SUBJECT: Bill , the Fiscal Year 2013 Budget Support Act of 2012

Transcription

1 COUNCIL OF THE DISTRICT OF COLUMBIA COMMITTEE OF THE WHOLE 150 Pennsylvania Avenue, NW, Washington, DC 0004 DRAFT COMMITTEE REPORT TO: FROM: All Councilmembers Kwame R. Brown, Chairman DATE: May 15, 01 SUBJECT: Bill 19-74, the Fiscal Year 01 Budget Support Act of 01 The Committee of the Whole, to which Bill 19-74, the Fiscal Year 01 Budget Support Act of 01 was referred, reports favorably on the proposed bill and recommends its approval by the Council of the District of Columbia. CONTENTS Purpose and Effect Page Legislative History Page Impact on Existing Law Page Committee Reasoning & Section-by-Section Analysis Page Impact on Existing Law Page 11 Fiscal Impact Page 11 Committee Action Page 11 Attachments Page 11 1

2 PURPOSE AND EFFECT The purpose of Bill 19-74, the Fiscal Year 01 Budget Support Act of 01, is to enact various provisions of law that support the implementation of a balanced Fiscal Year 01 budget and financial plan. The Budget Support Act accompanies the Budget Request Act. LEGISLATIVE HISTORY March, 01 March 0, 01 Bill is introduced by Chairman Brown, at request of the Mayor, and referred to the Committee of the Whole. Committees are assigned comments. Notice of intent to act on Bill is published in the D.C. Register. April 0, 01 Public hearing on B19-74 May 15, 01 Consideration and mark-up of Bill by the Committee of the Whole. COMMITTEE REASONING & SECTION-BY-SECTION ANALYSIS Further Committee reasoning and analysis is included in the Committee reports attached to Bill 19-74, the Fiscal Year 01 Budget Request of 01. TITLE I. GOVERNMENT DIRECTION AND SUPPORT Subtitle A. Bonus and Special Pay Limitation: prohibits the District from awarding most bonuses, special awards pay, and service awards in FY 01. Subtitle B. Health Benefit Plan District Contribution Amendment: increases the District s contribution to its employees health benefits from 7% to 75%. Subtitle C. Department of General Services Facilities Services Request Fund Establishment: establishes a lapsing special purpose revenue fund under the Department of General Services to receive revenues from non-government tenants at District-owned buildings and fund facility-related services. Subtitle D. Public Sector Workers Compensation Return to Work Clarification: provides additional information to the District regarding employees receiving benefits under the disability compensation program. Subtitle E. Delinquent Debt Recovery: establishes a centralized program for the collection of delinquent debts owed to the District.

3 Subtitle F. District of Columbia Retirement Board Actuarial Method: requires the Board s enrolled actuary to use the entry age normal method, instead of the aggregate method, to determine the contribution requirements for the funds managed by the Board. Subtitle G. Financial Disclosure and Ethics Reform Clarification: clarifies the division of authority for the enforcement of a number of the District s ethics laws. Subtitle H. Home Rule Act 40th Anniversary: establishes a commission and a nonlapsing fund to coordinate, plan, and promote events related to the 40 th anniversary of the Home Rule Act; the subtitle sunsets October 1, 014. Subtitle I. Comprehensive Merit Personnel Amendments: allows District employees to carry over up to 0 days of annual leave from year to year and exempts Council employees from the requirement that Excepted Services employees undergo a criminal background check. Subtitle J. Anti-Deficiency Act Amendments: aligns the emergency spending provisions of the local Anti-Deficiency Act with those of the federal Anti-Deficiency Act. Subtitle K. Statutes at Large: transfers the duty to publish District Statutes-at-Large from the Secretary of the District to the Council. TITLE II. ECONOMIC DEVELOPMENT AND REGULATION Subtitle A. Unemployment Compensation Additional Benefits Trust Fund Stabilization: eliminates the District s Additional Benefits (i.e., unemployment compensation extension) program. Subtitle B. Unemployment Compensation Claim Processing Efficiency Amendment Act: authorizes the Department of Employment Services to use electronic means to communicate with parties involved in unemployment compensation claims. Subtitle C. Economic Development Special Account Revival Amendment Act : restores, on a permanent basis, the Economic Development Special Account under the Deputy Mayor for Planning and Economic Development. Subtitle D. Deputy Mayor for Planning and Economic Development Limited Grant Making Authority: authorizes the Deputy Mayor for Planning and Economic Development to issue grants for certain purposes.

4 Subtitle E. Inaugural Celebration and Holiday Extension of Hours Act: extends the hours for on-premise sales of alcohol, as well as non-alcoholic beverages and food, during the week of the presidential inauguration and during certain holidays and holiday weekends. Subtitle F. Off-Premises Alcohol: authorizes the sale of alcohol for off-premises consumption beginning at 7 a.m. instead of 9 a.m. Subtitle G. Gasoline and Fuel Pump Octane Measurement Amendment Act: authorizes the Department of Consumer and Regulatory Affairs to inspect gas stations to ensure accurate representation of the fuel octane level. Subtitle H. Rent Supplement Prioritization and Funding: permits the Mayor to transfer up to $0 million from the Housing Production Trust Fund to the Local Rent Supplement Program. Subtitle I. Local Job Training Quarterly Outcome Report: establishes certain reporting requirements for the Department of Employment Services. Subtitle J. Comprehensive Affordable Housing Inventory: requires the Department of Housing and Community Development to develop a plan for an annual tracking report on affordable housing. Subtitle K. Women-Owned Business Expenditure Reporting: mandates that the Mayor shall provide certain reports regarding women-owned businesses. Subtitle L. Distillery: allows class A manufacturer licensees to sell their products directly to the consumer. Subtitle M. Film DC Economic Incentive Amendments: amends the definitions related to the determination of a film incentive award. Subtitle N. Housing Production and Job Training Funding: directs the Mayor to sell certain District property and provides that the funds shall be deposited in the Housing Production Trust Fund, and identifies funding for job training programs. Subtitle O. BID Amendment: prohibits the use of the Commercial Revitalization Assistance Fund for the purpose of providing commercial revitalization services or clean team services within a geographic area that is subject to a BID, and mandates that clean team services be provided for the area in the vicinity of the intersection of Minnesota Avenue, S.E., and Pennsylvania Avenue, S.E. 4

5 Subtitle P. Pennsylvania Avenue, S.E., Retail Priority Area: establishes the lots fronting Pennsylvania Ave., S.E., between Fairlawn Ave., S.E., and Southern Ave., S.E., as a Retail Priority Area and transfers $5 million of bond authority from the Downtown Retail Priority Area to the Pennsylvania Ave., S.E., Retail Priority Area. TITLE III. PUBLIC SAFETY AND JUSTICE Subtitle A. Notice of Unclaimed Property Modernization Act: requires the Metropolitan Police Department to post notice of unclaimed property online. Subtitle B. OAG Contingency Fee Contract Authorization: allows the Office of the Attorney General to make use of contingency fee contracts. Subtitle C. Fire and Emergency Medical Services Overtime Limitation: imposes restrictions (similar to those imposed for Fiscal Years 011 and 01) on the use of overtime at the Fire and Emergency Medical Services Department. Subtitle D. Sentencing and Criminal Code Revision Modification Clarification: designates the Sentencing and Criminal Code Revision Commission as a criminal justice agency to facilitate its access to criminal databases and extends the deadline for the reform of the criminal code. Subtitle E. Office of Unified Communications E-911 Fund Clarification: repeals a transfer of funds from the E911 Fund. Subtitle F. Cannabinoids: adds synthetic cannabinoids to the list of controlled substances. TITLE IV. PUBLIC EDUCATION AND LIBRARIES Subtitle A. Funding For Public Schools and Public Charter Schools: establishes the per-student funding formula for the school year and provides for certain competitive grants. Subtitle B. School-Based Budgeting and Accountability: amends the schedule for the revision of the Master Facilities Plan from every year to every 5 years. Subtitle C. Library Collections: establishes a nonlapsing fund to enhance the collections of public libraries. 5

6 Subtitle D. UDC Rightsizing: requires the University of the District of Columbia to develop a plan to reassess its tuition rates, downsize faculty, and undertake related analysis. Subtitle E. UDC Community College Branch Status Application: requires the Community College to apply to the Middle States Commission on Higher Education for branch campus status. Subtitle F. District Of Columbia School Reform Amendment: establishes a task force to study the concept of a neighborhood preference for charter school admissions for the school year. Subtitle G. Healthy Schools Amendments: makes a number of amendments to the Healthy Schools Act, including requirements that the Office of Planning develop a plan regarding comprehensive food services and that the Deputy Mayor for Education study interscholastic athletics. Subtitle H. Education Funding Equity: requires that beginning in Fiscal Year 014, the District must provide services to District of Columbia Public Schools and Public Charter Schools on an equal basis. Subtitle I. Charter School Relocation Assistance: provides for the Deputy Mayor of Education to issue a grant to assist with the relocation expenses of a public charter school. TITLE V. HEALTH, HUMAN SERVICES, AND RECREATION Subtitle A. Department of Mental Health Enterprise Fund Establishment: establishes a nonlapsing fund to facilitate the operation of the cafeteria at St. Elizabeths Hospital. Subtitle B. Reporting Requirements: establishes certain reporting requirements for the several health agencies. Subtitle C. Mosquito Control and Abatement: requires the Department of Health to prepare a plan for mosquito abatement. Subtitle D. Not-For-Profit Hospital Corporation Fund: authorizes the Not-For-Profit Hospital Corporation to grant or otherwise use funds from its nonlapsing fund for outreach and marketing activities. Subtitle E. SEH Nurse Training Program : requires the Department of Mental Health to develop a nurse training program in concert with the University of the District of Columbia. 6

7 Subtitle F. Health Navigator Coordination Program: requires the Department of Health to enter into a memorandum of understanding with the Not-For-Profit Hospital Corporation to coordinate care for diabetes patients. Subtitle G. DHCF Waivers: caps the elderly and physically disabled (EPD) waiver and the intellectual and developmental disabilities (ID/DD) waiver programs at Fiscal Year 01 levels. Subtitle H. Mental Health Psychiatric Services Reimbursement: authorizes the Department of Mental Health to spend up to $500,000 on increased reimbursements for psychiatric services. Subtitle I. Safe Children and Families Enrichment Services Task Force: creates a task force to develop recommendations for providing improved services, through a 501(c)() organization, for children, youth, and families. Subtitle J. Parks Policy and Programs Division: establishes a parks policy and programs division at the Department of Parks and Recreation. Subtitle K. Restoration of DC Healthcare Alliance: directs that any revenues stemming from the rebasing of District-owned nursing homes be deposited in the Healthy DC Fund to support the DC Health Care Alliance. Subtitle L. Housing for Homeless Families Act: requires that, beginning in June 01, the Department of Human Services place at least 50 homeless families from temporary shelters and motels into housing or shelter through rapid re-housing; in Fiscal Year 01, the 50 families shall be transferred to the tenant-based Local Rent Supplement Program. Subtitle M. Healthcare Alliance Preservation: sets coverage requirements for the DC Healthcare Alliance program. TITLE VI. TRANSPORTATION, PUBLIC WORKS, AND THE ENVIRONMENT Subtitle A. Department of Transportation Parking Meter Pay-By-Phone Transaction Fee Fund Amendment : establishes a fund to support the payment of the vendor that maintains the District s pay-by-phone parking meter system, and makes related amendments. 7

8 Subtitle B. State Safety Oversight Agency Establishment: designates the Fire and Emergency Medical Services Department as the state safety oversight agency for the streetcar system. Subtitle C. District Department of Transportation Omnibus: makes a variety of amendments related to the funding streams and budget of the District Department of Transportation. Subtitle D. Washington Metropolitan Area Transit Authority Memorandum of Understanding Establishment: Authorizes the Mayor, through the District Department of Transportation, to enter into contracts with the Washington Metropolitan Area Transit Authority. Subtitle E. Performance Parking Zone Expansion: authorizes the Mayor to establish performance parking zones anywhere in the District and directs related revenue. Subtitle F. District of Columbia Taxicab Commission Fund: establishes a fiduciary fund to receive revenues from fees established by the District of Columbia Taxicab Commission for the purpose of funding the Commission. Subtitle G. DDOT Policy Compendium: requires the District Department of Transportation to compile and publish its policies. Subtitle H. Healthy and Efficient Homes: allows for the expenditure of funds from the Sustainable Energy Trust Fund on weatherization services. Subtitle I. Foster Youth Transit Subsidy: provides a subsidy for transit for you in the District s foster care system until they reach 1 years of age. TITLE VII. FINANCE AND REVENUE Subtitle A. Subject to Appropriations Repealers: repeals the subject-to-appropriations provisions for a number of acts to reflect the fact that they are funded in the budget and financial plan. Subtitle B. Targeted Retirement Distribution Withholding: clarifies the withholding requirements applying to distributions from retirement plans. Subtitle C. Subsidized Nonprofit Rental Unit Fee Exemption: provides an exemption from the rental unit fee for nonprofit housing providers who provide at least 440 units at affordable rent levels. 8

9 Subtitle D. Employer Use Tax Return Act: requires employers who are not required to collect and remit sales tax to file an annual use tax return. Subtitle E. Overpayment Interest Rate: lowers the interest rate that the District pays to taxpayers who have overpaid on their tax returns. Subtitle F. Lower EFT Payment: requires non-individual taxpayers with payments exceeding $5000 to submit payments through electronic fund transfer. Subtitle G. Homestead Deduction, Personal Exemption, and Standard Deduction: lowers the inflationary rate for the personal exemption, the standard deduction, and the homestead exemption. Subtitle H. Delinquent Taxpayer Refund Offset: authorizes the Chief Financial Officer to deduct from a taxpayer s refund any delinquent taxes, fees, fines, or other liabilities that the taxpayer owes to the Department of Motor Vehicles. Subtitle I. Commercial Property Tax Rate Amendment : reduces the commercial property tax rate, on a contingent basis (see Title X). Subtitle J. Cooperative Housing Association Economic Interest Recordation Tax: clarifies provisions of the Fiscal Year 010 Budget Support Second Emergency Act of 009 related to the application of the recordation tax to co-ops economic interests. Subtitle K. Online Vendors Remittance of Hotel Taxes: makes permanent certain temporary clarifications related to the remittance of hotel taxes by online vendors. Subtitle L. Recordation Tax on Refinances of Security Interest Instruments: clarifies that refinances of security interest instruments shall be taxed only on the amount of new debt that exceeds existing debt, so long that tax was paid on the existing debt or it was exempted from the recordation tax. Subtitle M. Non-Profit Affordable Housing Developer Tax Relief: provides a tax exemption for entities that take advantage of federal low-income housing tax credits. Subtitle N. Gallery Place TIF Reallocation and Convention Center Marketing Fund: recognizes revenue from the Gallery Place TIF bond refinancing and directs the revenues to the Commission on Arts and Humanities and the Washington Convention and Sports Authority Marketing Fund. 9

10 TITLE VIII. BUDGET SUPPORT ACT CONFORMING AND TECHNICAL AMENDMENTS Subtitle A. Prior Budget Support Act Amendments: makes permanent a number of minor or technical amendments, most of which were already passed on a temporary basis. Subtitle B. FY 01 O-Type Redesignation: directs the Chief Financial Officer to redesignate certain amounts undesignated pursuant to the Fiscal Year 01 Budget Support Act of 011. TITLE IX. CAPITAL BUDGET Subtitle A. District Department of Transportation Capital Project Review and Reconciliation: authorizes the Chief Financial Officer to close certain capital projects and directs how the closed funds shall be allocated. Subtitle B. Capital Budget Reporting: requires the Mayor to submit to the Council a quarterly report on emergency expenditures by the District Department of Transportation. Subtitle C. Capital Budget Authority Transfer: reduces the capital budget authority and allotment for the South Capitol Corridor project and directs it to the 11 th Street Bridge project. Subtitle D. Fiscal Year 01 Capital Project Reallocation Approval: approves the reallocation of certain bond proceeds to improve cash flow. Subtitle E. Capital Project Rescission: rescinds $1.1 million (Pay-go) of allotment and budget authority for project EB40c, Pennsylvania Avenue SE Properties, under the Deputy Mayor for Planning and Development, in fiscal year 01, and transfers the funds to local operating dollars in FY 01. TITLE X. REVISED REVENUE ESTIMATE CONTINGENCY: identifies the items to be funded, in descending order of priority, from the contingent appropriations set forth in the Fiscal Year 01 Budget Request Act of 01. TITLE XI. FISCAL IMPACT AND EFFECTIVE DATE: sets forth the fiscal impact and effective date of the act. 10

11 IMPACT ON EXISTING LAW Bill would have a significant impact on existing law, as reviewed supra. FISCAL IMPACT The fiscal impact statement of the Chief Financial Officer, dated March, 01, is attached as Attachment C of this report. COMMITTEE ACTION On May 15, 01, the Committee of the Whole met, at an additional meeting, to consider the committee print and report on Bill Chairman Brown moved for approval of the Committee print to Bill 19-74, with leave for staff to make technical changes and to reflect the actions of the meeting. Chairman Brown opened the floor for questions on the draft committee budget and report. [TO BE ADDED] The committee report and print were approved by a vote of. Chairman Brown and Councilmembers Alexander, Barry, Bowser, Michael Brown, Catania, Cheh, Evans, Graham, Mendelson, Orange, and Wells were present. ATTACHMENTS A. Introduced version of Bill B. Committee Print of Bill C. Fiscal Impact Statement D. Notice of Intent to Act on B19-74 as published in the District of Columbia Register E. Agenda, witness list, and written testimony from the April 0, 01 public hearing on B

12 ATTACHMENT A: Introduced Version of B

13 Chairman Kwame R. Brown at the request of the Mayor A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA Chairman Kwame R. Brown, at the request of the Mayor, introduced the following bill, which was referred to the Committee on. To limit payment from the categories of bonus and special pay; to restore the government portion of the healthcare contribution to 75%; to amend the Department of General Services Establishment Act of 011to establish the District of Columbia Facilities Service Request Fund; to amend the Comprehensive Merit Personnel Act of 1979 to clarify that the Mayor shall request income information from all public sector workers compensation claimants, and to correct an erroneous 010 amendment that limited the wage earning capacity process to claimants hired before January 1, 1980; to centralize the collection of delinquent debts owed to the District within the Central Collection Unit of the Office of the Chief Financial Officer, Office of Finance and Treasury; to authorize the Central Collection Unit to collect delinquent debts owed to the District; to receive funding and to pay the costs and expenses associated with the collection of delinquent debts owed to the District; to impose fees on debtors to cover costs associated with the collection of delinquent debts; to impose a fee to be paid by each person who tenders in payment of a District obligation a check that is subsequently dishonored; to establish a special nonlapsing fund to be designated the Delinquent Debt Fund; to establish a lien for the payment of delinquent debts; to authorize the Central Collection Unit to enter into payment plan agreements, to discharge, settle and sell delinquent debt, and to report delinquent debt to credit agencies; to authorize suspension of issuance of licenses and permits to delinquent debtors; to authorize reciprocal offset agreements and settlement agreements related to delinquent debts; and to offset obligations owed by the District against delinquent debts of District employees, contractors, tax payers, and lottery winners; to amend an existing Additional Benefits law which triggers up to 0 weeks of additional benefits for unemployed claimants paid for by the District s unemployment trust fund if unemployment remains high; to allow unemployment insurance claims examiners to sign claimant benefits determinations electronically; to permanently revive the Economic Development Special Account; to provide grant making authority for the Skyland project; to authorize the Deputy Mayor for Planning and Economic Development to make annual grants for sector consultants, local business promotion, regional economic development, and the Bank on DC program; to allow on-premise alcoholic beverage sales until 4:00 a.m. and food and non-alcoholic beverage sales around-the-clock during a one-week inaugural celebration, including the 01 and 017 Presidential Inauguration Weeks; to allow the sale of alcohol 1

14 for off-premises consumption beginning at 7 a.m. instead of 9 a.m.; to extend the permitted hours for the sale of alcohol for on-premises consumption from :00 a.m. to :00 a.m. on weekdays and from :00 a.m. to 4:00 a.m. on weekends and District and federal holidays; to amend the Revised Statutes of the District of Columbia to modernize the publication requirement for Metropolitan Police Department notices of unclaimed property; to amend the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification Amendment Act of 1998 to modify the per student foundation level for fiscal year 01; to amend the School Based Budgeting and Accountability Act of 1998 to require that, commencing on December 15, 01 and every 5 years thereafter, the Mayor prepare and submit to the Council for its approval a comprehensive 5-year Master Facilities Plan for the District of Columbia Public Schools and public charter schools; to provide that the 5-year Master Facilities Plan may be modified annually subject to approval by the Council; to require an annual survey of school facilities; to amend the Department of Transportation Establishment Act of 00, to authorize the District Department of Transportation to collect transaction fees from parking meter users who use the pay-by-phone system and use those fees to pay the pay-by-phone vendor, and to amend An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 0, 199, and for other purposes, and the District of Columbia Motor Vehicle Parking Facility Act of 194 to eliminate an out-of-date parking meter provision; to amend the Emergency Medical Services Improvement Amendment Act of 008 to authorize the Fire and Emergency Medical Services Department to perform the responsibilities of State Safety Oversight Agency for streetcar operations as required by the Federal Transit Administration; to allow DDOT to enter into MOU agreements with WMATA; to expand the performance parking program citywide and direct all revenue to WMATA; to repeal the subject to appropriations clauses of funded legislation; to amend chapter 18 of title 47 to limit the retirement distributions subject to mandatory withholding to only lump-sum distributions; to amend the Department of Rental Housing Act of 1985 to exempt from rental unit fees all nonprofit entities that establish rent schedules for at least 440 subsidized rental units in the District of Columbia and are not exempted by the Housing Choice Voucher Program or the Low Income Housing Tax Credit; to amend title 47 of the D.C. Official Code to require filing of a use tax return by employers and to index the underpayment interest rate; to amend title 47 of the D.C. Official Code to index the underpayment interest rate; to amend Chapter 44 of Title 47 of the District of Columbia Official Code to reduce the threshold for requiring non-individual income tax taxpayers to make payments electronically; to amend Chapter 44 of Title 47 of the District of Columbia Official Code to allow for taxpayer overpayments of taxes to be applied to liabilities owed to the Department of Motor Vehicles; to make necessary technical and conforming amendments to the Fiscal Year 01 Budget Support Act of 011; to enact into permanent law the provision which the Council enacted as a temporary measure as part of the Fiscal Year 01 budget and financial plan; to correct FY 011 o-type un-designations; to authorize the Chief Financial Officer, in consultation with the Mayor, to close Department of Transportation capital projects if funds have been obligated or expended in excess of their approved budgets, or if the projects have been inactive for at least twelve months, or have been closed by the United States Department of Transportation and continue to have an open balance; to make necessary capital budget changes; and to provide a contingent revenue priority list.

15 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the Fiscal Year 01 Budget Support Act of 01. TITLE I. GOVERNMENT DIRECTION AND SUPPORT SUBTITLE A. BONUS AND SPECIAL PAY LIMITATION Sec Short title. This subtitle may be cited as the "Bonus and Special Pay Limitation Act of 01". Sec. 10. Bonus and special pay limitations. (a) For fiscal year 01, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used to pay: (1) Retirement awards; () Hiring bonuses for difficult-to-fill positions; () Additional income allowances for difficult-to-fill positions; (4) Agency awards or bonuses funded by private grants or donations; (5) Safe driving awards; (6) Gainsharing incentives in the Department of Public Works; (6) Suggestion/invention awards; or (7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into prior to the effective date of this subtitle. (b) No special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by an existing contract that was entered into prior to the effective date of this subtitle. (c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 017) or bonus pay (Comptroller subcategory 018) shall apply in fiscal year 01 to employees of the District of

16 Columbia Public Schools who are based at a local school or who provide direct services to individual students. SUBTITLE B. HEALTH BENEFIT PLAN CONTRIBUTION AMENDMENT Sec Short title. This subtitle may be cited as the Health Benefit Plan District Contribution Amendment Act of 01. Sec. 11. Section 109 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective October 1, 1987 (D.C. Law 7-7; D.C. Official Code ), is amended as follows: (a) Subsection (a) is amended as follows: (1) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. () Strike the phrase exceed 7% and insert the phrase exceed 75% in its place. (b) Subsection (h) is amended as follows: (1) Paragraph (1) is amended by striking the phrase exceed 7% and inserting the phrase exceed 75% in its place. () Paragraph () is amended as follows: (A) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. (B) Strike the phrase contribute 8% and insert the phrase contribute 5% in its place. () Paragraph () is amended as follows: (A) Strike the phrase an amount equal to 7% and insert the phrase an 4

17 amount equal to 75% in its place. (B) Strike the phrase contribute 8% and insert the phrase contribute 5% in its place. (c) Subsection (j) is amended as follows: (1) Paragraph (1) is amended as follows: (A) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. (B) Strike the phrase contribute 8% and insert the phrase contribute 5% in its place. () Paragraph () is amended by striking the phrase shall not exceed 7% and inserting the phrase shall not exceed 75% in its place. (d) Subsection (l) is amended as follows: (1) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. () Strike the phrase contribute 8% and insert the phrase contribute 5% in its place. SUBTITLE C. DEPARTMENT OF GENERAL SERVICES FACILITIES SERVICES REQUEST FUND ESTABLISHMENT Sec. 11. Short title. This subtitle may be cited as the "District of Columbia Facilities Service Request Fund Establishment Amendment Act of 01". Sec. 1. The Department of General Services Establishment Act of 011, effective September 14, 011 (D.C. Law 19-1; D.C. Official Code et seq.), is amended by adding a new section 105 to read as follows: 5

18 "Sec Establishment of the District of Columbia Facilities Service Request Fund. (a)(1) There is established within the General Fund of the District of Columbia a lapsing account to be known as the District of Columbia Facilities Service Request Fund ("Fund"). All funds received by the Department from non-district government tenants in District government facilities for facility-related services, including maintenance, janitorial, security, construction or other services provided by the Department in accordance with this title, shall be deposited into the Fund. () All funds deposited into the Fund, and any interest earned on those funds, shall revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year. () The Fund shall be administered by the Department, and shall be used for facilityrelated services at real property owned or leased by the District of Columbia and under the control of the Department.. SUBTITLE D. PUBLIC SECTOR WORKERS COMPENSATION RETURN TO WORK CLARIFICATION Sec. 11. Short title. This subtitle may be cited as the Public Sector Workers Compensation Return to Work Clarifying Amendment Act of 01. Sec. 1. The Comprehensive Merit Personnel Act of 1979, effective March, 1979 (D.C. Law -19; D.C. Official Code et seq.), is amended as follows: (a) Section 06(b) (D.C. Official Code (b)) is amended to read as follows: (b)(1) The Mayor shall require each employee receiving benefits under this subtitle to report his or her earnings from employment or self-employment, by affidavit or otherwise, including by providing copies of tax documents and authorization for the Mayor to obtain copies 6

19 of tax documents, in the manner and at the times the Mayor specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his or her earnings in employment or self-employment and which can be estimated in money. () An employee shall forfeit his or her right to compensation with respect to any period for which the affidavit or report was required if the employee: (A) Fails to file a complete affidavit or report when required; or (B) Knowingly omits or understates any part of his or her earnings. () Compensation forfeited under this section, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under section 9 unless recovery is waived under that section.. (b) Section 1(b) (D.C. Official Code 1-6.1(b)) is amended by striking the phrase If an employee whose date of hire was before January 1, 1980, and inserting the phrase If an individual in its place. SUBTITLE E. DELINQUENT DEBT RECOVERY Sec Short title. This subtitle may be cited as the Delinquent Debt Recovery Act of 01. TITLE I Part. A. Sec. 14. Definitions. For purposes of this act, the term: (1) Central Collection Unit means the Central Collection Unit established within the Office of Finance and Treasury of the Office of the Chief Financial Officer to implement this act; () Delinquent debt means any financial obligation owed by a person to a 7

20 District agency that remains unpaid more than 90 days after it was due, provided that the term shall not include tax debts or child support debts; () Delinquent Debt Fund or Fund means the Delinquent Debt Fund established by section 145; (4) District agency means any District office, department, or agency, including independent agencies, but not including the Water and Sewer Authority; and (5) Person means any natural person, trust, corporation, Limited Liability Corporation, partnership, limited liability partnership, or any other business organization. Sec. 14. Responsibility of District agencies to transfer and refer delinquent debt to the Central Collection Unit for collection. (a) Notwithstanding any other provision of law, regulation, or Mayoral order, each District agency shall transfer and refer delinquent debts for collection to the Central Collection Unit within 60 days after a financial obligation owed by a person to the District becomes a delinquent debt. (b) A transfer and referral of a delinquent debt to the Central Collection Unit shall include all documentation and information relating to the delinquent debt, including: (1) Documents that verify the existence and amount of the delinquent debt; () The name and last known address of the delinquent debtor; and () Any notices issued to the delinquent debtor demanding payment. (c) The procedure for transfer and referral of delinquent debt by each District agency to the Central Collection Unit, including the format and means of delivery of the information, shall be established by the Central Collection Unit within 10 days of the effective date of the act. Sec Imposition of costs and fees. (a) The Central Collection Unit is authorized to prescribe, impose, and collect fees from 8

21 debtors to cover actual costs or expenses associated with the collection of delinquent debt. (b) In addition to the authority to impose and collect fees to cover actual costs or expenses associated with the collection of delinquent debt, the Central Collection Unit is authorized to prescribe and impose a fee to be paid by each person who tenders in payment of a financial obligation owed to the District, including a tax, assessment, fee, citation, or charge, a check that is subsequently dishonored or not duly paid, or whose delinquent debt is transferred and referred to the Central Collection Unit for action. The amount of the fee shall be set by regulations established by the Central Collection Unit. Sec Establishment of the Delinquent Debt Fund. There is hereby established within the General Fund a special non-lapsing fund to be known as the Delinquent Debt Fund (the Fund ), into which shall be deposited any funds allocated to the Central Collection Unit through the District s annual Budget and Financial Plan, all delinquent debts collected by the Central Collection Unit, and all fees authorized by section 144; provided, with respect to any funds deposited in the Fund prior to the then-current fiscal year, including any interest earned on such funds prior to the then-current fiscal year, the money remaining in the Fund after the payment of all costs and expenses accrued prior to the thencurrent fiscal year, less 10% of such remainder which shall be retained as a reserve operating balance, shall be transferred or revert to the General Fund. All funds deposited in the Fund shall be administered and used by the Central Collection Unit, subject to appropriation by Congress, to conduct the authorized activities of the Central Collections Unit. Sec Lien for delinquent debt. (a) If a person liable to pay a delinquent debt neglects or refuses to pay the delinquent debt after demand by the Central Collection Unit, the amount, including any interest and any fees imposed for collection of the delinquent debt that may accrue, shall be a lien in favor of the 9

22 District of Columbia upon all property (including rights to property), whether real or personal, belonging to the person, and shall have the same effect as a lien created by judgment. The lien shall attach to all real or personal property (including rights to property) belonging to, or acquired by, the person at any time during the period of the lien. (b) The lien imposed by section 146(a) shall be deemed to have arisen on the 91 st day after the delinquent debt became due and owing to the District, and shall continue until the delinquent debt is satisfied or becomes unenforceable. (c) The lien imposed by section 146(a) shall not be valid against a bona fide purchaser for value, holder of a security interest, mechanic s lien or, or judgment lien creditor until the lien has been filed with the Recorder of Deeds by the Central Collection Unit. Sec Payment plans, discharge of delinquent debt, sale of delinquent debt, and report to credit agencies. (a) The Central Collection Unit is authorized, in its discretion to: (1) Enter into payment plan agreements with persons for payment of delinquent debt, provided that no payment plan shall exceed a term of 5 years; () Discharge a delinquent debt as uncollectible that is older than 10 years; () Settle a delinquent debt for less than the full amount owed; (4) Report delinquent debts to credit agencies; (5) Sell delinquent debt; and (6) Refer a delinquent debt to the Office of the Attorney General for the District of Columbia for civil or administrative collection or enforcement actions. (b) The authority described in section 147(a) will become effective upon the issuance of an order by the Mayor delegating such of his authority, pursuant to An Act Authorizing the Commissioners of the District of Columbia to settle claims and disputes against the District of 10

23 Columbia, approved February 11, 199 (45 Stat. 1160; D.C. Official -40, et seq.), as he determines is necessary to carry out the purposes of this act. Sec Suspension of licenses and permits. (a) Each District agency that transfers and refers a delinquent debt to the Central Collection Unit for collection shall, within 5 days of the transfer and referral, suspend the granting or issuance of any District license or permit to the delinquent debtor. The suspension shall remain in effect until the Central Collection Unit notifies the appropriate District agency that the delinquent debt has been satisfied. (b) Each District agency that suspends the granting or issuance of a District license or permit pursuant to this section shall, concurrently with the suspension, provide written notice of the suspension to the Central Collection Unit within 5 days of the suspension. (c) The Central Collection Unit shall provide to all District agencies, within 10 days of the end of the preceding month, a list of the names of all persons currently subject to suspension of the granting or issuing of a District license or permit due to delinquent debt. Sec Reciprocal agreements. The Central Collection Unit is authorized to enter into reciprocal agreements for collection of delinquent debts with any state, local, or municipal government. Sec Offset of delinquent debt against District employee pay and against contractual obligations to District contractors. (a) The Central Collection Unit is authorized to collect delinquent debt from District employees by deducting delinquent debt from the bi-weekly pay of District employees, in an amount not to exceed 10% of an employee s gross bi-weekly pay, until the delinquent debt is fully satisfied. In the event a District employee's wages are subject to a pre-existing attachment(s), the authority of the Central Collection Unit under this section shall not be effective 11

