Back to legislation in Council period 13

Fiscal Year 2001 Budget Support Act of 2000
Bill 13-679

Chairman Cropp at the request of the Mayor

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Cropp, at the request of the Mayor, introduced the following bill, which was referred to the Committee of the Whole.

To amend 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 amend the Victims of Violent Crime Compensation Act of 1996 to clarify, modify and add categories of reimbursable expenses; to expand the definition of victim; to clarify the crimes of violence for which compensation is available; to clarify that the receipt of crime victims compensation funds shall not affect eligibility for other public benefits; to authorize the transfer at the end of each fiscal year excess amounts from the Crime Victims Compensation Fund to the victims assistance grants agency for the purpose of victims assistance; and to provide for annual audit of the Crime Victims Compensation Fund; to authorize incentives for employees who choose to participate in the early out and easy out retirement program; 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 reorganize the responsibility for tree maintenance from the Department of Public Works to the Department of Parks and Recreation; to amend section 320 of the District of Columbia Procurement Practices Act of 1985 ("Act") to exempt the District of Columbia Board of Education from the Act; and to make conforming amendments to other statutes that govern procurement by the Board of Education; to authorize the return of revenue from the disposal of excess police vehicles to the Metropolitan Police Department for the purchase of replacement vehicles; to establish a Bureau of Community Hygiene in the Department of Health, to provide for a rodent control enterprise fund, and to amend other statutes and regulations that govern rodent control; to establish a Citywide Call Center; to authorize the Mayor to adjust the Attorney Retention Allowance to conform as close as possible with the pay of federal government attorneys; to amend the Rental Housing Act Extension Amendment Act of 2000 to provide for its termination on December 31, 2004; and to authorize the lateral transfer of emergency medical technicians and paramedics employed by the D.C. Fire and Emergency Medical Services Department to the firefighting division and to allow such transferred employees to elect coverage under the District of Columbia's Police Officers and Firefighters Retirement Benefit Replacement Plan; to amend the Policemen and Firemen's Retirement and Disability Act to allow prior District of Columbia government service to be credited toward retirement; and to amend the District of Columbia Police and Firemen's Salary Act of 1958 to allow prior District of Columbia government service to be credited toward longevity pay.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fiscal Year 2001 Budget Support Act of 2000".

TITLE I. COUNCIL REVIEW OF CONTRACTS

Sec. 101. Short title. This title may be cited as the "Establishment of Criteria for Council Review of Contracts Amendment Act of 2000".

Sec. 102. Section 105a(j)(5) of the District of Columbia Procurement Practices Act of 1985, effective March 8, 1991 (D.C. Law 8-257; D.C. Code з 11181.5a(j)(5)), is amended by striking "December 31, 2000" and inserting "January 31, 2003" in its place.

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. VICTIMS OF VIOLENT CRIME COMPENSATION

Sec. 201. Short title.

That this act may be cited as the "Victims of Violent Crime Compensation Amendment Act of 2000".

Sec. 202. Section 2 of the Victims of Violent Crime Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code з 3-421 et seq.) is amended as follows:

(a) By striking the "and" before the phrase "Public Employees' Disability Compensation" in paragraph (3)(B) and inserting before the semi-colon the phrase", the Department of Human Services, the Department of Health, the Child and Family Services Agency, and Court Social Services";

(b) By inserting the phrase "assault with a dangerous weapon, aggravated assault, assault on a police officer, assault with intent to kill, assault with intent to commit any offense, burglary, stalking, threats," after the word "assault," in paragraph (6).

(i) By striking the phrase ", except for pain and suffering" in the matter preceding subparagraph (A);

(ii) By striking the word "Funeral" and inserting the phrase "Reasonable funeral" in its place in subparagraph (B);

(iii) By striking the phrase ", not exceeding $3,000 per death" immediately before the semicolon in subparagraph (B);

(iv) By striking the phrase "In the case of battered partners or children, the" and inserting "The reasonable" in its place in subparagraph (C);

(v) By inserting the phrase "food and" before the word "housing" in subparagraph (C);

(vi) By striking the number "90" and inserting the number "120" in its place in subparagraph (C);

(vii) By inserting the word "reasonable" before the word "cost" in subparagraph (H); and

(viii) By striking the phrase ", not exceeding $1,000; and" and inserting a semicolon in its place in subparagraph (H); and

(ix) By inserting new subparagraphs (J) through (M) to read as follows:

"(J) The reasonable cost of replacing doors, windows, locks or other items to secure the victim's home or other place of residence;

"(K) The reasonable cost of a rental car for the period of time that an automobile is being held by the police as evidence or to collect evidence;

"(L) Reasonable moving expenses where necessary for health or safety; and

"(M) Reasonable transportation expenses incurred by the victim or secondary victim to participate in court proceedings, to participate in the investigation or prosecution of the case, or to obtain the services described in paragraphs 7(A), (F), or (G) or paragraph (9) of this subsection, or to obtain any other services required as a direct result of the crime.";

(d) By inserting a new paragraph (7-1) to read as follows:

"(7-1) Economic loss does not mean:

"(A) pain and suffering;

"(B) the value of any property damaged or taken during the crime; or

"(C) any services not described in paragraph (7)."

