Back to legislation in Council period 13
| Title I. Council Review of
Contracts Title II. Reorganization of the Department of Human Rights and Local Business Development (Establishment of the Office of Human Rights and the Office of Local Business Development) Title III. Zoning Adjustments Title IV. Technical Amendment to the District of Columbia Revenue Act of 1970 Title V. Councilmembers' Salary Freeze Title VI. Disability Compensation Settlement Title VII. Early Out Retirement Incentive Title VIII. Easy Out Retirement Incentive Title IX. Retirement Board Title X. Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Technical Amendment Title X-A. Management Reform Implementation for the Fire and Emergency Medical Services Department Title XI. National Capital Revitalization Corporation and Confirmation Act Title XII. Administration of Medication Title XIII. Health Care System Development Commission Title XIV. Productivity Bank Fund Title XV. O Street Wall Restoration Title XVI. Public Benefit Corporation Title XVII. Substance Abuse Treatment and Prevention Title XVIII. Burial Assistance Title XIX. Public Education Title XX. Expenditure Criteria for the $150 Million Reserve Fund Title XXI. Annual Expenditures Title XXII. Medical Assistance Expansion Title XXIII. Establishment of Tobacco Settlement Trust Fund Title XXIV. Children and Youth Initiative Title XXV. Fiscal Year 1999 Allocations Title XXVI. Industrial Revenue Bond Program Title XXVII. Tax Parity Title XXVIII. Effective Date ENROLLED ORIGINAL AN ACT IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To amend, on a emergency basis, the District of Columbia Procurement Practices Act of 1985 to streamline Council review and approval of multiyear contracts and contracts in excess of $1 million; to establish the Office of Human Rights to administer the Human Rights Act of 1977 and to enforce equal opportunity in employment, housing, public accommodations, and educational institutions and to transfer to this Of dice the human rights functions of the Department of Human Rights and Local Business Development; to abolish the Department of Human Rights and Local Business Development; to establish the Office of Local Business Development to administer the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1998, and to transfer to this Office the local and minority business development functions of the Department of Human Rights and Local Business Development; to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to increase the cap on compensation of members of the Zoning Commission and the Board of Zoning Adjustment; to clarify that the exclusive source of funding for the Office of Zoning shall be appropriated local funds; to amend the District of Columbia Revenue Act of 1970 to repeal a reference to a repealed federal law; to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to freeze the salary levels of Members of the Council; to repeal the Councilmembers' Salary Freeze Amendment Act of 1994 to decouple the salary of the Chairman of the Council from the highest paid executive agency head; to amend the District of Columbia Government Comprehensive Merit Personnel Act of 1978 to authorize disability compensation retirement settlements; to authorize incentives for employees who choose to participate in the early out and easy out retirement program; to amend the Retirement Reform Act of 1979 to clarify the definition of a quorum and to replace the Director of the Office of Budget and Planning with the Chief Financial Officer as an ex officio member of the Retirement Board; to amend the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Act of 1998 to correct an erroneous cross-reference; to require the Mayor to direct the Chief of the Fire and Emergency Medical Services Department to implement certain management reforms for the Department; to amend the National Capital Revitalization Corporation Act of 1998 to change the number of public citizen members, to revise and clarify the personnel authority of the Board, to revise and clarify the period of Council review applicable to certain actions of the Corporation, to direct that part of the increased resources that are provided to the Office of Planning in the FY2000 Budget be allocated to the priority of producing small area action plans, to increase by 30 days the time the board has after its initial meeting to establish written criteria for the assistance that is appropriate for particular economic development projects, to require that the Corporation submit the criteria to the Council for review, and to provide specific time periods for the Council to review any amendments to the criteria and the submission of any new subsidiary established by the Corporation; to amend the Confirmation Act of 1978 to restore the Redevelopment Land Agency and Economic Development Finance Corporation to the list of agencies whose members are subject to Council confirmation; to amend Chapter 12 of Title 21 of the District of Columbia Code to require written notification to the program participant, guardian, or parent regarding the administration of medication by a trained employee and to authorize a registration fee for applicants certified as a trained medication employee; to establish a Health Care System Development Commission to develop recommendations and an implementation plan for restructuring the health care system; to establish a Productivity Bank Fund to provide loans to agencies that can justify initiatives that would generate additional revenues above current certified levels; to require the Mayor to make repairs to the O Street Wall using funds which have been allocated for these repairs and to submit an assessment of the effects of the Pope Branch Watershed on adjacent District communities; to amend the Health and Hospitals Public Benefit Corporation Act of 1996 to provide for an agreement to compensate the Public Benefit Corporation for services provided to District residents without insurance, to extend the date on which settlements and judgments of the Public Benefit Corporation shall be payable out of the monies of the Corporation and to forgive monies owed to the District; to amend the District of Columbia Substance Abuse Treatment and Prevention Act of 1989 to require the Mayor to contract out residential substance abuse programs; to amend the Emergency Assistance Program Act of 1988 to provide for implementation of a burial assistance program and the making of quarterly reports; to require the Superintendent of the District of Columbia Public Schools and the Chief of the Metropolitan Police Department to submit a comprehensive design on school security and to prohibit extending the current public school security contract; to amend An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes to establish a truancy center in each ward of the District; to