24 until the pre-existing attachment(s) has been satisfied in order of priority. (b) The Central Collection Unit is authorized to collect delinquent debt from District contractors by deducting any amounts owed to a District contractor pursuant to a contractual obligation between the District and a contractor. For purposes of this section, a District contractor includes any person who receives payments from the District pursuant to a contract or a grant agreement that requires the grantee to perform services in consideration for the payment of the grant amount. For purposes of this section, a contractual obligation includes obligations arising from a contract or a grant agreement described in the preceding sentence that is entered into after the effective date of this act. (c) The Central Collection Unit is authorized to collect delinquent debts by offsetting District tax refunds and District lottery winnings against delinquent debts owed to the District. Sec Consumer protection. The Central Collection Unit shall include in any contract with outside parties engaged to enforce collection of delinquent debt a provision that requires the contractor to fully comply with the Fair Debt Practices Collection Act, 15 U.S.C et seq., the District of Columbia Consumer Protection Procedures Act, D.C. Official Code et seq. and all other federal and District laws and rules that govern collection of delinquent debt. Sec. 15. Report to the Council. On or before March 1 of each year, the Central Collection Unit shall issue a report to the Mayor and the Council that includes the following: (1) The amount of delinquent debt collected in the preceding fiscal year; () The amount of uncollected delinquent debt owed to the District; and () A summary of the efforts made to collect delinquent debt owed to the District and the challenges that remain for collecting it. 1

25 Part. B. Sec. 15. Conforming amendments. (a) Section 1501 of the Fiscal Year 1998 Revised Budget Support Act of 1997, effective March 0, 1998 (D.C. Law 1-60; D.C. Official Code 1-.11), is repealed. (b) Section 105(b) of the District of Columbia Traffic Adjudication Act of 1978, effective September 1, 1978 (D.C. Law -104; D.C. Official Code (b)), is amended by striking the last sentence. TITLE II Sec The District of Columbia Government Personnel Act of 1978, effective March, 1979 (D.C. Law -19; D.C. Official Code et seq.), is amended by adding a new section 905 to read as follows: Sec Authority to Collect Infraction Fines from Responsible District Employees. (a) If a notice of infraction is issued pursuant to section 0 of the District of Columbia Traffic Adjudication Act of 1978, effective September 1, 1978 (D.C. Law -104; D.C. Official Code ) ( Traffic Act ), or section 90 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law ; D.C. Official Code ), for an infraction committed by a vehicle owned or leased by the District of Columbia government, the responsible individual is required to pay any fine or fee imposed as a result of that notice of infraction. (b) For the purpose of this section, responsible individual means the District government employee, contractor, or volunteer who had registered, or signed-up to use the vehicle that was the subject of the notice of infraction, or who had been assigned to drive the vehicle that was the subject of the notice of infraction, at the time when the notice of infraction was issued. 1

26 (c) The responsible individual may challenge any notice of infraction issued for a moving violation as provided in subchapter II of the Traffic Act (D.C. Official Code et seq.), or any notice of infraction issued for a parking, standing, or stopping infraction as provided in subchapter III of the Traffic Act (D.C. Official Code et seq.). (d) If a responsible individual fails to pay any fine or fee imposed, the period for challenging the issuance of the notice of infraction has expired, and there is no final order dismissing the charges that led to the issuance of the notice of infraction, the Mayor may collect the amount owed, as provided for in 904 (D.C. Official Code ), or by any other means authorized by law.. TITLE II. ECONOMIC DEVELOPMENT AND REGULATION SUBTITLE A. UNEMPLOYMENT TRUST FUND STABILIZATION Sec. 01. Short title. This subtitle may be cited as the Unemployment Compensation Additional Benefits Trust Fund Stabilization Amendment Act of 01. Sec. 0. Section 7(i) of the District of Columbia Unemployment Compensation Act, approved August 8, 195 (49 State 949; D.C. Official Code (i)) is repealed. SUBTITLE B. UNEMPLOYMENT ELECTRONIC COMMUNICATIONS EFFICIENCY ACT Sec. 11. Short title. This subtitle may be cited as the Unemployment Compensation Claim Processing Efficiency Amendment Act of 01. Sec. 1. Section 11 of the District of Columbia Unemployment Compensation Act, approved August 8, 195 (49 Stat 951; D.C. Code ) is amended by adding a new subsection (k) to read as follows: 14

27 (k) (1) Notwithstanding any other provision of this act, all correspondence, notices, determinations, or decisions required for the administration of this act may be transmitted to claimants, employers, or necessary parties by electronic mail or other means of communication as the claimant, employer, or necessary party may select from the alternative methods of communication approved by the Director. () Notwithstanding any other provision of this act, all correspondence, notices, determinations, or decisions issued by the Director may be signed by an electronic signature which complies with the requirements of D.C. Official Code and Mayor s Order , dated June 5, SUBTITLE C. ECONOMIC DEVELOPMENT SPECIAL ACCOUNT Sec. 1. Short Title. This subtitle may be cited as the Economic Development Special Account Revival Amendment Act of 01". Sec.. The National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 008, effective March 6, 008 (D.C. Law 17-18; D.C. Official Code -15.1), is amended as follows: (a) Section 01 is revived. (b) Revived section 01 is amended to read as follows: Sec. 01. Economic Development Special Account. (a) There is established as a nonlapsing fund the Economic Development Special Account ("Account"), which shall be used solely for the purposes set forth in this section. (b)(1) Deposits into the Account shall include: (A) All operating funds transferred from the Anacostia Waterfront Corporation Enterprise Fund, established by section 114 of the Anacostia Waterfront Corporation Act of 004, 15

28 effective December 7, 004 (D.C. Law 15-19; D.C. Official Code -1.14); (B) All operating funds transferred from the National Capital Revitalization Corporation Enterprise Fund, established by section 9 of the National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 1-144; D.C. Official Code ); (C) All fees, revenues, and other income from real property or other assets formerly under the authority of the NCRC or the AWC, or any of their subsidiaries, which include RLARC, SWDC, SWHC, and EDFC; (D) Funds authorized by an act of Congress, reprogramming, or intra-district transfer to be deposited into the Account; (E) Any other monies designated by law to be deposited into the Account; and (F) Interest on money deposited in the Account. () Funds deposited into the Account pursuant to this subsection shall be maintained in segregated sub-accounts associated with each revenue source as the Chief Financial Officer determines to be necessary. () The funds deposited into the Account shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsections (c) and (d) of this section, subject to authorization by Congress. (c) Monies credited to the Account shall be allocated annually to the Office of the Deputy Mayor for Planning and Economic Development in an aggregate amount that is equal to the total deposits and earnings that are estimated to remain unspent in the Account at the end of the preceding fiscal year plus all deposits and earnings that are estimated to be received during the fiscal year for which the allocation is made. (d) Monies may be used to pay the costs of operating and administering properties and 16

29 programs under the authority of the Deputy Mayor for Planning and Economic Development, including properties and programs formerly operated and administered by the NCRC and the AWC, to provide economic development assistance, including the provision of grants, loans, and credit support or enhancement, and to implement other programs, projects, and initiatives that: (1) Are consistent with and in furtherance of the economic development goals or activities of the District; () Further meeting the requirements of providing jobs for District residents creating affordable housing, and restoring the District's waterways pursuant to Title IV; () Support the development of a workforce intermediary pursuant to section 40; or (4) Facilitate the implementation of the environmental standards pursuant to subtitle B of Title IV. (e)(1) Fees, revenue, and other income that otherwise would be deposited into the Account under this section, but that are subject to Community Development Block Grant regulations shall be deposited into a segregated sub-account designated for Community Development Block Grant funds and shall be subject to applicable reporting to the United States Department of Housing and Urban Development. () The funds in the segregated sub-account shall be included as a segregated line item in the budget of the Department of Housing and Community Development that the Mayor is required to submit to the Council pursuant to section 44 of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 798; D.C. Official Code ), and shall be designated for the use of the Deputy Mayor for Planning and Economic Development consistent with the requirements of the Community Development Block Grant Program. (b) Section 10(g)() (D.C. Official Code -15.0(g)()) is amended by striking the phrase General Fund of the District of Columbia and inserting the phrase Economic 17

30 Development Special Account established by section 01 in its place. (c) This section shall be retroactively effective to September 14, 011. SUBTITLE D. DEPUTY MAYOR FOR PLANNING AND ECONOMIC DEVELOPMENT LIMITED GRANT MAKING AUTHORITY Sec 1. Short title. This subtitle may be cited as the Deputy Mayor for Planning and Economic Development Limited Grant Making Authority Act of 01. Sec. The Deputy Mayor for Planning and Economic Development shall have grantmaking authority for the purpose of providing funds in support of the Skyland project. Sec.. The Deputy Mayor for Planning and Economic Development is authorized to make annual grants for the purpose of promoting economic development programs and policies. For Fiscal Year 01, the following amounts are authorized: (a) $100,000 for sector consultants; (b) $50,000 for local business promotion; (c) $75,000 for regional economic development; and (d) $50,000 for the Bank on DC program. SUBTITLE E. INAUGURAL CELEBRATION EXTENSION OF HOURS Sec. 41. Short title. This subtitle may be cited as the Inaugural Celebration Extension of Hours Public Safety Act of 01. Sec. 4. Title 5 of the District of Columbia Official Code is amended as follows: (a) Section 5-7 is amended by adding a new subsection (e) to read as follows: (e)(1) Every 4 years, beginning in 01, the week of January 15 through January 1, shall be designated Inaugural Week. During Inaugural Week, a licensee under an on-premises 18

31 retailer s license or a temporary license may sell or serve alcoholic beverages until 4 a.m. and operate 4 hours a day if the following conditions are met: (A) A licensee with a CN license shall pay a fee of $50 for each day it will serve alcohol pursuant to this subsection and shall provide written notification and a public safety plan, no later than January 7, to the Alcoholic Beverage Control Board and Metropolitan Police Department of its hours of operation; (B) A licensee with a CR or CT license shall pay a fee of $100 for each day it will serve alcohol pursuant to this subsection and shall provide written notification, no later than January 7, to the Alcoholic Beverage Control Board and Metropolitan Police Department of its hours of operation; or (C) All other licensees shall pay a fee of $50 for each day it will serve alcohol pursuant to this subsection and shall provide written notification, no later than January 7, to the Board and Metropolitan Police Department of its hours of operation. () Under this subsection, a licensee operating under an on-premises retailer s license shall not be required to obtain Board approval to sell alcoholic beverages until 4 a.m. and stay open 4 hours a day.. (b) Section 5-87 is amended by adding a new subsection (d) to read as follows: (d) The Chief of Police may suspend a licensee s privilege to extended hours of operation as defined in 5-7(e) if the licensee s operation presents a demonstrated danger to the health, safety, or welfare of the public.. SUBTITLE F. OFF-PREMISES ALCOHOL AMENDMENT ACT Sec. 51. Short title. This subtitle may be cited as the Off-Premises Alcohol Act of 01. Sec. 5. Section 5-7 of the D.C. Official Code is amended as follows: 19

32 (a) Subsection (a) is amended by striking the phrase 9:00 a.m. and inserting the phrase 7:00 a.m. in its place. (b) Subsection (b) is amended by striking the phrase 9:00 a.m. and inserting the phrase 7:00 a.m. in its place. SUBTITLE G. ON-PREMISES ALCOHOL AMENDMENT Sec. 61. Short title. This subtitle may be cited as the On-Premises Alcohol Act of 01. Sec. 6. Section 5-7(b) of the D.C. Official Code is amended as follows: (a) Paragraph (1) is amended by striking the phrase :00 a.m. and inserting the phrase :00 a.m. in its place. (b) Paragraph () is amended by striking the phrase :00 a.m. and inserting the phrase 4:00 a.m. in its place. (c) Paragraph () is amended by striking the phrase :00 a.m. and inserting the phrase 4:00 a.m. in its place.. SUBTITLE H. GASOLINE AND FUEL PUMP OCTANE MEASUREMENT Sec. 71. Short title. This subtitle may be cited as the Gasoline and Fuel Pump Octane Measurement Amendment Act of 01. Sec. 7. An Act To establish standard weights and measures for the District of Columbia, to define the duties of the Superintendent of Weights, Measures, and Markets of the District of Columbia, and for other purposes, approved March, 191 (41 Stat. 117; D.C. Official Code et seq.), is amended by adding a new section 18a-1 to read as follows: Sec. 18a-1. Gasoline and fuel pump octane measurement. (a) The Director shall: 0

33 (1) Take samples of automotive fuel wherever it is offered for sale or use in the District of Columbia; () Inspect and test on at least an annual basis and on a random; unannounced basis the octane levels of the gasoline dispensed at each gasoline pump. () Maintain records of all inspections; (4) If determined to be necessary at the Director s discretion, enter into contractual agreements with qualified laboratories as a cost-saving measure for the purpose of analyzing automotive fuel samples if the octane level of the automotive fuel is questioned; and (5) Promulgate rules for the enforcement and administration of this act, which may include the adoption by reference of applicable regulations issued by the Federal Trade Commission governing the certification, disclosure, posting, and labeling of automotive fuel. (b) The Director may conduct investigations to determine compliance with this act. (c) If the Director determines that an automotive fuel sample does not conform with the standards set out by this act and rules promulgated thereunder, the Director may take any or all of the following actions to prohibit the sale of the nonconforming automotive fuel or to prohibit the use of the nonconforming dispensing system, storage tank, or other dispensing device: (1) Condemn and mark as condemned the dispensing system, storage tank, or other dispensing device from which the sample was obtained or on which the nonconforming label is attached; () Seal and mark as sealed the storage tanks from which the sample was drawn or the nonconforming label attached; or 1

34 () Issue civil infractions under the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-4; D.C. Official Code et seq.). (d) If the Director condemns the dispensing system, storage tank, or other dispensing device, the Director may immediately seize and seal, in order to prevent further sales, any dispensing system, storage tank, or other dispensing device from which automotive fuel is sold or offered for sale in violation of this act or rules promulgated thereunder. No automotive fuel may be sold or offered for sale unless approved by the Director. The Director shall post, in a conspicuous place on the premises where a dispensing system, storage tank, or other dispensing device has been condemned, a notice stating that the condemnation has taken place, the grounds for the condemnation, and warning that it shall be unlawful to break, mutilate, or destroy any notice, seal, or order issued by the Director regarding the condemnation. The notice required under this subsection shall remain until the Director has reinspected the condemned dispensing system, storage tank, or other dispensing device and determined it to be in compliance. (e) The Director may assess a civil penalty of not more than $5,000 upon a retailer who sells or offers for sale automotive fuel from any dispensing system, storage tank, or other dispensing device which has not been labeled in accordance with the provisions of this act or rules promulgated thereunder. (f) The Director may assess a civil penalty of not more than $5,000 upon a retailer who allows any person, other than a person designated by the Director, to break, mutilate, or destroy any notice, seal or order issued by the Director and placed upon a dispensing system, storage tank, or other dispensing device used to deliver or store automotive fuel. (g) The Director may assess a civil penalty of not more than $0,000 upon a retailer who sells or offers to sell automotive fuel from any dispensing system, storage tank, or

35 other dispensing device that has been condemned by the Director. (h) In addition to civil penalties assessed in accordance with this act, the Director may suspend a retailer s business license for up to 90 days for the retailer s third subsequent violation of this act.. SUBTITLE I. RENT SUPPLEMENT PRIORITIZATION AND FUNDING Sec. 81. Short title. This subtitle may be cited as the Rent Supplement Prioritization and Funding Act of 01. Sec. 8. The District of Columbia Housing Authority Act of 1999, effective May 9, 000 (D.C. Law 1-105; D.C. Official Code 6-6) is amended as follows: (a) New section (e) is added to read as follows: (e) There shall be no new vouchers issued under the Local Rent Supplement Program tenant-based program or District of Columbia Local program as existing voucher holders leave the program through attrition. Sec. 8. A new section 1 is added to D.C. Official Code 4-80 (b) as follows: (A) Notwithstanding D.C. Official 4-80, the Mayor may transfer an amount not to exceed $19,969,048 million of the funds designated for deposit into the Fund to the Rental Assistance Support and Local Rent Supplement Fund, as established in 6-8, towards existing project-based and sponsor-based voucher assistance, as described in 6-7, tenant-based assistance, as described in 6-8, and capital-based assistance, as described in 6-9 awarded under the Rent Supplement Program, in or prior to FY 010. (B) None of the funds transferred to the Rental Assistance Support and Rent Supplement Fund, pursuant to subsection (a) of this section, shall be used for administrative fees.. TITLE III. PUBLIC SAFETY AND JUSTICE

36 SUBTITLE A. NOTICE OF UNCLAIMED PROPERTY Sec. 01. Short title. This subtitle may be cited as the Notice of Unclaimed Property Modernization Act of 01. Sec. 0. Section 417(a) of the Revised Statutes of the District of Columbia (9 Stat. 718; D.C. Official Code (a)) is amended to read as follows: (a) With respect to all property (including money), except perishable property, animals, firearms and property of persons with mental illness, not otherwise disposed of in accordance with 416 of the Revised Statutes, that shall remain in the custody of the Property Clerk for not less than 90 days without being claimed and repossessed, the Property Clerk shall: (1) Publish or cause to be published in a newspaper of general circulation in the District, once a week for two consecutive weeks: (A) Notice of the location where a full description of the property can be reviewed; and (B) Notice that if such property is not claimed by the rightful owner within 45 days from the date of first publication, title to the property shall revert to the finder of lost property after deduction for the expenses of custody and publication, or to the District of Columbia in all other cases; and () Post or cause to be posted in the Metropolitan Police Department headquarters, where public notices are commonly or usually posted, a description of the property, and a copy of the notice published in the newspaper of general circulation in the District, and shall make a record of the date when such publication and the posting of the notices are made; or () Post or cause to be posted on the Metropolitan Police Department website a description of the property, and a copy of the notice published in the newspaper of general 4

37 circulation in the District, and shall make a record of the date when such publication and the posting of the notices are made.. TITLE IV. PUBLIC EDUCATION SUBTITLE A. UNIFORM PER STUDENT FUNDING FORMULA FOR PUBLIC SCHOOLS AND PUBLIC CHARTER SCHOOLS AMENDMENT Sec Short title. This subtitle may be cited as the "Funding for Public Schools and Public Charter Schools Amendment Act of 01". Sec. 40. The Uniform Per Student Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification Amendment Act of 1998, effective March 6, 1999 (D.C. Law 1-07; D.C. Official Code et seq.), is amended as follows: (a) Section 104 (D.C. Official Code 8-90) is amended by striking the phrase "$8,945 per student for fiscal year 01" and inserting the phrase "$9,14 per student for fiscal year 01" in its place. (b) Section 105 (D.C. Official Code 8-904) is amended by striking the tabular array and inserting the following chart in its place: Grade Level Weighting Per Pupil Allocation in FY 01 Pre-School 1.4 $1,6 Pre-Kindergarten 1.0 $11,861 Kindergarten 1.0 $11,861 Grades $9,14 Grades $9,14 Grades $9,98 Grades $10,584 Alternative program 1.17 $10,675 Special education school 1.17 $10,675 Adult 0.75 $6,84 "(c) The supplemental allocations shall be calculated by applying weightings to the 5

38 foundation level as follows: "General Education Add-ons: "Level/ Program "LEP/NEP "Summer Definition Weighting Per Pupil Supplemental FY 01 Limited and non-english proficient students An accelerated instructional program in the summer for students who do not meet literacy standards pursuant to promotion policies of the District of Columbia Public Schools and public charter schools 0.45 $4, $1,551 "Special Education Add-ons: Level/ Program "Level 1: Special Education "Level : Special Education Definition Weighting Per Pupil Supplemental FY 01 Eight hours or less per week of specialized services More than 8 hours and less than or equal to 16 hours per school week of specialized services $5, $7,90 "Level : Special Education "Level 4: Special Education More than 16 hours and less than or equal to 4 hours per school week of specialized services More than 4 hours per week which may include instruction in a selfcontained (dedicated) special education school other than residential placement 1.58 $14, $8,84 6

39 Special Education Capacity Fund Special Education Compliance Fund Weighting provided in addition to special education level add-on weightings on a per student basis for each student identified as eligible for special education. Weighting provided in addition to special education level add-on weightings on a per student basis for each student identified as eligible for special education $, $1,460 "Residential D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.70 $15,511 7

40 "Residential Add-ons: "Level/ Program "Level 1: Special Education - Residential "Level : Special Education - Residential "Level : Special Education - Residential "Level 4: Special Education - Residential "LEP/NEP - Residential Definition Additional funding to support the afterhours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Additional funding to support the afterhours level special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Additional funding to support the afterhours level special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Additional funding to support the afterhours level 4 special education needs of limited and non- English proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Additional funding to support the afterhours Limited and non-english proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Weighting Per Pupil Supplemental FY $, $1, $6,84.94 $6, $6,04 8

41 1 "Special Education Add-ons for Students with Extended School Year ("ESY") Indicated in Their Individualized Education Programs ("IEPs"): 4 "Level/ Program "Special Education Level 1 ESY "Special Education Level ESY Definition Weighting Per Pupil Supplemental FY 01 Additional funding to support the summer school/program need for students who require extended school year (ESY) services in their IEPs. Additional funding to support the summer school/program need for students who require extended school year (ESY) services in their IEPs $ $, "Special Education Level ESY "Special Education Level 4 ESY Additional funding to support the summer school/program need for students who require extended school year (ESY) services in their IEPs Additional funding to support the summer school/program need for students who require extended school year (ESY) services in their IEPs $4, $4,55" SUBTITLE B. SCHOOL BASED BUDGETING AND ACCOUNTABILITY Sec Short title. This subtitle may be cited as the School Based Budgeting and Accountability Amendment Act of 01. 9

42 Sec. 41. Section 1104 of the School Based Budgeting and Accountability Act of 1998, effective March, (D.C. Law 1-175; D.C. Official Code 8-80), is amended as follows: (a) Subsection (a) is amended by striking the text and adding new paragraphs (1) and () to read as follows: (1) Commencing on December 15, 01 and every 5 years thereafter, the Mayor shall prepare and submit to the Council for its review and approval a comprehensive 5-year Master Facilities Plan for public education facilities in the District of Columbia in accordance with this section. The Council shall vote on the 5-year Master Facilities Plan concurrently with its vote on the Mayor s capital budget proposal. If approved by the Council, the 5-year Master Facilities Plan shall take effect on the first day of the succeeding Fiscal Year. () Council shall conduct at least one public hearing on the proposed 5-year Master Facilities Plan prior to approval. () If, subsequent to Council approval of the 5-year Master Facilities Plan, material changes to the plan become necessary, the Mayor may modify the plan; provided, however, that any such modification shall be submitted to the Council for review and approval along with the Mayor s annual submission of a capital budget recommendation for public schools. (b) Subsection (b) is amended by re-numbering paragraph () as paragraph () and by adding a new subparagraph (k) to the new paragraph () to read as follows: (k) A school disposition plan delineating the process through which citizen involvement shall be facilitated, and establishing the criteria that shall be utilized in disposition decisions, one of which must be consideration of the impact of any proposed new use of a school building on the neighborhood in which the building is located. 0

43 (b) Subsection (b) is amended by and by adding a new paragraph () to read as follows: () Commencing on April 15 th, 01, OPEFP shall conduct an annual survey to update information on the enrollment, utilization and condition of each public school facility and shall make such information available to the public on the Mayor s website by December 1st of each year. TITLE V. HEALTH AND HUMAN SERVICES SUBTITLE A. DEPARTMENT OF MENTAL HEALTH ENTERPRISE FUND Sec Short title This subtitle may be cited as the Department of Mental Health Enterprise Fund Establishment Act of 01. Sec. 50. (a) There is established within the General Fund for the District of Columbia a segregated, non-lapsing account, to be designated the Department of Mental Health Enterprise Fund, into which shall be deposited all fees, proceeds and revenues collected from the activities and operations of a food cafeteria managed and operated by the Department of Mental Health ( Department ) on the St. Elizabeth Hospital Campus to serve Department staff and St. Elizabeth Hospital patients. (b) Monies from the Fund shall only be used for the management and operation of the food cafeteria managed and operated by the Department on the St. Elizabeth Hospital Campus. TITLE VI. TRANSPORTATION, PUBLIC WORKS, AND THE ENVIRONMENT SUBTITLE A. PARK MOBILE O-TYPE CREATION Sec. 601 Short title. This subtitle may be cited as the Department of Transportation Parking Meter Pay-byphone Transaction Fee Fund Amendment Act of 01. 1

44 Sec. 60. The Department of Transportation Establishment Act of 00, effective April 8, 011 (D.C. Law 18 70; 58 DCR 66), is amended by adding a new section 9f to read as follows: Sec. 9f. The District Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund. (a) There is established as a nonlapsing fund the District Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund ( Fund ), which shall be administered by the Director of the District Department of Transportation and which shall be used by the District Department of Transportation to pay the vendor responsible for maintaining the parking meter pay-by-phone payment system. (b) Notwithstanding Section (8) of the District of Columbia Motor Vehicle Parking Facility Act of 194, approved February 16, 194 (56 Stat. 91; D.C. Official Code 50-60), all transaction fees added to the parking meter fees of parking meter users who pay for parking with the pay-by-phone system shall be deposited into the Fund, beginning October 1, 01. (c) Except as provided in subsection (d) of this section, the monies in the Fund shall not be a part of, or lapse into, the General Fund of the District or any other fund of the District. (d) The Fund shall terminate two years from the effective date of this Act and any remaining monies in the Fund shall be deposited into the General Fund. Sec. 60. Section 11 of An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 0, 199, and for other purposes, approved April 4, 198 (5 Stat. 19; D.C. Official Code 50 6), is repealed.

45 Sec Section (5) of the District of Columbia Motor Vehicle Parking Facility Act of 194, approved February 16, 194 (56 Stat. 91; D.C. Official Code 50-60(5)), is amended by striking the phrase, in addition to those mechanical parking meters and devices installed pursuant to the authority conferred on the said Mayor by 50-6, SUBTITLE B. STATE SAFETY AGENCY ESTABLISHMENT Sec Short title. This subtitle may be cited as the State Safety Oversight Agency Establishment Act of 01. Sec. 61. Section 1 of An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved June 0, 1906 (4 Stat. 14; D.C. Official Code 5 401), is amended by adding a new subsection (c) to read as follows: "(c) The Department shall serve as the State Safety Oversight Agency for the streetcar program in the District of Columbia, and the Fire Chief shall promulgate regulations in accordance with Federal Transit Administration requirements listed in 49 CFR Part 659". SUBTITLE C. DDOT OMNIBUS AMENDMENT Sec. 61. Short title. This subtitle may be cited as the District Department of Transportation Omnibus Amendment Act of 01. Sec. 6. The Highway Trust Fund Establishment Act of 1996, effective April 9, 1997 (D.C. Law ; D.C. Official Code et seq.), is amended as follows: (a) Section 10a (D.C. Official Code a), Subsection (d) is amended to include new paragraph () to read as follows:

46 () Beginning October 1, 01, monies in the Fund shall not be used for expenditures that are not eligible for federal reimbursement (non-participating costs). Monies in the Local Transportation Fund and Enterprise Fund for Transportation Initiatives shall be used for non-participating costs that are charged to Highway Trust Fund subprojects. Budget for nonparticipating costs shall be provided through a master project and shall be allocated to all Highway Trust Fund projects as needed. (b) D.C. Law is amended to include new Section 10(c) to read as follows: c. Cost Transfer Projects. For purposes of this subchapter: (1) the term indirect cost means a cost incurred for a common or joint purpose benefiting more than one project, and not readily assignable to the project specifically benefitted. () the term indirect cost rate means a device for determining in a reasonable manner the proportion of indirect costs each project should bear. () the term labor surcharges means the cost of employee fringe benefits, worker compensation insurance, leave, and similar labor related costs. (4) the term additive rate means the device used to represent labor surcharges as a percent of direct labor costs. (a) There is established the following cost transfer projects within the District Department of Transportation capital budget, which shall be used to collect labor surcharges and indirect costs that are recoverable with federally approved indirect and additive rates. (1) A Labor Cost Transfer project, which shall collect indirect labor costs and labor surcharges that cannot be directly charged to capital projects due to federal and local regulation, but are eligible for indirect and additive rate recovery, and 4

47 () An Administrative Cost Transfer project, which shall collect indirect material testing contract costs, Davis Bacon costs, the production costs of manuals and other administrative Federal Highway Administration support costs, as approved by the Chief Financial Officer of the District of Columbia, that are eligible for federal reimbursement. (b) The Labor Cost Transfer project shall be authorized no budget. The Administrative Cost Transfer project will be allocated budget authority for contractual services. All expenditures posted to the transfer projects during a fiscal year shall be reallocated to active projects based on approved indirect and additive rates, reallocated to the operating budget, or otherwise removed from the cost transfer projects by the end of that fiscal year. (c) Beginning October 1, 01, the Mayor shall submit to the Council, on a quarterly basis, a report certified by the Chief Financial Officer of the District of Columbia that provides the current cost transfer project expenditure balances, lists the projects or accounts to which any transfer project expenditures have effectively been charged or moved, and identifies the amount charged or moved. SUBTITLE D. WMATA MOU ESTABLISHMENT Sec. 61. Short title. This subtitle may be cited as the Washington Metropolitan Area Transit Authority Memorandum of Understanding Establishment Act of 01. Sec. 6. Section 1 of An Act To grant additional powers to the Commissioners of the District of Columbia, and for other purposes, approved December 0, 1944 (58 Stat. 819; D.C. Official Code ), is amended by adding a new subsection (j-1) to read as follows: (j-1) Placement of orders with the Washington Metropolitan Area Transit Authority. Notwithstanding the Procurement Practices Reform Act of 010, effective April 8, 5

48 (D.C. Law 18-71; D.C. Official Code et seq.), the Mayor, or his or her delegate, may contract with the Washington Metropolitan Area Transit Authority for materials, supplies, equipment, work, or services of any kind. Contracts as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts under subsections (j) or (k) of this section. For the purposes of this section, the District Department of Transportation shall be an authorized delegate.. SUBTITLE E. PERFORMANCE PARKING EXPANSION Sec Short title. This subtitle may be cited as the Performance Parking Zone Expansion Amendment of 01. Sec. 64. Section of the Performance Parking Pilot Zone Act of 008, effective November 5, 008 (D.C. Law 17-79; D.C. Official Code 50-51) is amended as follows: (a) Subsection (a) is amended as follows: (1) Strike the phrase Pilot. () Strike the phrase within and around established performance parking pilot zones and insert the phrase citywide in its place. (b) Subsection (b) is amended by striking the phrase performance parking pilot zones. (c) Subsection (c) is amended by striking the phrase Within each performance parking pilot zone, the and inserting the phrase The in its place. (d) Subsection (d) is amended by striking the phrase Within each performance parking pilot zone, and notwithstanding and inserting the phrase Notwithstanding in its place. (e) Subsection (e) is amended by striking the phrase within a performance parking pilot zone,. 6

49 1 (f) Subsection (f) is amended by striking the phrase within a performance parking pilot zone, (g) Subsection (g) is amended by striking the phrase each performance parking pilot zone and inserting the phrase the Performance Parking Program. Sec. 64. Section a(a) of the Performance Parking Pilot Zone Act of 008, effective November 5, 008 (D.C. Law 17-79; D.C. Official Code (a)) is amended by striking the phrase Pilot Zones and inserting the phrase Program in its place. Sec Section, a, and 4 of the Performance Parking Pilot Zone Act of 008, effective November 5, 008 (D.C. Law 17-79; D.C. Official Code 50-5) are repealed. Sec Section 5(a) of the Performance Parking Pilot Zone Act of 008, effective November 5, 008 (D.C. Law 17-79; D.C. Official Code 50-54(a)) is amended to read as follows: (a) All annual curbside parking fee revenue from the Performance Parking Program shall be used to fund the general operations of the Washington Metropolitan Area Transit Authority, except that portion which is necessary to transfer to the District Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund to pay the vendor responsible for maintaining the parking meter pay-by-phone payment system s annual total of transaction fees.. Sec Section 6 of the Performance Parking Pilot Zone Act of 008, effective November 5, 008 (D.C. Law 17-79; D.C. Official Code 50-55) is amended as follows: (a) Subsection (a) is amended by striking the phrase pilot zone and inserting the phrase program in its place. 7