(e) By amending paragraph (13) as follows:

(1) By striking the phrase "natural born" and inserting the word "biological" in its place in subparagraph (A);

(2) By striking the word "or" after the semicolon in subparagraph (C); and

(3) By inserting new subparagraphs (E) and (F) to read as follows:

"(E) Person with close ties to the victim; or

"(F) Person who witnessed the crime."; and

(f) By adding a new paragraph at the end to read as follows:

"(15) "Victims assistance grants agency" means the District of Columbia agency that is responsible for the administration of federal funds received for crime victims assistance under the Victims of Crime Act.

Sec. 203. Section 7(c) of the Victims of Violent Crime Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code з3-426 et seq.) is amended as follows:

(a) By striking the phrase "or domestic abuse" and inserting the phrase ", domestic violence, or cruelty to children" after the word "conduct" in the matter preceding paragraph (1);

(b) By striking the word "abuse" and inserting the word "violence" in paragraph

(d) By striking the period at the end of paragraph (2) and inserting ", and"; and

(e) By adding a new paragraph (3) to read as follows:

"(3) In the case of the victim of cruelty to children, satisfy the reporting requirement by the filing of a neglect petition by the District of Columbia in the Superior Court."

Sec. 204. Section 8 of the Victims of Violent Crime Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code з3-427 et seq.) is amended as follows:

(a) By inserting the phrase "per victimization" before the period in subsection (b); and

(b) By adding a new subsection (g) to read as follows:

"(g) Eligibility for public benefits shall not be affected by the receipt of crime victims compensation funds."

Sec. 205. Section 16(b)-(f) of the Victims of Violent Crime Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code з3-435(b)-(f)) is amended to read as follows:

"(b) Monies in the Compensation Fund shall consist of all funds transferred from the Department of Human Services on April 9, 1997, any appropriations to the Compensation Fund under з 19 (D.C. Code з 3-438), assessments imposed under з17 (D.C. Code з3-436), monies recovered through subrogation or repayment under зз 10, 11, and 14 (D.C. Code зз3-429, 3-430, and 3-433), costs assessed under the Victims of Violent Crime Compensation Act of 1981 that are collected after April 9, 1997, any other fines, fees, penalties, forfeitures, or assessments that the District of Columbia Courts receive, and monies received from the federal government or other public or private sources for the purpose of the Fund.

"(c) Any unobligated balance in excess of 10% of the current year's pay out or $250,000 whichever is greater existing in the Fund at the end of each fiscal year (beginning with fiscal year 2000) shall be transferred to the victims assistance grants agency not later than 30 days after the end of the fiscal year for the purpose of victims assistance.

"(d) The Superior Court of the District of Columbia shall arrange for an annual independent audit of the Fund. The audit shall include the number of claims satisfied in each fiscal year and the respective amounts awarded; the number and status of all pending claims; the unexpended balance in the Fund to be transferred to the victims assistance grants agency pursuant to subsection (c); and the number of personnel positions and amount of personnel funding and other administrative costs of the Crime Victims Compensation Program.

"(e) All compensation and attorneys' fees awarded under this chapter and administrative costs necessary to carry out this chapter shall be paid from, and subject to, the availability of monies in the Fund. All amounts which are required to be transferred to the victims assistance grants agency for the purpose of victims assistance pursuant to subsection (c) shall be paid from monies in the Fund.".

Sec. 206. The Victims of Violent Crime Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code з3-421 et seq.) is amended by adding at the end the following new section:

"Section 20. Crime Victims Assistance

"(a) The victims assistance grants agency shall have the authority to utilize the funds transferred pursuant to section 16(c) to award grants and contracts to private nonprofit organizations and to transfer funds to government entities which provide assistance to crime victims.

"(b) The Auditor of the District of Columbia shall perform an annual audit of the use of the funds under this section. The audit shall include the number of grants, contracts and transfers in each fiscal year and the respective amounts awarded or transferred; the number of crime victims assisted through each grant, contract or transfer and the kinds of assistance rendered; and the number of personnel positions and amount of personnel funding and other administrative costs involved in carrying out this section.".

Sec. 207. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code з 1-233(c)(3)).

TITLE III. EARLY OUT RETIREMENT INCENTIVE

Sec. 301. Short title.

This title may be cited as the "Early Out Retirement Incentive Act of 2000".

Sec. 302. 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 2139; D.C. Code з 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 з 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:

(1) The Mayor is authorized to establish an early out retirement incentive program ("Early Out Program") which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel chooses to participate in the Early Out Program.

(2) The Early Out Program shall be limited to employees retiring under the voluntary early out provisions of 5 U.S.C. з8336(d)(2).

(3) The Early Out Program shall offer a retirement incentive of 50% of an employees annual rate of basic pay from the employee's salary or pay schedule which was in effect on October 1, 2000, not to exceed $30,000, to be paid within 1 year of the employee's retirement.

(4) Retirement incentive payments shall be prorated in the case of a part-time employee.

(5) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

(6) No incentive payments shall be paid to:

(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. з8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. з8336(d)(1), or the disability retirement provisions of 5 U.S.C. з8337;

(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. з8344;

(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

(E) An employee who, for charges related to his or her employment duties, is under indictment for a felony, who has been convicted of a felony, or who plead guilty to a felony or who has been convicted after a plea of nolo contendere to a felony; or

(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor.