amend the Public Charter Schools Act of 1996 to require the Chief Financial Officer of the District of Columbia to withhold 5% of the FY 2000 Budget of the District of Columbia Public Schools until completion of the student enrollment count for public schools and public charter schools, to apportion this amount first to the public charter schools based on their respective enrollments and the validity of the number of students that are District residents with any remaining funds apportioned back to the public schools, to require that public schools and public charter schools retain at each school a copy of the documents used to establish proof of a student's District residency, and to require a report to the Council on the apportionment of these funds; to establish review criteria for expending the $ 150 million reserve fund and to set forth the expenditures which shall be funded from the fund; to establish a guide for annual budget expenditure increases; to amend An Act to enable the District of Columbia to receive Federal assistance under title XIX of the Social Security Act for a medical assistance program and for other purposes to establish a plan to expand Medicaid to childless adult District residents with a family income up to 200% of the federal poverty level and undocumented children not otherwise eligible to be covered under Medicaid; to establish a Tobacco Settlement Trust Fund for the proceeds of the tobacco litigation settlement; to establish a children and youth initiative to provide out-of-school programs for District of Columbia children and youth, and to require the Mayor to provide criteria for funding programs for children and youth; to direct allocations of certain Fiscal Year 1999 appropriated funds for infrastructure and economic development; to amend section 47-340.22 of the District of Columbia Code to permit the retention of fee income earned by the Industrial Revenue Bond Program of the Office of Finance and Treasury; to amend Title 47 of the District of Columbia Code to change the real property tax classes and tax rates, to accelerate depreciation of computer equipment under the personal property tax, to eliminate the personal property tax on the first $50,000 value of personal property, to lower the individual income tax rates, to lower the corporate and unincorporated business franchise tax rates, to change the net operating loss deduction to allow businesses to take District-specific deductions, to change the net operating loss deduction to eliminate carrybacks of the deduction, to eliminate the arena fee for businesses with gross receipts under $2,000,000, to eliminate the sales tax on internet access, and to require the Chief Financial Officer to certify the Accumulated Fund Balance and prepare an analysis of the change in economic assumptions and revenue forecasts, to set a goal of reducing the highest individual income tax bracket to 8%, and to earmark future excess revenues for additional reductions in individual income tax rates. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999". TITLE I. COUNCIL REVIEW OF CONTRACTSSec. 101. Short title. This title may be cited as the "Establishment of Criteria for Council Review of Contracts Emergency Amendment Act of 1999". Sec. 102. Section 1 05a of the District of Columbia Procurement Practices Act of 1985, effective March 8, 1991 (D.C. Law 8-257; D.C. Code §1-1181.5a), is amended by adding a new subsection (j) to read as follows:
Sec. 103. Fiscal impact statement. The fiscal impact of this title shall be positive because it will facilitate more timely and efficient procurement of goods and services by the District government. TITLE II. REORGANIZATION OF THE DEPARTMENT OF HUMAN RIGHTS AND LOCAL BUSINESS DEVELOPMENT (ESTABLISHMENT OF THE OFFICE OF HUMAN RIGHTS AND THE OFFICE OF LOCAL BUSINESS DEVELOPMENT)SUBTITLE A. OFFICE OF HUMAN RIGHTS ESTABLISHMENT Sec. 201. Short title. This subtitle may be cited as the "Office of Human Rights Emergency Establishment Act of 1999". Sec. 202. Establishment of the Office of Human Rights. (a) Pursuant to section 404(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 787; D.C. Code §1-227(b)), there is hereby established, in the Executive Branch of the government of the District of Columbia, an Office of Human Rights under the supervision of a Director, who shall carry out the functions and authorities assigned to the Office. The Office of Human Rights ("Office") is established as a separate agency as of October 1, 1999. (b) The Director shall have full authority over the Office and all functions and personnel assigned thereto, including the power to redelegate to other employees and officials of the Office such powers and authority as in the judgment of the Director are warranted in the interests of efficiency and sound administration. Sec. 203. Purpose. The purpose of the Office is to secure an end to unlawful discrimination in employment, housing, public accommodations, and educational institutions for any reason other than that of individual merit. The Office shall seek to eradicate discrimination on the basis of race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, familial status, family responsibilities, matriculation, political affiliation, physical handicap, source of income, and place of residence or business. Sec. 204. Functions. The functions of the Office shall be to:
Sec. 205. Transfers. All positions, personnel, property, records, and unexpended balances of appropriations, allocations, and other funds available or to be made available to the Department of Human Rights and Local Business Development for the human rights functions set out in Reorganization Plan No. 1 of 1989, effective November 1, 1989, are hereby transferred to the Office. Sec. 206. Organization. (a) There are hereby established the following 5 primary organizational functions in the Office:
(b) The Director, in the performance of his or her duties and functions, is authorized to restructure the organizational components of the Office as he or she deems necessary to improve the quality of services. Sec. 207. Abolishment of the Department of Human Rights and Local Business Development. Pursuant to section 404(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 787; D.C. Code §1-227(b)), the Council hereby abolishes the Department of Human Rights and Local Business Development, established under Reorganization Plan No. I of 1989, effective November 1, 1989. The Department of Human Rights and Local Business Development is abolished as of October I, 1999. Sec. 208. Subordinate agency status. Section 301(q)(18) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code §603.1 (17)(R)), is amended to read as follows:
Sec. 209. Fiscal impact statement. This subtitle will not have a fiscal impact, because the District's financial plan and budget for fiscal year 2000 includes a budget for the Office of Human Rights. SUBTITLE B. OFFICE OF LOCAL BUSINESS DEVELOPMENT Sec. 220. Short title. This subtitle may be cited as the "Office of Local Business Development Emergency Establishment Act of 1999". Sec. 221. Establishment of the Office of Local Business Development. (a) Pursuant to section 404(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 787; D.C. Code §1-227(b)), there is hereby established, in the Executive Branch of the government of the District of Columbia, an Office of Local Business Development under the supervision of a Director, who shall carry out the functions and authorities assigned to the Office. The Office of Local Business Development ("Office") is established as a separate agency as of October 1, 1999. (b) The Director shall have full authority over the Office and all functions and personnel assigned thereto, including the power to redelegate to other employees and officials of the Office such powers and authority as in the judgment of the Director are warranted in the interests of efficiency and sound administration. Sec. 222. Purpose. he purpose of the Office is to administer the Equal Opportunity for Local, Small, and Disadvantaged Business Enterprises Act of 1998, effective April 27, 1999 (D.C. Law 12-268; to be codified at D.C. Code §1-1153.1 et seq.) ("LSDBE Act"), and to promulgate rules necessary for administration of the LSDBE Act. Sec. 223. Functions. The functions of the Office shall be to: (1) Educate the public, including District residents and businesses, about the LSDBE Act; (2) Receive and review applications for certification, in conjunction with the Local Business Opportunity Commission; (3) Stimulate and foster greater opportunities for businesses, certified as local, small, or disadvantaged businesses, to participate in District procurement for goods and services than would otherwise be possible; (4) Educate, disseminate, and market contract opportunities information to those businesses already holding certification as local, small, or disadvantaged business enterprises; (5) Enforce procurement regulations for businesses already holding certification; (6) Receive and investigate complaints of violations of the LSDBE Act and take appropriate enforcement action regarding such complaints; (7) Certify a complaint to the Office of the Corporation Counsel for legal action needed, in the Director's judgment, to preserve the status quo or to prevent irreparable harm to a party to the complaint; and (8) Forward to the Local Business Opportunity Commission, for a hearing, decision, and order, any complaint that has resulted in a finding of probable cause by the Office. Sec. 224. Transfers. All positions, personnel, property, records, and unexpended balances of appropriations, 61-2267 allocations, and other funds available or to be made available to the Department of Human Rights and Local Business Development for the local and minority business development functions set out in Reorganization Plan No. 1 of 1989, effective November 1, 1989, are hereby transferred to the Office. Sec. 225. Subordinate agency status. Section 301 (q) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code §1-603.1(17)), is amended by adding a new paragraph (46) to read as follows:
Sec. 226. Fiscal impact statement. This subtitle will not have a fiscal impact because the District's financial plan and budget for fiscal year 2000 includes a budget for the Office of Local Business Development. Sec. 227. Applicability. This title shall apply as of October 1, 1999. TITLE III. ZONING ADJUSTMENTSSUBTITLE A. INCREASE OF CAP ON COMPENSATION OF MEMBERS OF THE ZONING COMMISSION AND BOARD OF ZONING ADJUSTMENT Sec. 301. Short title. This subtitle may be cited as the "Zoning Commission and Board of Zoning Adjustment Stipend Emergency Amendment Act of 1999". Sec. 302. Section l l08(C)(2) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code §1-612.8(c)(2)), is amended as follows:
Sec. 303. Fiscal impact statement. This subtitle increases the compensation cap of the maximum annual stipend limit for
Zoning Commission and Board of Zoning members from $3,000 to $6,000, the chairperson of
each board is entitled to an additional 20% above the annual maximum. The maximum
potential SUBTITLE B. SOURCE OF FUNDING FOR ZONING BUDGET Sec. 304. Short title. This subtitle may be cited as the "Source of Funding for Zoning Budget Emergency Act of 1999 . Sec. 305. The exclusive source of funding for the Office of Zoning shall be appropriated local funds. Sec. 306. Fiscal impact statement. This subtitle shall have no fiscal impact because it is consistent with the Fiscal Year 2000 budget and financial plan. The Office of Zoning's operating budget in the past has consisted of both "local" and "private and other" funds collected from zoning fees paid by applicants who file zoning cases. The Fiscal Year 2000 Budget Request Act shifts $260,000 from "private and other" funds to "local" funds as the source of funding for part of the budget of the Office of Zoning, in order to address the uncertainty associated with a budget contingent on fees over which the office has no control. The year-to-year fluctuations in the amount of fees collected by the Office of Zoning has adversely impacted the ability of the office to implement its spending plan. Totally funding expenditures by this office from local funds, and depositing all revenues generated by zoning fees into the general fund, will allow the office to develop a spending plan that can be implemented in a way that has no effect on overall expenditures and revenues of the District government. Sec. 307. Applicability. This title shall apply as of October 1, 1999. TITLE IV. TECHNICAL AMENDMENT TO THE DISTRICT OF COLUMBIA REVENUE ACT OF 1970Sec. 401. Short title. This title may be cited as the "Revenue Act Technical Emergency Amendment Act of 1999". Sec. 402. Section 705(b) of the District of Columbia Revenue Act of 1 970, approved January 5, 1971 (84 Stat. 1939; D.C. Code §1-336(b)), is repealed. Sec. 403. Fiscal impact statement. Enactment of this title will not have a fiscal impact, because it makes a technical change in District law to eliminate a reference to a provision of federal law (the Economy Act of 1932) that has been repealed. TITLE V. COUNCILMEMBERS' SALARY FREEZESec. 501. Short title. This title may be cited as "Councilmembers' Salary Freeze Emergency Amendment Act of 1999". Sec. 502. Section 1109(b) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code §612.9(b)), is amended to read as follow:
Sec. 503. The Councilmembers' Salary Freeze Amendment Act of 1994, effective March 16, 1995 (D.C. Law 10-225; D.C. Code §1-612.9 note), is repealed. Sec. 504. Fiscal impact statement. This title will not have a negative fiscal impact. This title decouples the salary of the Chairman of the Council from the highest paid executive agency head, and freezes the salary level for members of the Council. TITLE VI. DISABILITY COMPENSATION SETTLEMENTSec. 601. This title may be cited as the "Disability Compensation Settlement Emergency Amendment Act of 1999". Sec. 602. Section 2316 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code §1-624.16), is amended by adding a new subsection (d) to read as follows:
Sec. 603. Fiscal impact statement. There would be no revenue impact as a result of the enactment of this title. The Disability Retirement Program can be self-funded through the budget allocation of the Disability Program. TITLE VII. EARLY OUT RETIREMENT INCENTIVESec. 701. Short title. This title may be cited as the "Early Out Retirement Incentive Emergency Act of 1999". Sec. 702. Early out retirement incentive. (a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code §1-612.6), the Council of the District of Columbia adopts changes to the Career and Excepted Service compensation system under section 1104 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 ( D.C. Law 2-139; D.C. Code §1-612.4), that authorize the Mayor to establish a retirement incentive program for certain District employees. (b) The changes to the compensation system are as follows:
Sec. 703. Fiscal impact statement. There would be no revenue impact as a result of the enactment of this title. The FY 2000 fiscal impact of the Early Out Program may total $19,026,312. This total is based on approximately 3,188 employees who are currently eligible for the Early Out Program. Pursuant to section 802(b)(4), the retirement incentive will total 50% of an employee's annual rate of basic pay. The average salary for this employee population totals $39,800. Assuming that 30% of the eligible employees retire under this program, the fiscal impact in FY 2000 will total approximately $19,026,312. Other costs associated with the Early Out Program include terminal leave and possible additional costs to back-fill positions. However, some costs for this program may be offset by savings derived from lapsed salaries, where positions are abolished or remain vacant during the fiscal year. TITLE VIII. EASY OUT RETIREMENT INCENTIVESec. 801. Short title. This title may be cited as the "Easy Out Retirement Incentive Emergency Act of 1999". Sec. 802. Easy out retirement incentive. (a) Notwithstanding section 1106 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code §1-612.6), the Council of the District of Columbia adopts changes to the Career and Excepted Service compensation system under section 1104 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code §1-612.4), that authorize the Mayor to establish a retirement incentive program for certain District employees. (b) The changes to the compensation system are as follows:
Sec. 803. Fiscal impact statement. There would be no revenue impact as a result of the enactment of this title. The FY 2000 fiscal impact of the Easy Out Program may total $29,439,288. This total is based on approximately 4,826 employees who are currently eligible for the Easy Out Program. Pursuant to section 802(b)(4), the retirement incentive will total 50 percent of an employee's annual rate of basic pay. The average salary for this employee population totals $40,662. Assuming that 30 percent of the eligible employees retire under this program, the fiscal impact in FY 2000 will total approximately $29,439,288. Other costs associated with the Easy Out Program include terminal leave and possible additional costs to back-fill positions. However, some costs for this program may be offset by savings derived from lapsed salaries, where positions are abolished or remain vacant during the fiscal year. TITLE IX. RETIREMENT BOARDSec. 901. Short title. This title may be cited as the "Retirement Board Emergency Amendment Act of 1999". Sec. 902. Section 121 of the Retirement Reform Act of 1979, approved November 17, 1989 (93 Stat. 866; D.C. Code §1-711), is amended as follows:
Sec. 903. Fiscal impact statement. Enactment of this title will not have a fiscal impact because: (1) it makes a procedural change to clarify that the Retirement Board may declare a quorum and transact business when a majority of members is present; (2) it corrects the title of the individual within the District government who performs the functions formerly assigned to the Director of the Office of Budget and Financial Management who is chosen to serve as an ex of officio member of the Board; and (3) the Retirement Board's budget is funded from its investment earnings and no local dollars are used. TITLE X. POLICE OFFICERS, FIRE FIGHTERS, AND TEACHERS RETIREMENT BENEFIT REPLACEMENT PLAN TECHNICAL AMENDMENTSec. 1001. Short title. This title may be cited as the "Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Technical Emergency Amendment Act of 1999". Sec. 1002. Section 123 of the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Act of 1998, effective September 18, 1998 (D.C. Law 12-152; to be codified at D.C. Code §1-783.3), is amended by striking the phrase "The replacement plan described in section 122" and inserting the phrase "The replacement plan described in section 121" in its place. Sec. 1003. Fiscal impact statement. This title is a technical amendment to correct an erroneous cross-reference and has no fiscal impact. TITLE X-A. MANAGEMENT REFORM IMPLEMENTATION FOR THE FIRE AND EMERGENCY MEDICAL SERVICES DEPARTMENTSec. 1011. Short title. This title may be cited as the "Fire and Emergency Medical Services Department Management Reform Implementation Emergency Act of 1999". Sec. 1012. (a) The Mayor shall direct the Chief of the Fire and Emergency Medical Services Department ("Department") to establish as a funding priority for the Department, the purchase of equipment, including state of the art air masks and radios, and other articles identified in the Reconstruction Committee Report on the October 24, 1997, fire that resulted in the death of Sergeant Carter; and to implement a dual role/cross trained/firefighter/paramedic pilot program within the Department, using existing and other funds which may become available, including overtime funds, during Fiscal Year 2000. (b) The Mayor shall direct the Department Chief to deploy 2 Advanced Life Support Paramedics on 4 engine companies in the Department's fleet. The Mayor shall direct the Chief to utilize existing or overtime funds to implement this project. The Mayor shall direct the Department Chief to consult with the Council before he determines which 4 engine companies will participate in the pilot program. Sec. 1013. Fiscal impact statement. The funding for this title is estimated to be $503,411.65. Of this amount, $353,411.65 is allocated to cover personnel costs, and $150,000 is allocated to cover anticipated and actual overtime costs associated with implementation of the program. The $353,411.65 reflects a paramedic's annual salary at DS9/8 and includes fringe benefits at 9% of salary. (This information was compiled from the DCFDEMS Schedule A for FYs 1999-2000). TITLE XI. NATIONAL CAPITAL REVITALIZATION CORPORATION AND CONFIRMATION ACTSec. 1101. Short. title. This title may be cited as the "National Capital Revitalization Corporation and Confirmation Emergency Amendment Act of 1999". Sec. 1102. The National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 12-144; to be codified at D.C. Code §1-2295.1 et seq.), is amended as follows: (a) Section 4 (D.C. Code §1-2295.3) is amended as follows:
(b) Section 6 (D.C. Code §1-2295.5) is amended as follows:
(c) Section 13 (D.C. Code §1-2295.12) is amended as follows:
(d) Section 14(b) (D.C. Code §1-2295.13(b)) is emended as follows:
(e) Section 15(a) (D.C. Code §1-2295.14(a)) is amended as follows:
(f) Section 17(a) (D.C. Code §1-2295.16(a)) is amended as follows:
Sec. 1103. Section 2(e) of the Confirmation Act of 1978, effective March 3, 1979 (D.C. Law 2-142; D.C. Code §1-633.7(e)), is amended as follows: (a) Strike the phrase "paragraphs (1)-(24)" in the first sentence and insert the phrase "paragraphs (1)-(26)" in its place. (b) Paragraph (24) is amended by striking the period at the end and inserting a semicolon m its place. (c) Add new paragraphs (25) and (26) to read as follows:
Sec. 1104. Fiscal impact statement. This title has no negative fiscal impact. TITLE XII. ADMINISTRATION OF MEDICATIONSec. 1201. Short title. This title may be cited as the "Use of Trained Employees to Administer Medication Clarification Emergency Act of 1999". Sec. 1202. Chapter 12 of Title 21 of the District of Columbia Code is amended as follows: (a) The table of contents is amended by adding the phrase "21-1206. Fees.". (b) Section 21-1201(2) is repealed. (c) Section 21-1203(a)(1) is amended to read as follows:
(d) Section 21-1205(a)(1) is amended to read as follows:
(e) A new section 21-1206 is added to read as follows:
Sec. 1203. Fiscal impact statement. These amendments will not have a negative fiscal impact. These amendments will assist in implementing D.C. Code §21-1201 et seq. which will have a positive fiscal impact on the Medicaid budget by reducing the reimbursable operating expenses. TITLE XIII. HEALTH CARE SYSTEM DEVELOPMENT COMMISSIONSec. 1301. Short title. This title may be cited as the "Health Care System Development Commission Establishment Emergency Act of 1999". Sec. 1302. Establishment; purpose. There is established a Health Care System Development Commission ("Commission") to develop recommendations and an implementation plan for developing the health care system. Sec. 1303. Qualifications; membership; terms of office. (a) The Commission shall consist of 11 members as follows:
(2) There shall be 5 members appointed by the Mayor and 3 members appointed by the Council by resolution.
(b) A vacancy on the Commission shall be filled in the same manner that the original appointment was made. (c) The Commission shall select a chair from among its ex-officio members. (d) Six members of the Commission shall constitute a quorum. (e) The term of members shall end 180 days after the effective date of this act. Sec. 1304. Compensation. Members of the Commission shall not receive compensation or reimbursement for actual expenses incurred in the performance of official duties. Sec. 1305. Duties. (a) The Commission shall establish criteria to be used in the development of recommendations. The criteria shall all include, but not be limited to, the following:
(b) Within 120 days after its initial meeting, the Commission shall develop a set of recommendations for developing the health care system which addresses the following:
(c) The recommendations shall be developed in accordance with the criteria established in this section. Sec. 1306. Approval of recommendations. (a) The Mayor shall transmit the recommendations of the Commission to the Council for approval. (b) The recommendations shall be transmitted to the Council for a 45-day period, excluding days of Council recess. The Council shall take action to approve or disapprove the recommendations. If the Council does not take action within the 45-day period, the recommendations shall be deemed disapproved. Sec. 1307. Office space and staffing. (a) The Mayor shall provide sufficient office space, detail staff, and technical and administrative support to assist the Commission in the fulfillment of its duties. (b) The Commission shall have the authority to request directly from each department, agency, or instrumentality of the District government, and each department, agency, or instrumentality is hereby authorized to furnish directly to the Commission upon its request, any information deemed necessary by the Commission to carry out its functions under this act. Sec. 1308. Fiscal impact statement. This title will have no fiscal impact because Commission members are unpaid and existing resources will support the Commission's activities. TITLE XIV. PRODUCTIVITY BANK FUNDSec. 1401. Short title. This title may be cited as the "Productivity Bank Fund Establishment Emergency Act of 1999". Sec. 1402. (a) There is established a revolving and proprietary Productivity Bank Fund to be used to provide loans to agencies that can justify initiatives that would generate additional revenues above current certified levels, or savings, according to productivity goals and measures established pursuant to section 1403. (b) Loans from the Productivity Bank Fund shall be decided by a Bank Loan Committee. The Bank Loan Committee shall consist of 5 members as follows:
(c) The Mayor shall transmit to the Council, for a 45-day period of review, excluding days of Council recess, the nomination of the public member of the Bank Loan Committee. The Council shall be deemed to have approved the nomination if during the 45-day period, no member introduces a resolution disapproving the nomination. If a member introduces a resolution disapproving the nomination within the 45-day period, the Council shall have an additional 45 days, excluding days of Council recess, to disapprove the nomination by resolution, or it will be deemed approved. Sec. 1403. The Mayor shall issue rules setting out the criteria by which the Bank Loan Committee shall evaluate loan applications and the terms that shall govern the loans, including procedures for repayment. The Bank Loan Committee shall not issue any loans until the publication of final rules to implement this act, in accordance with the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Code §1-1501 et seq.). Sec. 1404. Fiscal impact statement. There is $20 million budgeted for the Productivity Bank in the Fiscal Year 2000 Budget and Financial Plan. This bank is intended to produce the $20 million in productivity savings identified in the Fiscal Year 2000 Budget and Financial Plan. TITLE XV. O STREET WALL RESTORATIONSec. 1501. Short title. This title may be cited as the "O Street Wall Restoration Emergency Act of 1999". Sec. 1502. (a) The Mayor shall use the funds previously budgeted for FY 1999 to design and reconstruct or otherwise repair portions of the retaining wall commonly known as the O Street Wall ("Wall"), located in Square S-5542, S.E., and to take remedial actions and make other improvements to address the threat of soil erosion and sedimentation in Square S-5542, S.E. Notwithstanding any other provision of law, owners of private property adjacent to the Wall shall not be required to make any deposit nor be assessed any part of the costs associated with the repair of the Wall.". (b) The remedial action and improvements which the Mayor shall undertake include the following:
(c) The Mayor shall take reasonably necessary protective measures to preserve public health and safety, including the temporary relocation of any persons legally occupying property affected by the repair work, if temporary relocation is necessary for the Mayor to proceed with the design and reconstruction of the Wall. Sec. 1503. The Mayor is authorized to prohibit activities in Square S-5542, S.E., which may contribute to the soil erosion and sedimentation problems in Square S-5542, S.E., including: landfill treatments; water diversions; and construction. Sec. 1504. The Mayor is authorized to enter onto private property for purposes of carrying out the provisions of this act. The entry, pursuant to this act, shall be reasonable in time and manner, and shall be permitted only after the provision of 2 weeks written notice to affected property owners, unless the property owners give prior written consent. Sec. 1505. The Mayor is authorized to inspect the Wall repaired pursuant to this act, perform routine and non-routine maintenance, and may make necessary future repairs. Sec. 1506. The Mayor shall submit to the Council a geological and hydrologic assessment of the short term and long term effects of the Pope Branch Watershed on its adjacent District of Columbia communities and shall develop a remediation plan with the federal government, which owns the bulk of the property through which Pope Branch runs. Sec. 1507. No claim or right of relief for any repair, reconstruction, or other remedial action undertaken by the Mayor pursuant to this act is created by this act. Nor does this act establish any obligation on the part of the District of Columbia to take any further action, temporary or permanent, to address the issue of soil erosion and sedimentation in Square S-5542, S.E. Sec. 1508. Fiscal impact statement. The Chief Financial Officer of the District of Columbia has identified $3,576,000, which is currently available to be used for the purposes described in this act, without impairment of any other functions of the District government. These funds were originally included in the fiscal year 1999 budget. Accordingly, the fiscal impact of this bill is expected to be de minimis. Section 1506 has no fiscal impact as existing staff within District agencies are directed to conduct the assessment and report findings. TITLE XVI. PUBLIC BENEFIT CORPORATIONSec. 1601. Short title. This title may be cited as the "Public Benefit Corporation Agreement, Representation, and Indemnification Extension Emergency Amendment Act of 1999". Sec. 1602. The Health and Hospitals Public Benefit Corporation Act of 1996, effective April 9, 1997 (D.C. Law 11-212; D.C. Code §32-262.1 et seq.), is amended as follows: (a) Section 207(d) (D.C. Code §32-262.7(d)) is amended to read as follows:
(b) Section 219 (D.C. Code §32-262.19) is amended to read as follows:
(c) A new section 219a is added to read as follows:
Sec. 1603. Applicability date. Section 1602(b) of this title shall be applicable from the date of the Board's first meeting under section 204(h) of the Health and Hospitals Public Benefit Corporation Act of 1996, effective April 9, 1997 (D.C. Law 11-212; D.C. Code §32-262.4(h)). Sec. 1604. Fiscal impact statement. The Corporation Counsel and the Public Benefit Corporation ("Corporation") both estimate that the cost to the District to continue to indemnify and represent the Corporation is $2.4 million. This amount has been transferred from the Corporation subsidy to the Corporation Counsel for FY 2000. There is no specific fiscal impact in transition from a subsidy payment to a contractual relationship for the provision of care to the indigent except that the contract amount will at least be the equivalent of the Corporation's FY 2000 approved budget. The $29 million liability is fully reserved on the District's books. Therefore, forgiving this liability, due from the Corporation, will have no fiscal impact on the District. The Corporation will make a balance sheet entry removing this liability with no fiscal impact on the books of the Corporation. There is no revenue impact associated with this provision. TITLE XVII. SUBSTANCE ABUSE TREATMENT AND PREVENTIONSec. 1701. Short title. This title may be cited as the "Substance Abuse Treatment and Prevention Emergency Amendment Act of 1999". Sec. 1702. The-District of Columbia Substance Abuse Treatment and Prevention Act of 1989, effective March 15, 1990 (D.C. Law 8-80; D.C. Code §32-1601 et seq.), is amended by adding a new section 4a to read as follows:
Sec. 1703. Fiscal impact statement. Funds in the amount of $1,148,070 have been transferred from personal services to contractual services for inpatient services to implement this provision. TITLE XVIII. BURIAL ASSISTANCESec. 1801. Short title. This title may be cited as the "Burial Assistance Emergency Amendment Act of 1999". Sec. 1802. Section 29 of the Emergency Assistance Program Act of 1988, effective March 16, 1989 (D.C. Law 7-221; D.C. Code §3-1028), is amended as follows:
Sec. 1803. Fiscal impact statement. The fiscal impact of this program shall be limited to a maximum of $1 million but could actually be less. The program is anticipated to be means tested and the exact expenditure shall be governed by the actual number of applicants approved. Funds in the amount of $1 million have been redirected to the General Public Assistance and Supplemental Security Income Division from other sources within the Department of Health and Human Services to fund this program. TITLE XIX. PUBLIC EDUCATIONSUBTITLE A. SCHOOL SECURITY Sec. 1901. Short title. This subtitle may be cited as the "Public School Security Program Emergency Act of 1999". Sec. 1902. The Superintendent of the District of Columbia Public Schools ("DCPS") and the Chief of the Metropolitan Police Department shall submit a comprehensive design on school security for DCPS to the Council of the District of Columbia by August 2, 1999. Sec. 1903. The school security contract, which expires on September 30, 1999, shall not be extended for more than one year (September 30, 2000). Sec. 1904. Fiscal impact statement. This subtitle will have no negative fiscal impact. The DCPS will use funds from its security budget to fund this act. SUBTITLE B. ESTABLISHMENT OF TRUANCY CENTERS FOR PUBLIC SCHOOL AND PUBLIC CHARTER SCHOOL STUDENTS Sec. 1905. This subtitle shall be cited as the "Public School and Public Charter School Student Truancy Center Establishment Emergency Amendment Act of 1999". Sec. 1906. Section 6(a) of Article II of An Act To provide for compulsory school attendance, for the taking of a school census in the District of Columbia, and for other purposes, effective August 25, 1994 (D.C. Law 10-159; D.C. Code §31-402.1(a)), is amended to read as follows:
Sec. 1907. Fiscal impact statement. This subtitle has no fiscal impact because truant centers may be established at existing establishments. SUBTITLE C. ADDITIONAL FUNDING FOR PUBLIC CHARTER SCHOOLS Sec. 1908. Short title. This subtitle may be cited as the "Additional Funding for Public Charter Schools Emergency Amendment Act of 1999". Sec. 1909. Section 218 of the Public Charter Schools Act of 1996, effective May 29, 1996 (D.C. Law 11-135; D.C. Code §31-2828), is amended by adding a new subsection (i) to read as follows:
Sec. 1910. Fiscal impact statement. Enactment of this subtitle shall have no fiscal impact. The funds have already been appropriated in the District of Columbia Public School budget. TITLE XX. EXPENDITURE CRITERIA FOR THE $150 MILLION RESERVE FUNDSec. 2001. Short title. This title may be cited as the "Expenditure Criteria for the $ 150 Million Reserve Fund Emergency Act of 1999". Sec. 2002. (a) Pursuant to section 155 of the District of Columbia Appropriations Act, 1999, approved October 21, 1998 (Pub. L. No. 105-277; 112 Stat. 2681[171]), the District shall have a reserve in the amount of $ 150 million ("Reserve"). (b) The criteria for spending from this Reserve are to ensure budget balance in case of a shortfall in revenue, or to provide flexibility to fund such expenditures as nonrecurring initiatives that support sustainable and measurable increases in revenues through enhanced service delivery, that reduce costs, that are unforeseen demands on District spending, or that constitute an investment in fostering the District's economic well-being. The District shall spend the funds from the Reserve in such a way that an appropriate balance is available in the 1st, 2nd, and 3rd quarters to ensure balance between revenues and expenditures at year end. Under no circumstances should the budgeted Reserve serve to provide resources to agencies to allow them to overspend their budget. (c) In accordance with the criteria set forth in subsection (b) of this section, funds from the Reserve shall be applied in the following order:
(d) The following expenditures shall be funded from the reserve in Fiscal Year 2000:
Sec. 2003. Fiscal impact statement. This title establishes the criteria for expending the $150 million reserve fund. Funds will be made available for identified projects in accordance with these criteria. TITLE XXI. ANNUAL EXPENDITURESSec. 2101. Short title This title may be cited as the "Guide to Annual Expenditures Emergency Act of 1999". Sec. 2102. In submitting fiscal year budgets to the Council for fiscal years beginning with fiscal year 2001, there should be a guide for calculating the increase in annual expenditures. This guide should be an increase of no more than 3% over the prior fiscal year's expenditures, with consideration being given to the annual rate of inflation. Sec. 2103. Fiscal impact statement. This title will have no fiscal impact because the expenditures are contained in the District's annual Budget Request Act, which would contain revenues to pay for the expenditures. TITLE XXII. MEDICAL ASSISTANCE EXPANSIONSec. 2201. Short title. This title may be cited as the "Medical Assistance Expansion Program Emergency Act of 1999". Sec. 2202. Medical assistance expansion program establishment. (a) The Mayor shall establish a program to expand medical assistance to adult District residents with an annual family income up to 200% of the federal poverty level.
(b) The Mayor shall establish a program to provide medical assistance to undocumented children not eligible for coverage under Medicaid who reside in the District and have an annual family income up to 200% of the federal poverty level.
(c) Beginning with fiscal year 2001, the Mayor may increase enrollment contingent upon the certification by the Chief Financial Officer of the availability of funding and subject to the District's financial plan and budget. (d) The Mayor may provide financial support to providers to register the uninsured in conformity with the financial plan and budget. (e) This act is subject to the availability of appropriations. Nothing in this act shall be deemed to create or constitute an entitlement or right to medical coverage. Sec. 2203. Children's Health Insurance Program. (a) The Mayor may submit a state child health plan and modifications to the plan to the Secretary of the United States Department of Health and Human Services ("Secretary"), to enable the District to receive federal assistance under title XXI of the Social Security Act, approved August 5, 1997 (Pub. L. No. 105-33; 42 U.S.C. §1397 aa et seq.) (b) The Mayor may take such action, in accordance with the rules issued by the Mayor pursuant to this act, as may be necessary to submit the plan to the Secretary and to establish and catty out the Children's Health Insurance Program. Sec. 2204. Rulemaking authority. The Mayor, pursuant to title I of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat. 1204; D.C. Code §1-1501 et seq.), shall issue rules to implement the provisions of this act. Sec. 2205. Council approval of Medicaid plan amendments and waivers. Section l(a) of An Act To enable the District of Columbia to receive federal assistance under title XIX of the Social Security Act for a medical assistance program and for other purposes, approved December 27, 1967 (81 Stat. 744; D.C. Code §1-359(a)), is amended to read as follows:
Sec. 2206. Fiscal impact statement. The total cost of the pilot program for FY 2000 is $6 million. Funding to cover the adult population is predicated upon receipt of federal approval to shift Disproportionate Share funds. The Mayor shall not begin the program for undocumented children until $600,000 in local funding has been identified and certified by the Chief Financial Officer. Any further expansions require the identification and certification of additional funding by the Chief Financial Officer and must be in conformity with the District's financial plan and budget. Children eligible for the Children's Health Insurance Program are covered under the District's Medicaid program. The District is eligible to receive federal financial assistance at a 79% rate under title XXI for CHIP, versus a federal rate of 70% under the general Medicaid program. This will conform the program to the District's financial plan and budget. TITLE XXIII. ESTABLISHMENT OF TOBACCO SETTLEMENT TRUST FUNDSec. 2301. Short title. This title may be cited as the "Tobacco Settlement Trust Fund Emergency Establishment Act of 1999". Sec. 2302. Establishment of Tobacco Settlement Trust Fund. (a) There is established within the General Fund of the District of Columbia, a trust fund designated as the Tobacco Settlement Trust Fund ("Fund"), to which shall be credited, without regard to fiscal year limitation, all revenue owed and accruing to the District from the proceeds of the tobacco litigation settlement, except for the first $16.05 million recognized as general fund revenue and already included in the base budget in FY 2000, and except for the second $16.05 million which is allocated first to the reserve to replace funds allocated from the reserve to the fund pursuant to Title XX of this act. The Fund shall be continuing. Revenues deposited into the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available, subject to authorization by Congress in an appropriations act. (b) Tobacco settlement monies received, or deposited into the Fund shall be used for the purposes set forth in legislation adopted by the Council. Sec. 2303. Fiscal impact statement. The FY 2000 budget assumes that the District will receive only 30% of the projected revenues from the Tobacco Settlement or approximately $420 million over a 30-year period. This assumption has been made because the executive branch of the federal government asserted a claim against the tobacco settlement payments in proportion to the federal Medicaid match. The current Federal-District match rate is 70-30. To date, legislation has been approved by the U.S. Senate and is pending before the U.S. House of Representatives which would prohibit the federal government from recouping any share of the tobacco settlement funds. Should that legislation prevail, the District will receive approximately $ I billion in additional revenue over 30 years from the Tobacco Settlement, for a total of $1.4 billion. Sec. 2304. Applicability. This title shall apply as of October 1, 1999. TITLE XXIV. CHILDREN AND YOUTH INITIATIVESec. 2401. This title may be cited as the "Children and Youth Initiative Emergency Establishment Act of 1999". Sec. 2402. There is established a Children and Youth Initiative ("Initiative") to provide out-of-school programs for District of Columbia children and youth. Sec. 2403. The Mayor is authorized to make grants to a single non-service provider, non-profit organization of which at least 95% shall be used to make sub-grants for the purpose of providing services to District children, youth and their families, including, but not limited to, early childhood development opportunities, safe and enriching centers of learning in and out of school, and other training, recreational and educational services. Sec. 2404. The Council provides $15 million for FY 2000 from the reserve for the Initiative as a nonrecurring priority expenditure designed to improve child and youth development in the District of Columbia The funds shall be available for conveyance to a non-service provider, nonprofit organization for the purposes identified in section 2403 when the Mayor has submitted to the Council for approval a resolution containing the following:
Sec. 2405. Fiscal impact statement. There shall be designated $15 million from the FY 2000 Budget (reserve unfunded), for implementation of this act. TITLE XXV. FISCAL YEAR 1999 ALLOCATIONSSec. 2501. Short title. This title may be cited as the "Allocation of Fiscal Year 1999 Infrastructure and Economic Development Funds Emergency Act of 1999". Sec. 2502. The Council directs that certain Fiscal Year 1999 funds appropriated by Congress for infrastructure and economic development, shall be allocated by the Mayor as follows: (1) $2,500,000 to the Department of Housing and Community Development for abatement of nuisance properties through the Homestead Program; (2) $10,000,000 to the Department of Housing and Community Development for replenishment of the Housing Purchase Assistance Program Fund, which assists homebuyers in the District with downpayment and closing costs; (3) $500,000 to the Department of Housing and Community Development for replenishment of the multi-unit rental housing rehabilitation revolving micro-loan fund of the non-profit Apartment Improvement Program; (4) $1,000,000 to the Commission on Arts and the Humanities for projects related to District of Columbia neighborhoods involved in the Smithsonian Institution's 2000 Festival of American Folklife; (5) $10,000,000 to the Department of Housing and Community Development for acquisition and development of distressed properties in mixed use areas ineligible for federal investment incentives or funds, to include $75,000 for a community design charrette to assist in the disposition of the 25 acre former McMillan Sand Filter Treatment site in Ward 5; (6) $1,000,000 to the Deputy Mayor for Planning and Economic Development for continuing support of the Washington DC Marketing Center; (7) $500,000 to the Commission on Arts and the Humanities for a grant to the DC Humanities Council in recognition of the central role of the humanities in our city's economic and community revitalization; and (8) $1,694,000 to the Deputy Mayor for Planning and Economic Development for support of the design, fabrication, installation and maintenance for 6 years of approximately 1000 citywide directional signs and maps. Sec. 2503. Fiscal impact statement This title shall have no fiscal impact because the affected funds were already appropriated for these purposes in Fiscal Year 1999. TITLE XXVI. INDUSTRIAL REVENUE BOND PROGRAMSec. 2601. Short title. This title may be cited as the "Industrial Revenue Bond Emergency Act of 1999". Sec. 2602. Section 47-340.22 of the District of Columbia Code is amended to read as follows:
Sec. 2603. Fiscal impact statement. This title shall have no fiscal impact on the General Fund because no fee income is budgeted as General Fund revenue. TITLE XXVII. TAX PARITYSec. 2701. This title may be cited as the "Tax Parity Emergency Act of 1999" Sec. 2702. Title 47 of the District of Columbia Code is amended as follows: (a) Chapter 3 is amended as follows:
(b) Section 47-812 is amended by adding new subsections (b-3), (b-4), and (b-5) to read as follows:
(c) Section 47-813 is amended as follows:
(f) Section 47-1801.4 is amended by adding new paragraphs (34), (35), and (36) to read as follows:
(g) Section 47-1803.3(a)(14) is amended to read as follows:
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