50 (b) Subsection (b) is amended by striking the phrase pilot zone and inserting the phrase program in its place. (c) Subsection (c) is amended by striking the phrase a performance parking pilot zone and inserting the phrase the performance parking program in its place. (d) Subsection (d) is amended by striking the phrase each performance parking pilot zone each place it appears and inserting the phrase the performance parking program in its place. (e) Subsection (e) is amended by striking the phrase pilot zone each place it appears and inserting the phrase program in its place. SUBTITLE F. D.C. TAXICAB DROP FEE Sec Short title. This subtitle may be cited as the District of Columbia Taxicab Commission Fund Amendment Act of 01. Sec. 65. The second sentence of section 0a(a) of the District of Columbia Taxicab Commission Establishment Act of 1985, effective May 10, 1988 (D.C. Law 7-107; D.C. Official Code 50-0(a)), is amended to read as follows: The Fund shall consist of: (1) all assessments levied by the Commission against taxicab operators upon the issuance and renewal of a public vehicle operator's identification license issued pursuant to 47-89(e), held in miscellaneous trust funds by the Public Service Commission of the District of Columbia and the Office of the People's Counsel prior to June, 1987, pursuant to 4-91(a); and ()(A) the proceeds of a fee or fees established by the Commission, by rule, which is estimated to aggregate at least $1 million in Fiscal Year 01, and each fiscal year thereafter, or (B) any other amounts designated by law, rule, or reprogramming 8

51 to be deposited into the Fund in an amount which is estimated to aggregate at least $1 million in Fiscal Year 01, and each fiscal year thereafter.. TITLE VII. FINANCE AND REVENUE SUBTITLE A. SUBJECT TO APPROPRIATIONS REPEALERS Sec Short title. This subtitle may be cited as the Subject to Appropriations Repealers Amendment Act of 01. Sec. 70. Section of the United House of Prayer for All People Real Property Tax Exemption Act of 011, effective December, 011 (D.C. Law 19-5; 58 DCR 5949), is repealed. Sec. 70. Section 4 of the Samuel J. Simmons NCBA Estates No. 1 Limited Partnership Real Property Tax Exemption and Equitable Real Property Tax Relief Act of 010, effective March 1, 011 (D.C. Law 18-11; 57 DCR 196), is repealed. Sec Section 601 of the South Capitol Street Memorial Amendment Act of 01, effective (D.C. Bill ; 58 DCR ) is amended to read as follows: Title I, Title III, Section 15(c) of Section 40 of Title IV, Section 50 of Title V, and Section 60 of Title VI of this act shall take effect subject to the inclusion of its fiscal effect in an approved budget and financial plan.. Sec Section (d) is amended by creating a new paragraph (d)() to read as follows: () The real property tax exemption granted by paragraph (1) of this subsection shall apply to Square 5190, lots 806, 807, and 808, and Square 548 lots 1,,, 4, 5, 6, 7, and 8 for the consecutive real property tax years beginning with Tax Year

52 Sec Section of the Washington Ballet Equitable Real Property Tax Relief Act of 011, effective January 1, 01 (D.C. Law ; 58 DCR ) is repealed. SUBTITLE B. TARGETED RETIREMENT DISTRIBUTION WITHHOLDING Sec Short title. This subtitle may be cited as the Targeted Retirement Distribution Withholding Amendment Act of 01 Sec. 71. Section (m) of the District of Columbia Official Code is amended by striking the current subsection (m) and inserting the following in its place: (m)(1) If a resident payee receives any previously untaxed distribution of their retirement plan account that is not an annuity or payment similar to an annuity payment, District income tax shall be withheld by the payor at the highest District individual income tax rate as exists at the time of the distribution. () Paragraph (1) will not apply: (A) to an eligible rollover distribution that is effected as a direct 1 trustee to trustee transfer; or (B) to a rollover from an IRA to a traditional or Roth IRA that is effected as a direct trustee to trustee transfer. () For the purposes of this subsection, the terms retirement account or retirement plan mean: (A) A qualified employee plan; (B) A qualified employee annuity plan; (C) A defined contribution plan; (D) A defined benefit plan; 40

53 1 (E) A tax sheltered annuity plan; (F) An individual retirement account; (G) Any combination of the plans and account listed in subparagraphs 4 (A) through (F); or 5 (H) Any similarly situated plan as defined by the Internal Revenue 6 Code. 7 (4) This subsection shall be applicable for distributions made after December 1, SUBTITLE C. SUBSIDIZED NONPROFIT RENTAL UNIT FEE EXEMPTION AMENDMENT Sec. 71. Short title. This subtitle may be cited as the "Subsidized Nonprofit Rental Unit Fee Exemption Amendment Act of 01". Sec. 7. Section 401 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code ), is amended by adding a new subsection (c) to read as follows: (c) (1) A nonprofit rental housing provider shall be exempt from the rental unit fee if the provider: (A) Establishes rent schedules for 440 or more subsidized housing units affordable to tenants from low-income, very-low income, or extremely low-income households, as these incomes are defined in section of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-0; D.C. Official Code 4-801); and 41

54 (B) Does not receive subsidies, but whose income-restricted units would otherwise satisfy the eligibility requirements, under: (i) The Housing Choice Voucher Program under section 8 of the United States Housing Act of 196 (50 Stat. 888; 4 U.S.C. 147(f)); or (ii) The Low Income Housing Tax Credit under section 114 of the Revenue Reconciliation Act of 199 (107 Stat. 1; 6 U.S.C. 4) () For the purpose of this section, the term nonprofit rental housing provider means an organization operating rental units or housing accommodations on a nonprofit basis under which no part of the net earnings of the housing provider inure to the benefit of or are distributable to its directors, officers, or any other private individual except as reasonable compensation for services rendered to the housing provider.. SUBTITLE D. EMPLOYER USE TAX RETURNS Sec. 71. Short title. This subtitle may be cited as the Employer Use Tax Return Act of 01. Sec. 7. A new subsection (g) is added to Section of the District of Columbia Official Code to read as follows: (g)(1) Any employer required to file a DC withholding tax return, who is not required to collect and remit sales tax, shall file an annual use tax return on or before October 0 of each year, in the manner prescribed by the Chief Financial Officer, remitting with such return the use taxes which are due. () The Chief Financial Officer may permit or require the returns to be made for other periods and upon such other dates as he may specify; provided that the gross receipts during any tax year shall be included in returns covering such year and no other. 4

55 SUBTITLE E. OVERPAYMENT INTEREST RATE Sec Short title. This subtitle may be cited as the Overpayment Interest Rate Act of 01. Sec. 74. Section of the District of Columbia Official Code is amended as follows: (a) The text in subsection (c) is renumbered to be (c)(1) and the word The is struck and replaced with For overpayments on which interest is due on or before December 1, 01, the ; (b) New subparagraph (c)() is added to read as follows: () For overpayments on which interest is due beginning January 1, 01, the overpayment rate for each annual period shall be one percentage point above the Primary Credit Discount Rate for the Richmond Federal Reserve Bank as of the previous September 0, not exceeding 6% in the aggregate.. SUBTITLE F. LOWER EFT PAYMENT Sec Short title. This subtitle may be cited as the The Non-Individual Income Tax Electronic Filing Threshold Amendment Act of 01". Sec. 75. Chapter 44 of Title 47 of the D.C. Official Code is amended as follows: (a) Section (c) is amended by striking the figure $10,000 and inserting the figure $5,000 in its place. SUBTITLE G. HOMESTEAD DEDUCTION, PERSONAL EXEMPTION, AND STANDARD DEDUCTION AMENDMENT 4

56 Sec Short title This subtitle may be cited as the Homestead Deduction, Personal Exemption, and Standard Deduction Amendment Act of 01. Sec. 76. Title 47 of the D.C. Official Code is amended as follows: (a) In 47-80(14) strike the first sentence and insert the phrase The term cost-ofliving adjustment for any real property tax year means an amount equal to the dollar amount of the homestead deduction provided in (a) and (a) multiplied by the difference between the Consumer Price Index for the preceding real property tax year and the Consumer Price Index for the real property tax year beginning October 1, 010 divided by the Consumer Price Index for the real property tax year beginning October 1, 010. in its place. (b) In 47-84(b)()(J) is amended to read as follows: (i) The current tax year's taxable assessment (determined by taking into account the owner-occupant residential tax credit under ); and (ii) The estimate of the proposed taxable assessment for the tax year (determined by taking into account an estimate of the owner-occupant residential tax credit under by using the amount of the current tax year s homestead deduction in lieu of the amount of the proposed tax year s homestead deduction).. (c) (11)(A) is amended to read as follows: (11)(A) Cost-of-living adjustment means an amount, for any calendar year, equal to the dollar amount set forth in paragraph (44)(A) and (B) of this section or (f)(1)(A) and (i) multiplied by the difference between the Consumer Price Index for the preceding calendar year and the Consumer Price Index for the calendar year beginning January 1, 011 divided by the Consumer Price Index for the calendar year beginning January 1,

57 SUBTITLE H. DELINQUENT TAXPAYER REFUND OFFSET Sec Short title. This subtitle may be cited as the "The Taxpayer Refund Offset for Department of Motor Vehicle Liabilities Act of 01". Sec. 77. Chapter 44 of Title 47 of the D.C. Official Code is amended as follows: (a) Section (c) is amended by making a new subsection (4) to read as follows: (4) To owe delinquent taxes, fees, fines or other liabilities to the Department of Motor Vehicles. SUBTITLE I. MUNICIPAL BOND TAX REPEAL Sec Short title. This subtitle may be cited as the Out-of-State Municipal Bond Tax Repeal Act of 01. Sec. 78. Section (a) of the District of Columbia Official Code is amended as follows: (a) Paragraph (1)(B) is amended by striking the phrase For individuals, estates, and trusts, interest upon the obligations of a state, territory of the United States, or any political subdivision thereof, but not including the District, acquired by the taxpayer on or after January 1, 01, shall be included in the computation of District gross income. and inserting the phrase Individuals, estates, and trusts shall not include interest on the obligations of the District of Columbia, a state, a territory of the United States, or any political subdivision thereof, in the computation of District gross income. in its place. (b) Paragraph (1A) is repealed in its entirety. Sec. 78. This subtitle will apply if and only if the Chief Financial Officer certifies that sufficient revenue is available in the three remaining 01 revenue estimates to fund items 1-6 in 45

58 Title X, Subtitle A of the Fiscal Year 01 Budget Support Act of 01, the Revised Revenue Estimate Contingency Priority List of 01. This subtitle will apply on the date of the Chief Financial Officer s certification. SUBTITLE J. COMMERCIAL PROPERTY TAX RATE AMENDMENT Sec Short title. This subtitle may be cited as the Commercial Property Tax Rate Amendment Act of 01. Sec. 79. Section 47-81(b-9) of the District of Columbia Official Code is amended as follows: (a) Subsection (1)(A) is amended by striking the phrase $1.65 and inserting the phrase $1.55 in its place. (b) Section ()(A)(i) is amended by striking the phrase beginning October 1, 011, the tax rate shall be $1.65 and inserting the phrase beginning October 1, 01, the tax rate shall be $1.55 in its place. Sec. 79. This subtitle shall apply upon certification by the Office of the Chief Financial Officer that sufficient revenue is available in the three remaining 01 revenue estimates to fund items 1-1 in Title X, Subtitle A of the Fiscal Year 01 Budget Support Act of 01, the Revised Revenue Estimate Contingency Priority List of 01. TITLE VIII. BUDGET SUPPORT ACT CONFORMING AND TECHNICAL AMENDMENTS SUBTITLE A. PRIOR BUDGET SUPPORT ACT AMENDMENTS Sec Short title. This subtitle may be cited as the Prior Budget Support Act Amendments Act of

59 Sec. 80. The Fiscal Year 01 Budget Support Act of 011, effective September 14, 011 (D.C. Law ; 58 DCR 666) is amended as follows: (a) Section 9004(b) is amended by striking the phrase 816 and inserting the phrase 80 in its place. (b) Section 900 is repealed. (c) Section 9067 is amended as follows: (1) Subsection (a) is amended by striking the phrase () and inserting the phrase () in both places it appears. () A new subsection (c) is added to read as follows: (c) Section 70 (D.C. Official Code ) is repealed.. (d) Section 907 is amended to read as follows: Sec Animal Control License Fees Fund. Section 5 of the Animal Control Act of 1979, effective October 18, 1979 (D.C. Law -0; D.C. Official Code ), is amended as follows: (1) Add a new subsection (e-1) to read as follows: (e-1) All the fees collected pursuant to subsection (e) of this section shall be deposited in the General Fund of the District of Columbia.. () Section (i) is repealed. (e) Section 9099 is repealed. (f) A new section 9109 is added to read as follows: Notwithstanding any other law, the funds which are deposited in the fund designated for accounting purposes by the Office of the Chief Financial Officer as fund 51 within the 47

60 Metropolitan Police Department shall be deposited in the General Fund of the District of Columbia and shall not be accounted for by a separate fund or account within the General Fund of the District of Columbia. Any unexpended funds in the fund on the effective date of this subtitle shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia. Sec. 80. Section (f) of the District of Columbia Official Code is amended as follows: (a) Paragraph () is amended by striking the number 01 and inserting the number 016 in its place. (b) Paragraph () is amended by striking the phrase May 4, 011 and inserting the phrase May, 015 in its place. Sec Section 6 of the Revised Fiscal Year 01 Budget Support Technical Clarification Temporary Amendment Act of 011, effective December, 011 (D.C. Law 19-05; D.C. Official Code (a)(8)) is amended by striking the phrase $400, plus 6% of the excess over $40,000 and inserting the phrase $400, plus 6% of the excess over $10,000 in its place. Sec (a) Section (a) of the District of Columbia Official Code is amended as follows: (1) Paragraph (1)(B) is amended to read as follows: (1)(B) For individuals, estates, and trusts, interest upon the obligations of a state, territory of the United States, or any political subdivision thereof, but not including the District, acquired by the taxpayer on or after January 1, 01, shall be included in the computation of District gross income.. 48

61 () Paragraph (1A) is repealed in its entirety. (b)(1) Paragraph 1(B) shall apply unless and until the Chief Financial Officer certifies that sufficient revenue is available in the three remaining 01 revenue estimates, whereupon subtitle I of Title VII of the introduced version of the Fiscal Year 01 Budget Support Act of 01 will become effective. (Municipal Bond Repeal). () Upon the date of the Chief Financial Officer s certification of sufficient revenue pursuant to Section (b)(1), Section (a)(1)(B) is repealed.. Sec Section (a) of the District of Columbia Official Code is amended by adding a new paragraph (8) to read as follows: (8)(A) In the case of a taxable year beginning after December 1, 011, there is imposed on the taxable income of every resident a tax determined in accordance with the following table: 1 If the taxable income is: The tax is: Not over $10, % of the taxable income Over $10,000 but not over $40,000 $400, plus 6% of the excess over $10,000. Over $40,000 but not over $50, $,00, plus 8.5% of the excess over $40,000 Over $50,000. $8,550, plus 8.95% of the excess above $50,000. (B) This paragraph shall expire as of January 1, SUBTITLE B. FY 011 O-TYPE UN-DESIGNATION AMENDMENT Sec Short title. This subtitle may be cited as the FY 011 O-type Un-Designation Amendment Act of 01". 49

62 Sec. 81. Section of the Fiscal Year 01 Budget Support Act of 011, effective September 14, 011 (D.C. Law ; D.C. Official Code ) is amended as follows: Sec Special purpose revenue. (a) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall undesignate the full remaining balance in these accounts, at the end of fiscal year 011, to the unrestricted fund balance of the General Fund of the District of Columbia. The estimated dollar amounts to be swept appear in the following chart (FY11 Undesignation): Fund Agency Title Agency Fund Title FY11 Undesignation 1459 DEPARTMENT OF REAL ESTATE SERVICES RENT $,015, OFFICE OF CHIEF FINANCIAL OFFICER COMPLIANCE & REAL PROP TX ADMIN FUND $1,54, OFFICE OF THE ATTORNEY GENERAL DUI $1,45 61 OFFICE OF THE ATTORNEY GENERAL ANTIFRAUD FUND $17,79 60 OFFICE OF THE ATTORNEY GENERAL ANTI-TRUST FUND $65, OFFICE OF THE ATTORNEY GENERAL 6109 DC PUBLIC LIBRARY CONSUMER PROTECTION FUND Miscellaneous Customer Service $1,40,000 $9 610 DC PUBLIC LIBRARY BOOKSTORE - DCPL $86, DC PUBLIC LIBRARY MISCELLANEOUS $9, DC PUBLIC LIBRARY RESTRICTED FINES $44,444 6 DEPARTMENT OF EMPLOYMENT SERVICES 6015 OFFICE OF TENANT ADVOCATE PROCEEDS C STREET, N.E. RENTAL ACCOMMODATION FEES $100,000 $795, OFFICE OF TENANT ADVOCATE CONDO CONVERSION $1,160, DEPT. OF CONSUMER AND REGULATORY AFFAIRS CONSTRUCTION/ZONING COMPLIANCE MGMT FUND $4, DEPT. OF CONSUMER AND REGULATORY AFFAIRS ENHANCED SURVEYOR FUNCTION $69,566 50

63 6 Department of Small and Local Business Development 1607 METROPOLITAN POLICE DEPARTMENT COMMERCIAL TRUST FUND $98,0 SALE OF UNCLAIMED PROPERTY $715, OFFICE OF ADMINISTRATIVE HEARINGS ADJUDICATION FINES $ OFFICE OF THE CHIEF MEDICAL EXAMINER STATE SUPERINTENDENT OF EDUCATION (OSSE) STATE SUPERINTENDENT OF EDUCATION (OSSE) OFF PUBLIC ED FACILITIES MODERNIZATION OFF PUBLIC ED FACILITIES MODERNIZATION 641 DEPARTMENT OF HEALTH MEDICAL EXAMINER FEES $56,8 PRE-K PROGRAM ASSISTANCE FUND $97,999 OPLA - SPECIAL ACCOUNT $15,95 BOE-REAL PROPERTY IMPROV/MAINT FUND $06,76 LEASE INCOME $1,56,678 OTHER MEDICAL LICENSES AND FEES $5, DEPARTMENT OF HEALTH HEALTH FACILITY FEE $5, DEPARTMENT OF HEALTH 61 DEPARTMENT OF HEALTH ANIMAL CONTROL DOG LICENSE FEES FOOD HANDLERS CERTIFICATION $,98 $85, DEPARTMENT OF HEALTH VITAL RECORDS REVENUE $174, DEPARTMENT OF HEALTH CARE FINANCE HCSN REVOLVING FUND $1, DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT 6967 DEPARTMENT OF PUBLIC WORKS 61 DEPARTMENT OF MOTOR VEHICLES 4010 OFFICE OF CONTRACTING AND PROCUREMENT ADJUDICATION HEARINGS (AIR QUALITY) UNDERGROUND STORAGE TANK FINES AND FEES GENERAL ENFORCEMENT FINES AND FEES LEAD BASED CERTIFICATION FEES PESTICIDE PRODUCT REGISTRATION LEAD POISONING PREVENTION FUND HAZARDOUS GENERATOR FEES ABANDONED VEHICLE PROGRAM DRIVERS EDUCATION PROGRAM DC SURPLUS PERSONAL PROPERTY SALES OPER. $8,481 $9,9 $119,51 $156,14 $68,69 $16,476 $0,91 $111,5 $68,570 $9,061 51

64 6900 DEPARTMENT OF TRANSPORTATION DDOT OPERATING FUND $1,649, DEPT. OF HOUSING AND COMM. DEVELOPMENT DEPUTY MAYOR FOR ECONOMIC DEVELOPMENT 600 DEPARTMENT OF HEALTH 665 DEPARTMENT OF HEALTH DISTRICT DEPARTMENT OF THE ENVIRONMENT DEPART OF INSURANCE,SECURITIES & BANKING 8014 John A. Wilson Building Fund 6 DISTRICT OF COLUMBIA PUBLIC SCHOOLS 1440 DEPARTMENT OF REAL ESTATE SERVICES DEPUTY MAYOR FOR ECONOMIC DEVELOPMENT DISTRICT OF COLUMBIA PUBLIC SCHOOLS STATE SUPERINTENDENT OF EDUCATION (OSSE) STATE SUPERINTENDENT OF EDUCATION (OSSE) DEPARTMENT OF PARKS AND RECREATION HOUSING PRODUCTION TRUST FUND NEIGHBORHOOD INVESTMENT FUND SPECIAL PURPOSE REVENUE FUND ADJUDICATION HEARINGS (WATER QUALITY) $16,444 $8 $45 $4,000 RETF - PEPCO $8,76 JUNIOR SUPERSAVERS CLUB $9,000 WILSON BUILDING NOTES PAYABLE DHHS AFTERSCHOOL PROG- COPAYMENT RFK & DC ARMORY MAINTENANCE FUND INDUSTRIAL REVENUE BOND PROGRAM $91,587 $1,890 $169,988 $,90,415 CUSTODIAL $1,55 STATE SUPERINTENDENT OF EDUCATION FEES $6,486 GED TESTING FEES $64,747 ENTERPRISE FUND ACCOUNT $14, DEPARTMENT OF HEALTH EMS FEES $7, DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT 6100 DEPARTMENT OF MOTOR VEHICLES 6000 DEPARTMENT OF MOTOR VEHICLES 100 TAXI CAB COMMISSION 610 OFFICE OF MOTION PICTURES & TELEVISION RESIDENTIAL ESSENTIAL SERVICES (RES) $,940 ECONOMY II $11,986 RESIDENTIAL AID DISCOUNT (RAD) FEE - OUT-OF-STATE VEHICLE REGISTRATION GENERAL "O" TYPE REVENUE SOURCES JUSTICE DEPARTMENT FINGERPRINTS $56,994 $96,19 $596,17 $1,768 PRODUCTION SUPPORT $,090 TOTAL $1,08,90 1 5

65 (b) Notwithstanding any provision of law limiting the use of funds in the accounts listed in the following chart, the Chief Financial Officer shall undesignate, at the end of fiscal year 011, the exact dollar amounts (or the full amount if less than what is listed) in the following chart to the unrestricted fund balance of the General Fund of the District of Columbia (FY11 Undesignation). Additionally, local revenue shall be deposited in the accounts of the following agencies for fiscal year 01 based upon the exact dollar amounts in the following chart (FY1 Deposit): Fund Agency Title Agency Fund Title 6008 DEPT. OF CONSUMER AND REGULATORY AFFAIRS 606 OFFICE OF CHIEF FINANCIAL OFFICER FY11 Undesignation FY1 Deposit R-E GUAR. & EDUC. FUND $74,78 $7,780 RECORDER OF DEEDS SURCHARGE $1,749,845 $1,749, DC PUBLIC LIBRARY COPIES AND PRINTING $66,008 $ DEPT. OF CONSUMER AND REGULATORY AFFAIRS DEPT. OF CONSUMER AND REGULATORY AFFAIRS DEPT. OF CONSUMER AND REGULATORY AFFAIRS DEPT. OF CONSUMER AND REGULATORY AFFAIRS DEPT. OF HOUSING AND COMM. DEVELOPMENT DEPT. OF HOUSING AND COMM. DEVELOPMENT DEPT. OF HOUSING AND COMM. DEVELOPMENT 600 DEPARTMENT OF CORRECTIONS BOARD OF ENGINEERS FUND $96,88 $96,88 BASIC BUSINESS LICENSE FUND $65,761 $65,761 OPLA - SPECIAL ACCOUNT $777,765 $587,019 GREEN BUILDING FUND $96,14 $0 DHCD UNIFIED FUND $1,866,116 $0 HPAP - REPAY $1,95,59 $57,97 SR CITIZENS HOME REPAIR $77,58 $0 CORRECTIONS TRUSTEE REIMBURSEMENT $554,645 $0 6 DEPARTMENT OF HEALTH PHARMACY PROTECTION $815,788 $0 64 DEPARTMENT OF HEALTH BOARD OF MEDICINE $,084,486 $0 61 DEPARTMENT OF HEALTH CARE FINANCE 6 DEPARTMENT OF HEALTH CARE FINANCE 64 DISTRICT DEPARTMENT OF THE ENVIRONMENT MEDICAID COLLECTIONS-RD PARTY LIABILITY BILL OF RIGHTS-(GRIEVANCE & APPEALS) SOIL EROSION/SEDIMENT CONTROL $75 $0 $77,71 $0 $1,4,04 $0 5

66 6700 DISTRICT DEPARTMENT OF THE ENVIRONMENT SUSTAINABLE ENERGY TRUST FUND $9,66,17 $6,8, DEPARTMENT OF PUBLIC WORKS DISTRICT RECYCLE PROGRAM $90,61 $0 608 DEPARTMENT OF PUBLIC WORKS SOLID WASTE DISPOSAL FEE FUND $09,809 $ DEPARTMENT OF PUBLIC WORKS CLEAN CITY FUND $440,574 $ ALCOHOLIC BEVERAGE REGULATION ADMIN. DEPART OF INSURANCE,SECURITIES & BANKING DEPART OF INSURANCE,SECURITIES & BANKING ABC Keg Registration Fees $,18 $0 HMO ASSESSMENT $7,58 $7,58 INSURANCE ASSESSMENT $890,6 $619, TAXI CAB COMMISSION TAXICAB ASSESSMENT ACT $5,59 $8,4 605 OFFICE OF THE ATTORNEY GENERAL 604 OFFICE OF THE ATTORNEY GENERAL 60 OFFICE OF THE ATTORNEY GENERAL 611 DEPARTMENT OF EMPLOYMENT SERVICES Child Support - Interest Income Child Support - Reimbursements & Fees CHILD SPT - TANF/AFDC COLLECTIONS WORKERS' COMPENSATION ADMIN. $1,496 $1,496 $1,960 $1,960 $,,11 $446,908 $,819,914 $,819, OFFICE OF PEOPLE'S COUNSEL ADVOCATE FOR CONSUMERS $100,870 $0 6 DEPUTY MAYOR FOR ECONOMIC DEVELOPMENT AWC & NCRC DEVELOPMENT (ED SPECIAL ACCT) $1,750,000 $0 778 METROPOLITAN POLICE DEPARTMENT ASSET FORFEITURE $75,088 $75, DEPARTMENT OF HUMAN SERVICES SSI PAYBACK $,417,706 $ DEPARTMENT OF REAL ESTATE SERVICES 001 OFFICE OF MUNICIPAL PLANNING EASTERN MARKET ENTERPRISE FUND HIST. LANDMARK & HIST. DIST. FILING FEES $111,745 $111,745 $7,100 $17, DEPARTMENT OF EMPLOYMENT SERVICES U. I. INTEREST/PENALTIES $51,00 $51,00 64 DEPARTMENT OF EMPLOYMENT SERVICES UI ADMINISTRATIVE ASSESSMENT $1,116,780 $0 600 OFFICE OF CABLE TV CABLE FRANCHISE FEES $,4,75 $500, STATE SUPERINTENDENT OF EDUCATION (OSSE) 6140 DEPARTMENT OF TRANSPORTATION 6400 DISTRICT DEPARTMENT OF THE ENVIRONMENT CHARTER SCHOOL CREDIT ENHANCEMENT FUND TREE FUND (EST DC ACT ) DC MUNICIPAL AGGREGATION PROGRAM $5,651,166 $5,651,166 $68,499 $68,499 $15,569 $0 54

67 670 DISTRICT DEPARTMENT OF THE ENVIRONMENT ANACOSTIA RIVER CLEAN UP FUND $91,197 $0 66 DISTRICT DEPARTMENT OF THE ENVIRONMENT RENEWABLE ENERGY DEVELOPMENT FUND $457,601 $ DISTRICT DEPARTMENT OF THE ENVIRONMENT ENERGY ASSISTANCE TRUST FUND $,58,69 $ ALCOHOLIC BEVERAGE REGULATION ADMIN. ABC - IMPORT AND CLASS LICENSE FEES $,470,86 $,190, MEDICAL LIABILITY CAPTIVE INS AGENCY CAPTIVE INSURANCE FUND $,40,449 $ TOTAL $56,587,407 $6,07,065 TITLE IX. CAPITAL BUDGET SUBTITLE A. DDOT CAPITAL PROJECT REVIEW AND RECONCILIATION Sec Short title. This subtitle may be cited as the District Department of Transportation Capital Project Review and Reconciliation Act of 01. Sec. 90. Definitions. For purposes of this act, the term: (1) CFO means the Chief Financial Officer. () Director of Capital Programs means the Director of Capital Programs within the Office of Budget and Planning of the Office of the Chief Financial Officer. () Local Streets Ward-based capital projects means the Department of Transportation s 8 Local Streets Ward-Based capital projects (Project No. SR01-SR08) that endeavors to preserve, maintain, repair or replace the District s sidewalks, curbs and local roads. (4) Inactive means that no non-personal service funds have been obligated or expended for the capital project during the preceding calendar months. Sec. 90. Criteria for closing capital projects. 55

68 (a) For any capital project funded from revenues in the Local Transportation Fund, the CFO, in consultation with the Mayor, may close the project if it: (1) Has obligated or expended funds in excess of its approved budget; or () Has been inactive for 1 months or more. (b) For any capital project funded from revenues in the Highway Trust Fund, the CFO, in consultation with the Mayor and the Federal Highway Administration Division, may close the project if it: (1) Has been closed by the United States Department of Transportation; () Has an open balance of: (A) $500,000 or more, and has been inactive for 1 months; (B) Between $50,000 and $499,999, and has been inactive for 4 months; (C) Less than $50,000, and has been inactive for 6 months; or () Has obligated or expended funds in excess of its approved budget. (c) If a capital project has a budget allotment in excess of its budget authority, the CFO, in consultation with the Mayor, may adjust the allotment to match the correct budget authority. (d) The CFO may delegate the authority granted to him or her by this section to the Director of Capital Programs. Sec Use of funds resulting from closure. (a) Funds resulting from the closure of capital projects pursuant to section (a) shall be allocated equally among the Local Streets Ward-based capital projects. (b) Funds resulting from the closure of capital projects pursuant to section (b) shall be allocated to the FHWA capital projects approved for the current Fiscal Year as part of that year s Budget Request Act of

69 Sec Quarterly summary. The CFO shall submit to the Mayor and the Council a quarterly summary of all capital project closures conducted pursuant to this act. SUBTITLE B. CAPITAL BUDGET REPORTING REQUIREMENTS Sec Short title. This subtitle may be cited as the Capital Budget Reporting Requirements Act of 01. Sec. 91. Beginning October 1, 01, the Mayor shall submit to the Council, on a quarterly basis, a report certified by the Chief Financial Officer of the District of Columbia that provides the lists of the projects or accounts to which any budget obligations or cash expenditures have been charged or reclassified, under the Office of Contracting and Procurement s Article provision for emergency approval of expenditures for the District Department of Transportation. The quarterly reports shall include documentation of sufficient capital budget to support the obligations or expenditures. SUBTITLE C. CAPITAL BUDGET AUTHORITY TRANSFER Sec. 91. Short title. This subtitle may be cited as the Capital Budget Authority Transfer Act of 01. Sec. 9. The following capital budget adjustments shall be made: (a) Reduce current budget authority and allotment for the following: Project AW000 South Capitol Street Corridor Fund detail 00 $1,716,14 Fund Detail $6,085,114 Project TOP00 Transit Operations and Dedicated Facilities Fund Detail 00 $187,0 57

70 Fund Detail 050 $66,780 (b) Increase budget authority and allotment for the following: Project HTF00 11 th Street Bridge Fund Detail 00 $1,90,54 Fund Detail $6,748,894 SUBTITLE D. FY 010 CAPITAL PROJECT REALLOCATION APPROVAL Sec. 91. Short title. This subtitle may be cited as the "Fiscal Year 010 Capital Project Reallocation Approval Resolution of 01" Sec. 9. (a) Pursuant to and in accordance with Chapter of Title 47 of the District of Columbia Official Code, the Council approves the reallocation of District of Columbia general obligation bond proceeds in the amount of $0,996,44 currently allocated to the District capital projects listed in Table A to the District capital projects, in the amounts specified, listed in Table B (b) The current allocations were made pursuant to the Fiscal Year 000 General Obligation Bond Issuance Authorization Emergency Resolution of 000 (PR-1-658), the Fiscal Year 001 General Obligation Bond Issuance Authorization Resolution of 001 (PR-14-4), the Fiscal Year 00 General Obligation Bond Issuance Authorization Emergency Resolution of 00 (PR ), the Fiscal Year 00 General Obligation Bond Issuance Approval Resolution of 00 (PR-15-19), the Fiscal Year 004 General Obligation Bond Issuance Approval Emergency Resolution of 00 (PR-15-64), the Fiscal Year 005 General Obligation Bond Issuance Approval Resolution of 004 (PR ), the Fiscal Year 006 General Obligation Bond Issuance Approval Emergency Resolution of 005 (PR-16-56), the Fiscal Year