(7) [number does not exist]

(8) For the purposes of paragraph (7)(E) of this subsection, the term "felony" means a crime for which the penalty is at least imprisonment for 1 year or a fine of at least $1,000.

(9) An employee who receives an incentive payment under the Early Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.

Sec. 303. Fiscal impact statement.

TITLE IV. EASY OUT RETIREMENT INCENTIVE

Sec. 401. Short title.

This title may be cited as the "Early Out Retirement Incentive Act of 2000".

Sec. 402. 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 з1-612.6), 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 з1-612.4), that authorize the Mayor to establish a retirement incentive program for certain District employees.

(b) The changes to the compensation system are as follows:

(1) The Mayor is authorized to establish an easy out retirement incentive program ("Easy Out Program") which shall apply to eligible employees under the personnel authority of the Mayor, and employees of any other personnel authority that is under the pay authority of the Mayor if the personnel chooses to participate in the Easy Out Program.

(2) The Easy Out Program shall be limited to employees retiring under the optional retirement provisions of 5 U.S.C. з8336(a), (b), or (f).

(3) The Easy Out Program shall offer a retirement incentive of 50% of an employees annual rate of basic pay from the employee's salary or pay schedule which was in effect on October 1, 2000, not to exceed $30,000, to be paid within 1 year of the employee's retirement.

(4) Retirement incentive payments shall be prorated in the case of a part-time employee.

(5) Retirement incentive payments shall not be considered basic pay for computing retirement entitlement, insurance entitlement, any category of premium pay entitlement, lump-sum leave, or any other entitlement that is computed on basic pay.

(6) No incentive payments shall be paid to:

(A) An employee retiring under the law enforcement or firefighter provisions of 5 U.S.C. з8336(c), the discontinued service/involuntary retirement provisions of 5 U.S.C. з 8336(d)(1), or the disability retirement provisions of 5 U.S.C. з8337;

(B) An employee who is a reemployed annuitant under the provisions of 5 U.S.C. з8344;

(C) An employee who is in a critical position as defined by regulations promulgated by the Mayor;

(D) An employee who is a sworn member of the Metropolitan Police Department or the Fire and Emergency Medical Services Department;

(E) An employee who, for charges related to his or her employment duties, is under indictment for a felony, who has been convicted of a felony, or who plead guilty to a felony or who has been convicted after a plea of nolo contendere to a felony; or

(F) An employee who, based on conduct related to his or her employment duties, has been convicted of a misdemeanor or who has plead guilty or has been convicted after a plea of nolo contendere to a misdemeanor.

(7) [number does not exist]

(8) For the purposes of paragraph (7)(E) of this subsection, the term "felony" means a crime for which the penalty is at least imprisonment for 1 year or a fine of at least $1,000.

(9) An employee who receives an incentive payment under the Easy Out Program shall not be eligible for reemployment with the District government for 5 years from the date of retirement, or hired or retained as a sole source consultant or personal services contractor for 5 years from the date of retirement.

Sec. 403. Fiscal impact statement.

TITLE V. EXPENDITURE CRITERIA FOR THE $150 MILLION RESERVE FUND

Sec. 501. Short title.

This title may be cited as the "Expenditure Criteria for the $150 Million Reserve Fund Act of 2000".

Sec. 502. (a) Pursuant to section 2020) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 19, 1995 (Pub. L. 104-8; D.C. Code з 47-392.2), 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. 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:

(1) To ensure budget balance in case of a shortfall in revenue;

(2) To expenditures that are identified in subsection (d) of this section;

(3) To expenditures that reduce the District's long-term debt; and

(4) To other expenditures that meet the criteria set forth in subsection (b) of this section.

(d) The following expenditures shall be funded from the Reserve in Fiscal Year 2001:

(1) $2,000,000 to the Department of Public Works for neighborhood cleaning;

(2) $4,500,000 to the Department of Employment Services for Year Round Jobs for Youth;

(3) $640,000 to the Fire and Emergency Medical Services Department for dress uniforms and protective clothing;

(4) $1,300,000 to the Metropolitan Police Department for uniforms;

(5) $1,000,000 to the Commission on the Arts and Culture for infrastructure stabilization;

(6) $500,000 to the Humanities Council at the District of Columbia Public Libraries;

(7) $5,000,000 to the University of the District of Columbia for the endowment;

(8) $25,000,000 to Child and Family Services;

(9) $1,000,000 to the Department of Health for storm water activities;

(10) $3,500,000 to the Mental Retardation and Developmental Disabilities Administration at the Department of Health;

(11) $1,000,000 to the Board of Elections and Ethics for a new ballot and tabulation system;

(12) $200,000 to the Council of the District of Columbia for equipment;

(13) $1,000,000 to the Office of the Chief Technology Officer for contractual support;

(14) $2,000,000 to the Office of the City Administrator for Operational Improvements Division support;

(15) $400,000 to the Office of the City Administrator for Nonpersonal services funding support;

(16) $250,000 to the Executive Office of the Mayor for customer service initiatives;

(17) $35,000,000 to Public Charter Schools for additional funding for additional projection enrollment;

(18) $10,000,000 to the Department of Corrections for the Correctional Treatment Facility;

(19) $2,500,000 to the Policeman and Fireman's Retirement Fund for pension settlements;

(20) $3,000,000 to the Commission on Mental Health Services for antipsychotic drugs;

(21) $5,000,000 for pay for performance initiatives;

(22) $1,500,000 to the Office of Latino Affairs for the Latin American Youth Center and for support; and

(23) $1,000,000 to the Criminal Justice Coordinating Committee.

