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51% District Residents New Hires Amendment Act of 1998
Bill 12-725

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Councilmember David A. Catania

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember David Catania introduced the following bill, which was referred to the Committee on Economic Development

To amend the First Source Employment Act and the Washington Convention Center Act to impose penalties on contractors who fail to comply with the requirement that 51% of new hires shall be District residents.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “51% District Residents New Hires Amendment Act of 1998”.

Sec. 2. Section 4 of The District of Columbia First Source Employment Agreement Act of 1984, effective June 24, 1984 (D.C. Law 5-93, D. C. Code §1-1161 et seq.) is amended by adding a new subsection (c) to read as follows:

“(c) (1) The Chief Procurement Officer and any other District official charged with procurement authority shall include in every procurement for a project of the District a provision that 51 % of the contractor's employees hired for the project after the date the contractor enters into the contract with the District shall be District residents.

(2) Every contractor shall be required to document to the Mayor its compliance with this subsection at the completion of its contract.

(3) Every contractor which fails to comply with this subsection shall be subject to a penalty of not less than 10% of the total amount of its contract.. Recovery made pursuant to this subsection shall be remitted to the Department of Employment Services for job training programs, subject to appropriations by Congress.

Sec. 3. Section 204(h) of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Code §9-805(h)) is amended by adding new sentences at the end to read as follows:

“Every contractor shall be required to document to the Authority compliance with this subsection at the completion of its contract. Every contractor which fails to comply with this section shall be subject to a penalty of not less than 10% of the total amount of its contract. Any recovery made pursuant to this subsection shall be remitted to the Department of Employment Services for job training, subject to appropriations by Congress.”.

Sec. 4. This act shall have no fiscal impact.

Sec. 5. This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 831; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register.

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