71 1 General Obligation Bond Issuance Approval Resolution of 007 (PR ), and the Fiscal Year 008 General Obligation Bond Issuance Approval Resolution of 007 (PR ). 4 5 TABLE A CAPITAL PROJECTS TO WHICH BOND PROCEEDS ARE CURRENTLY ALLOCATED Agency Project Implementing Project Title Bond Issuance Amount Agency Series DCPS MG6 DGS MONTGOMERY/KIPP EDU. 007A 94,0 CTR DCPS NA6 DGS BALLOU SH 007C 70,80 DCPS NB DGS BELL LINCOLN HIGH 007C 48,85 DCPS NB4 DGS BIRNEY ELEMENTARY 00A,004A,B,C 54,001 DCPS NC8 DGS CLEVELAND 007C 4,586 ELEMENTARY DCPS NJ DGS MACFARLAND MS 007A 1,10,698 DCPS NN6 DGS SHARPE HEALTH- 007C,65 RENOVATION DCPS NO1 DGS SLOWE ES 00B,C,D 10,0 DCPS NO DGS SMOTHERS ES 00B,C,D 1, DCPS NP9 DGS TURNER ES 007C 6,888 DCPS NQ DGS WALKER JONES ES 007A 819,004 DCPS NR8 DGS KELLY MILLER MS 007C 4,6 DCPS T DGS DCPS GENERAL I.T. 004A,B,C 1,041,980 DDOT CK DDOT FY0 ADVANCE DESIGN 005A 108,494 DDOT EDS DDOT GREAT STREETS 007A 4,555,55 INITIATIVES DDOT WTF DDOT RELOCATE GEORGTOWN 007A 06,975 SALT DOME TO RENO RD DGS AA DGS DC ARMORY 007C,169 DGS GR9 DGS RENOVATE OLD JUVENILE 001C 44,8 COURT BLDG DGS N14 DGS GOVERNMENT CENTERS 004A,B,C,1,48 DGS PL106C DGS GOVT CTRS POOL (ANACOSTIA-DOES-DHS) 008E 457,198 DGS WIL DGS WILSON BUILDING 005A 7,999 DHS SB6 DGS CCNV SHELTER 004A,B,C 10,000 DMH HX9 DMH SAINT ELIZABETH 001C 718 HOSPITAL IMPROVEMENTS DMH XA4 DMH DEMOLITION OF DIX/JHP 008E 7,8 DMV WA DMV BRENTWOOD RD NE-DMV 00A 8,101 DMV WA7 OCTO MSMP-MOTORIST 004A,B,C,178,7 SERVICES MODERNIZATION PROGRAM DOC CE DGS GEN. IMPROVEMENTS AT 004A,B,C

72 CENTRALDETENTION CENTER DPR QBS DGS GORGETOWN POOL & REC 00B,C,D 6 CENTER DPR QD1 DGS CAMP RIVERVIEW REC 004A,B,C 61,07 FACILITY DPW FM1 DPW FACILITY RENOVATION 00B,C,D 1,500 DPW DPW SW4 DPW SOLID WASTE 004A,B,C 4 MANAGEMENT FEMS FTS FEMS FIRE TRAINING 001C 401,06 SIMULATOR FEMS LA1 DGS ENGINE 1 COMPLETE 004A,B,C & 49,164 RENOVATION 005A FEMS LA7 DGS E-7/FLEET MAINTENANCE 005A 8,896 FEMS LB DGS ENGINE 1 COMPLETE 001C,007C 551 RENOVATION FEMS LB6 DGS ENGINE 15 COMPLETE 004A,B,C & 70,56 RENOVATION 005A FEMS LD1 DGS ENGINE 8 COMPLETE 00B,C,D 8,190 RENOVATION FEMS LD DGS ENGINE 9 COMPLETE 004A,B,C & 1,064,988 RENOVATION 005A FEMS LE DGS ENGINE 5 COMPLETE 004A,B,C 18,77 RENOVATION FEMS LE5 DGS ENGINE 14 COMPLETE 004A,B,C 0,987 RENOVATION FEMS LE7 DGS ENGINE 7 COMPLETE 004A,B,C 06,17 RENOVATION FEMS LF FEMS FLEET MAINTENANCE 004A,B,C 19,878 MPD DP6 MPD POLICE COMPUTERS 007C 1,60 OCA SM4 OCA HOMELESS NO MORE 008E 5,570 OCP MMS OCP PMIS ENHANCEMENT 001C 4,181 OCTO N18 OCTO DATA CENTER FACILITY 004A,B,C,956,568 IMPROVEMENTS UDC PA6 DGS BUILDING # 44 00B,C,D,05 TOTAL $ 0,996,44 TABLE B APPROVED CAPITAL PROJECTS TO WHICH BOND PROCEEDS ARE REALLOCATED Agency Project Implementing Project Title Bond Issuance Amount Agency Series WMATA TOP WMATA TRANSIT OPERATIONS & DEDICATED FACILITIES TITLE X. ADDITIONAL REVENUE CONTINGENCY LIST N/A $ 0,996,44 SUBTITLE A. REVISED REVENUE ESTIMATE CONTINGENCY PRIORITY 60

73 1 LIST Sec Short title. This subtitle may be cited as the Revised Revenue Estimate Contingency Priority List of Sec (a). If, pursuant to the Fiscal Year 01 Budget Request Act of 01, local revenues are certified, in the three remaining 01 revenue estimates, that exceed the annual revenue estimate incorporated in the approved budget and financial plan for this fiscal year, the revenues deposited in the Operating Cash Reserve shall be allocated in the following priority: (1) Department of Human Services - $7,000,000 to increase local funds for homeless services to cover the loss of federal block grant carryover funds; () Department of Human Services - $14,700,000 to increase TANF job program to universality; () Department of Healthcare Finance - $,05,74 for Alliance benefit restructuring and moving to primary and preventative care only for 0,000 beneficiaries; (4) D.C. Housing Authority - $19,969,048 to designate the Housing Production Trust Fund for the Local Rent Supplemental Program; (5) Deputy Mayor for Public Safety and Justice/Office of Victims Services - $,584,000 for Emergency and Transitional Housing, the restoration of the cut to core services, and to fund the Lethality Program; (6) General Fund Revenue - $1,100,000 to repeal the tax on out-of-state municipal bonds; (7) Office of the State Superintendent of Education - $8,550,000 for increasing infant and toddler services/early intervention slots by 95; 61

74 (8) Office of the State Superintendent of Education - $5,000,000 for special education improvement, compliance, and capacity building (11 FTEs); (9) Department of Human Services - $1,575,451 to increase local funds to cover the loss of federal funds in Family Services block grants, refugee services, emergency shelter, pregnancy and teen parenting; (10) Department of Housing and Community Development - $,900,000 to double local funding for the Home Purchase Assistance Program; (11) Department lf Mental Health - $1,900,000 for school based mental health staff; (1) General Fund Revenue - $10,000,000 to reduce the commercial property tax rate on the first $ million of assessed value from $1.65 to $1.55 per $100 of assessed value; (1) Department of Human Services - $,400,500 to increase local funds for homeless services to cover contractually mandated costs increases; (14) University of the District of Columbia - $6,47,766 to provide funding for the Community College of the District of Columbia; (15) University of the District of Columbia - $,000,000 to provide full funding requested by the University of the District of Columbia for early out; (16) Department of Housing and Community Development - $1,84,987 for the Small Business Technical Assistance Program; (17) Office of Planning - $1,500,000 for the Ward 8 Pilot budget challenge; (18) D.C. Public Library - $1,000,000 for the restoration of materials/acquisition budget; (19) Department of Corrections - $00,000 for Career Ladder promotions; 6

75 1 (0) Fire and Emergency Medical Services - $540,000 to expand Fire Cadet program; (1) District Department of the Environment - $1,000,000 for the sustainable D.C. 4 Pilot; 5 () D.C. Commission on Arts and Humanities $,000,000 increased funding 6 for the arts; 7 () Office on Aging - $76,874 to increase one FTE for the Senior Villages 8 coordinator; (4) Deputy Mayor for Planning and Economic Development - $1,000,000 for Destination DC/Events DC pilot advertising and marketing; and (5) D.C. Department of Human Resources - $0,000 to restore the Capital City Fellows Program (5 FTEs). (b) The District of Columbia may obligate and expend any increase in the amount of funds authorized by this section only if the Chief Financial Officer certifies the increase in revenue and certifies that the use of the amounts is not anticipated to have a negative impact on the long-term financial plan of the District. (c) If after the December revenue estimate, sufficient funds have not been identified in the financial plan to support the costs of recurring initiatives (4), (10), (15), (17), (18), (), and (4), these initiatives shall be funded in FY 01, as one-time only, to the extent that funds have been certified. TITLE XI. FISCAL IMPACT AND EFFECTIVE DATE Sec Fiscal impact statement. 6

76 The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal impact statement required by section 60(c)() of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 81; D.C. Official Code (c)()). Sec Effective date. 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), a 0-day period of Congressional review as provided in 60(c)(1) of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 81; D.C. Official Code (c)(1)), and publication in the District of Columbia Register. 64

77 ATTACHMENT B: Committee Print of B

78 FISCAL YEAR 01 BUDGET SUPPORT ACT OF 01 TABLE OF CONTENTS TITLE I. GOVERNMENT DIRECTION AND SUPPORT... 1 SUBTITLE A. BONUS AND SPECIAL PAY LIMITATION... 1 SUBTITLE B. HEALTH BENEFIT PLAN DISTRICT CONTRIBUTION AMENDMENT... SUBTITLE C. DEPARTMENT OF GENERAL SERVICES FACILITIES SERVICES REQUEST FUND ESTABLISHMENT... 4 SUBTITLE D. PUBLIC SECTOR WORKERS COMPENSATION RETURN TO WORK CLARIFICATION... 4 SUBTITLE E. DELINQUENT DEBT RECOVERY... 6 SUBTITLE F. DISTRICT OF COLUMBIA RETIREMENT BOARD ACTUARIAL METHOD... 1 SUBTITLE G. FINANCIAL DISCLOSURE AND ETHICS REFORM CLARIFICATION SUBTITLE H. HOME RULE ACT 40 TH ANNIVERSARY SUBTITLE I. COMPREHENSIVE MERIT PERSONNEL AMENDMENTS... 1 SUBTITLE J. ANTI-DEFICIENCY ACT AMENDMENTS SUBTITLE K. STATUTES AT LARGE.... TITLE II. ECONOMIC DEVELOPMENT AND REGULATION... SUBTITLE A. UNEMPLOYMENT COMPENSATION ADDITIONAL BENEFITS TRUST FUND STABILIZATION... SUBTITLE B. UNEMPLOYMENT COMPENSATION CLAIM PROCESSING EFFICIENCY AMENDMENT ACT... 4 SUBTITLE C. ECONOMIC DEVELOPMENT SPECIAL ACCOUNT REVIVAL AMENDMENT ACT... 5 SUBTITLE D. DEPUTY MAYOR FOR PLANNING AND ECONOMIC DEVELOPMENT LIMITED GRANT MAKING AUTHORITY... 7 SUBTITLE E. INAUGURAL CELEBRATION AND HOLIDAY EXTENSION OF HOURS ACT... 9 SUBTITLE F. OFF-PREMISES ALCOHOL... 1 SUBTITLE G. GASOLINE AND FUEL PUMP OCTANE MEASUREMENT AMENDMENT ACT... SUBTITLE H. RENT SUPPLEMENT PRIORITIZATION AND FUNDING... 4 SUBTITLE I. LOCAL JOB TRAINING QUARTERLY OUTCOME REPORT SUBTITLE J. COMPREHENSIVE AFFORDABLE HOUSING INVENTORY SUBTITLE K. WOMEN-OWNED BUSINESS EXPENDITURE REPORTING i

79 1 SUBTITLE L. DISTILLERY TASTING PERMIT AND CONSUMER SALES SUBTITLE M. FILM DC ECONOMIC INCENTIVE AMENDMENTS SUBTITLE N. HOUSING PRODUCTION AND JOB TRAINING FUNDING SUBTITLE O. BID AMENDMENT SUBTITLE P. PENNSYLVANIA AVENUE, S.E., RETAIL PRIORITY AREA TITLE III. PUBLIC SAFETY AND JUSTICE SUBTITLE A. NOTICE OF UNCLAIMED PROPERTY MODERNIZATION ACT SUBTITLE B. OAG CONTINGENCY FEE CONTRACT AUTHORIZATION SUBTITLE C. FIRE AND EMERGENCY MEDICAL SERVICES OVERTIME LIMITATION SUBTITLE D. SENTENCING AND CRIMINAL CODE REVISION MODIFICATION CLARIFICATION SUBTITLE E. OFFICE OF UNIFIED COMMUNICATIONS E-911 FUND CLARIFICATION SUBTITLE F. CANNABINOIDS TITLE IV. PUBLIC EDUCATION AND LIBRARIES SUBTITLE A. FUNDING FOR PUBLIC SCHOOLS AND PUBLIC CHARTER SCHOOLS... 5 SUBTITLE B. SCHOOL-BASED BUDGETING AND ACCOUNTABILITY SUBTITLE C. LIBRARY COLLECTIONS SUBTITLE D. UDC RIGHTSIZING SUBTITLE E. UDC COMMUNITY COLLEGE BRANCH STATUS APPLICATION SUBTITLE F. DISTRICT OF COLUMBIA SCHOOL REFORM AMENDMENT SUBTITLE G. HEALTHY SCHOOLS AMENDMENTS SUBTITLE H. EDUCATION FUNDING EQUITY SUBTITLE I. CHARTER SCHOOL RELOCATION ASSISTANCE TITLE V. HEALTH, HUMAN SERVICES, AND RECREATION SUBTITLE A. DEPARTMENT OF MENTAL HEALTH ENTERPRISE FUND ESTABLISHMENT SUBTITLE B. REPORTING REQUIREMENTS SUBTITLE C. MOSQUITO CONTROL AND ABATEMENT SUBTITLE D. NOT-FOR-PROFIT HOSPITAL CORPORATION FUND SUBTITLE E. SEH NURSE TRAINING PROGRAM SUBTITLE F. HEALTH NAVIGATOR COORDINATION PROGRAM SUBTITLE G. DHCF WAIVERS SUBTITLE H. MENTAL HEALTH PSYCHIATRIC SERVICES REIMBURSEMENT ii

80 SUBTITLE I. SAFE CHILDREN AND FAMILIES ENRICHMENT SERVICES TASK FORCE SUBTITLE J. PARKS POLICY AND PROGRAMS DIVISION SUBTITLE K. RESTORATION OF DC HEALTHCARE ALLIANCE SUBTITLE L. HOUSING FOR HOMELESS FAMILIES ACT OF SUBTITLE M. HEALTHCARE ALLIANCE PRESERVATION... 8 TITLE VI. TRANSPORTATION, PUBLIC WORKS, AND THE ENVIRONMENT... 8 SUBTITLE A. DEPARTMENT OF TRANSPORTATION PARKING METER PAY- BY-PHONE TRANSACTION FEE FUND AMENDMENT... 8 SUBTITLE B. STATE SAFETY OVERSIGHT AGENCY ESTABLISHMENT... 8 SUBTITLE C. DISTRICT DEPARTMENT OF TRANSPORTATION OMNIBUS SUBTITLE D. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY MEMORANDUM OF UNDERSTANDING ESTABLISHMENT SUBTITLE E. PERFORMANCE PARKING ZONE EXPANSION SUBTITLE F. DISTRICT OF COLUMBIA TAXICAB COMMISSION FUND... 9 SUBTITLE G. DDOT POLICY COMPENDIUM... 9 SUBTITLE H. HEALTHY AND EFFICIENT HOMES... 9 SUBTITLE I. FOSTER YOUTH TRANSIT SUBSIDY TITLE VII. FINANCE AND REVENUE SUBTITLE A. SUBJECT TO APPROPRIATIONS REPEALERS SUBTITLE B. TARGETED RETIREMENT DISTRIBUTION WITH HOLDING SUBTITLE C. SUBSIDIZED NONPROFIT RENTAL UNIT FEE EXEMPTION SUBTITLE D. EMPLOYER USE TAX RETURN ACT SUBTITLE E. OVERPAYMENT INTEREST RATE SUBTITLE F. LOWER EFT PAYMENT SUBTITLE G. HOMESTEAD DEDUCTION, PERSONAL EXEMPTION, AND STANDARD DEDUCTION SUBTITLE H. DELINQUENT TAXPAYER REFUND OFFSET SUBTITLE I. COMMERCIAL PROPERTY TAX RATE AMENDMENT SUBTITLE J. COOPERATIVE HOUSING ASSOCIATION ECONOMIC INTEREST RECORDATION TAX SUBTITLE K. ONLINE VENDORS REMITTANCE OF HOTEL TAXES SUBTITLE L. RECORDATION TAX ON REFINANCES OF SECURITY INTEREST INSTRUMENTS SUBTITLE M. NONPROFIT AFFORDABLE HOUSING DEVELOPER TAX RELIEF SUBTITLE N. GALLERY PLACE TIF REALLOCATION AND CONVENTION CENTER MARKETING FUND iii

81 TITLE VIII. BUDGET SUPPORT ACT CONFORMING AND TECHNICAL AMENDMENTS SUBTITLE A. PRIOR BUDGET SUPPORT ACT AMENDMENTS SUBTITLE B. FY 01 O-TYPE REDESIGNATION TITLE IX. CAPITAL BUDGET SUBTITLE A. DISTRICT DEPARTMENT OF TRANSPORTATION CAPITAL PROJECT REVIEW AND RECONCILIATION SUBTITLE B. CAPITAL BUDGET REPORTING SUBTITLE C. CAPITAL BUDGET AUTHORITY TRANSFER SUBTITLE D. FISCAL YEAR 01 CAPITAL PROJECT REALLOCATION APPROVAL SUBTITLE E. CAPITAL PROJECT RESCISSION TITLE X. REVISED REVENUE ESTIMATE CONTINGENCY TITLE XI. FISCAL IMPACT AND EFFECTIVE DATE iv

82 1 4 COMMITTEE OF THE WHOLE May 15, 01 DRAFT Committee Print Bill 19-74, the Fiscal Year 01 Budget Support Act of 01 5 A BILL 6 7 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA To enact and amend provisions of law necessary to support the fiscal year 01 budget. BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the Fiscal Year 01 Budget Support Act of 01. TITLE I. GOVERNMENT DIRECTION AND SUPPORT SUBTITLE A. BONUS AND SPECIAL PAY LIMITATION Sec Short title. This subtitle may be cited as the Bonus and Special Pay Limitation Act of 01. Sec Bonus and special pay limitations. (a) For fiscal year 01, no funds shall be used to support the categories of special awards pay or bonus pay; provided, that funds may be used for: (1) Retirement awards; () Hiring bonuses for difficult-to-fill positions; () Additional income allowances for difficult-to-fill positions; (4) Agency awards or bonuses funded by private grants or donations; (5) Safe driving awards; (6) Gainsharing incentives in the Department of Public Works; 1

83 (6) Suggestion/invention awards; or (7) Any other award/bonus required by an existing contract or collective bargaining agreement that was entered into before the effective date of this subtitle. (b) For fiscal year 01, no special awards pay or bonus pay shall be paid to a subordinate agency head or an assistant or deputy agency head unless required by a contract executed before the effective date of this subtitle. (c) Notwithstanding any other provision of law, no restrictions on the use of funds to support the categories of special awards pay (comptroller subcategory 017) or bonus pay (comptroller subcategory 018) shall apply in fiscal year 01 to employees of the District of Columbia Public Schools who are based at a local school or who provide direct services to individual students. SUBTITLE B. HEALTH BENEFIT PLAN DISTRICT CONTRIBUTION AMENDMENT Sec Short title. This subtitle may be cited as the Health Benefit Plan District Contribution Amendment Act of 01. Sec. 11. Section 109 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective October 1, 1987 (D.C. Law 7-7; D.C. Official Code ), is amended as follows: (a) Subsection (a) is amended as follows: (1) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. () Strike the phrase exceed 7% and insert the phrase exceed 75% in its place. (b) Subsection (h) is amended as follows: (1) Paragraph (1) is amended by striking the phrase exceed 7% and inserting the phrase exceed 75% in its place.

84 () Paragraph () is amended as follows: (A) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. (B) Strike the phrase contribute 8% and insert the phrase contribute 5% in its place. () Paragraph () is amended as follows: (A) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. (B) Strike the phrase contribute 8% and insert the phrase contribute 5% in its place. (c) Subsection (j) is amended as follows: (1) Paragraph (1) is amended as follows: (A) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. (B) Strike the phrase contribute 8% and insert the phrase contribute 5% in its place. () Paragraph () is amended by striking the phrase shall not exceed 7% and inserting the phrase shall not exceed 75% in its place. (d) Subsection (l) is amended as follows: (1) Strike the phrase an amount equal to 7% and insert the phrase an amount equal to 75% in its place. () Strike the phrase contribute 8% and insert the phrase contribute 5% in its place. 4 5

85 SUBTITLE C. DEPARTMENT OF GENERAL SERVICES FACILITIES SERVICES REQUEST FUND ESTABLISHMENT Sec Short title. This subtitle may be cited as the District of Columbia Facilities Service Request Fund Establishment Amendment Act of 01. Sec. 10. The Department of General Services Establishment Act of 011, effective September 14, 011 (D.C. Law 19-1; D.C. Official Code et seq.), is amended by adding a new section 107 to read as follows: Sec Establishment of the District of Columbia Facilities Service Request Fund. (a)(1) There is established within the General Fund of the District of Columbia a lapsing account to be known as the District of Columbia Facilities Service Request Fund ( Fund ). All funds received by the Department from non-district government tenants in District government facilities for facility-related services, including maintenance, janitorial, security, construction or other services provided by the Department in accordance with this title, shall be deposited into the Fund. () All funds deposited into the Fund, and any interest earned on those funds, shall revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of each fiscal year. () The Fund shall be administered by the Department, and shall be used for facility-related services at real property owned or leased by the District of Columbia and under the control of the Department.. SUBTITLE D. PUBLIC SECTOR WORKERS COMPENSATION RETURN TO WORK CLARIFICATION Sec Short title. This subtitle may be cited as the Public Sector Workers Compensation Return to Work Clarifying Amendment Act of 01. 4

86 Sec. 10. The District of Columbia Government Comprehensive Merit Personnel Act of 1979, effective March, 1979 (D.C. Law -19; D.C. Official Code et seq.), is amended as follows: (a) Section 06(b) (D.C. Official Code (b)) is amended to read as follows: (b)(1) The Mayor shall require each employee receiving benefits under this title to report his or her earnings from employment or self-employment by affidavit, including by providing copies of tax documents and authorizing the Mayor to obtain copies of tax documents, within 0 days of a written request for an affidavit or report of earnings. () For the purposes of this section, the term earnings includes any cash, wages or salary received from self-employment or from any other employment aside from the employment in which the worker was injured. Earnings also include commissions, bonuses, and the cash value of all payments and benefits received in any form other than cash. Commissions and bonuses earned before disability but received during the time the employee is receiving workers compensation benefits do not constitute earnings that must be reported. () An employee shall forfeit his or her right to workers compensation with respect to any period for which the affidavit or report was required if the employee: (A) Fails to file a complete affidavit or report within 0 days of a written request for a report of earnings; or (B) Knowingly omits or understates any part of his or her earnings. (4) Workers compensation forfeited under this section, if already paid, may be recovered by a deduction from future workers compensation payments owed to the employee or otherwise recovered under section 9. (5) The Mayor shall notify any employee receiving workers compensation benefits, on forms prescribed by the Mayor, of that employee s affirmative duty to report earnings and shall specifically notify the employee that a failure to report earnings may subject him or her to termination from the program and or civil or criminal liability. The notice by the 5

87 Mayor may be satisfied by printing the notice on the employee payee statement (check stub) portion of indemnity checks sent to the employee.. (b) Section 1(b) (D.C. Official Code 1-6.1(b)) is amended by striking the phrase If an employee, whose date of hire was before January 1, 1980, and inserting the phrase If an individual, in its place. SUBTITLE E. DELINQUENT DEBT RECOVERY Sec Short title. This subtitle may be cited as the Delinquent Debt Recovery Act of 01. TITLE I Part. A. Sec Definitions. For purposes of this act, the term: (1) Central Collection Unit means the Central Collection Unit established within the Office of Finance and Treasury of the Office of the Chief Financial Officer to implement this act. () Delinquent debt means any financial obligation owed by a person to a District agency that remains unpaid more than 90 days after it was due; provided, that the term shall not include tax debts or child support debts. () Delinquent Debt Fund or Fund means the Delinquent Debt Fund established by section (4) District agency means any District office, department, or agency, including independent agencies, but not including the Water and Sewer Authority. (5) Person means any natural person, trust, corporation, limited liability corporation, partnership, limited liability partnership, or any other business organization. Sec Responsibility of District agencies to transfer and refer delinquent debt to the Central Collection Unit for collection. 6

88 (a) Notwithstanding any other provision of law, regulation, or Mayoral order, each District agency shall transfer and refer delinquent debts to the Central Collection Unit within 60 days after a financial obligation owed by a person to the District becomes a delinquent debt. (b) A transfer and referral of a delinquent debt to the Central Collection Unit shall include all documentation and information relating to the delinquent debt, including: (1) Documents that verify the existence and amount of the delinquent debt; () The name and last known address of the delinquent debtor; and () Any notices issued to the delinquent debtor demanding payment. (c) The procedure for transfer and referral of delinquent debt by each District agency to the Central Collection Unit, including the format and means of delivery of the information, shall be established by the Central Collection Unit within 10 days of the effective date of the act. Sec Imposition of costs and fees. (a) The Central Collection Unit is authorized to prescribe, impose, and collect fees from debtors to cover actual costs or expenses associated with the collection of delinquent debt. (b) In addition to the authority to impose and collect fees to cover actual costs or expenses associated with the collection of delinquent debt, the Central Collection Unit is authorized to prescribe and impose a fee to be paid by each person who tenders in payment of a financial obligation owed to the District, including a tax, assessment, fee, citation, or charge, a check that is subsequently dishonored or not duly paid, or whose delinquent debt is transferred and referred to the Central Collection Unit for action. The amount of the fee shall be set by regulations established by the Central Collection Unit. Sec Establishment of the Delinquent Debt Fund. There is hereby established within the General Fund a special non-lapsing fund to be known as the Delinquent Debt Fund (the Fund ). Funds allocated to the Central Collection Unit through the District s annual Budget and Financial Plan, all delinquent debts collected by the Central Collection Unit, and all fees authorized by section 144 shall be deposited into the Fund; provided, that with respect to any funds deposited in the Fund before the then-current fiscal year, 7

89 including any interest earned on such funds before the then-current fiscal year, the money remaining in the Fund after the payment of all costs and expenses accrued before the thencurrent fiscal year, less 10% of such remainder, which shall be retained as a reserve operating balance, shall be transferred or revert to the General Fund. All funds deposited in the Fund shall be administered and used by the Central Collection Unit, subject to appropriation by Congress, to conduct the authorized activities of the Central Collections Unit. Sec Lien for delinquent debt. (a) If a person liable to pay a delinquent debt neglects or refuses to pay the delinquent debt after demand by the Central Collection Unit, the amount, including any interest and any fees imposed for collection of the delinquent debt that may accrue, shall be a lien in favor of the District of Columbia upon all property (including rights to property), whether real or personal, belonging to the person, and shall have the same effect as a lien created by judgment. The lien shall attach to all real or personal property (including rights to property) belonging to, or acquired by, the person at any time during the period of the lien. (b) The lien imposed by subsection (a) of this section shall be deemed to have arisen on the 91st day after the delinquent debt became due and owing to the District and shall continue until the delinquent debt is satisfied or becomes unenforceable. (c) The lien imposed by subsection (a) of this section shall not be valid against a bona fide purchaser for value, holder of a security interest, mechanic s lien or, or judgment lien creditor until the lien has been filed with the Recorder of Deeds by the Central Collection Unit. Sec Payment plans, discharge of delinquent debt, sale of delinquent debt, and report to credit agencies. (a) The Central Collection Unit is authorized, in its discretion, to: (1) Enter into payment plan agreements with persons for payment of delinquent debt; provided, that no payment plan shall exceed a term of 5 years; () Discharge a delinquent debt as uncollectible that is older than 10 years; () Settle a delinquent debt for less than the full amount owed; 8

90 (4) Report delinquent debts to credit agencies; (5) Sell delinquent debt; and (6) Refer a delinquent debt to the Office of the Attorney General for the District of Columbia for civil or administrative collection or enforcement actions. (b) The authority described in subsection (a) of this section shall become effective upon the issuance of an order by the Mayor delegating the Mayor s authority, pursuant to An Act Authorizing the Commissioners of the District of Columbia to settle claims and disputes against the District of Columbia, approved February 11, 199 (45 Stat. 1160; D.C. Official -40 et seq.), as is necessary to carry out the purposes of this act. Sec Suspension of licenses and permits. (a) Each District agency that transfers and refers a delinquent debt to the Central Collection Unit for collection shall, within 5 days of the transfer and referral, suspend the granting or issuance of any District license or permit to the delinquent debtor. The suspension shall remain in effect until the Central Collection Unit notifies the appropriate District agency that the delinquent debt has been satisfied. (b) Each District agency that suspends the granting or issuance of a District license or permit pursuant to this section shall, concurrently with the suspension, provide written notice of the suspension to the Central Collection Unit within 5 days of the suspension. (c) The Central Collection Unit shall provide to all District agencies, within 10 days of the end of the preceding month, a list of the names of all persons currently subject to suspension of the granting or issuing of a District license or permit due to delinquent debt. Sec Reciprocal agreements. The Central Collection Unit is authorized to enter into reciprocal agreements for the collection of delinquent debts with any state, local, or municipal government. Sec Offset of delinquent debt against District employee pay and against contractual obligations to District contractors. 9

91 (a) The Central Collection Unit is authorized to collect delinquent debt from District employees by deducting delinquent debt from the biweekly pay of District employees, in an amount not to exceed 10% of an employee s gross biweekly pay, until the delinquent debt is fully satisfied. In the event that a District employee s wages are subject to a preexisting attachment(s), the authority of the Central Collection Unit under this section shall not be effective until the preexisting attachment(s) has been satisfied in order of priority. (b) The Central Collection Unit is authorized to collect delinquent debt from District contractors by deducting any amounts owed to a District contractor pursuant to a contractual obligation between the District and a contractor. For the purposes of this section, a District contractor includes any person who receives payments from the District pursuant to a contract or a grant agreement that requires the grantee to perform services in consideration for the payment of the grant amount. For the purposes of this section, a contractual obligation includes an obligation arising from a contract or a grant agreement described in the preceding sentence that is entered into after the effective date of this act. (c) The Central Collection Unit is authorized to collect delinquent debts by offsetting District tax refunds and District lottery winnings against delinquent debts owed to the District. Sec Consumer protection. The Central Collection Unit shall include in any contract with outside parties engaged to enforce collection of delinquent debt a provision that requires the contractor to fully comply with the Fair Debt Practices Collection Act, approved September 0, 1977 (91 Stat 874; 15 U.S.C. 169 et seq.), the District of Columbia Consumer Protection Procedures Act, effective July, 1976 (D.C. Law 1-76; D.C. Official Code et seq.), and all other federal and District laws and rules that govern collection of delinquent debt. Sec Report to the Council. On or before March 1 of each year, the Central Collection Unit shall issue a report to the Mayor and the Council that includes the following: (1) The amount of delinquent debt collected in the preceding fiscal year; 10

92 () The amount of uncollected delinquent debt owed to the District; and () A summary of the efforts made to collect delinquent debt owed to the District and the challenges that remain for collecting it. Part. B. Sec Conforming amendments. (a) Section 1501 of the Fiscal Year 1998 Revised Budget Support Act of 1997, effective March 0, 1998 (D.C. Law 1-60; D.C. Official Code 1-.11), is repealed. (b) Section 105(b) of the District of Columbia Traffic Adjudication Act of 1978, effective September 1, 1978 (D.C. Law -104; D.C. Official Code (b)), is amended by striking the last sentence. TITLE II Sec The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March, 1979 (D.C. Law -19; D.C. Official Code et seq.), is amended by adding a new section 905 to read as follows: Sec Authority to collect infraction fines from responsible District employees. (a) If a notice of infraction is issued pursuant to section 0 of the District of Columbia Traffic Adjudication Act of 1978, effective September 1, 1978 (D.C. Law -104; D.C. Official Code ) ( Traffic Act ), or section 90 of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law ; D.C. Official Code ), for an infraction committed by a vehicle owned or leased by the District of Columbia government, the responsible individual shall be required to pay any fine or fee imposed as a result of that notice of infraction. (b) For the purpose of this section, responsible individual means the District government employee, contractor, or volunteer who had registered, or signed-up to use the vehicle that was the subject of the notice of infraction, or who had been assigned to drive the vehicle that was the subject of the notice of infraction, at the time when the notice of infraction was issued. 11

93 (c) The responsible individual may challenge any notice of infraction issued for a moving violation as provided in Title II of the Traffic Act (D.C. Official Code et seq.), or any notice of infraction issued for a parking, standing, or stopping infraction as provided in Title III of the Traffic Act (D.C. Official Code et seq.). (d) If a responsible individual fails to pay a fine or fee imposed, the period for challenging the issuance of the notice of infraction has expired, and there is no final order dismissing the charges that led to the issuance of the notice of infraction, the Mayor may collect the amount owed, as provided for in section 904 (D.C. Official Code ), or by any other means authorized by law.. SUBTITLE F. DISTRICT OF COLUMBIA RETIREMENT BOARD ACTUARIAL METHOD Sec Short title. This subtitle may be cited as the District of Columbia Retirement Board Actuarial Method Amendment Act of 01. Sec Section 1 of the Police Officers, Fire Fighters, and Teachers Retirement Benefit Replacement Plan Act of 1998, effective September 18, 1998 (D.C. Law 1-15; D.C. Official Code ), is amended to read as follows: Sec. 1. Calculation of District of Columbia payment to the Funds for fiscal years ending after 01. (a)(1) When specified in paragraph () of this subsection, the Retirement Board shall engage an enrolled actuary, who may be the enrolled actuary engaged pursuant to section 16(a)(4)(A) of the District of Columbia Retirement Reform Act, approved November 17, 1979 (9 Stat. 885; D.C. Official Code 1-7(a)(4)(A)), to make the following determinations as of a specified date on the basis of the entry age normal funding method and in accordance with generally accepted actuarial principles and practices with respect to each separate fund comprising the Funds: 1