Sec. 503. 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 VI. TREE MAINTENANCE

Sec. 601. Short title.

This title may be cited as the "Tree Maintenance Reorganization Act of 2000".

Sec. 602(a). Effective October 1, 2000, jurisdiction over all public trees, maintained by the Department of Public Works ("DPW") before October 1, 2000, shall be transferred to and become the responsibility of the Department of Parks and Recreation. For purposes of this act, the phrase "all public trees" ("trees") includes all trees in medians, tree boxes, park triangles within rights-of-way, and other similar locations.

(b) The Department of Parks and Recreation ("DPR") shall retain its responsibility for the management of trees on District-controlled parklands. DPR shall also assume the new responsibility of managing the maintenance of tree boxes, stump removal, tree trimming, tree planting and tree removals on streets and right-of-ways. This responsibility shall also include managing trees and the landscaping of medians and park triangles within rights-of-way. Landscaping and improvements of all gateways to the District of Columbia shall be under the management of DPR.

(c) DPR and DPW shall collaborate on DPW projects that may impact tree maintenance and growth in the District, including roadway improvements.

(d) DPW and DPR shall develop a common tree management database and in doing so develop arrangements to share tree inventory and scientific information on best management practices in urban tree management.

(e) The collection of leaves shall remain the sole responsibility of DPW, excluding the collection of leaves on parklands which shall remain the responsibility of DPR.

(f) DPW shall be the transportation agency for the District under the requirements of Federal Highway Administration (FHWA) of the Department of Transportation. In view of this wide-ranging responsibility, DPW shall transfer to DPR federally assigned funds for management of tree boxes and landscaping situated on federal aid streets, highways, interstates, and major arteries under the FHWA federal aid designation. This responsibility shall include, among other duties, performing maintenance of tree boxes, stump removal, tree trimming, tree planting, and tree removals.

(g) Funds, equipment, supplies and existing continuing full time employees and positions authorized for the Tree Division of the Department of Public Works and allocated for the maintenance, landscaping, beautifying, promotion, and regulation of trees shall be transferred to the Department of Parks and Recreation's newly created Natural Resources Management Administration.

Sec. 603. Fiscal impact statement.

TITLE VII. DISTRICT OF COLUMBIA BOARD OF EDUCATION PROCUREMENT REFORM

Sec. 701. Short title.

This title may be cited as the "District of Columbia Board of Education Procurement Reform Act of 2000".

Sec. 702. Section 320 of the Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code з1-1183.20) is amended by adding new subsection (o) to read as follows:

"(o)(1) Nothing in this act shall affect the authority of the District of Columbia Board of Education pursuant to:

"(1) Section 14 of An Act to fix and regulate the salaries of teachers, school officers, and other employees of the Board of Education of the District of Columbia, approved June 20, 1906 (34 Stat. 321; D.C. Code з31-120);

"(2) Section 4 of An Act To provide book and educational supplies free of charge to pupils of the public schools of the District of Columbia, approved January 31, 1930 (46 Stat. 62; D.C. Code з31-704);

"(3) Section 1 of An Act To establish a Department of Food Services in the public schools of the District of Columbia, and for other purposes, approved October 8, 1951 (65 Stat. 367; D.C. Code з31-801); and

"(4) Section 405(b) of An Act To reorganize public postsecondary education in the District of Columbia, establish a Board of Trustees, authorize and direct the Board of Trustees, to consolidate the existing local institutions of public postsecondary education into a single Land-Grant University of the District of Columbia, direct the Board of Trustees to administer the University of the District of Columbia, and for other purposes, approved October 26, 1974 (88 Stat. 1424; D.C. Code з31-1535(b)).".

Sec. 703. Section 14 of An Act to fix and regulate the salaries of teachers, school officers, and other employees of the Board of Education of the District of Columbia, approved June 20, 1906 (34 Stat. 321; D.C. Code з31-120), is amended by striking the last sentence.

Sec. 704. Section 4 of An Act To provide book and educational supplies free of charge to pupils of the public schools of the District of Columbia, approved January 31, 1930 (46 Stat. 62; D.C. Code з31-704), is amended by striking the phrase, ", through the Office of Contracting and Procurement,".

Sec. 705. Section 1 of An Act To establish a Department of Food Services in the public schools of the District of Columbia, and for other purposes, approved October 8, 1951 (65 Stat. 367; D.C. Code з31-801), is amended by striking the last sentence.

