sec. 4. Effective date.
2
58 This act shall take effect following approval by the Mayor (or in the event of veto by the
59 Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
60 90 days, as provided for emergency acts of the Council of the District of Columbia in section
61 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
62 D.C. Official Code 1-204.12(a)).
3