94 1 (A) The normal cost, determined as a level percentage of covered annual payroll; (B) The unfunded accrued liability payment, which, for the purposes of this section, means the level amount or the level percentage of covered annual payroll that, when contributed annually to the Fund for a period of not greater than 0 years, would be sufficient to fund the liability for benefits accrued by participants as of the valuation date ( accrued liability ) in excess of the current value of assets of the Fund ( unfunded accrued liability ); (C) The current value of the assets in the Fund; (D) The estimated covered annual payroll; and (E) Such additional information as the Retirement Board may need to make the determinations specified in paragraph (4) of this subsection and in subsection (b) of this section. () Unless the actuary engaged by the Retirement Board pursuant to paragraph (1) of this subsection determines that a more frequent valuation is necessary to support the actuary s opinion, the actuary shall make the determinations described in paragraph (1) of this subsection upon the request of the Retirement Board and at least once every years. () On the basis of the most recent determinations made under paragraph (1) of this subsection, the enrolled actuary shall certify to the Retirement Board each year, at a time specified by the Retirement Board, the following information for the next fiscal year with respect to each separate Fund comprising the Funds: (A) The normal cost; (B) The present value of future benefits payable from the Funds for covered employees as of the valuation date; (C) The unfunded accrued liability payment; (D) The current value of assets as of the valuation date; and (E) The value of assets used in developing the amortization of unfunded accrued liability payment. 1

95 (4) On the basis of the most recent certification submitted by the enrolled actuary under paragraph () of this subsection, the Retirement Board shall certify the sum of the normal cost and the unfunded accrued liability payment ( amount of the District payment ) for the next fiscal year for each separate fund comprising the Funds. (b)(1) On the basis of the most recent determinations made under subsection (a)(4) of this section, the Retirement Board shall, no less than 0 days before the date on which the Mayor is required to submit the annual budget for the District of Columbia government to the Council, pursuant to section 44 of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 81; D.C. Official Code ), certify to the Mayor and the Council the amount of the District payment for each separate fund comprising the Funds. () The Mayor, in preparing each annual budget for the District of Columbia pursuant to section 44 of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 798; D.C. Official Code ), and the Council, in adopting each annual budget in accordance with section 446 of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 801; D.C. Official Code ) shall, for each separate fund comprising the Funds, include in the budget no less than the amount of the District payment for each separate fund comprising the Funds certified by the Retirement Board under paragraph (1) of this subsection. The Mayor and the Council may comment and make recommendations concerning any such amount certified by the Retirement Board. (c)(1) Before the enactment of any law, resolution, regulation, rule, or agreement producing any change in benefits under a Retirement Program, the Mayor shall engage and pay for an enrolled actuary, who may be the enrolled actuary engaged pursuant to section 16(a)(4)(A) of the District of Columbia Retirement Reform Act, approved November 17, 1979 (9 Stat. 885; D.C. Official Code 1-7(a)(4)(A)), to estimate the effect of that change in benefits over the next 5 fiscal years on: (A) The accrued liability of the Retirement Program; (B) The unfunded accrued liability of the Retirement Program; 14

96 (C) The unfunded accrued liability payment with respect to the Retirement Program; and (D) The normal cost with respect to the Retirement Program. () Whenever any change in benefits under a Retirement Program pursuant to this subsection is made to either, but not both, the Metropolitan Police Department or the Fire and Emergency Medical Services Department, the Mayor shall engage an enrolled actuary to perform the same study contemporaneously for the employee group for which the change was not made. (d) The Mayor shall transmit the estimates of the actuary to the Retirement Board, the Secretary of the Treasury, and the Council; provided, that the change in benefits shall not be effective until the end of the 0-day period beginning on the date the transmittals required herein have been completed.. Sec Applicability. This subtitle shall apply as of October 1, 01. SUBTITLE G. FINANCIAL DISCLOSURE AND ETHICS REFORM CLARIFICATION Sec Short title. This subtitle may be cited as the Financial Disclosure and Ethics Reform Clarification Amendment Act of 01. Sec Deadlines for financial disclosure filings. The Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 011, effective April 8, 01 (D.C. Act 19-18; to be codified at D.C. Official Code et seq.), is amended as follows: (a) Section 4(c) (D.C. Official Code (c)) is amended as follows: (1) Strike the phrase October nd and insert the phrase May 15th in its place. () Strike the phrase October 1st and insert the phrase May 15th in its place. 15

97 1 () Strike the phrase November nd and insert the phrase June 15th in its place (b) Section 5 (D.C. Official Code ) is amended as follows: (1) Subsection (a) is amended by striking the phrase October nd and inserting the phrase May 15th in its place. () Subsection (c) is amended as follows: (A) Strike the phrase September 1st and insert the phrase April 15th in its place. (B) Strike the phrase September 15th and insert the phrase May 1st in its place. (c) Section 601(c) (D.C. Official Code (c)) is amended by striking the phrase October 1, 01, and inserting the phrase October 1, 01, except that the Office of Campaign Finance shall administer and enforce the subtitle, including receiving and reviewing the necessary disclosures, until January 1, 01. in its place. (d) A new section 10a is added to read as follows: Sec. 10a. Fund balance requirements of principal campaign committees. Within the limitations specified in this act, any surplus, residual, or unexpended campaign funds received by or on behalf of an individual who seeks nomination for election, or election to office, shall be contributed to a political party for political purposes, used to retire the proper debts of his or her political committee that received such funds, transferred to a political committee, a charitable organization in accordance with D.C. Official Code (a)(8) or, in the case of an elected official, an established constituent services fund, or returned to the donors as follows: (1) In the case of an individual defeated in an election, within 6 months following the election; () In the case of an individual elected to office, within 6 months following the election; and 16

98 1 () In the case of an individual ceasing to be a candidate, within 6 months thereafter.. (e) Section 601(b) is amended by adding a sentence at the end to read as follows: The Elections Board shall enforce Title II, Subtitle C until October 1, 01, after which pending matters shall be transferred to the Ethics Board for enforcement.. Sec Any matter arising after January 9, 01 from a violation of Title I, Subtitle C of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 01, effective January 9, 01 (D.C. Act 19-98; 59 DCR 68), or Title II, Subtitle C of the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 01, effective April 7, 01 (D.C. Law 19-14; 59 DCR 186), may be enforced by the Elections Board until October 1, 01, after which pending matters shall be transferred to the Ethics Board for enforcement. Sec Applicability. Except for section 107(a) and (b), which shall apply as of January 1, 01, this subtitle shall apply as of the effective date of this act. SUBTITLE H. HOME RULE ACT 40 TH ANNIVERSARY Sec Short title. This subtitle may be cited as the Home Rule Act 40 th Anniversary Celebration and Commemoration Act of 01. Sec.108. Definitions. For the purposes of this act, the term: (1) Home Rule Act means the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 774; D.C. Official Code et seq.). () Fund means the Home Rule 40th Anniversary Celebration and Commemoration Fund established in section () Commission means the Home Rule Act 40th Anniversary Celebration and Commemoration Commission established in section

99 Sec.108. Home Rule Act 40th Anniversary Celebration and Commemoration Commission; established. (a) There is established a Home Rule 40th Anniversary Celebration and Commemoration Commission. The purpose of the Commission shall be to coordinate, plan, and promote events related to the 40th anniversary of the adoption of the Home Rule Act, and to administer the Fund. (b) The Commission shall be composed of 5 members, as follows: (1) One Chairperson, appointed by the Mayor; () Two members appointed by the Mayor; and () Two members appointed by the Chairman of the Council. (c) The members of the Commission shall serve until the sunset of this subtitle. (d) A vacancy in the Commission resulting from the death or resignation of a member shall not affect its powers and shall be filled in the same manner in which the original appointment was made. (e) Each member of the Commission shall serve without compensation; provided, that each member may be reimbursed for actual expenses pursuant to section 1108 of the District of Columbia Comprehensive Merit Personnel Act of 1978, effective March, 1979 (D.C. Law - 19; D.C. Official Code ). (f) A majority of the members of the Commission shall constitute a quorum to conduct business. Sec Staffing. (a) The Commission shall appoint staff as needed who shall be paid from the Fund. (b) Upon request of the Commission, the Mayor may detail staff, at no cost to the Commission, at any time to assist the Commission in carrying out its duties.. Sec Home Rule 40th Anniversary Celebration and Commemoration Fund; established. 18

100 (a) There is established as a nonlapsing fund the Home Rule Act 40th Anniversary Celebration and Commemoration Fund, which shall be administered by the Commission, to be used for the purposes set forth in subsection (c) of this section. (b)(1) Deposits into the Fund shall include: (A) Federal funds, if any; (B) Gifts, grants, and donations; and (C) Proceeds from the sale of memorabilia and information related to the 40th anniversary of the adoption of the Home Rule Act. () All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress. (c) The Commission may expend monies in the Fund to celebrate and commemorate the 40th anniversary of the adoption of the Home Rule Act, including: (1) Planning, developing, and executing appropriate programs and activities; () Purchasing and selling merchandise related to the Home Rule Act, such as: (A) Books; (B) Pamphlets; (C) Memorabilia; or (D) Other material. () Identifying appropriate displays and activities to showcase the history of home rule and the quest by residents and officials instrumental in the passage of the Home Rule Act to gain self-determination for the District of Columbia. (4) Identifying possible amendments to the Home Rule Act; (5) Outlining programs to involve the public in learning more about the Home Rule Act and self-determination in the District; 19

101 (6) Making grants available, subject to the availability of funds in the Fund, through a competitive process, for educational programs to public schools, public charter schools, and other organizations. (7) Encouraging educational, historical, civic, and other organizations to participate in the anniversary activities to expand the understanding of the Home Rule Act and self-determination in the District; (8) Assuring that the observances appropriately recognize former mayors and Councilmembers, and other people who have contributed to the growth and development elected government in the District; and (9) Facilitating other activities, such as receptions, parades, or festivals, and the provision of food, snacks, entertainment, and non-alcoholic beverages to the general public participating in the activities. Sec Reporting requirement. (a) Beginning on September 0, 01, the Commission shall submit quarterly reports to the Mayor and the Council, to include: (1) An accounting of the revenue and expenditures of the Commission, including a list of each: (A) Gift, with grant, or donation with a value of $100 or greater, and the name, address, and occupation of each donor; and (B) Expenditure of $100 or greater, including the name and address, of the recipient. () A summary of the proposed activities programs; and () Any recommendations for legislative or executive action. (b) Not later than September 0, 014, the Commission shall submit a final report to the Mayor and the Council that includes: 0

102 (1) A final accounting of the revenue and expenditures of the Commission, including a list of each gift, with a value of $100 or greater, and the name, address, and occupation of each donor; () A summary of the Commission s activities; and () Any recommendations for amendments to the Home Rule Act. Sec Use of District funds. Except as provided in section 108(e), no local funds shall be used to carry out this subtitle. Sec Sunset. This subtitle shall expire on October 1, 014. SUBTITLE I. COMPREHENSIVE MERIT PERSONNEL AMENDMENTS Sec Short title. This subtitle may be cited as the Merit Personnel Clarification and Leave Restoration Amendment Act of 01. Sec The District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March, 1979 (D.C. Law -19; D.C. Official Code et seq.), is amended as follows: (a) Section 90 (D.C. Official Code ) is amended by adding a new subsection (d) to read as follows: (d) The provisions of this section shall not apply to employees of the Council of the District of Columbia.. (b) Section 10(h) (D.C. Official Code (h)) is amended by striking the phrase 0 days wherever it appears and inserting the phrase 0 days in its place SUBTITLE J. ANTI-DEFICIENCY ACT AMENDMENTS. Sec Short title. This subtitle may be cited as the Anti-Deficiency Emergencies and Capital Projects Act of 01. 1

103 Sec Chapter of Title 47 of the District of Columbia Official Code is amended as follows: (a) Section is amended by adding a new paragraph (A) to read as follows: (A) Emergencies involving the safety of human life or the protection of property does not include ongoing, regular functions of government the suspension of which would not imminently threaten the safety of human life or the protection of property.. (b) Section is amended as follows: (1) Paragraph (1) is amended by striking the phrase agency or fund and inserting the phrase agency, fund, or capital project in its place. () Paragraph () is amended by striking the phrase unless authorized by law and inserting the phrase unless authorized by law; provided, that this paragraph shall not prohibit the acceptance of voluntary services or employment of personal services exceeding that authorized by law during emergencies involving the safety of human life or the protection of property in its place. () Subsection (7) is amended by striking the word or at the end. (4) Paragraph (8) is amended by striking the period at the end and inserting the phrase ; or in its place. (5) A new paragraph (9) is added to read as follows: (9) Make or authorize an expenditure or obligation for one capital project from another capital project.. SUBTITLE K. STATUTES AT LARGE. Sec Short title. This subtitle may be cited as the Council Publication of Statutes-at-Large Amendment Act of 01. Sec Section 05 of the District of Columbia Codification Act of 1975, effective October 8, 1975 (D.C. Law 1-19; D.C. Official Code -60), is amended as follows: (a) Subsection (a) is amended as follows:

104 (1) Strike the phrase Within 45 days and insert the phrase Beginning in 01, within 45 days in its place. () Strike the phrase Mayor and insert the phrase Council in its place. () Strike the phrase publish and insert the phrase publish online in its place. (b) Subsection (c) is repealed. (c) A new subsection (d) is added to read as follows: (d) The District of Columbia Statutes-at-Large shall contain a certificate by the General Counsel to the Council of the District of Columbia stating that it contains all the documents required to be published pursuant to this section as of the date of the certificate.. Sec Section 10 of the District of Columbia Administrative Procedure Act, effective March 6, 1979 (D.C. Law -15; D.C. Official Code -560), is amended by striking the phrase the District of Columbia Statutes-at-Large,. Sec The District of Columbia Documents Act of 1978, effective March 6, 1979 (D.C. Law -15; D.C. Official Code -611 et seq.), is amended as follows: (a) Section (c) (D.C. Official Code -611(c)) is amended by striking the phrase District of Columbia Statutes-at-Large, the District of Columbia Register, and the District of Columbia Municipal Regulations and inserting the phrase the District of Columbia Register and the District of Columbia Municipal Regulations in its place. (b) Section (1) (D.C. Official Code -61(1)) is amended by striking the phrase District of Columbia Statutes-at-Large, the District of Columbia Register, and the District of Columbia Municipal Regulations and inserting the phrase the District of Columbia Register and the District of Columbia Municipal Regulations in its place. TITLE II. ECONOMIC DEVELOPMENT AND REGULATION SUBTITLE A. UNEMPLOYMENT COMPENSATION ADDITIONAL BENEFITS TRUST FUND STABILIZATION Sec Short title.

105 This subtitle may be cited as the Unemployment Compensation Additional Benefits Trust Fund Stabilization Amendment Act of 01. Sec. 00. An Act To provide for unemployment compensation in the District of Columbia, authorize appropriations, and for other purposes, approved August 8, 195 (49 Stat. 946; D.C. Official Code et seq.), is amended as follows: (a) Section (D.C. Official Code 51-10(c)(8)(C)) is repealed. (b) Section 7(i) (D.C. Official Code (i)) is repealed. SUBTITLE B. UNEMPLOYMENT COMPENSATION CLAIM PROCESSING EFFICIENCY AMENDMENT ACT Sec Short title. This subtitle may be cited as the Unemployment Compensation Claim Processing Efficiency Amendment Act of 01. Sec. 01. Section 11 of An Act To provide for unemployment compensation in the District of Columbia, authorize appropriations, and for other purposes, approved August 8, 195 (49 Stat 951; D.C. Code ), is amended by adding a new subsection (k) to read as follows: (k)(1) Notwithstanding any other provision of this act, all correspondence, notices, determinations, or decisions required for the administration of this act may be transmitted to claimants, employers, or necessary parties by electronic mail or other means of communication as the claimant, employer, or necessary party may select from the alternative methods of communication approved by the Director. The Director shall issue a list of such approved methods of communication within 45 days of the effective date of this act () Notwithstanding any other provision of this act, all correspondence, notices, determinations, or decisions issued by the Director may be signed by an electronic signature that complies with the requirements of section 50(b) of the Fiscal Year 00 Budget Support Act of 001, effective October, 001 (D.C. Law 14-08; D.C. Official Code ), and Mayor s Order , issued June 5,

106 SUBTITLE C. ECONOMIC DEVELOPMENT SPECIAL ACCOUNT REVIVAL AMENDMENT ACT Sec. 01. Short title. This subtitle may be cited as the Economic Development Special Account Revival Amendment Act of 01. Sec. 0. The National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 008, effective March 6, 008 (D.C. Law 17-18; D.C. Official Code -15.1), is amended as follows: (a) Section 10(g)() (D.C. Official Code -15.0(g)()) is amended by striking the phrase General Fund of the District of Columbia and inserting the phrase Economic Development Special Account established by section 01 in its place. (b) Section 01 (D.C. Official Code -15.0) is revived as of September 14, 011, and amended to read as follows: Sec. 01. Economic Development Special Account. (a) There is established as a nonlapsing fund the Economic Development Special Account ( Account ), which shall be used solely for the purposes set forth in this section. (b)(1) Deposits into the Account shall include: (A) All operating funds transferred from the Anacostia Waterfront Corporation Enterprise Fund, established by section 114 of the Anacostia Waterfront Corporation Act of 004, effective December 7, 004 (D.C. Law 15-19; D.C. Official Code ); (B) All operating funds transferred from the National Capital Revitalization Corporation Enterprise Fund, established by section 9 of the National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 1-144; D.C. Official Code ); (C) All fees, revenues, and other income from real property or other assets formerly under the authority of the NCRC or the AWC, or any of their subsidiaries, which include RLARC, SWDC, SWHC, and EDFC; 5

107 (D) Funds authorized by an act of Congress, reprogramming, or intra- District transfer to be deposited into the Account; (E) Any other monies designated by law to be deposited into the Account; and (F) Interest on money deposited in the Account. () Funds deposited into the Account pursuant to this subsection shall be maintained in segregated sub-accounts associated with each revenue source as the Chief Financial Officer determines to be necessary. () The funds deposited into the Account shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsections (c) and (d) of this section, subject to authorization by Congress. (c) Monies credited to the Account shall be allocated annually to the Office of the Deputy Mayor for Planning and Economic Development in an aggregate amount that is equal to the total deposits and earnings that are estimated to remain unspent in the Account at the end of the preceding fiscal year plus all deposits and earnings that are estimated to be received during the fiscal year for which the allocation is made. (d) Monies may be used to pay the costs of operating and administering properties and programs under the authority of the Deputy Mayor for Planning and Economic Development, including properties and programs formerly operated and administered by the NCRC and the AWC, to provide economic development assistance, including the provision of grants, loans, and credit support or enhancement, and to implement other programs, projects, and initiatives that: (1) Are consistent with and in furtherance of the economic development goals or activities of the District; () Further meeting the requirements of providing jobs for District residents creating affordable housing, and restoring the District s waterways pursuant to Title IV; 6

108 1 () Support the development of a workforce intermediary pursuant to section 40; or (4) Facilitate the implementation of the environmental standards pursuant to subtitle B of Title IV. (e)(1) Fees, revenue, and other income that otherwise would be deposited into the Account under this section, but that are subject to Community Development Block Grant regulations shall be deposited into a segregated sub-account designated for Community Development Block Grant funds and shall be subject to applicable reporting to the United States Department of Housing and Urban Development. () The funds in the segregated sub-account shall be included as a segregated line item in the budget of the Department of Housing and Community Development that the Mayor is required to submit to the Council pursuant to section 44 of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 798; D.C. Official Code ), and shall be designated for the use of the Deputy Mayor for Planning and Economic Development consistent with the requirements of the Community Development Block Grant Program.. Sec. 0. Section 907(b) of the Fiscal Year 01 Budget Support Act of 011, effective September 14, 011 (D.C. Law 19-1; 58 DCR 65), is repealed as of September 14, 011. SUBTITLE D. DEPUTY MAYOR FOR PLANNING AND ECONOMIC DEVELOPMENT LIMITED GRANT MAKING AUTHORITY Sec. 01. Short title. This subtitle may be cited as the Deputy Mayor for Planning and Economic Development Limited Grant Making Authority Act of 01. Sec. 0. The Deputy Mayor for Planning and Economic Development shall have grantmaking authority for the purpose of providing: (1) Funds in support of the Skyland project; and 7

109 1 () Commercial revitalization services for properties adjacent to the Skyland project. Sec. 0. The Deputy Mayor for Planning and Economic Development is authorized to make grants for fiscal year 01, the following amounts are authorized: (1) An amount of $100,000 for sector consultants; () An amount of $50,000 for local business promotion; () An amount of $75,000 for regional economic development; and (4) An amount of $50,000 for the Bank on DC program. Sec. 04. The Deputy Mayor for Planning and Economic Development shall have grant-making authority in fiscal year 01 of up to $700,000 for the purpose of providing interior tenant improvement assistance to an entity that agrees to operate a table service restaurant at 0 Pennsylvania Ave S.E., also commonly known as the Penn Branch Shopping Center. Sec. 05. The Deputy Mayor for Planning and Economic Development shall have grantmaking authority of $800,000 for the purpose of providing assistance to a mixed use development located in Ward 7 including 100% affordable housing units supporting former Lincoln Heights residents. Sec. 06. The Deputy Mayor for Planning and Economic Development shall have grant-making authority for the purposes set forth in section 07(c) of this subtitle. Sec. 07. (a) There is established as a nonlapsing fund the Neighborhood Parade and Festival Fund ( Fund ), which shall be administered by the Deputy Mayor for Planning and Economic Development, to be used for the purposes set forth in subsection (c) of this section. (b)(1) Deposits into the Fund shall include: (A) Federal funds, if any; and (B) Gifts, grants, and donations. () All funds deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any 8

110 other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress. (c) The Fund shall be used for parades, festivals, and any other celebrations sponsored by a neighborhood and a civic association. SUBTITLE E. INAUGURAL CELEBRATION AND HOLIDAY EXTENSION OF HOURS ACT Sec Short title. This subtitle may be cited as the Inaugural and Holiday Celebration Extension of Hours Act of 01. Sec. 04. Chapter 7 of Title 5 of the District of Columbia Official Code is amended as follows: (a) Section 5-7 is amended to read as follows: 5-7. Hours of sale and service for on-premises retail licensees and temporary licensees. (a) The licensee under a hotel license may make available in the room of a registered adult guest, and charge to the registered guest if consumed, closed miniature containers of alcoholic beverages at all hours on any day of the week. (b) Except as provided in 5-74, the licensee under a on-premises retailer s license or a temporary license may sell or serve alcoholic beverages on any day and at any time except between the following hours: (1) :00 a.m. and 8:00 a.m., Monday through Friday, excluding District and federal holidays; and () :00 a.m. and 8:00 a.m. on Saturday and Sunday, excluding District and federal holidays. (c)(1) Except as provided in 5-74, the licensee under an on-premises retailer s license or a temporary license may sell or serve alcoholic beverages until 4:00 a.m. and operate 4 hours a day during the following times: 9

111 (A) On a District or federal holiday; (B) The Saturday and Sunday preceding Memorial Day and Labor Day, as set forth in section 10(a) of the District of Columbia Comprehensive Merit Personnel Act of 1978, effective March, 1979 (D.C. Law -19; D.C. Official Code (a)); and (C) The Saturday and Sunday adjacent to New Year s Day and Independence Day; except, that if the holiday under this subparagraph occurs between Tuesday and Thursday, this subparagraph shall not apply.. () A licensee operating under an on-premises retailer s license shall not be required to obtain Board approval to sell or serve alcoholic beverages and operate in accordance with paragraph (1) of this subsection. (d)(1) During the beginning of daylight savings time pursuant to 8-711, on the second Sunday in March of each year, a licensee under an on-premises retailer s license may sell and serve alcoholic beverages between :00 a.m. and 4:00 a.m., if the licensee: (A) Registers with the Board; (B) Pays a registration fee of $00; and (C) Provides written notification, no later than 10 days before the beginning of daylight savings time, to the Board and the Metropolitan Police Department of its extended hours of operation. () The fees collected pursuant to this subsection shall be used to fund the Reimbursable Detail Subsidy Program in the ABRA. () A violation of paragraph (1) of this subsection shall constitute a secondary tier violation subject to the penalties set forth in 5-80(d). (e)(1) Every 4 years, beginning in 01, the week of January 15 through January 1, shall be designated Inaugural Week. Except as provided in 5-74, during Inaugural Week, a licensee under an on-premises retailer s license or a temporary license may sell or serve alcoholic beverages until 4 a.m. and operate 4 hours a day if the licensee: 0

112 (A) Provides written notification and a public safety plan, no later than January 7, to the Alcoholic Beverage Control Board and Metropolitan Police Department of its hours of operation; and (B) Pays the following fee for each day it will serve alcohol pursuant to this subsection: (i) $50 for a CN licensee; (ii) $100 for a CR or CT licensee; and (iii) $50 for any other licensee. () A licensee operating under an on-premises retailer s license shall not be required to obtain Board approval to sell alcoholic beverages until 4:00 a.m. and operate 4 hours a day during Inaugural Week.. (b) Section 5-87 is amended by adding a new subsection (d) to read as follows: (d) The Chief of Police may, without a hearing, summarily revoke, suspend, or restrict a licensee s privilege to extended hours of operation under subsection 5-7(c), (d), and (e) if the licensee s operation presents a demonstrated danger to the health, safety, or welfare of the public. A licensee may seek review of the summary revocation, suspension, or restriction pursuant to 5-87(c) and (d).. SUBTITLE F. OFF-PREMISES ALCOHOL Sec Short title. This subtitle may be cited as the Off-Premises Alcohol Act of 01. Sec. 05. Section 5-7 of the District of Columbia Official Code is amended as follows: (a) Subsection (a) is as follows: (1) Strike the phrase 9:00 a.m. and insert the phrase 7:00 a.m. in its place. () Strike the phrase each year and insert the phrase each year, subject to voluntary agreements pursuant to in its place. (b) Subsection (b) is as follows: 1

113 (1) Strike the phrase 9:00 a.m. and insert the phrase 7:00 a.m. in its place. () Strike the phrase on Sundays and insert the phrase on Sundays, subject to the voluntary agreements pursuant to in its place. SUBTITLE G. GASOLINE AND FUEL PUMP OCTANE MEASUREMENT AMENDMENT ACT Sec Short title. This subtitle may be cited as the Gasoline and Fuel Pump Octane Measurement Amendment Act of 01. Sec. 06. An Act To establish standard weights and measures for the District of Columbia, to define the duties of the Superintendent of Weights, Measures, and Markets of the District of Columbia, and for other purposes, approved March, 191 (41 Stat. 117; D.C. Official Code et seq.), is amended by adding a new section 18a to read as follows: Sec. 18a. Gasoline and fuel pump octane measurement. (a) The Director shall: (1) Take samples of automotive fuel wherever it is offered for sale or use in the District of Columbia; () Inspect and test on at least an annual basis and on a random, unannounced basis the octane levels of the gasoline dispensed at each gasoline pump. () Maintain records of all inspections; (4) If determined to be necessary at the Director s discretion, enter into contractual agreements with qualified laboratories as a cost-saving measure for the purpose of analyzing automotive fuel samples if the octane level of the automotive fuel is questioned; and (5) Promulgate rules for the enforcement and administration of this act, which may include the adoption by reference of applicable regulations issued by the Federal Trade Commission governing the certification, disclosure, posting, and labeling of automotive fuel. (b) The Director may conduct investigations to determine compliance with this act.

114 (c) If the Director determines that an automotive fuel sample does not conform with the standards set out by this act and rules promulgated thereunder, the Director may take any or all of the following actions to prohibit the sale of the nonconforming automotive fuel or to prohibit the use of the nonconforming dispensing system, storage tank, or other dispensing device: (1) Condemn and mark as condemned the dispensing system, storage tank, or other dispensing device from which the sample was obtained or on which the nonconforming label is attached; () Seal and mark as sealed the storage tanks from which the sample was drawn or the nonconforming label attached; or () Issue civil infractions under the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-4; D.C. Official Code et seq.). (d) If the Director condemns the dispensing system, storage tank, or other dispensing device, the Director may immediately seize and seal, in order to prevent further sales, any dispensing system, storage tank, or other dispensing device from which automotive fuel is sold or offered for sale in violation of this act or rules promulgated thereunder. No automotive fuel may be sold or offered for sale unless approved by the Director. The Director shall post, in a conspicuous place on the premises where a dispensing system, storage tank, or other dispensing device has been condemned, a notice stating that the condemnation has taken place, the grounds for the condemnation, and warning that it shall be unlawful to break, mutilate, or destroy any notice, seal, or order issued by the Director regarding the condemnation. The notice required under this subsection shall remain posted until the Director has reinspected the condemned dispensing system, storage tank, or other dispensing device and determined it to be in compliance. (e) The Director may assess a civil penalty of not more than $5,000 upon a retailer who sells or offers for sale automotive fuel from any dispensing system, storage tank, or other

115 dispensing device which has not been labeled in accordance with the provisions of this act or rules promulgated thereunder. (f) The Director may assess a civil penalty of not more than $5,000 upon a retailer who allows any person, other than a person designated by the Director, to break, mutilate, or destroy any notice, seal or order issued by the Director and placed upon a dispensing system, storage tank, or other dispensing device used to deliver or store automotive fuel. (g) The Director may assess a civil penalty of not more than $0,000 upon a retailer who sells or offers to sell automotive fuel from any dispensing system, storage tank, or other dispensing device that has been condemned by the Director. (h) In addition to civil penalties assessed in accordance with this act, the Director may suspend a retailer s business license for up to 90 days after the retailer s third violation of this act.. SUBTITLE H. RENT SUPPLEMENT PRIORITIZATION AND FUNDING Sec Short title. This subtitle may be cited as the Rent Supplement Prioritization and Funding Act of 01. Sec. 07. Section (b) of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-0; D.C. Official Code 4-80(b)), is amended by adding a new paragraph (1) to read as follows: (1)(A) Notwithstanding section this act (D.C. Official Code 4-80), the Mayor may transfer an amount not to exceed $19,969,048 million of the funds designated for deposit into the Rent Supplement Fund, as established in section 6a of this act, effective May 9, 000 (D.C. Law 1-105;D.C. Official Code 6-6), towards existing project-based and sponsor-based voucher assistance, as described in section 6b (D.C. Official Code 6-7) of this act, tenant-based assistance, as described in section 6c (D.C. Official Code 6-8) of this act, and capital-based assistance, as described in section 6d (D.C. Official Code 6-9) of this 4

116 act and awarded under the Rent Supplement Program, as established in section 6a (D.C. Official Code 6-6) of this act in or before FY 010. (B) None of the funds transferred to the Rental Assistance Support and Rent Supplement Fund, pursuant to subsection (a) of this section, shall be used for administrative fees.. SUBTITLE I. LOCAL JOB TRAINING QUARTERLY OUTCOME REPORT. Sec Short title. This subtitle may be cited as the Department of Employment Services Local Job Training Quarterly Outcome Report Act of 01. Sec. 08. Quarterly outcomes report (a) Beginning on February 15, 01 the Department of Employment Services ( Department ) shall transmit to the Council on a quarterly basis, and make available on the Department s website, a report on the outcomes associated with all local funding administered by the Department for job training or adult education purposes. The report shall include the following outcome measures for job training or adult education participants broken out by job training program and/or vendor: (1) The amount of funding the program or vendor, or both the program and the vendor, received; () The number of individuals enrolled in job training or adult education; () The Classification of Instructional Programs (CIP) codes for which they were trained; (4) The number and percentage of those who were referred to the job training program or vendor that completed the job training or adult education program; (5) The number and percentage of those who completed the job training or adult education program that earned a GED, high school diploma, or a noncredit or credit-bearing certificate or degree offered by licensed post-secondary education and training programs or vendors; 5

117 (6) Among program participants who were unemployed at the start of the program, the number and percentage of participants who completed the job training or adult education program that found employment within six months of graduation; (7) Among program participants who found employment within six months of graduation, the average wage earned; and (8) Among program participants who found employment within six months of graduation, the number and percentage of participants who retained employment six months after their initial start date. (b) The report shall also include the following outcome measures for subsidized employment programs including the Transitional Employment Program ( TEP ): (1) The number of individuals participating, by month; () The number of private sector employers that hosted a participant; () The number and percentage of participating residents who receive wages from their employer in addition to their subsidized wage and the average amount of the additional wages; (4) The average length of placements in the subsidized jobs; (5) The number and percentage of participants who have been hired into unsubsidized jobs upon completion of the subsidized component of TEP or within six months of participating in the program, and the average wages of those hired; and (6) Among program participants that found unsubsidized employment, the number and percentage of participants that retained unsubsidized employment for at least six months after their initial unsubsidized start date. (c) The report shall also include the following outcome measures for training employment programs including the On the Job Training program: (1) The number of individuals participating, by month; () The number of private sector employers that hosted a participant; 6