Sec. 706. Subsection (b) of section 405 of An Act To reorganize public postsecondary education in the District of Columbia, establish a Board of Trustees, authorize and direct the Board of Trustees, to consolidate the existing local institutions of public postsecondary education into a single Land-Grant University of the District of Columbia, direct the Board of Trustees to administer the University of the District of Columbia, and for other purposes, approved October 26, 1974 (88 Stat. 1424; D.C. Code з31-1535(b)), is amended to read as follows:

"(b) The Board of Education may enter into negotiations and binding contracts pursuant to regulations adopted by the Board. These regulations shall be adopted by the Board in accordance with section 8 of the District of Columbia Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1206; D.C. Code з1-1506(a)). The authority provided in this subsection shall extent to contracts for capital construction projects authorized or begun in fiscal year 2001 or any succeeding fiscal year.".

Sec. 707. Fiscal impact statement.

This act shall have no fiscal impact.

TITLE VIII. METROPOLITAN POLICE REVENUES TECHNICAL AMENDMENTS

Sec. 801. Short title.

This title may be cited as the "This title may be cited as the "Metropolitan Police Revenues Technical Amendments Act of 2000".

Sec. 802. Proceeds from Sales of Decommissioned Police Vehicles.

Effective immediately, and not withstanding any other provision of law, police vehicles purchased for the Metropolitan Police Department (MPD) which have been declared excess, either through age or mechanical faults, shall be auctioned, or otherwise disposed of by MPD. Revenue generated by auction or other means of disposal will be returned to MPD as Other Revenue, to be.used expressly for the purchase of replacement vehicles, including motorcycles.

Sec. 803. Fiscal Impact Statement.

Enactment of this title will have no appreciable negative fiscal impact, because the MPD has had access to vehicle auction proceeds in both fiscal years 1998 and 1999.

Sec. 804. Applicability.

This title shall apply as of October 1, 2000.

TITLE IX. VECTOR CONTROL

Sec. 901. Short Title.

This title may be cited as the "Omnibus Vector Control Act of 2000".

Sec. 902. Establishment of Bureau of Community Hygiene.

There is hereby established in the Executive Branch of the government of the District of Columbia ("District"), under the supervision of the Department of Health, a Bureau of Community Hygiene ("BCH").

Sec. 903. Rodent control enterprise fund.

(a) The District of Columbia Rodent Control Enterprise Fund ("Fund") is hereby established as a non-lapsing, revolving fund, to be administered by the Mayor and used to support the District's regulatory program for rodent control.

(b) The Fund shall be financed through fines, civil penalties, costs and judgments recovered, and monies received as reimbursement pursuant to the provisions of sections 902, 903 and 912.

(c) The Fund shall be accounted for under procedures established pursuant to subchapter V of Chapter 3 of Title 47, and any other applicable law.

(d) Disbursements from the Fund may be made to undertake corrective action including cleanup, abatement, and preventive measures. A disbursement may be made if the action is necessary to protect human health, and 1 or more of the following exist:

(1) The action is required to protect public space;

(2) No person can be found within 30 days or a shorter period, as may be necessary to protect human health, who is:

(A) An owner;

(B) Subject to corrective action rules pursuant to sections 909 through 911; and

(C) Capable of proper implementation of the required action;

(3) A situation exists that requires immediate action by the Mayor to protect human health; or

(4) The responsible party has failed or refused to comply with a Mayoral Order for compliance.

(e) Disbursements from the Fund may be provided for administrative and operational costs incurred by the Mayor in the implementation of the provisions of the rodent control regulatory program.

(f) If the District incurs costs for undertaking any corrective or enforcement action to abate rodent infestation, rodent harborage, or rodent food sources, the responsible parties shall be jointly and severally liable to the District government for the costs. In addition to any other enforcement action, the Mayor may assess any reasonable costs for correcting the condition and any related expenses as a tax against the property, carry the tax on the regular tax rolls, and collect the tax in the same manner as real estate taxes are collected.

(g) Nothing in this section may be construed to make the District government responsible for corrective action costs to any person in excess of the monies in the Fund.

Sec. 904. The Litter Control Administration Act of 1985, as amended, approved March 25, 1986 (33 DCR 781; D.C. Code з6-2902(a)(1)), is amended as follows:

(a) Section 3(a)(1) is amended as follows:

(1) By striking the phrase ",through the Department of Public Works," and

(2) By striking the last sentence and inserting the sentence "Contested cases arising from violations of the regulations listed in this section shall be adjudicated in accordance with the system provided in зз 5,6 and 9." in its place.

(b) Section 8(f) is amended to read as follows:

"(1) The District shall levy a special assessment against any land and the improvements on the land to which any unpaid fines or penalties have been imposed pursuant to this chapter. Any special assessment levied pursuant to this chapter shall be filed at the Office of the Recorder of Deeds.

"(2) The special assessment may be collected at the same time and in the same manner as ordinary District real property taxes are collected under D.C. Code з 47811(b). In addition, the special assessment shall be subject to the same penalties and interest as provided in з47-811(c) and the same procedure and sale in case of delinquency as provided in з47-1301 et seq. The special assessment shall be subordinate to all existing special assessments previously imposed on the same land and paramount to all liens except liens for District taxes and District water and sewer charges. The special assessment shall continue until the special assessment and all interest due and payable thereon has been paid."

Sec. 905. Section 8-6:629 of the District of Columbia Health Regulations, effective September 12, 1959 (C.O. 59-1347; 23 DCMR з3023.1), is amended by designating the existing text as subsection (a) and adding a new subsection (b) to read as follows:

"(b) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this part pursuant to Titles I-III of the Department of Consumer and Regulatory Affairs Civil Infraction Act of 1985. Adjudication of any infraction of this part shall be pursuant to Titles I-III of the Department of Consumer and Regulatory Affairs Civil Infraction Act of 1985."

Sec. 906. Section 8-3:612(b) of the District of Columbia Solid Waste Regulations, as amended, enacted June 29, 1971 (Reg. 71-21; 21 DCMR sec. 700.11), is amended by striking the phrase "sections 704.3 through 704.5 and 711" in each sentence and inserting the phrase "this part" in its place.

Sec. 907. Title 16 of the District of Columbia Municipal Regulations (Consumers, Commercial Practices & Civil Infractions) (July 1998) is amended as follows:

(a) Section 3216 is amended by designating the existing subsections 3216.1 through 3216.7 as subsections 3216.2 through 3216.8.

(b) Section 3216 is amended by adding a new subsection 3216.1 to read as follows:

"3216.1. Violation of any of the following provisions shall be a Class 1 infraction:

(a) 21 DCMR з700.3 (failure to properly containerize solid wastes);

(b) 21 DCMR з705.3 (permitting spillage of waste at collection point);

(c) 21 DCMR з707.3 (failure to provide sufficient storage between collections);

(d) 22 DCMR з 107.1 (failure to comply with order to rodent-proof or abate for rats);

(e) 23 DCMR з2606.1 (failure to provide adequate facilities for waste storage);

(f) 23 DCMR з2606.2 (failure to use vermin-proof trash and storage areas);

(g) 23 DCMR з2606.3 (failure to keep trash in tightly covered containers);

(h) 23 DCMR з2606.4 (failure to comply with waste handling requirements);

(i) 23 DCMR з3012.1 (failure to keep premises free from rats and vermin); and

(j) 23 DCMR з3012.2 (failure to report vermin infestation)."

Sec. 908. Title 21 section 708 of the District of Columbia Municipal Regulations (Water and Sanitation) (February 1998) is amended to read as follows:

"708. CONTAINERS FOR RESIDENTIAL MUNICIPAL REFUSE COLLECTION

708.1. In addition to the applicable provisions of this chapter, all containers used by residents for municipal refuse collection shall conform to the requirements of this section.

708.2. The Division of Solid Waste of the Department of Public Works shall properly inform the residents of the District where their authorized point of collection is. If the collection is from an alley, the point of collection shall be on the portion of private property immediately adjacent to public space, except that when Supercans are collected from the alley, the point of collection shall be on the portion of the public space immediately adjacent to the private property line. If collection is not from an alley, the point of collection shall be on the public space immediately adjacent to the premises.

708.3. Environmental technicians shall report all instances of solid waste placed at inappropriate collection points or placed in containers other than the type prescribed in this section.

708.4. Each container shall be constructed of heavy weight plastic or heavy gauge galvanized metal.

708.5. Each container shall be watertight, equipped with handles and a tight-fitting cover attached to the container, and free of holes or cracks larger than one-half inch (1/2 in.).

708.6. Each container shall be constructed for easy removal of the contents.

708.7. Containers used in areas of the District with twice weekly collections shall have a capacity of not less than twenty (20) gallons and not more than thirty-two (32) gallons, and shall not exceed sixty pounds (60 lbs.) in weight when filled.

708.8. Containers used in areas of the District with once weekly collections shall have a capacity of ninety-six (96) gallons, and shall not exceed two-hundred and fifty pounds (250 lbs.) in weight when filled.

708.9. When stored in the open, all containers shall be kept securely closed except when being filled.

708.10. Plastic bags intended for use as container liners are prohibited for use alone for storing solid waste refuse, except that plastic bags of at least nine (9) mil. thickness with a capacity of no more than thirty-two (32) gallons and securely tied may be used as containers for yard rubbish, provided that bags used for this purpose are marked as yard rubbish and set out for collection on the days) designated for yard rubbish collection.

708.11. Containers permitted for use at authorized collection points shall meet the following criteria:

(a) Supercans owned and issued by, and registered to, the District pursuant to the specifications in subsection 708.8;

(b) Mini-supercans owned and issued by, and registered to, the District pursuant to the specifications in subsection 708.7; or

(c) Heavy duty plastic or metal containers, pursuant to the specifications in subsections 708.4 to 708.7."

Sec. 909. Definitions.

For the purposes of this act, the term:

(1) "Abate" means removing rodent infestations by eliminating or rodent-proofing rodent food sources, eliminating rodent nesting areas, rodent-proofing building entry ways, and poisoning or trapping existing rodent populations.

(2) "Debris" or "debris pile" includes any of the following that provide rat harborage:

(A) Construction or demolition waste that is not stored in a rat-proof container and not removed after 14 days or longer;

(B) Yard waste and branches that are not bundled and set out for waste collection, but not yard waste placed in a properly maintained compost pile; and

(C) Fire wood that is stored next to a building or left in loose piles on the ground, but not fire wood that is stored away from buildings and at least 18 inches above the ground or in a rodent-proof building.