118 () The average and median wages paid to participants that are then reimbursed to the employer by the Department, (4) Average amount and percentage paid of wage reimbursement per participant; (5) Average duration of time participants spend in the training component of program; and (6) The number and percentage of participants who retain employment for an additional six months beyond the completion of the training at the same wages and benefits as those in comparable positions that are not associated with the program. SUBTITLE J. COMPREHENSIVE AFFORDABLE HOUSING INVENTORY. Sec Short Title This subtitle may be cited as the Department of Housing and Community Development Comprehensive Tracking Plan for Affordable Housing Inventory Act of 01. Sec. 09. Definitions. For the purposes of this act, the term: (1) Affordable Housing Unit means a unit of housing that is offered for rent or for sale for residential occupancy and as a result of a federal or District subsidy is made available and affordable to households whose income levels are less than or equal to 10% of AMI. () Area Median Income means: (A) For a household of 4 persons, the area median income for a household of 4 persons in the Washington Metropolitan Statistical Area as set forth in the periodic calculation provided by the United States Department of Housing and Urban Development; (B) For a household of persons, 90% of the area median income for a household of 4 persons; (C) For a household of persons, 80% of the area median income for a household of 4 persons; (D) For a household of one person, 70% of the area median income for a household of 4 persons; and 7

119 (E) For a household of more than 4 persons, the area median income for a household of 4 persons, increased by 10% for each household member exceeding 4 persons (e.g., the area median income for a family of 5 shall be 110% of the area median income for a family of 4; the area median income for a household of 6 shall be 10% of the area median income for a family of 4). () Extremely low-income means a household income equal to 0% or less of the area median income. (4) Homeless means: (A) Lacking a fixed, regular residence that provides safe housing, and lacking the financial means to acquire such a residence immediately; or (B) Having a primary nighttime residence that is: (i) A supervised publicly or privately operated shelter or transitional housing facility designed to provide temporary living accommodations; or (ii) A public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. (5) Low-income means a household income equal to, or less than, 80% of the area median income and greater than 50% of the area median income. (6) Very low-income means a household income equal to, or less than, 50% of the area median income and greater than 0% of the area median income. Sec. 09. Inventory tracking requirements. No later than December 1, 01, the Mayor shall transmit to the Council an implementation plan that details the budget and resources necessary to begin tracking the Department of Housing and Community Development s ( DHCD ) affordable housing inventory. The plan shall lay out the process and analyze the budget and resources necessary to begin tracking the follow data points: (a) The total number of affordable housing units that remain under affordability restrictions administered by DHCD including: 8

120 1 (1) The number of units that are made affordable to low-income households; () The number of units that are made affordable to very low-income households; () The number of units that are made affordable to extremely low-income 4 households; (4) The number of units that are made available for homeownership; (5) The number of units that are made available for rental; and (6) The number of affordable housing units that are specifically allocated for the following groups: (A) Individuals diagnosed with HIV/AIDS; (B) Individuals diagnosed with a mental illness; (C) Individuals diagnosed as deaf or hearing impaired; (D) Individuals and families who are homeless; (E) Victims of domestic violence; and (F) Individuals diagnosed with a developmental disability. (b) The number of low-income, very low-income, and extremely low-income households and individuals currently residing in the affordable housing units listed in subsection (a) of this section, including the breakdown for the groups listed in subsections (a)(6)(a) through (a)(6)(f) of this section. (c) The number of affordable housing units that will exit affordability restrictions within the next 5 years, 10 years, 0 years, 0 years, or 40 years including a breakdown of their affordability levels and whether they are allocated for the groups listed in subsections (a)(6)(a) through (a)(6)(f) of this section. (d) The number of affordable housing units in each ward of the city including a breakdown of their affordability levels and whether they are allocated for the groups listed in subsections (a)(6)(a) through (a)(6)(f) of this section. SUBTITLE K. WOMEN-OWNED BUSINESS EXPENDITURE REPORTING. Sec Short title. 9

121 1 This subtitle shall be cited as Women-Owned Business Expenditure Reporting Act of Sec. 10. Women-Owned Business Expenditure Reports. (a) The Mayor shall, by May 1, 01, provide to the Council a report of obligations and expenditures made by the District to woman-owned businesses through the first quarters of fiscal year 01, delineated by the funding source for the expenditure or obligation (local, federal, capital, or other). (b) For the purposes of this section, the term woman-owned business means a business: (1) That meets the definition a local business enterprise as described in section 1 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 005, effective October 0, 005 (D.C. Law 16-; D.C. Official Code -18.1) ( SLDBE act ), and a small business enterprise as described in section of the SLDBE act; () That is at least 51% owned by one or more women; or, in the case of any publicly owned business, at least 51% of the stock of the business is owned by one or more women; and () Whose management and daily business operations are controlled by one or more women. SUBTITLE L. DISTILLERY TASTING PERMIT AND CONSUMER SALES. Sec Short title. This subtitle shall be cited as Distillery Manufacturer s Tasting Permit and Consumer Sales Amendment Act of 01. Sec. 11. Chapter 1 of Title 5 of the District of Columbia Official Code is amended as follows: (a) D.C. Official Code 5-110(a)(1)(A)(ii) is amended by striking the phrase of the United States for resale. and inserting the phrase of the United States for resale or to a consumer. The licensee may sell spirits to the consumer only in barrels and sealed bottles, which shall not be opened after sale or the contents consumed on the premises where sold. in its place. 40

122 (b) D.C. Official Code is amended as follows: (1) Subsection (a) is amended by striking the phrase manufacturer s license, class B and inserting the phrase manufacturer s license, class A and B in its place. () Subsection (e) is amended as follows: (A) Strike the phrase The holder and insert the phrase The holder of a manufacturer s license, class A, may utilize a portion of the licensed premises for the sampling of spirits, and the holder in its place. (B) Strike the phrase beer between and insert the phrase beer, between in its place. SUBTITLE M. FILM DC ECONOMIC INCENTIVE AMENDMENTS. Sec. 11. Short title. This subtitle shall be cited as the Film DC Economic Incentive Amendment Act of 01. Sec. 1. Section c of the Film DC Economic Incentive Act of 006, effective March, 010(D.C. Law ; D.C. Official Code ), is amended as follows: (a) Paragraph () is amended by striking the phrase production is completed, including and inserting the phrase production is completed, excluding above-the-line personnel such as in its place. (b) Paragraph (8) is amended by striking the phrase below-the-line crew members and inserting the phrase below-the-line crew members who are not residents of the District, in its place. (c) Paragraph (10)(B) is amended as follows: (1) Strike the phrase the purchase of tangible and insert the phrase the purchase of tangible or intangible in its place. () Strike the phrase lighting, wardrobe, catering, lodging and insert the phrase lighting, wardrobe, catering, lodging, use of facilities or equipment, use of soundstages or 41

123 studios, location fees, and related services, excluding services provided by the District government, and materials, in its place. () Strike the phrase or salaried employee and insert the phrase or salaried employee, including above-the line personnel such as producers, directors, writers and actors, and below the-line personnel who are residents of the District, and in its place. SUBTITLE N. HOUSING PRODUCTION AND JOB TRAINING FUNDING. Sec. 11. Short title. This subtitle may be cited as the Housing Production and Job Training Funding Act of 01. Sec. 1. Section 1 of An Act Authorizing the sale of certain real estate in the District of Columbia no longer required for public purposes, approved August 5, 199 (5 Stat. 111; D.C. Official Code ) is amended by adding a new subsection (d-4) to read as follows: (d-4)(1) Notwithstanding subsections (a) through (d) and subsection (e) of this section, the Mayor shall dispose of the property located at 5-41 K Street, N.E., designated for tax and assessment purposes as Lot 088 in Square 0675, through a solicitation to be issued no later than October 1, 01. () The proceeds from the disposition of the property described in paragraph (1) of this subsection shall not be deposited into the General Fund, but shall be deposited into the Housing Production Trust Fund established by section of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-0; D.C. Official Code 4-80).. Sec. 1. The Chief Financial Officer shall recognize $550,000 of the local funds revenues certified for fiscal year 01 in the revised revenue estimate of the Chief Financial Officer dated February 9, 01 as fiscal year 01 revenue for adult job training under the Office of State Superintendent of Education. SUBTITLE O. BID AMENDMENT. Sec Short title. 4

124 1 This subtitle may be cited as the Business Improvement Districts Amendment Act of Sec. 14. Section 1 of the Business Improvement Districts Act of 1996, effective May 9, 1996 (D.C. Law 11-14; D.C. Official Code ), is amended as follows: (a) The existing text is redesignated as subsection (a). (b) A new subsection (b) is added to read as follows: (b) Notwithstanding subsection (a) of this section, beginning in fiscal year 01, the Mayor shall not issue a grant using funds from the Commercial Revitalization Assistance Fund for the purpose of providing commercial revitalization services or clean team services, including ambassador services and the removal of trash, graffiti, illegal posters, and snow, within a geographic area that is subject to a BID.. Sec. 14. Section 76 of the Small, Local, and Disadvantaged Business Enterprise Development and Assistance Act of 005, effective September 4, 010 (D.C. Law 18-; D.C. Official Code ), is amended by striking the phrase commercial revitalization services and inserting the phrase commercial revitalization services; provided, that the Fund shall not be used to provide commercial Clean Team services within a geographic area that is subject to a Business Improvement District, as defined in section (7) of the Business Improvement Districts Act of 1996, effective May 9, 1996 (D.C. Law 11-14; D.C. Official Code (7)); that beginning in fiscal year 01, the commercial Clean Team services shall include service in the vicinity of the intersection of Minnesota Avenue, S.E., and Pennsylvania Avenue, S.E in its place. SUBTITLE P. PENNSYLVANIA AVENUE, S.E., RETAIL PRIORITY AREA Sec Short title. This subtitle may be cited as the Pennsylvania Avenue, S.E., Retail Priority Area Amendment Act of 01. Sec. 15. Pennsylvania Avenue, S.E., Retail Priority Area. 4

125 The Retail Incentive Act of 004 (D.C. Law ; D.C. Official Code et seq.) is amended as follows: (a) Section (D.C. Official Code ) is amended as follows: (1) Paragraph (10) is amended to read as follows: (10) Retail Priority Area means: (A) The Downtown Retail Priority Area; (B) The Pennsylvania Avenue, S.E., Retail Priority Area; and (C) Any other area or areas of the District so designated by the Mayor and approved by the Council in accordance with this act. () A new paragraph (8-A) is added to read as follows: (8-A) Pennsylvania Avenue, S.E., Retail Priority Area means the record lots that front Pennsylvania Avenue, S.E., between Fairlawn Avenue, S.E., and Southern Avenue, S.E.. (b) Section 4 (D.C. Official Code ) is amended as follows: (1) Subsection (b)() is amended by striking the phrase $0 million and inserting the phrase $5 million in its place. () A new subsection (f) is added to read as follows: (f) In addition to the other Retail Priority Areas approved pursuant to this section: (1) The Pennsylvania Avenue, S.E., Retail Priority Area is designated as a Retail Priority Area; () The issuance of Bonds with respect to the Pennsylvania Avenue, S.E., Retail Priority Area, not to exceed $5 million, is approved; () The latest date for the issuance of such Bonds is September 0, 015; and (4) The base year for the calculation of Available Sales Tax Revenues and Available Real Property Tax Revenues shall be the fiscal year beginning October 1, 01.. (c) Section 5(a) (D.C. Official Code (a)) is amended by striking the phrase Downtown Retail Priority Area, and inserting the phrase Downtown Retail Priority Area, or 44

126 upon the effective date of the Pennsylvania Avenue, S.E., Retail Priority Area Amendment Act of 01, in the case of the Pennsylvania Avenue, S.E., Retail Priority Area, in its place. TITLE III. PUBLIC SAFETY AND JUSTICE. SUBTITLE A. NOTICE OF UNCLAIMED PROPERTY MODERNIZATION ACT Sec Short title. This subtitle may be cited as the Notice of Unclaimed Property Modernization Act of 01. Sec. 00. Section 417(a) of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and seventeen, and for other purposes, approved September 1, 1916 (9 Stat. 718; D.C. Official Code (a)) is amended to read as follows: (a) With respect to all property (including money), except perishable property, animals, firearms and property of persons with mental illness, not otherwise disposed of in accordance with 416 of An Act to amend section four hundred and sixteen of the Revised Statutes of the United States relating to the District of Columbia, approved May 9, 1896 (9 Stat. 191; D.C. Official Code ), that shall remain in the custody of the Property Clerk for not less than 90 days without being claimed and repossessed, the Property Clerk shall: (1) Publish or cause to be published in a newspaper of general circulation in the District, once a week for two consecutive weeks: (A) Notice of the location where a full description of the property can be reviewed; and (B) Notice that if such property is not claimed by the rightful owner within 45 days from the date of first publication, title to the property shall revert to the finder of lost property after deduction for the expenses of custody and publication, or to the District in all other cases; and () Post or cause to be posted in the Metropolitan Police Department headquarters, where public notices are commonly or usually posted, a description of the 45

127 property, and a copy of the notice published in the newspaper of general circulation in the District, and shall make a record of the date when such publication and the posting of the notices are made; and () Post or cause to be posted on the Metropolitan Police Department website a description of the property, and a copy of the notice published in the newspaper of general circulation in the District, and shall make a record of the date when such publication and the posting of the notices are made.. SUBTITLE B. OAG CONTINGENCY FEE CONTRACT AUTHORIZATION Sec Short title. This subtitle may be cited as the OAG Contingency Fee Contract Authorization Act of 01. Sec. 01. The Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 010, effective May 7, 009 (D.C. Law ; D.C. Official Code et seq.), is amended by adding a new Section 106a to read as follows: Sec. 106a. Contingency fee contracts. (a)(1) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in claims and other legal matters affecting the interests of the District of Columbia. () Each contract shall include such terms and conditions as the Attorney General considers necessary or appropriate, including a provision specifying the amount of any fee to be paid to the private counsel under the contract or the method for calculating that fee. The amount of the fee payable for legal services furnished under any such contract shall not exceed the fee that counsel engaged in the private practice of law in the District typically charges clients for furnishing similar legal services, as determined by the Attorney General. (b) Notwithstanding any provision of federal or District of Columbia law, a contract entered into by the District of Columbia pursuant to this section may provide that costs, expenses, and fees that the private counsel charges for legal services are payable from the 46

128 amount recovered. In such circumstances, the costs, expenses, and fees need not be included in an amount provided in an appropriations law.. SUBTITLE C. FIRE AND EMERGENCY MEDICAL SERVICES OVERTIME LIMITATION Sec. 01. Short title. This subtitle may be cited as the Fire and Emergency Medical Services Overtime Limitation Amendment Act of 01. Sec. 0. Section 110(f)of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March, 1979 (D.C. Law -19; D.C. Official Code (f)), is amended as follows: (a) Paragraph ()(B) is amended by striking the phrase For fiscal years 011 and 01 and inserting the phrase For fiscal years 011, 01, and 01 in its place. (b) Paragraph (4) is amended as follows: (1) Subparagraph (A) is amended by striking the phrase For fiscal years 011 and 01 and inserting the phrase For fiscal years 011, 01, and 01 in its place; () A new subparagraph (C) is inserted to read as follows: (C) Notwithstanding any other provision of this paragraph, the exemption to the overtime limitation for the Fire Arson Investigator Armed (Canine Handler) set forth in subparagraph (B) of this paragraph shall apply retroactively to fiscal year Sec. 0. Section of An Act To amend the Act entitled An Act to classify the officers and members of the Fire Department of the District of Columbia, and for other purposes, approved June 0, 1906, and for other purposes, approved June 19, 1948 (6 Stat. 498; D.C. Official Code 5-405), is amended as follows: (a) Subsection (f) is amended by striking the phrase 011 and 01 and inserting the phrase 011, 01, and 01 in its place. (b) Subsection (g) is amended by striking the phrase 011 and 01 and inserting the phrase 011, 01, and 01 in its place. 47

129 Sec. 04. Section 0(c) of the Omnibus Public Safety Agency Reform Amendment Act of 004, effective September 0, 004 (D.C. Law ; D.C. Official Code 5-441(c)), is amended by striking the phrase 011 and 01 and inserting the phrase 011, 01, and 01 in its place. SUBTITLE D. SENTENCING AND CRIMINAL CODE REVISION MODIFICATION CLARIFICATION Sec. 01. Short title. This subtitle may be cited as the Sentencing and Criminal Code Revision Modification Clarification Amendment Act. Sec. 0. The Advisory Commission on Sentencing Establishment Act of 1998, effective October 16, 1998 (D.C. Law 1-167; D.C. Official Code -101 et seq.), is amended as follows: (a) Section (D.C. Official Code -101) is amended by adding a new subsection (c) to read as follows: (c) The Commission is designated as a criminal justice agency for purposes of accessing offender and sentencing related data required to perform the duties specified under this act. (b) Section a(b) (D.C. Official Code (b)) is amended by striking the year 014 and inserting the year 016 in its place. SUBTITLE E. OFFICE OF UNIFIED COMMUNICATIONS E-911 FUND CLARIFICATION Sec Short title. This subtitle may be cited as the Office of Unified Communications E-911 Fund Clarification Amendment Act of 01. Sec. 04. The Fiscal Year 001 Budget Support Act of 000, effective October 19, 000 (D.C. Law 1-17; at scattered cites in the D.C. Official Code), is amended (a) Section 60(a) (D.C. Official Code 4-180(a)) is amended as follows: (1) By striking the phrase All monies deposited into the Fund shall not revert to the General Fund of the District of Columbia and inserting the phrase All monies deposited 48

130 into the Fund shall not revert to, nor be transferred to, the General Fund of the District of Columbia in its place. () By striking the phrase The Fund shall be funded by a tax imposed under sections 604 and 604b and inserting the phrase The Fund shall be funded by a tax imposed under 604, 604a, and 604b in its place. (b) A new section 604a is added to read as follows: Sec. 604a. Additional revenues. (a) All revenues from the following sources shall be deposited into the Fund: (1) Steam (including arrearage payments) for the Correctional Treatment Facility received by the District since October 1, 007; and () Aggregate revenues in excess of $88.01 million received in any one fiscal year beginning on or after October 1, 01 (except, that it shall be in excess of $9.618 million received in fiscal year 014) from fines paid due to automated photo enforcement.. Sec. 04. Funds transfer. (a) Section 80(a) of the Fiscal Year 011 Supplemental Budget Support Act of 010, effective April 8, 011 (D.C. Law 18-70; 58 DCR 1008), is amended by striking the 47,000 transfer from the 911 and 11 Assessment Fund (160) within the Office of Unified Communications (UCO) from the column entitled FY 01. (b) The source of funding for subsection (a) of this section shall be $47,000 of the local funds revenues certified for fiscal year 01 in the revised revenue estimate of the Chief Financial Officer dated February 9, 01. Sec Applicability. Section 04(a)(1) [amending section 60(a) of the Fiscal Year 001 Budget Support Act of 000] and section 04 [amending section 80(a) of the Fiscal Year 011 Supplemental Budget Support Act of 010] shall apply as of October 1, 011. SUBTITLE F. CANNABINOIDS. Sec Short title. 49

131 This subtitle shall be cited as the District of Columbia Uniform Controlled Substance Synthetic Cannabinoids Amendment Act of 01. Sec. 05. The District of Columbia Uniform Controlled Substances Act of 1981, effective August 5, 1981 (D.C. Law 4-9; D.C. Official Code et seq.), is amended as follows: (a) Section 10 (D.C. Official Code ) is amended by adding a new paragraph () to read as follows: () Synthetic cannabinoids means any substance that contains one or more of the following, including any preparation, mixture, or substance containing, or mixed or infused with, any detectable amount of one or more of the following: (A) -(-hydroxycyclohexyl) phenol with substitution at the 5-position of the phenolic ring by alkyl or alkenyl, whether or not substituted on the cyclohexyl ring to any extent; (B) -(1-naphthoyl)indole or -(1-naphthylmethane) indole by substitution at the nitrogen atom of the indole ring, whether or not further substituted on the indole ring to any extent, whether or not substituted on the naphthoyl or naphthyl ring to any extent; (C) -(1-naphthoyl) pyrrole by substitution at the nitrogen atom of the pyrrole ring, whether or not further substituted in the pyrrole ring to any extent, whether or not substituted on the naphthoyl ring to any extent; (D) 1-(1-naphthylmethylene) indene by substitution of the -position of the indene ring, whether or not further substituted in the indene ring to any extent, whether or not substituted on the naphthyl ring to any extent; or (E) -phenylacetylindole or -benzoylindole by substitution at the nitrogen atom of the indole ring, whether or not further substituted in the indole ring to any extent, whether or not substituted on the phenyl ring to any extent. The term synthetic cannabinoids includes: 50

132 1 (i) 1-(5-fluoropentyl)--(-iodobenzoyl) indole (AM694); (ii) 1-(5-fluoropentyl)--(1-naphthoyl) indole (AM01); (iii) 1-(1, 1-dimethylheptyl)--[(1R, S)--hydroxycyclohexyl]- 4 phenol (CP-47,497); (iv) 5-(1, 1-dimethyloctyl)--[(1R, S)--hydroxycyclohexyl]- phenol (cannabicyclohexanol or CP-47,497 C8-homolog); (v) 1-pentyl--(1-naphthoyl) indole (JWH-018 and AM678); (vi) 1-hexyl--(1-naphthoyl) indole (JWH-019); (vii) 1-butyl--(1-naphthoyl) indole (JWH-07); (viii) 1-pentyl--[1-(4-methoxynaphthoyl)] indole (JWH-081); (ix) 1-pentyl--(4-methyl-1-naphthoyl) indole (JWH-1); (x) 1-[-(4-morpholinyl)ethyl]--(1-naphthoyl) indole (JWH- 00); (xi) 1-pentyl--(-chlorophenylacetyl) indole (JWH-0); (xii) 1-pentyl--(-methoxyphenylacetyl) indole (JWH-50); (xiii) 1-pentyl--(4-chloro-1-naphthoyl) indole (JWH-98); (xiv) 1-cyclohexylethyl--(-methoxyphenylacetyl) indole (SR- 18 and RCS-8); and (xv) 1-pentyl--[(4-methoxy)-benzoyl] indole (SR-19 and RCS- 4).. (b) Section 08 (D.C. (D.C. Official Code ) is amended as follows: (1) Paragraph 5(BB) is amended by striking the word and at the end. () Paragraph (6) is amended by striking the period and inserting the phrase ; and in its place. () A new paragraph (7) is added to read as follows: 51

133 (7) Notwithstanding section 07(), unless specifically exempted or unless listed in another schedule, synthetic cannabinoids, whether known as K-, synthetic marijuana, Spike 99, or Spice, or any other name.. TITLE IV. PUBLIC EDUCATION AND LIBRARIES SUBTITLE A. FUNDING FOR PUBLIC SCHOOLS AND PUBLIC CHARTER SCHOOLS Short title. This subtitle may be cited as the Funding for Public Schools and Public Charter Schools Amendment Act of 01. Sec The Uniform Per Student Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification Amendment Act of 1998, effective March 6, 1999 (D.C. Law 1-07; D.C. Official Code et seq.), is amended as follows: (a) Section 104 (D.C. Official Code 8-90) is amended by striking the phrase $8,945 per student for fiscal year 01 and inserting the phrase $9,14 per student for fiscal year 01 in its place. (b) Section 105 (D.C. Official Code 8-904) is amended by striking the tabular array and inserting the following chart in its place: Grade Level Weighting Per Pupil Allocation in FY 01 Pre-School 1.4 $1,6 Pre-Kindergarten 1.0 $11,861 Kindergarten 1.0 $11,861 Grades $9,14 Grades $9,14 Grades $9,98 Grades $10,584 Alternative program 1.17 $10,675 Special education school 1.17 $10,675 Adult 0.75 $6,84 5

134 follows: (c) Section 106(c) (D.C. Official Code 8-905(c)) is amended to read as (c) The supplemental allocations shall be calculated by applying weightings to the foundation level as follows: General Education Add-ons: Level/ Definition Weighting Per Pupil Program Supplemental FY 01 LEP/NEP Summer Limited and non-english proficient students An accelerated instructional program in the summer for students in targeted grade spans or grades pursuant to promotion policies of the District of Columbia Public Schools and public charter schools Special Education Add-ons: 0.45 $4, $1,551 Level/ Program Level 1: Special Education Level : Special Education Definition Weighting Per Pupil Supplemental FY 01 Eight hours or less per week of specialized services More than 8 hours and less than or equal to 16 hours per school week of specialized services $5, $7,90 Level : Special Education More than 16 hours and less than or equal to 4 hours per school week of specialized services 1.58 $14,416 5

135 Level 4: Special Education Special Education Capacity Fund More than 4 hours per week which may include instruction in a selfcontained (dedicated) special education school other than residential placement Weighting provided in addition to special education level add-on weightings on a per student basis for each student identified as eligible for special education..10 $8, $,650 Special Education Compliance Fund Weighting provided in addition to special education level add-on weightings on a per student basis for each student identified as eligible for special education $1,460 Residential D.C. Public School or public charter school that provides students with room and board in a residential setting, in addition to their instructional program 1.70 $15,511 8 Residential Add-ons Level/ Definition Program Level 1: Special Education - Residential Level : Special Education - Residential Additional funding to support the afterhours level 1 special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Additional funding to support the afterhours level special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Weighting Per Pupil Supplemental FY $, $1,409 54

136 1 Level : Special Education - Residential Level 4: Special Education - Residential LEP/NEP - Residential Additional funding to support the afterhours level special education needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Additional funding to support the afterhours level 4 special education needs of limited and non- English proficient students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting Additional funding to support the afterhours Limited and non-english proficiency needs of students living in a D.C. Public School or public charter school that provides students with room and board in a residential setting.941 $6,84.94 $6, $6,04 Special Education Add-ons for Students with Extended School Year ( ESY ) Indicated in Their Individualized Education Programs ( IEPs ): Level/ Definition Weighting Per Pupil Program Supplemental FY 01 Special Education Level 1 ESY Special Education Level ESY Special Education Level ESY Additional funding to support the summer school/program need for students who require extended school year (ESY) services in their IEPs. Additional funding to support the summer school/program need for students who require extended school year (ESY) services in their IEPs Additional funding to support the summer school/program need for students who require extended school year (ESY) services in their IEPs $ $, $4,56 55

137 Special Education Level 4 ESY Additional funding to support the summer school/program need for students who require extended school year (ESY) services in their IEPs $4,55. Sec Notwithstanding any other provision of law, the District of Columbia Public Schools is authorized to make competitive grants to charitable organizations for fiscal year 01 as follows: (1) An amount of $100,000 for a journalism mentorship program in the District of Columbia Public Schools; and () An amount of $100,000 for a mathematics literacy program. SUBTITLE B. SCHOOL-BASED BUDGETING AND ACCOUNTABILITY Sec Short title. This subtitle may be cited as the School Based Budgeting and Accountability Amendment Act of 01. Sec Section 1104 of the School Based Budgeting and Accountability Act of 1998, effective March, (D.C. Law 1-175; D.C. Official Code 8-80), is amended as follows: (a) Subsection (a) is amended to read as follows: (a)(1) Beginning on December 15, 01 and every 5 years thereafter. The Mayor shall prepare and submit to the Council for its review and approval a comprehensive 5-year Master Facilities Plan for public education facilities, along with a proposed resolution, in accordance with this section. The Council shall vote on the 5-year Master Facilities Plan concurrently with its vote on the Mayor s capital budget proposal. If approved by the Council, the 5-year Master Facilities Plan shall take effect on the first day of the succeeding fiscal year. () Council shall conduct at least one public hearing on the proposed 5-year Master Facilities Plan before approval. 56

138 () If, subsequent to Council approval of the 5-year Master Facilities Plan ( plan ), material changes to the plan become necessary, the Mayor may modify the plan; provided, that any modification shall be submitted to the Council for review and approval along with the Mayor s annual submission of a capital budget recommendation for public schools.. (b) Subsection (b) is amended as follows: (1) A new paragraph (1A) is added to read as follows: (1A) Beginning on April 15 th, 01, the Department of General Services shall conduct an annual survey to update information on the enrollment, utilization, and condition of each public school facility and shall make the information available to the public on the Mayor s website by December 1st of each year.. () Paragraph () is amended as follows: (A) Subparagraph (I) is amended by striking the word and at the end. (B) Subparagraph (J) is amended by striking the period and adding the phrase ; and in its place. (C) A new subparagraph (K) is added to read as follows: (K) Any school disposition, including a plan delineating the process through which citizen involvement shall be facilitated, and establishing the criteria that will be utilized in disposition decisions, one of which shall be consideration of the impact of any proposed new use of a school building on the neighborhood in which the building is located.. SUBTITLE C. LIBRARY COLLECTIONS Sec Short title. This subtitle may be cited as the Library Collections Account Amendment Act of 01. Sec. 40. An Act To establish and provide for the maintenance of a free public library and reading room in the District of Columbia, approved June, 1896 (9 Stat. 44; D.C. Official Code et seq.), is amended by adding a new section 14 to read as follows: Sec. 14. Library Collections Account. 57

139 (a) There is established as a nonlapsing account the Library Collections Account ( Account ) into which shall be deposited: (1) All receipts from the sale of used books and other materials; () Proceeds from the sale of library related merchandise; () Gifts, grants, and donations designated for collections; and (4) Such amounts as may be appropriated for the account. (b) The Account shall be used solely for the purpose of procuring materials, including books, CDs, electronic materials, or other records and materials, to maintain and enhance the collections of the District of Columbia Public Library. (c) All funds deposited into the Account, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of the fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (b) of this section without regard to fiscal year limitation, subject to authorization from Congress.. SUBTITLE D. UDC RIGHTSIZING Sec Short title. This subtitle may be cited as the University of the District of Columbia Financial Solvency and Right-Sizing Plan Act of 01. Sec. 40. UDC Right Sizing Plan (a) By October 1, 01 the University of the District of Columbia ( University ) shall transmit to the Council a right-sizing plan that has been approved by the Board of Trustees and outlines the steps that the University shall take, starting in fiscal year 01, to bring the University s costs, staff, and faculty size in line with other comparable public universities. The University shall develop this plan in consultation with the Deputy Mayor for Education. Consistent with preserving and enhancing the mission of the University, the plan shall include the following components: 58

140 (1) A vision for the University of the District of Columbia system that explains the mission, roles, responsibilities, and scope of the flagship university, the community college, and the law school and how they relate to each other; () An enrollment plan that lays out reasonable enrollment projections for the next 5 years based on recent enrollment trends and includes an analysis of potential student demand for the flagship and community college; () An analysis of all academic programs that identifies under-enrolled and underperforming programs and an associated timeline and plan for improving or eliminating those programs; (4) A compensation market analysis to determine appropriate compensation levels for staff and faculty and a strategy and timeline to bring salaries and wages in line with these levels; (5) An analysis of current and planned facilities and a revised capital spending plan that reflects the University s actual enrollment size and realistic enrollment projections; (6) A tuition analysis and timeline to bring tuition more in line with actual costs associated with a student s education with particular emphasis on the non-dc resident tuition rates including the metro-area resident rate; and (7) A staff and faculty reduction strategy and timeline including an assessment of the initial and subsequent budgetary impacts of implementing this strategy. Sec. 40. For the purposes of developing the right-sizing plan required by this act, the University shall use, in consultation with the Board of Trustees, any remaining funding from the $500,000 allocated to support the development of a transition plan for an independent community college pursuant to section 4704 of the Fiscal Year 01 Budget Support Act of 011, effective September 14, 011 (D.C. Law 19-01; 58 DCR 66). SUBTITLE E. UDC COMMUNITY COLLEGE BRANCH STATUS APPLICATION. Sec Short title. 59

141 This subtitle may be cited as the University of the District of Columbia Community College Autonomy Act of 01. Sec University of the District of Columbia Community College Autonomy (a) By November 1, 01, the University of the District of Columbia shall transmit to the Middle States Commission on Higher Education a request for approval of a substantive change to reclassify the University of the District of Columbia Community College as a Branch Campus of the University of the District of Columbia. A copy of this request shall also be transmitted to the Council of the District of Columbia. (b) By October 1, 01 the Chief Executive Officer of the University of the District of Columbia Community College shall report to directly the Board of Trustees, or a sub-committee of the Board of Trustees and shall have direct spending authority over the Community College budget, identified as Division (8000) in the University of the District of Columbia operating budget. SUBTITLE F. DISTRICT OF COLUMBIA SCHOOL REFORM AMENDMENT Sec Short title. This subtitle may be cited as the District of Columbia School Reform Amendment Act of 01. Sec The District of Columbia School Reform Act of 1995, approved April6, 1996 (110 Stat. 11; D.C. Official Code et seq.), is amended by adding a new section 14a to read as follows: Sec. 14a. Charter schools admissions taskforce. (a) There is established a taskforce that shall study providing a neighborhood preference in charter school admissions for the school year. The taskforce shall consist of: (1) The following 5 government officials, or their designees, the: (A) Chairman of the Public Charter School Board; (B) Chairman of the Council of the District of Columbia; 60

142 (C) State Superintendent of Education; (D) Deputy Mayor for Education; and (E) Chancellor of the District of Columbia or her designee; and () The following nongovernment members: (A) Two representatives from charter support organizations; (B) A representative from the education department of a national research organization; (C) A representative from a national charter school organization; (D) Two charter school leaders selected by the Public Charter School Board Chair; and (E) A labor representative. (b) The taskforce shall: (1) Be chaired by the Chairman of the Public Charter School Board, or his or her designee; () Meet at an agreed to location as often as determined necessary by the Chairman of the taskforce; () Explore the feasibility of offering a neighborhood preference in charter school admissions for the school year; and (4) By September 1, 01, submit a report to the Council of its findings, which shall include: (A) Consideration of the various ways in which a neighborhood preference can be designed, including: (i) The pros and cons of a weighted lottery; (ii) Setting aside of a certain percentage of new seats; (iii) A geographically limited preference; and (iv) A preference based on rankings in a city-wide application process; 61

143 1 (B) A definition of neighborhood for the purpose of setting boundaries in admissions; (C) An examination of models that are being used in other jurisdictions and evaluation of their applicability to the District; and (D) Recommendations based on its findings.. SUBTITLE G. HEALTHY SCHOOLS AMENDMENTS Sec Short title. This subtitle may be cited as the Healthy Schools Amendment Act of 01. Sec The Healthy Schools Act of 010, effective October 0, 011 (D.C. Law 19-7; D.C. Official Code et seq.), is amended as follows: (a) Section 10 (D.C. Official Code ) is amended as follows: (1) Subsection (c) is amended as follows: (A) Paragraph (1) is amended by striking the phrase and participating private schools and inserting the phrase participating private schools, and organizations participating in the Summer Food Service Program in its place. (B) Paragraph () is amended by striking the phrase 40 cents for each lunch meal served to students who qualify for reduced-price meals and inserting the phrase 40 cents for each lunch meal that meets the requirements of sections 0 and 0 and is served to students who qualify for reduced-price meals in its place. (C) Paragraph (4) is amended to read as follows: (4) To provide resources to implement the breakfast-in-the-classroom program under section 0(a)(), the Office of the State Superintendent of Education shall provide a onetime subsidy of $7 per student to new public schools, new public charter schools, and new private schools that have not previously received the funds and that participate in the National School Lunch Program, in which more than 40% of students qualify for free or reduced-price meals.. 6

144 () Subsection (e) is amended by striking the phrase do not meet the requirements and inserting the phrase do not meet any or all of the requirements in its place. () Subsection (g) is amended by striking the period and inserting the phrase, and to further improve health, wellness, and nutrition in schools. in I its place. (b) Section 0(b)(1) (D.C. Official Code 8-8.0(b)(1)) is amended as follows: (1) Subparagraph (B) is amended by striking the phrase Added trans fat and inserting the phrase Trans fat in its place. () Subparagraph (C)(iii) is amended by striking the phrase August 1, 00 and inserting the phrase July 1, 0 in its place. (c) Section 0(c) (D.C. Official Code 8-8.0(c)) is amended by striking the phrase are encouraged to and inserting the word shall in its place. (d) Section 04(c) (D.C. Official Code (c)) is amended by striking the phrase The Department of Real Estate Services and inserting the phrase The Department of General Services in its place. (e) Section 05 (D.C. Official Code ) is amended as follows: (1) Paragraph (a)() is amended by striking the phrase ; and and inserting the phrase if requested by parents and legal guardians; and in its place. () Paragraph (b)(1) is amended as follows: (A) Strike the word post and insert the word provide in its place; (B) Strike the period and insert the phrase ; and in its place; and (C) A new subparagraph (C) is added to read as follows: (C) To parents and legal guardians upon request.. (f) Section 06(b) (D.C. Official Code (b)) is amended as follows: (1) Paragraph () is amended by striking the word and. () Paragraph (4) is amended by striking the period and inserting the phrase ; and its place. () A new paragraph (5) is added to read as follows: 6

145 (5) Food not consumed or marketed to students.. (g) A new section 01a is added to read as follows: Sec. 01a. Comprehensive food services plan. (a) Before February 15, 01, the Office of Planning shall transmit to the Council and to the Healthy Schools and Youth Commission a comprehensive food services plan for the District that shall include the following: (1) A plan to reduce the cost of providing food services in the District of Columbia Public Schools, without reducing the quality, taste, or nutritional standards of the food being served, including an: (A) Examination of how similar jurisdictions provide food services in schools; (B) Explanation of the cost drivers in this program; (C) Accounting of: (i) The local funds subsidies (net losses) required by program for each year since FY 007, including the total subsidy per year and the subsidy per meal served per year; (ii) Whether the District has received all of the rebates, credits, and other funds owed by its current food service vendors; (D) An evaluation of whether preparing meals internally without an outside vendor would reduce costs; and (E) An implementation plan and timeline for this program to become cost-neutral. () An analysis of the efficiencies and savings that could be gained by combining the food services programs in the Department of Corrections, Department of Human Services, Department of Mental Health, Department of Parks and Recreation, District of Columbia Public Schools, Office of Aging, and other agencies. 64

146 () An analysis of whether a centralized food services program could offer public charter schools the opportunity to purchase meals from it, instead of from a private vendor. (4) An analysis of how the District s food service programs can become more sustainable. (b) The District of Columbia Public Schools, the Office of the State Superintendent of Education, the Department of General Services, the Mayor s Budget Office, the Council s Budget Office, the Office of the Chief Financial Officer, and the City Administrator shall assist the Office of Planning in preparing the plan required by subsection (a) of this section.. (h) Section 0 (D.C. Official Code 8-8.0) is amended by striking the phrase September 0 and inserting the phrase June 0 in its place. (i) A new section 40a (to be codified at D.C. Official Code a) is added to read as follows: Sec. 40a. Interscholastic athletics plan. (a) On or before February 15, 01, the Deputy Mayor for Education shall transmit to the Council a strategic plan for increasing access to, participation in, and the quality of an interscholastic athletics program in the District of Columbia Public Schools and public charter schools by the school year. (b) The strategic plan shall include a description of: (1) The level of programs needed to ensure greater access to interscholastic athletics; () The resources required to operate a robust interscholastic athletics program throughout the public schools; () Whether District facilities may be better utilized to provide for interscholastic athletics; (4) The effect that a robust athletics program on student health and community involvement.. 65

147 (j) Section 501 (D.C. Official Code ) is amended as follows: (1) The lead in language of subsection (a) is amended by striking the phrase Office of Public Education Facilities Modernization and inserting the phrase Department of General Services in its place. (A) Paragraph (8) is amended by striking the word and. (B) Paragraph (9) is amended by striking the period and inserting the phrase ; and in its place. (C) A new paragraph (10) is added to read as follows: (10) Establish a composting program in District of Columbia Public Schools.. () Subsection (b) is amended by striking the phrase December 1, 010 and inserting the phrase December 1, 01 in its place. () Subsection (c) is amended by striking the phrase December 1, 010 and inserting the phrase December 1, 01 in its place. (k) Section 50(a)(1) (D.C. Official Code (a)(1)) is amended by striking the phrase Office of Public Education Facilities and inserting the phrase Department of General Services in its place. (l) Section 60 (D.C. Official Code ) is amended as follows: (1) Subsection (a) is amended by striking the phrase Office of Public Education Facilities Modernization and inserting the phrase Department of General Services in its place. () Subsection (c) is amended by striking the phrase December 1, 010 and inserting the phrase December 1, 01 in its place. Sec Applicability. This subtitle shall apply as of June 0, 01. SUBTITLE H. EDUCATION FUNDING EQUITY. Sec Short title. This subtitle may be cited as the Education Funding Formula Equity Amendment Act of

148 Sec Uniform Per Student Funding Formula Funding Equity. Section 115 of the Uniform Per Student Funding Formula for Public Schools and Public Charter Schools Act of 1998, effective September 4, 010 (D.C. Law 18-; D.C. Official Code 8-91), is amended by striking the phrase fiscal year 01 and inserting the phrase fiscal year 014 in its place. SUBTITLE I. CHARTER SCHOOL RELOCATION ASSISTANCE Sec Short title. This subtitle may be cited as the Charter School Relocation Assistance Act of 01. Sec The Deputy Mayor for Education is authorized to provide a grant of up to $500,000 in fiscal year 01 to a high school chartered under the District of Columbia School Reform Act of 1995, effective April 6, 1996 (110 Stat. 11; D.C. Official Code et seq.), that is co-located with a public high school that must relocate because of the renovation of the public high school. TITLE V. HEALTH, HUMAN SERVICES, AND RECREATION SUBTITLE A. DEPARTMENT OF MENTAL HEALTH ENTERPRISE FUND ESTABLISHMENT Sec Short title. This subtitle may be cited as the Department of Mental Health Enterprise Fund Establishment Amendment Act of 01. Sec The Department of Mental Health Establishment Amendment Act of 001, effective December 18, 001 (D.C. Law 14-56; D.C. Official Code et seq.), is amended by adding a new section 115f to read as follows: Sec 115f. Department of Mental Health Enterprise Fund. There is established within the General Fund of the District of Columbia a segregated, nonlapsing account designated the Department of Mental Health Enterprise Fund into which shall be deposited all fees, proceeds, and revenues collected from the activities and operations of a food cafeteria managed and operated by the Department to serve Department staff and patients 67

149 on the Saint Elizabeth s Hospital campus, which funds shall be used only for the management and operation of the food cafeteria.. SUBTITLE B. REPORTING REQUIREMENTS. Sec Short Title. This subtitle may be cited as the Reporting Requirements Act of 01. Sec Department of Mental Health reporting requirements. (a) By October 1, 01, the Department of Mental Health ( Department ) shall submit to the Council: (1) A plan to expand, by the beginning of fiscal year 014, the Juvenile Behavioral Diversion Program, which serves youth who have been classified as Persons In Need of Supervision, including: (A) A timetable for the expansion of the program; (B) A list of the services that will be provided to youth as a result of the expansion; and (C) An estimated budget for the expansion of the program; () A report on efforts to implement policies and procedures to allow mentalhealth providers to become credentialed with various payors, such as through a national credentialing organization as authorized by the Centers for Medicaid and Medicare Services, to approve providers certified by the Department; () An update on Department s compliance with the exit criteria set forth in the LaShawn v. Gray Consent Decree, including: (A) A fiscal year 01 plan of action; and (B) A fiscal year 01 spending plan; (4) A report on the recruitment and retention of nurses at Saint Elizabeth s Hospital, including: (A) Efforts undertaken during fiscal year 01 to fill vacancies; (B) A recruitment and retention plan for fiscal year 01; 68

150 (C) Any barriers to filling the vacant positions; and (D) Any impact on the proposed fiscal year 01 budget if the vacant positions are not filled. (5) A report on the implementation Department of Mental Health Nurse Training Program, as established by the Department of Mental Health Nurse Training Program Amendment Act of 01, passed on 1 st reading on May 15, 01 (D.C. Bill 19-74); and (6) A report on the appropriate number of core service agencies to serve the population; (b) By December 1, 01, the Department shall submit to the Council a report on the progress of Saint Elizabeths Hospital in meeting conditions required by the Department of Justice settlement agreement, including the fiscal year 01 spending plan to meet the required conditions. Sec Department of Health reporting requirements. By October 1, 01, the Department of Health ( DOH ) shall submit to the Council: (1) A plan to establish a professional development program for DOH employees, which includes, at a minimum, tuition assistance or provides for remote learning, with institutions of higher learning within the District to prepare DOH employees for advancement to management positions within DOH; () A report on all federal grants for which DOH has received authority to carry over prior year funds into fiscal year 01, including: (A) The amount of the carryover; (B) A spending plan for the carryover and (C) The employee responsible for the grant; () An update on efforts to resolve any issues raised in the fiscal year 010 single state audit, including any additional steps necessary to resolve the issue in fiscal year 01 related to the: (A) Women, Infants, and Children program; 69

151 (B) Housing Opportunities for Persons with AIDS program; (C) HIV emergency relief grants; and (D) HIV Care Formula Grant. (4) A report on the District s participation in the AIDS 01 conference and action plans for fiscal year 01 based on deliverables as identified during the conference; (5) A report on the HIV/AIDS, Hepatitis, STD, and Tuberculosis Administration s compliance with the recommendations from the 011 audit by the U.S. Department of Housing and Urban Development ( HUD ) on the District s Housing Opportunities for Persons with AIDS program, which shall include the actions taken in fiscal year 01 and plans for fiscal year 01 to resolve all concerns outlined in the HUD audit, including those expressed in the findings; (6) A report on action taken in fiscal year 01 or planned for fiscal year 01 to resolve any outstanding issues as identified by the U.S. Department of Health and Human Services, Health Resources Services Administration ( HRSA ) surrounding the management of HRSA federal grant awards regarding HIV/AIDS; (7) An update on efforts undertaken in fiscal year 01 and planned for fiscal year 01 to train providers to appropriately bill Medicaid for substance-abuse services approved as part of the State Plan Amendment ( SPA ), approved in March 01, including any barriers to the implementation of the SPA; (8) An update on efforts to identify and obtain additional local, grant, or federal funding for tobacco-control programs during fiscal year 01; (9) A report on the DOH s efforts to fully implement the Health Care Facilities Improvement Amendment Act of 010, effective April 9, 010 (D.C. Law ; 57 DCR 184), including a fiscal year action plan; (10) A report on the implementation of the Medical Marijuana program, including the status of each cultivation center licensee and each dispensary licensee; and 70

152 (11) A report on mosquito abatement efforts planned for fiscal year 01, including an action plan, delineated by Ward, along with a fiscal year spending plan. Sec Department of Health Care Finance reporting requirements. By October 1, 01, the Department of Health Care Finance ( Department ) shall submit to the Council: (1) A report on efforts to allow behavioral-health providers to bill for communications between a provider and any party determined by that provider to be necessary to make a diagnosis or to develop and implement a treatment plan; () A report on the Department s compliance with the findings set forth in the November 011 Centers for Medicare and Medicaid Services report regarding the District s management and oversight of the Home and Community Based Services Intellectual Disabilities/Developmental Disabilities waiver, including a fiscal year 01 action plan to resolve any outstanding issues and a timetable to ensure the timely submission of all compliance reports required during fiscal year 01; () The status of the rebasing of nursing home-provider rates, including a timeline for implementation during fiscal year 01 and any impact on the approved fiscal year 01 budget; (4) A report on the status of the Department s enrollment and updated enrollment projections for fiscal year 01; (5) A report on the feasibility of basing reimbursement rates for mental-health services provided to both children and adults, on the acuity level of the consumer, including the potential budgetary impact of adopting this rate system in fiscal year 01 and beyond; (6) A report on the feasibility and structure for requiring Alliance beneficiaries to contribute toward their premium payments based on their income level; and (7) A report on the status of all state plan amendments submitted to the federal government during fiscal year 01 and proposed for fiscal year 01, including for each: (A) The date, or the anticipated date, of submission; 71

153 1 (B) The date, or anticipated date, of approval; (C) A descriptive narrative of the changes outlined in the state plan amendment; and (D) An analysis of the impact of each state plan amendment on the fiscal year 01 Budget; and (8) A report on the feasibility and structure for requiring co-pays for certain Medicaid services. Sec Office of the Deputy Mayor for Health and Human Services reporting requirements. By October 1, 01, the Office of the Deputy Mayor for Health and Human Services ( DMHHS ) shall submit to the Council: (1) A report on all efforts undertaken by DMHHS in fiscal year 01 and plans for fiscal year 01, including a spending plan, to coordinate cluster agency actions to enable the District to exit the remaining consent decrees; () A recommendation on how to transition the Medicaid program to entirely a Fee-for- Service program, which shall include, at minimum: (A) The rationale for the recommendation, including supporting data and information; and (B) If appropriate and feasible, a comprehensive transition plan, with a timetable, for the transition to an entirely Fee-for-Service program; () A recommendation on instituting a Health Care Navigator program within the Department of Health Care Finance to assist individuals with high utilization rates to better manage their care; (4) A recommendation on whether individuals with diagnoses of mental-health issues, with HIV/AIDS, who are chronically homeless, or who are developmentally disabled and victims of domestic violence should be given priority consideration for housing provided through the Housing Production Trust Fund, which shall include, at minimum: 7

154 1 (A) The rationale for the recommendation, including data and information; and (B) A plan to implement priority consideration for housing through the Housing Production Trust Fund; (5) A recommendation regarding the creation of a truancy reduction committee in every public school to reduce truancy and related behavioral-health issues; (6) A report on the coordination of care for individuals with mental-health issues and co-occurring chronic diseases, including: (A) Information on the systems currently in place to track the coordination of services across different agencies, providers, and networks; (B) A plan of action developed jointly with other District government agencies to provide appropriate and timely services to these individuals; and (C) A spending plan for fiscal year 01 that identifies areas in which coordination for co-occurring conditions can take place; and (7) A report on the feasibility of requiring all providers who receive a payment for health-care services to agree to the most favored nation status, which requires a provider to grant the District the lowest rate for a service that they accept from any other insurance carrier, which includes: (A) A breakdown of adopting this policy for each of the agencies within the DMHHS cluster; (B) Recommendations for implementing this requirement in fiscal year 01 and beyond; and (C) Any savings associated with the adoption of this policy across the agencies. Sec Not-For-Profit Hospital Corporation reporting requirements. By October 1, 01, the Not-For-Profit Hospital Corporation shall submit to the Council a detailed work plan to implement a navigator program at the Not-For-Profit Hospital 7

155 Corporation to assist patients with diabetes, including those with co-occurring illnesses, in accessing appropriate treatment and care, which shall include: (1) A scope of work for the program and each navigator; () The goals for the program as a whole and for each navigator; and () A detailed spending plan for fiscal year 01. SUBTITLE C. MOSQUITO CONTROL AND ABATEMENT Sec Short Title. This subtitle may be cited as the Mosquito Control and Abatement Annual Plan Act of 01. Sec. 50. Annual mosquito control and abatement plan. Beginning March 1, 01, and annually thereafter, the Department of Health shall develop and submit to the Council a mosquito abatement plan, delineated by ward, for the following fiscal year to prevent and abate the infestation of mosquitoes, which shall, at a minimum, include a: (1) Determination of which wards are in greatest need of mosquito abatement; () Plan of action to eliminate the habitats of immature mosquitoes and control immature or adult mosquitoes; () Plan to ensure that eradication measures are not injurious to pets or wildlife; and (4) Delineation of the costs associated with the entire plan. SUBTITLE D. NOT-FOR-PROFIT HOSPITAL CORPORATION FUND Sec Short Title. This subtitle may be cited as the Not-For-Profit Hospital Corporation Establishment Amendment Act of 01. Sec. 50. The Not-For-Profit Hospital Corporation Establishment Amendment Act of 011, effective September 14, 011 (D.C. Law 19-1; D.C. Official Code et seq.), is amended as follows: 74

156 (a) Section 5114(b) (D.C. Official Code (b)), is amended to read as follows: (b) Disbursements from the Fund may be used for all purposes related to operating the Corporation, the hospital, and other operations on the site, and to purchase for the general public for educational or promotional events and programs sponsored or organized by the Corporation, including the Corporation s Marketing/Public Relations department: (1) Food; () Snacks; () Nonalcoholic beverages; and (4) Marketing and promotional items and gifts.. (b) Section 5117 (D.C. Official Code ), is amended by adding a new paragraph (14A) to read as follows: (14A) Issue grants to promote healthcare programs, policies, and awareness.. SUBTITLE E. SEH NURSE TRAINING PROGRAM Sec Short Title. This subtitle may be cited as the Department of Mental Health Nurse Training Program Amendment Act of 01. Sec Department of Mental Health Nurse Training Program. The Department of Mental Health Establishment Amendment Act of 001, effective December 18, 001 (D.C. Law 14-56; D.C. Official Code et seq.), is amended as follows: (a) Section 10 (D.C. Official Code ) is amended as follows: (1) A new paragraph (9B) is added to read as follows: (9B) Program means the nursing educational tuition assistance program for nurses employed by Saint Elizabeths Hospital established by section 115e. () A new paragraph (1A) is added to read as follows: 75

157 (1A) UDC means the University of the District of Columbia. (b) A new section 115e is added to read as follows: Sec. 115e. Department of Mental Health Nurse Training Program. (a) There is established within the Department, in partnership with UDC, a nurse training program, which shall offer tuition reimbursement for courses at UDC for a licensed practical nurse employed by Saint Elizabeths Hospital to become a registered nurse or for a registered nurse employed by Saint Elizabeths Hospital to earn a Bachelor of Science in Nursing; provided, that the nurse earns at least a grade B and agrees, in writing, to continue to his or her employment at Saint Elizabeths Hospital for a minimum of years. (b) The Department shall: (1) In partnership with UDC develop: (A) The Program; and (B) A course of study that accommodates the schedule of nurses employed full-time; () Administer the Program; () Subject to the availability of funds, establish the number, and amounts of, assistance that can be extended in any fiscal year; (4) Develop a competitive application process for nurses at Saint Elizabeths Hospital to participate in the Program; and (5) Provide remote access learning capacities at Saint Elizabeths Hospital, if feasible.. 76

158 SUBTITLE F. HEALTH NAVIGATOR COORDINATION PROGRAM Sec Short Title. This subtitle may be cited as the Health Navigation Coordination Act of 01. Sec (a) By January 1, 01, the Department of Health shall enter into a memorandum of understanding with the Not-For-Profit Hospital Corporation ( NPHC ) for the transfer of at least $85,000 from the Diabetes Control Program within the Community Health Administration for the purpose of implementing a navigator program at the NPHC to assist patients with diabetes, including those with co-occurring illnesses, in accessing appropriate treatment and care. (b) The completion of this memorandum of understanding shall be contingent upon the submission of a work plan for this funding to the Council and the Department of Health by October 1, 01. SUBTITLE G. DHCF WAIVERS Sec Short Title. This subtitle may be cited as the Department of Health Care Finance Waiver Act of 01. Sec Enrollment Limits. The Department of Health Care Finance: (1) Shall limit the enrollment of individuals in the Elderly and Persons with Physical Disabilities Waiver Program to 4,050 participants in fiscal year 01; and () Is authorized to make application for any needed waiver amendments to effectuate this subtitle. SUBTITLE H. MENTAL HEALTH PSYCHIATRIC SERVICES REIMBURSEMENT Sec Short Title. This subtitle may be cited as the Increased Funding for Reimbursements for Psychiatric Services Act of 01. Sec Increased Funding for Psychiatric Services. 77

159 Of the fiscal year 01 funds allocated to the Department of Mental Health, up to $500,000 shall be used to increase funding for reimbursements for psychiatric services for children and adults. SUBTITLE I. SAFE CHILDREN AND FAMILIES ENRICHMENT SERVICES TASK FORCE Sec Short title. This subtitle may be cited as the Safe Children and Families Enrichment Services Task Force Establishment Act of 01. Sec (a)(1) There is established the Safe Children and Families Enrichment Services Task Force ( Task Force ) which shall be composed of the following members: (A) Five members appointed by the Mayor; and (B) Five members appointed by the Council. () All appoints shall be made within 0 days of the effective date of this section. (b) Members of the Task Force shall represent the local philanthropic community, businesses, and community based stakeholders throughout the District. (c) The members the Task Force shall elect one of its members as chairperson. (d) Each member of the Task Force shall serve without compensation. (e) The Task Force shall consider and present recommendations for providing improved effective services through a 501(c)() organization to District children, youth, and their families, including early childhood development opportunities, safe and enriching centers of learning in and out of school, and other training, recreational, and educational services. (f) No later than 0 days before disbandment, the Task Force shall submit to the Mayor and the Council its findings and recommendations, including any proposed legislative changes and the estimated cost of the proposed legislation. (g) The Task Force shall disband 6 months after the effective date of this section. 78

160 1 SUBTITLE J. PARKS POLICY AND PROGRAMS DIVISION Sec Short title. This subtitle may be cited as the Park Policy and Programs Division Amendment Act of Sec Park Policy and Programs Division establishment. The Division of Park Services Act of 1988, effective March 16, 1988 (D.C. Law 7-09; D.C. Official Code et seq.), is amended by adding a new section a to read as follows: Sec. a. Park Policy and Programs Division. (a) There is established the Park Policy and Programs Division ( Division ) within the Department of Parks and Recreation. The purpose of the Division is to improve the parks and park programs to broaden the use and enjoyment of the parks to enhance the quality-of-life of residents of, and visitors to, the District. (b) The Division shall be administered by a Chief Park Policy and Programs Officer who shall: (1) Have authority over its functions and personnel; () Staff, as necessary, the programs and activities of the Division; () Establish a small parks improvement program, which shall: (A) Categorize, prioritize, and develop systems, options, and processes for pocket-park improvements and long-term maintenance, including sustainability practices; (B) In conjunction with the Partnerships and Development Divisions, develop partnerships with community-based organizations and Friends groups to assist in small parks improvements, programming, and maintenance; () Establish a community gardens program, which shall: (A) Support the Mayor s Sustainable DC initiative to provide healthy, affordable food, by: (i) Developing standards for community gardens; 79

161 1 (ii) Identifying suitable parcels of land for community gardens; and (iii) Assisting community groups to implement community 4 gardens; and (B) Implement the Food Production and Urban Gardens Program Act of 1986, effective Feb. 8, 1987 (D.C. Law 6-10; D.C. Official Code et seq.); (5) In conjunction with the Operations Division, prioritize park improvement projects in the capital improvement program; (6) In conjunction with the Office of Planning, coordinate the implementation of the District s responsibilities regarding the park elements of the Capital Space Plan, as adopted by the National Capital Planning Commission on April 1, 010; (7) In conjunction with the Department of General Services, inventory all real property park assets under the control of the District; and (8) Coordinate appropriate government agencies as needed.. SUBTITLE K. RESTORATION OF DC HEALTHCARE ALLIANCE. Sec Short title. This act shall be cited as the Restoration of DC Healthcare Act of 01. Sec Revenue from rebasing recognized. Any revenues collected during fiscal year 01 as the result of the rebasing of Districtowned nursing homes shall be deposited in the Healthy DC and Health Care Expansion Fund established by the Hospital and Medical Services Corporation Regulatory Act of 1996, effective April 9, 1997 (D.C. Law 11-45; D.C. Official Code ), to fund the restoration of hospital-based services in the DC Health Care Alliance, established by the Healthy DC Act of 008, effective August 16, 008 (D.C. Law 17-19; D.C. Official Code 4-61 et seq.), in fiscal year

162 SUBTITLE L. HOUSING FOR HOMELESS FAMILIES ACT OF 01 Sec Short title. This subtitle may be cited as the Housing for Homeless Families Act of 01. Sec Homeless Housing. The Homeless Services Reform Act of 005, effective October, 005 (D.C. Law 16-5; D.C. Official Code et seq.), is amended by adding a new section 8a to read as follows: Sec. 8a. Fiscal years 01 and 01 rapid re-housing. (a)(1) Beginning in June 01, the Department shall move between 00 and 00 homeless families from hotels or motels, temporary shelters, or severe weather shelters into appropriate permanent housing through rapid re-housing. No less than 00 of these families shall be moved prior to September 0, 01. () Placements made by the Department pursuant to subjection (a) of this section shall be done in coordination with the District of Columbia Housing Authority ( DCHA ) and shall be made based on special eligibility criteria jointly established by the Department and DCHA. The special eligibility criteria shall be established and transmitted to the Council within 0 days of the effective date of this act. () Once there are vacancies in hotels or motels, temporary shelters, or severe weather shelters, the Department shall use all available resources to place new familyshelter applicants who cannot access other housing arrangements, as defined in section 7(c)(4) (D.C. Official Code (c)(4)), into shelters or housing. (b) In Fiscal Year 01, with the inclusion of an additional $4,000,000 into the DCHA Subsidy, the families placed in housing pursuant to subsection (a) of this section shall be transferred to the Rent Supplement Program, established by section 6a of the District of Columbia Housing Authority Act, effective March, 007(D.C. Law 1-105; D.C. Official Code 6-6)

163 1 SUBTITLE M. HEALTHCARE ALLIANCE PRESERVATION Sec Short title. This act shall be cited as the D.C. HealthCare Alliance Preservation Amendment Act of Sec. 51. Section 7(c) of the Health Care Privatization Amendment Act of 001, effective July 1, 001 (D.C. Law 14-18; D.C. Official Code (c)), is amended as follows: (a) Designate the existing text as paragraph (1). (b) The newly designated paragraph (1) is amended by striking the phrase insurance laws, a health and inserting the phrase insurance laws and subject to paragraph () of this subsection, a health in its place. (c) A new paragraph () is added to read as follows: () A contract between the District of Columbia and a health maintenance organization or a managed care organization that provides healthcare services to persons enrolled in the Alliance shall, for fiscal year 01, include coverage for all services, including hospitalbased services, being provided to Alliance enrollees as of January 1, 01; provided, that for fiscal year 01, the Department of Health Care Finance shall have the authority to exclude coverage for those hospital-based emergency services that are eligible for Medicaid reimbursement under 8 U.S.C. 1611(b)(1)(A), 4 U.S.C. 196b(v)(), and 4 C.F.R (c).. TITLE VI. TRANSPORTATION, PUBLIC WORKS, AND THE ENVIRONMENT SUBTITLE A. DEPARTMENT OF TRANSPORTATION PARKING METER PAY-BY-PHONE TRANSACTION FEE FUND AMENDMENT Sec Short title. This subtitle may be cited as the Department of Transportation Parking Meter Pay-by- Phone Transaction Fee Fund Amendment Act of 01. 8

164 Sec The Department of Transportation Establishment Act of 00, effective May 1, 001 (D.C. Law 14-17; D.C. Official Code et seq.), is amended by adding a new section 9f to read as follows: Sec. 9f. The District Department of Transportation Parking Meter Pay-by-Phone Transaction Fee Fund. (a) There is established the District Department of Transportation Parking Meter Payby-Phone Transaction Fee Fund ( Fund ), which shall be administered by the Director of the District Department of Transportation and used by the District Department of Transportation to pay the vendor responsible for maintaining the parking meter pay-by-phone payment system. (b) Notwithstanding section (8) of the District of Columbia Motor Vehicle Parking Facility Act of 194, approved February 16, 194 (56 Stat. 91; D.C. Official Code 50-60(8)), all transaction fees added to the parking meter fees imposed upon users who pay for parking with the pay-by-phone system shall be deposited into the Fund beginning October 1, 01.. Sec Section 11 of An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of such District for the fiscal year ending June 0, 199, and for other purposes, approved April 4, 198 (5 Stat. 19; D.C. Official Code 50-6), is repealed. Sec Section (5) of the District of Columbia Motor Vehicle Parking Facility Act of 194, approved February 16, 194 (56 Stat. 91; D.C. Official Code 50-60(5)), is amended by striking the phrase, in addition to those mechanical parking meters and devices installed pursuant to the authority conferred on the said Mayor by 50-6,. SUBTITLE B. STATE SAFETY OVERSIGHT AGENCY ESTABLISHMENT Sec Short title. This subtitle may be cited as the State Safety Oversight Agency Establishment Act of 01. 8

165 Sec An Act To classify the officers and members of the fire department of the District of Columbia, and for other purposes, approved June 0, 1906 (4 Stat. 14; D.C. Official Code et seq.) is amended as follows: (a) Section 1 (D.C. Official Code 5-401) is amended by adding a new subsection (c) to read as follows: (c) The Department shall provide oversight to ensure the safety and security of streetcar operations in the District of Columbia as provided in section b. (b) A new section b is added to read as follows: Sec. b. State Safety Oversight Agency for DC Streetcar. (a) The Fire and Emergency Medical Services Department ( Department ) is designated as the state safety oversight agency, as required by 49 C.F.R , and shall require, review, approve, and monitor the safety program for the DC Streetcar, established pursuant to section 5()(E) of the Department of Transportation Establishment Act of 00, effective May 1, 00 (D.C. Law 14-17; D.C. Official Code ()(E). (b) The Fire Chief shall issue rules, in accordance with Federal Transit Administration requirements listed in 49 C.F.R. 659, to implement the provisions of the State Safety Oversight Agency Establishment Act of 01.. SUBTITLE C. DISTRICT DEPARTMENT OF TRANSPORTATION OMNIBUS Sec Short title. This subtitle may be cited as the District Department of Transportation Omnibus Amendment Act of 01. Sec. 60. Section (6)(B) of the District of Columbia Administrative Procedures Act, effective March 5, 1977 (D.C. Law 1-96; D.C. Official Code -50), is amended as follows: (a) Sub-subparagraph (i) is amended by striking the semicolon and inserting the phrase and are posted on the website of the District Department of Transportation; in its place. 84