(3) "Grease" means used cooking oil, vegetable oil, shortening, margarine or any other used fat or oil used for cooking, frying or baking intended for recycling or disposal.

(4) "Harbor" or "harborage" means rodent infestation or providing food or nesting areas for rodents, which may be identified by the presence of burrows, droppings, tracks, runways, gnawings, urine stains, odor, live or dead rodents, nests, and rodent gnawed food.

(5) "Hardware cloth" means galvanized metal cloth or netting with small diameter holes used to prevent rodents from entering buildings.

(6) "Rodent-proof' or "rodent-proofing" includes:

(A) Heavy duty plastic or metal containers with tightly-fitting lids fastened to the container; and

(B) Using hardware cloth to seal building openings.

(7) "Sewer" means the pipe system used to transport either storm water runoff or household and commercial sanitary soils.

Sec. 910. Rodent harborage prohibited.

(a) It shall be unlawful for any person to cause or permit the accumulation of debris on public or private property or cause or permit weeds or grass to grow to a height of 8 inches or more.

(b) Upon the transfer or change in occupancy of any real property, the owner of the property shall inspect the property for signs of rodent harborage. If signs of past rodent harborage are found, all rodent entryways shall be sealed with hardware cloth or another appropriate material to prevent re-infestation. If an active infestation is found, all rodent entryways shall be sealed with hardware cloth or other appropriate material, and the infestation shall be abated.

(c) Any person violating subsections (a) and (b) shall abate the condition causing rodent harborage within 14 days. Any abatement of existing rodent populations shall be performed by a licensed and certified pest controller. Any person who fails to abate the condition causing rodent harborage shall be liable to arrest and upon conviction shall be deemed guilty of a misdemeanor and shall be subject to a fine for each offense not to exceed $10,000, or shall be imprisoned for a period not to exceed 90 days, or both, in the discretion of the court.

(d) Civil fines, penalties and fees may be imposed as alternative sanctions for any infraction of this title, or any rules or regulations issued under the authority of this title, pursuant to titles I-III of the Civil Infractions Act. Adjudication of any infractions shall be pursuant to titles I-III of the Civil Infractions Act.

Sec. 911. Food source control.

(a) Grease held for recycling or disposal shall be stored in a tightly-sealed metal drum with a capacity of not more than 55 gallons. The grease container and the area where the grease is stored shall be free of spilled grease. The grease container shall be stored not less than 4 feet from any other vertical object such as a wall, shelving, or wood fuel stacks.

(b) Commercial trash compactors shall be free of spilled waste at all times and shall be kept closed when not compacting waste.

(c) Commercial waste containers shall be constructed of heavy gauge metal with tightly-fitting lids constructed of either heavy gauge plastic or metal. Waste container lids shall be kept closed at all times other than when the container is being filled or emptied. Waste container lids shall be free of large gaps, cracks or holes. The area where the waste container is stored shall be kept free of spilled waste at all times. If the waste container is equipped with a drain plug, the plug shall be constructed of heavy duty plastic or metal and shall be kept in the drain hole until the filled container is transported to its ultimate destination for emptying and disposal of its contents.

(d) Pet food and bird seed kept outside shall be stored in a rat-proof container. Pet food and bird seed shall not be left to accumulate or remain on the ground after birds and pets have been fed.

Sec. 912. Fiscal impact statement.

TITLE X. CITYWIDE CALL CENTER ESTABLISHMENT

Sec. 1001. Short Title.

This title may be cited as the "Citywide Call Center Establishment Act of 2000".

Sec. 1002. Establishment of the Citywide Call Center.

There is hereby established, in the Executive Branch of the government of the District of Columbia, a Citywide Call Center, under the supervision of a Director, who shall carry out the functions and authorities assigned to the Center.

Sec. 1003. Mission.

The mission of the Citywide Call Center shall be to serve as the District of Columbia's primary point of entry for citizens and customers attempting to access nonemergency services, solicit information, or register a complaint or comment about an agency. The calls to the Citywide Call Center shall be tracked, monitored, and reported to all necessary agencies. The information collected from the calls shall be utilized in determining where additional services are required, where specific services need improvement, and which current services are effective.

Sec. 1004. Fiscal Impact Statement.

TITLE XI. ATTORNEY RETENTION ALLOWANCE

Sec. 1101. Short title.

That this act may be cited as the "Attorney Retention Allowance Act of 2000".

Sec. 1102. Section 858 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code з1609.58), as added by section 2(j) of the Legal Service Establishment Amendment Act of 1998, effective April 20, 1999 (D.C. Law 12-260), is amended by adding a new subsection (c) to read as follows:

"(c) Notwithstanding subsections (a) and (b) of this section, effective January of each year, the Mayor may adjust the Attorney Retention Allowance that the Council of the District of Columbia approved in the Attorney Retention Compensation System Change for Attorneys in the Office of the Corporation Counsel Emergency Approval Resolution of 1998, effective December 15, 1998 (PR 12-859; 45 DCR 213), and in the Attorney Retention Compensation Change for Legal Service Attorneys Approval Resolution of 1999, effective December 7, 1999 (PR 13-375; 45 DCR 10141). Subject to the availability of appropriations, the Mayor may make this adjustment without obtaining the prior approval of the Council, but shall report the adjustment to the Council within 30 days. If it is made, this adjustment shall:

"(1) Increase the Attorney Retention Allowance so that the performance-based payment of the Attorney Retention Allowance at the highest permitted percentage to attorneys at each of the grades DS-9 through DS-15 allows such attorneys to receive a total payment that is as close as possible to the payment of attorneys established for grades GS-11 through GS-15 under the federal government's General Schedule then in effect for the Washington, D.C., area.

"(2) Increase the Attorney Retention Allowance so that the performance-based payment of the Attorney Retention Allowance at the highest permitted percentage to attorneys at each of the grades DS-16 and DS-17 allows such attorneys to receive a total payment that is as close as possible to the payment of attorneys established for comparable grades under the federal government's Senior Executive Service Salary Table then in effect for the Washington, D.C., area.".

Sec. 1103. Fiscal impact statement.

TITLE XII. RENTAL HOUSING ACT EXTENSION

Sec. 1201. Short title.

That this act may be cited as the "Rental Housing Act Extension Amendment Act of 2000".

Sec. 1202. Section 907 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Code з45-2501 et seq.), is amended to read as follows:

"All titles of this act, except title III and V, shall terminate on December 31, 2004.".

Sec. 1203. Fiscal impact statement.

TITLE XIII. PARAMEDIC AND EMERGENCY MEDICAL TECHNICIAN LATERAL TRANSFER

Sec. 1301. Short title.

That this act may be cited as the "Paramedic and Emergency Medical Technician Lateral Transfer to Firefighting Amendment Act of 2000".

Sec. 1302. Notwithstanding any other law or regulation, the Mayor is authorized to provide for the transfer of D.C. Fire and Emergency Medical Services emergency medical technicians and paramedics to be uniformed firefighters.

(a) Transfer shall be to the firefighter step and class with a rate of pay closest to, but no lower than, the rate of pay earned by the employee prior to reassignment.

(b) Transferred employees may elect to participate in the Police Officers, Firefighters and Teachers Retirement Benefit Replacement Plan Act of 1998.

(c) Transfer is conditioned on the transferred employee meeting established medical standards, undergoing a background check, and successfully completing a physical abilities test and the firefighting training program.

Sec. 1303. Subsection (c) of the Police and Firemen's Retirement of the Police and Fireman's Retirement and Disability Act, approved August 21, 1957 ( 71 Stat. 391; D.C. Code з 4-610), is amended by adding paragraph (9) to read as follows:

"(9)(1) Any member who is an officer or member of the D.C. Fire and Emergency Medical Services Department who was transferred pursuant to the Paramedic and Emergency Medical Technician Lateral Transfer to Firefighting Amendment Act of 2000, and who elects to be covered by the Police Officers, Firefighters, and Teachers Retirement Benefit Replacement Plan Act of 1998, effective September 18, 1998 (D.C. Law 12-152; D.C. Code з1-781.1 et seq.) shall receive credit for prior years of service within the Department as a paramedic or emergency medical technician as provided in subparagraphs 2 and 3 below.

"(2) Solely for the purposes of determining vesting and retirement eligibility, members shall receive credit for prior service as a paramedic or emergency medical technician with the Department.

"(3) Members shall be eligible to purchase benefit accrual service for some or all of the time there were employed as paramedic or emergency medical technicians with the Department. The member shall deposit to the credit of the Police Officers' and Firefighters' Retirement Fund an amount that is equal to the dollar increase in the present value of future benefits which results from crediting the prior service. The present value of future benefits shall be calculated on the actuarial assumptions and methods used to calculate the present value of future benefits from section 1-784.3(a)(3)(B) of the District of Columbia Code for the applicable fiscal year. Upon separation from District employment for reasons other than retirement, any firefighter who purchased prior service credit shall receive that purchase amount along with any interest credited the amount. Any firefighter who withdraws the purchase amount and is later reinstated shall not be entitled to this prior service credit until the purchase amount plus interest is again deposited.".

Sec. 1304. Section 401 of the District of Columbia Police and Firemen's Salary Act of 1958, approved August 1, 1958 (72 Stat. 48; D.C. Code з4-406 et seq.) is amended by adding a new subsection (d) to read as follows:

"(d) Notwithstanding any other law or regulations, for employees transferred pursuant to the Paramedic and Emergency Medical Technician Lateral Transfer to Firefighting Amendment Act of 2000, prior service with the D.C. Fire and Emergency Medical Services Department as an emergency medical technician or paramedic shall constitute years of continuous service to the District of Columbia for purposes of this section.".

Sec. 1305. This act shall apply to all persons employed as paramedics or emergency medical technicians on the effective date of the Paramedic and Emergency Medical Technician Lateral Transfer to Firefighting Amendment Act of 2000.

Sec. 1306. Fiscal impact statement.

TITLE XIV. EFFECTIVE DATE

Sec. 1401. 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 з47-392.3(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. 813; D.C. Code з1-233(c)(1)), and publication in the District of Columbia Register.

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Fiscal Year 2001 Budget Support Act of 2000 Bill 13-679