166 (b) Sub-subparagraph (iv) is amended by striking the phrase provided with 0-days written notice and inserting the phrase provided with 0-days written notice via electronic delivery in its place. Sec. 60. The Highway Trust Fund Establishment Act of 1996, effective April 9, 1997 (D.C. Law ; D.C. Official Code et seq.), is amended as follows: (a) A new paragraph (A) is added to Section 10(d) (D.C. Official Code (d)) to read as follows: (A) As of October 1, 011, all monies in the Fund designated to comply with the requirements of section of the District of Columbia Emergency Highway Relief Act, approved August 4, 1995 (109 Stat. 57; D.C. Official Code ), shall not exceed % of the proposed annual federal-aid highway project expenditures.. (b) Section 10a (D.C. Official Code a) is amended as follows: (1) Subsection (a)(4) is amended to read as follows: (a)(4) As of October 1, 011, all revenue derived from public rights-of-way user fees, charges, and penalties collected under authority of the Fiscal Year 1997 Budget Support Act of 1996, effective April 9, 1997 (D.C. Law ; D.C. Official Code et seq.), and regulations promulgated pursuant thereto in Chapter of Title 4 of the District of Columbia Municipal Regulations (4 DCMR ), as now existing or as hereafter amended; provided, that for fiscal year 01, the first $,600,000 collected shall be deposited into the General Fund.. () A new subsection (c-1) is added to read as follows: (c-1) As of October 1, 011, revenue derived and collected pursuant to subsection (a)(4) of this section may be transferred annually to the District of Columbia Highway Trust Fund, but in no event shall all local monies in the fund designated to comply with the requirements of section of the District of Columbia Emergency Highway Relief Act, approved August 4, 1995 (109 Stat. 57; D.C. Official Code ), exceed % of the proposed annual federal-aid highway project expenditures.. (c) A new section 10c is added to read as follows: 85

167 Sec. 10c. Cost Transfer Projects. (a) For the purposes of this act, the term: (1) Indirect cost means a cost incurred for a common or joint purpose benefiting more than one project that is not readily assignable to a project specifically benefitted. () Indirect cost rate means a method for determining in a reasonable manner the proportion of indirect costs each project should bear. () Labor surcharges means the cost of employee fringe benefits, worker compensation insurance, leave, and similar labor related costs. (4) Additive rate means the rate used to represent labor surcharges as a percent of direct labor costs. (b) There is established the following cost transfer projects within the District Department of Transportation capital budget, which shall be used to collect labor surcharges and indirect costs that are recoverable with federally approved indirect and additive rates: (1) A Labor Cost Transfer project, which shall collect indirect labor costs and labor surcharges that cannot be directly charged to capital projects due to federal and local regulation, but are eligible for indirect and additive rate recovery; and () An Administrative Cost Transfer project, which shall collect indirect material testing contract costs, Davis Bacon costs, the production costs of manuals and other administrative Federal Highway Administration support costs, as approved by the Chief Financial Officer of the District of Columbia, which are eligible for federal reimbursement. (c) The Labor Cost Transfer project shall not be authorized any funds from the budget. (d) The Administrative Cost Transfer project shall be allocated budget authority for contractual services. (e) All expenditures posted to the transfer projects during a fiscal year shall be reallocated to active projects based on approved indirect and additive rates, reallocated to the operating budget, or otherwise removed from the cost transfer projects by the end of that fiscal year. 86

168 (f) Beginning October 1, 01, the Mayor shall submit to the Council, on a quarterly basis, a report certified by the Chief Financial Officer of the District of Columbia that provides the current cost transfer project expenditure balances, lists the projects or accounts to which any transfer project expenditures have effectively been charged or moved, and identifies the amount charged or moved.. Sec The Department of Transportation Establishment Act of 00, effective May 1, 00 (D.C. Law 14-17; D.C. Official Code et seq.), is amended as follows: A new section 9g is added to read as follows: Sec. 9g. The District Department of Transportation Sustainable Transportation Fund. (a) There is established as a nonlapsing fund known as the Sustainable Transportation Fund ( Fund ), which shall be administered by the Director of the District Department of Transportation and shall be used by the District Department of Transportation on approved capital projects for bus operating enhancements including the following: (1) Unfunded recommendations in WMATA Bus Line Studies and WMATA Service Evaluations; and () Other investments determined by the Mayor to enhance bus transit operational efficiency and customer service within the District of Columbia. (b) All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (a) of this section without regard to fiscal year limitation, subject to authorization by Congress.. (b) Section (c) is amended by adding a new paragraph () to read as follows: () Notwithstanding paragraph (1) of this subsection, the Director may issue sole source subgrants in excess of $1 million dollars to the Union Station Redevelopment Corporation for the purpose of improving Union Station; provided, that the grants are federal grants and that the Union Station Redevelopment Corporation provides any necessary match.. 87

169 Sec Section of the District of Columbia Motor Vehicle Parking Facility Act of 194, approved February 16, 194 (56 Stat. 91; D.C. Official Code 50-60), is amended by adding a new paragraph (8) to read as follows: (8)(A) The following amounts collected from the parking of vehicles where meters or devices are installed shall be dedicated to paying a portion of the District s annual operating subsidies to the Washington Metropolitan Area Transit Authority: (i) $0,578,700 for fiscal year 01; (ii) $0,578,700 for fiscal year 014; (iii) $0,976, for fiscal year 015; and (iv) $1,78,914 for fiscal year 016 and each year thereafter.. (B) Pursuant to section 64(b) of the Fiscal Year 01 Budget Support Act of 01, one-half of the net revenue derived from any modifications to meter rates or meter hours within each performance parking zone shall be deposited in the Performance Parking Fund; provided, that the net revenue shall be the amount in excess of the revenue that would have been collected if the Mayor had kept the rates and hours in effect as of September 0, 01. (C) Other fees collected for the parking of vehicles where meters or devices are installed shall be dedicated to the Sustainable Transportation Fund established by section 64 of the Fiscal Year 01 Budget Support Act of 01.. Sec Applicability Section 605 shall apply as of October 1, SUBTITLE D. WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY MEMORANDUM OF UNDERSTANDING ESTABLISHMENT Sec Short title. This subtitle may be cited as the Washington Metropolitan Area Transit Authority Memorandum of Understanding Establishment Act of

170 Sec. 60. Section 1 of An Act To grant additional powers to the Commissioners of the District of Columbia, and for other purposes, approved December 0, 1944 (58 Stat. 819; D.C. Official Code ), is amended by adding a new subsection (j-1) to read as follows: (j-1) Placement of orders with the Washington Metropolitan Area Transit Authority. Notwithstanding the Procurement Practices Reform Act of 010, effective April 8, 011 (D.C. Law 18-71; D.C. Official Code et seq.), the Mayor, or his or her delegate, may contract with the Washington Metropolitan Area Transit Authority for materials, supplies, equipment, work, or services of any kind. Contracts executed pursuant to this subsection shall be considered obligations upon appropriations in the same manner as orders or contracts executed pursuant to subsections (j) or (k) of this section. For the purposes of this section, the District Department of Transportation shall be an authorized delegate.. SUBTITLE E. PERFORMANCE PARKING ZONE EXPANSION Sec Short title. This subtitle may be cited as the Performance Parking Zone Expansion Amendment Act of 01. Sec The Performance Parking Pilot Zone Act of 008, effective November 5, 008 (D.C. Law 17-79; D.C. Official Code et seq.), is amended as follows: (a) Section (D.C. Official Code 50-51) is amended as follows: (1) Subsection (a) is amended as follows: (A) Strike the phrase a Performance Parking Pilot Program and insert the phrase Performance Parking Zones in its place. (B) Strike the phrase within and around established performance parking pilot zones and insert the phrase citywide in its place. () Subsection (b) is amended by striking the phrase performance parking pilot zone. () Subsection (c) is amended by striking the phrase Within each performance parking pilot zone, the Mayor shall and insert the phrase The Mayor may in its place. 89

171 (4) Subsection (d) is amended by striking the phrase Within each performance parking pilot zone, and notwithstanding and inserting the word Notwithstanding in its place. (5) Subsection (e) is amended as follows: (A) Strike the word increasing and insert the word changing in its place. (B) Strike the phrase within a performance parking pilot zone,. (6) Subsection (f) is amended by striking the phrase within a performance parking pilot zone, except for changes to curbside parking fees pursuant to subsection (d)(1) of this section.. (7) Subsection (g) is amended by striking the word pilot. (8) Subsection (h) is amended as follows: (A) Strike the phrase pilot zone and insert the phrase performance parking zone in its place. (B) Strike the phrase parking pilot. (b) Section a(a) (D.C. Official Code (a)) is amended as follows: (1) Strike the sentence All parking-meter revenue collected within the Performance Parking Pilot Zones shall be deposited in the Fund and insert the sentence Onehalf of the net revenue derived from any modifications to meter rates or meter hours within each performance parking zone shall be deposited in the Fund; provided, that the net revenue shall be the amount in excess of the revenue that would have been collected if the Mayor had kept the rates and hours in effect as of September 0, 01. () Strike the phrase continually available for, and replace it with the phrase, continually available for projects within the zone from which revenues were raised, for. (c) Section a(a) (D.C. Official Code (a)) is amended to read as follows: (a) The H Street N.E. Performance Parking Pilot Zone is designated as the area within the following boundary: K Street, N.E., from rd Street, N.E. to 8th Street NE; 8th Street, N.E., from K Street, N.E. to Florida Avenue, N.E.; Florida Avenue, N.E., from 8th Street, N.E. to 15th 90

172 Street, N.E.; 15th Street, N.E., from Florida Ave, N.E. to E Street, N.E.; E Street, N.E., from 15th Street N.E. to rd Street, N.E.; rd Street, N.E., from E Street, N.E. to K Street, N.E.; including both sides of these boundary streets.. (d) Section 5 (D.C. Official Code 50-54) is amended as follows: (1) Subsection (a) is amended to read as follows: (a) The Performance Parking Program Fund shall be used for non-automobile transportation investments in each zone. These investments shall supplement or substantially accelerate investments that would otherwise be made by the District.. () A new subsection (c) is added to read as follows: (c) DC Surface Transit, Inc. shall serve as an official advisory body to the District Department of Transportation for performance parking implementation within the Central Washington Area (as defined in 10 DCMR Chapter 16) except where the Central Washington Area overlaps with preexisting performance parking zones.. (e) Section 6 (D.C. Official Code 50-55) is amended as follows: (1) The title is amended to read as follows: Sec. 6. Reporting requirements and oversight for each performance parking zone.. () Subsection (a) is amended by striking the word pilot. () Subsection (b) is amended to read as follows: (b) At the request of any ANC or Ward Councilmember representing all or part of a performance parking zone, DDOT shall conduct public meetings to provide an update on parking management targets and an opportunity for public comment.. (4) Subsection (c) is repealed. (5) Subsection (d) is amended to read as follows: (d) The Mayor shall provide quarterly reports to the Council and make such reports available on its website detailing the following information for each performance parking zone: (1) Quarterly revenue; () Quarterly revenue associated with performance parking meter pricing; 91

173 1 () Quarterly expenditures on non-automobile transportation improvements; and (4) The balance of funds available for additional non-automobile transportation investments (6) Subsection (e) is repealed. SUBTITLE F. DISTRICT OF COLUMBIA TAXICAB COMMISSION FUND Sec Short title. This subtitle may be cited as the District of Columbia Taxicab Commission Fund Amendment Act of 01. Sec Section 0a(a) of the District of Columbia Taxicab Commission Establishment Act of 1985, effective May 10, 1988 (D.C. Law 7-107; D.C. Official Code 50-0(a)), is amended to read as follows: (a) There is established within the District of Columbia treasury a fiduciary fund known as the District of Columbia Taxicab Commission Fund ( Fund ). The Fund shall consist of: (1) All assessments levied by Commission against taxicab operators upon the issuance and renewal of a public vehicle operator s identification license issued pursuant to section 47-89(e) of the D.C. Official Code; and ()(A) The proceeds of a fee or fees established by the Commission, by rule, which are estimated to aggregate at least $1 million in fiscal year 01, and each fiscal year thereafter; or (B) Any other amounts designated by law or reprogramming to be deposited into the Fund in an amount which is estimated to aggregate at least $1 million in fiscal year 01, and each fiscal year thereafter.. SUBTITLE G. DDOT POLICY COMPENDIUM Sec Short title. This subtitle may be cited as the District Department of Transportation Policy Compendium Act of 01. 9

174 Sec Policy compendium. (a) On or before September 0, 01, the District Department of Transportation shall prepare a policy compendium listing all of the agency s policies and procedures that affect the management of the transportation network and public space. (b) The District Department of Transportation shall make the policy compendium available online. Sec Reports. On or before October 1, 01, January 1, 01, April 1, 01, and July 1, 01, the District Department of Transportation shall submit a report to the Council on the status of the policy compendium, the progress made in the preceding quarter, and the projected timeline for completion. SUBTITLE H. HEALTHY AND EFFICIENT HOMES Sec Short title. This subtitle may be cited as the Healthy and Efficient Homes Amendment Act of 01. Sec The Clean and Affordable Energy Act of 008, effective October, 008 (D.C. Law 17-50; D.C. Official Code (c)), is amended as follows: (a) Paragraph (6) is amended by striking the phrase and after the semicolon at the end of the paragraph. (b) Paragraph (7) is amended by the striking the period at the end of the paragraph and inserting the phrase ; and in its place. (c) By adding a new paragraph (8) to read as follows: (8) Weatherization, appliance replacement, and healthy homes programs for fiscal year 01 in the amount of $,000,000.. Sec Applicability. This subtitle shall apply as of October 1, 01. 9

175 1 SUBTITLE I. FOSTER YOUTH TRANSIT SUBSIDY Sec Short title. This subtitle may be cited as the Transit Subsidy for Foster Youth Amendment Act of Sec Section (c)(4) of the School Transit Subsidy Act of 1978, effective March, 1979 (D.C. Law -15; D.C. Official Code 44-17(c)(4)), is amended by striking the semicolon and inserting the phrase and for youth in the District s foster care system until they reach 1 years of age; in its place. TITLE VII. FINANCE AND REVENUE SUBTITLE A. SUBJECT TO APPROPRIATIONS REPEALERS Sec Short title. This subtitle may be cited as the Subject to Appropriations Repealers Amendment Act of 01. Sec Section of the United House of Prayer for All People Real Property Tax Exemption Act of 011, effective December, 011 (D.C. Law 19-51; 58 DCR 8949), is repealed. Sec Section 4 of the Samuel J. Simmons NCBA Estates No. 1 Limited Partnership Real Property Tax Exemption and Equitable Real Property Tax Relief Act of 010, effective March 1, 011 (D.C. Law 18-11; 57 DCR 196), is repealed. Sec Section 601 of the South Capitol Street Memorial Amendment Act of 01, signed by the Mayor on April 10, 01 (Enrolled version of Bill 19-11; 59 DCR 08), is amended to read as follows: Sec Applicability. Title I, Title III, amendatory section 115c of section 40(b) of Title IV, and section 50 of Title V shall take effect upon the inclusion of its fiscal effect in an approved budget and financial plan.. 94

176 Sec Section (d) is amended by creating a new paragraph (d)() to read as follows: () The real property tax exemption granted by paragraph (1) of this subsection shall apply to Square 5190, lots 806, 807, and 808, and Square 548 lots 1,,, 4, 5, 6, 7, and 8 for the consecutive real property tax years beginning with Tax Year 00.. Sec Section of the Washington Ballet Equitable Real Property Tax Relief Act of 011, effective January 1, 01 (D.C. Law ; 58 DCR ), is repealed. Sec Section of the Lottery Amendment Repeal Amendment Act of 01 effective May, 01 (D.C. Act 19-, 59 DCR 54), is repealed. Sec Section of the Community Council for the Homeless at Friendship Place Equitable Real Property Tax Relief Act of 011, effective December, 011 (D.C. Law 19-4, 58 DCR 896), is repealed. Sec Section 701 of the Raising the Expectation for Education Outcomes Omnibus Act of 01, signed by the Mayor on April 0, 01 (D.C. Act 19-45; 59 DCR 64), is amended to read as follows: Sec Applicability. (a) This act shall apply through September 0, 01. (b) Beginning on October 1, 01, this act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan.. Sec Section of the Accountant Mobility Act of 011, effective December 0, 011 (D.C. Law 19-4; 58 DCR 899), is repealed. Sec Section of the Corrections Information Council Amendment Act of 010, effective October, 010 (D.C. Law 18-0; 57 DCR 4514), is repealed. 95

177 Sec Section of the District of Columbia Public Schools and Public Charter School Student Residency Fraud Prevention Amendment Act of 01, signed by the Mayor on March 1, 01 (D.C. Act 19-0; 59 DCR 199), is repealed. Sec Section of the Long-Term Care Ombudsman Program Amendment Act of 01, effective March 14, 01 (D.C. Law ; 59 DCR 455), is repealed. SUBTITLE B. TARGETED RETIREMENT DISTRIBUTION WITH HOLDING Sec Short title. This subtitle may be cited as the Targeted Retirement Distribution Withholding Act of 01. Sec. 70. Section (m) of the District of Columbia Official Code is amended to read as follows: (m)(1) Except as provided in paragraph () of this subsection, if a resident payee receives a payment from a retirement plan or retirement account that is a lump-sum distribution, District income tax shall be withheld on the lump-sum distribution by the payor at the highest District individual income tax rate that is in effect at the time of the distribution. () Paragraph (1) of this subsection shall not apply to: (A) Any portion of a lump-sum payment that was previously subject to tax; (B) An eligible rollover distribution that is effected as a direct trustee to trustee transfer; or (C) A rollover from an individual retirement account to a traditional or Roth individual retirement account that is effected as a direct trustee to trustee transfer. () For the purposes of this subsection, the term: (A) Lump-sum distribution means a payment from a payor to a resident payee of the resident payee s entire account balance, exclusive of any other tax withholding and any administrative charges and fees. (B) Retirement account or retirement plan means: 96

178 (i) A qualified employee plan; (ii) A qualified employee annuity plan; (iii) A defined contribution plan; (iv) A defined benefit plan; (v) A tax-sheltered annuity plan; (vi) An individual retirement account; (vii) Any combination of the plans and account listed in subsubparagraphs (i) through (vi) of this subparagraph; or (viii) Any similarly situated account or plan as defined by the Internal Revenue Code of (4) This subsection shall apply within 5 days of the effective date of the Targeted Retirement Distribution Withholding Emergency Act of 01, effective March, 01 (D.C. Act 19-16; 59 DCR 1709).. SUBTITLE C. SUBSIDIZED NONPROFIT RENTAL UNIT FEE EXEMPTION Sec Short title. This subtitle may be cited as the Subsidized Nonprofit Rental Unit Fee Exemption Amendment Act of 01. Sec Section 401 of the Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code ), is amended by adding a new subsection (c) to read as follows: (c)(1) A nonprofit rental housing provider shall be exempt from the rental unit fee if the provider: (A) Establishes rent schedules for 440 or more subsidized housing units affordable to tenants from low-income, very-low income, or extremely low-income households, as these incomes are defined in section of the Housing Production Trust Fund Act of 1988, effective March 16, 1989 (D.C. Law 7-0; D.C. Official Code 4-801); and 97

179 (B) Does not receive subsidies, but whose income-restricted units would otherwise satisfy the eligibility requirements, under: (i) The Housing Choice Voucher Program under section 8 of the United States Housing Act of 196, approved September 1, 197 (50 Stat. 888; 4 U.S.C. 147(f)); or (ii) The Low Income Housing Tax Credit under section 114 of the Revenue Reconciliation Act of 199, approved August 10, 199 (107 Stat. 1; 6 U.S.C. 4) () For the purpose of this section, the term nonprofit rental housing provider means an organization operating rental units or housing accommodations on a nonprofit basis under which no part of the net earnings of the housing provider inure to the benefit of or are distributable to its directors, officers, or any other private individual except as reasonable compensation for services rendered to the nonprofit housing provider.. SUBTITLE D. EMPLOYER USE TAX RETURN ACT Sec Short title. This subtitle may be cited as the Employer Use Tax Return Act of 01. Sec A new subsection (g) is added to Section of the District of Columbia Official Code to read as follows: (g)(1) Beginning with the 1-month period ending September 0, 01, any employer required to file a District of Columbia withholding tax return, who is not required to collect and remit sales tax, shall file an annual use tax return on or before October 0 of each year, in the manner prescribed by the Chief Financial Officer, remitting with the return the use taxes which are due. () The Chief Financial Officer may permit or require the returns to be made for other periods and upon such other dates as he may specify; provided, that the gross receipts during any tax year shall be included in returns covering such year and no other. 98

180 SUBTITLE E. OVERPAYMENT INTEREST RATE Sec Short title. This subtitle may be cited as the Overpayment Interest Rate Act of 01. Sec Section 47-40(c) of the District of Columbia Official Code is amended to read as follows: (c)(1) For overpayments on which interest is due on or before December 1, 01, the overpayment rate is 6% per year simple interest. () For overpayments on which interest is due beginning January 1, 01, the overpayment rate for each annual period shall be one percentage point above the Primary Credit Discount Rate for the Richmond Federal Reserve Bank as of the previous September 0, rounded to the nearest whole number but not exceeding 6% in the aggregate.. SUBTITLE F. LOWER EFT PAYMENT Sec Short title. This subtitle may be cited as the The Non-Individual Income Tax Electronic Filing Threshold Act of 01. Sec Section (c) of the D.C. Official Code is amended by striking the figure $10,000 and inserting the figure $5,000 in its place. SUBTITLE G. HOMESTEAD DEDUCTION, PERSONAL EXEMPTION, AND STANDARD DEDUCTION Sec Short title This subtitle may be cited as the Homestead Deduction, Personal Exemption, and Standard Deduction Act of 01. Sec Title 47 of the D.C. Official Code is amended as follows: (a) The first sentence of 47-80(14) is amended to read as follows: The term cost-ofliving adjustment for any real property tax year means an amount equal to the dollar amount of the homestead deduction provided in (a) and (a) multiplied by the difference between the Consumer Price Index for the preceding real property tax year and the Consumer 99

181 Price Index for the real property tax year beginning October 1, 010 divided by the Consumer Price Index for the real property tax year beginning October 1, (b) Section 47-84(b)()(J)(i) and (ii) is amended to read as follows: (i) The current tax year s taxable assessment (determined by taking into account the owner-occupant residential tax credit under ); and (ii) The estimate of the proposed taxable assessment for the tax year (determined by taking into account an estimate of the owner-occupant residential tax credit under by using the amount of the current tax year s homestead deduction in lieu of the amount of the proposed tax year s homestead deduction).. (c) (11)(A) is amended to read as follows: (11)(A) Cost-of-living adjustment means an amount, for any calendar year, equal to the dollar amount set forth in paragraph (44)(A) and (B) or (f)(1)(A) and (i) multiplied by the difference between the Consumer Price Index for the preceding calendar year and the Consumer Price Index for the calendar year beginning January 1, 011 divided by the Consumer Price Index for the calendar year beginning January 1, SUBTITLE H. DELINQUENT TAXPAYER REFUND OFFSET Sec Short title. This subtitle may be cited as the The Taxpayer Refund Offset for Department of Motor Vehicle Liabilities Act of 01. Sec Section (c) of the District of Columbia Official Code is amended as follows: (a) Paragraph () is amended by striking the word or. (b) Paragraph () is amended by striking the period at the end and adding the phrase ; or in its place. (c) A new paragraph (4) is added to read as follows: 100

182 (4) To owe delinquent taxes, fees, fines or other liabilities to the Department of Motor Vehicles.. SUBTITLE I. COMMERCIAL PROPERTY TAX RATE AMENDMENT Sec Short title. This subtitle may be cited as the Commercial Property Tax Rate Amendment Act of 01. Sec Section 47-81(b-9) of the District of Columbia Official Code is amended as follows: (a) Paragraph (1)(A) is amended by striking the phrase $1.65 and inserting the phrase $1.55 in its place. (b) Paragraph ()(A)(i) is amended by striking the phrase beginning October 1, 011, the tax rate shall be $1.65 and inserting the phrase beginning October 1, 01, the tax rate shall be $1.55 in its place. Sec This subtitle shall apply upon certification by the Office of the Chief Financial Officer that sufficient revenue is available in the remaining 01 revenue estimates to fund subsection (a)(1) through (1) as set forth in the Revised Revenue Estimate Contingency Priority List of 01, passed on 1 st reading on May 15, 01 (Engrossed version of Bill 19-74). SUBTITLE J. COOPERATIVE HOUSING ASSOCIATION ECONOMIC INTEREST RECORDATION TAX Sec Short title. This subtitle may be cited as the Cooperative Housing Association Economic Interest Recordation Tax Amendment Act of 01. Sec The District of Columbia Real Estate Deed Recordation Tax Act, approved March, 196 (76 Stat. 11; D.C. Official Code et seq.), is amended as follows: (a) Section 0 (D.C. Official Code 4-110) is amended as follows: (1) Paragraph (16) is repealed as of October 1, 009. () Paragraph (7) is amended by striking the word and at the end. 101

183 () Paragraph (8)(B)(ii)(II) is amended by striking the period and inserting a semicolon in its place. (4) New paragraphs (9) and (0) are added to read as follows: (9) Beginning October 1, 009, a security interest instrument pertaining to a cooperative housing association; and (0) Beginning October 1, 009, a deed of economic interest pertaining to a limited-equity cooperative, as defined under D.C. Official Code 47-80(11).. (b) Section 0b(c) (D.C. Official Code (c)) is amended to read as follows: (c)(1) Notwithstanding any other provision of this section, every transfer of an interest in a cooperative housing association in connection with the grant, transfer, or assignment of proprietary leasehold or other proprietary interest, in whole or in part, shall be a transfer of an economic interest. () This subsection shall apply as of October 1, (c) Section 0 (D.C. Official Code 4-110) is amended as follows: (1) Subsection (a)() is amended as follows: (A) Strike the phrase provided, that in the case of a transfer of shares and insert the phrase provided, that, beginning October 1, 009, in the case of a transfer of an economic interest in its place. (B) Strike the phrase, in whole or in part,. () Subsection (c) is amended by striking the period and inserting the phrase ; provided further, that, beginning October 1, 009, in the case of a deed that evidences a transfer of an economic interest in a cooperative housing association, the cooperative housing association shall be jointly and severally liable with the parties to the deed for the payment of taxes imposed by this section regardless of whether the cooperative housing association itself is a party to the deed. in its place. SUBTITLE K. ONLINE VENDORS REMITTANCE OF HOTEL TAXES Sec Short title. 10

184 This subtitle may be cited as The Procedures for Remittance of Hotel Taxes by Online Vendors Amendment Act of 01. Sec Section of the District of Columbia Official Code is amended as follows: (a) Subsection (a-1) is amended to read as follows: (a-1) Additional charges means the excess of the sale or charge receipts received by a room remarketer over the net charges.. (b) Subsection (h-1) is amended to read as follows: (h-1) Net charges means the sale or charge receipts for any room or rooms, lodgings, or accommodations furnished to transients, received from a room remarketer by the operator of a hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration.. (c) Subsection (n)(1)(c) is amended to read as follows: A(C) The sale or charge, to include net charges and additional charges, for any room or rooms, lodgings, or accommodations furnished to transients by any hotel, room remarketer, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for consideration.. (d) A new subsection (v-) is added to read as follows: (v-) ATransient@ means any person who occupies, or has the right to occupy, any room or rooms, lodgings, or accommodations for a period of 90 days or less during any one continuous stay.. Sec Section (a-1) of the District of Columbia Official Code is amended to read as follows: (a-1) For purposes of this chapter and Chapter of this title, a room remarketer shall be deemed a vendor with respect to additional charges and shall file returns and remit tax with respect to such additional charges. The room remarketer shall collect and remit the tax imposed by this chapter and Chapter of this title with respect to the net charges for the 10

185 accommodations to the operator of the hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients for a consideration. The operator shall be deemed a vendor with respect to such net charges and shall file returns and remit tax with respect to such net charges.. Sec Section 47-01(j) of the District of Columbia Official Code is amended to read as follows: (j) The definitions of additional charges, business, District, food or drink, gross receipts, Mayor, net charges, person, purchaser s certificate, retail establishment, return, room remarketer, sale and selling, sales price, semipublic institution, tangible personal property, tax, tax year, taxpayer, and transient as defined in Chapter 0 of this title, are incorporated in and made applicable to this chapter.. SUBTITLE L. RECORDATION TAX ON REFINANCES OF SECURITY INTEREST INSTRUMENTS Sec Short title. This subtitle may be cited as the Recordation Tax on Refinances of Security Interest Instruments Clarification Act of 01. Sec. 71. Section 0(a) (D.C. Official Code 4-110(a)) of the District of Columbia Deed Recordation Tax Act, approved March, 196 (76 Stat. 11; D.C. Official Code et seq.), is amended as follows: (a) Add the phrase (to complete the calculation of total recordation tax due at time of recording, see also additional tax in subsection (a-4)) after the phrase taxed at the rate of 1.1% wherever it appears. (b) Paragraph () is amended to read as follows: ()(A) Notwithstanding paragraph (1) of this subsection, at the time a security interest instrument is submitted for recordation, it shall be taxed at a rate of 1.1% (to complete the calculation of total recordation tax due at time of recording, see also additional tax in subsection (a-4)) of the total amount of debt incurred which is secured by the interest in real 104

186 property; provided, that if the existing debt is refinanced, the rate shall be applied only to the principal amount of the new debt in excess of the principal balance due on the existing debt to the extent that such existing debt (including any prior debt that was previously refinanced by the existing debt) was: (i) Previously taxable under this paragraph and the tax thereon was timely and properly paid; or (ii) Exempt under section 0 or not otherwise taxable, including purchase money mortgages described in section 0(5). (B) Any amendment, modification, or restatement of a security interest instrument shall be deemed a refinance of the entire, aggregate debt owed, unless the amendment, modification, or restatement is a supplemental deed. With such a deemed refinance, the rate in subparagraph (A) of this paragraph shall be applied only to the principal amount of the modified debt (including amounts paid to the borrower on the existing security interest instrument during the preceding 1 months) in excess of the principal balance due on the existing debt (before any such payment) to the extent that the existing debt (including any prior debt that was previously refinanced by the existing debt) was: (i) Previously taxable under this paragraph and the tax thereon was timely and properly paid; or (ii) Exempt under section 0 or not otherwise taxable including purchase money mortgages described in section 0(5).. Sec. 71. Applicability. Section 71 shall apply beginning October 1, 011. SUBTITLE M. NONPROFIT AFFORDABLE HOUSING DEVELOPER TAX RELIEF. Sec Short title. This subtitle may be cited as the Nonprofit Affordable Housing Developer Tax Relief Act of

187 Sec. 71. Chapter 10 of Title 47 of the District of Columbia Official Code is amended as follows: (a) The table of contents is amended by adding a new section designation to read as follows: Nonprofit Affordable Housing Developer Tax Relief.. (b) A new section is added to read as follows: Nonprofit Affordable Housing Developer Tax Relief. (a)(1) Property providing extremely low- or very low-income housing, as defined by the U.S. Department of Housing and Urban Development, ( affordable housing ) that is owned by an organization that is not organized or operated for private gain, or that is owned by an entity controlled, directly or indirectly, by such an organization, shall be exempt from the taxation imposed by Chapters 8 and 9 of this title and the District of Columbia Deed Recordation Tax Act, approved March, 196 (76 Stat. 11; D.C. Official Code et seq.), and from a payment in lieu of tax imposed under (0) during the time that the real property is being developed for the exempt purposes or continues to be used for affordable housing and is under applicable use restrictions during a federal low-income housing tax credit compliance period, including any extended use period, or similar federal or local program compliance period governing income and use restrictions. () The Mayor shall certify to the Office of Tax and Revenue each taxpayer and property eligible for an exemption. The certification shall identify: (A) The property to which the certification applies by square and lot, or parcel or reservation number; (B) The specific owner, including taxpayer identification number, that is eligible; (C) The portion of the property that is eligible; (D) The effective date of the exemption, which shall be the date on which the organization acquired the parcel, or October 1, 01, whichever is later; and 106

188 (E) Any other information as the Office of Tax and Revenue shall require to administer the exemption. () The Mayor shall notify the Office of Tax and Revenue if any taxpayer or property certified as eligible under paragraph () of this subsection becomes ineligible for the exemption under subsection (a) of this section. The notification shall identify: (A) The property to which the notice applies by square and lot or parcel or reservation number; (B) The owner, including taxpayer identification number; (C) The portion of the property ineligible; (D) The date on which the taxpayer or property became ineligible; and (E) Any other information as the Office of Tax and Revenue shall require to administer the termination of the exemption. (4) The Office of Tax and Revenue shall administer the exemption provided under this section in the same manner as the exemptions provided under section , and properties exempted under subsection (a) shall be subject to sections , and , except that an owner shall not be required to file an application with the Office of Tax and Revenue in order to qualify for an exemption. (c) The grant of a tax exemption as provided in this section shall be in addition to, and not in lieu of, any other tax relief or assistance from any other source applicable to either the real property or its owner. (d) This section shall apply for real property tax years beginning after September 0, 01.. Sec. 71. Section 0 of the District of Columbia Deed Recordation Tax Act, approved March, 196 (76 Stat. 11; D.C. Official Code 4-110), is amended by adding a new paragraph (9) to read as follows: (9) In accordance with the Low Income Housing Tax Credit Authority Act of 01, passed on 1st reading on May 15, 01 (Engrossed version of Bill B19-74) ( TCAA ), a 107

189 deed to property that provides extremely low- or low-income housing that is exempt from property taxation pursuant to the TCAA.. SUBTITLE N. GALLERY PLACE TIF REALLOCATION AND CONVENTION CENTER MARKETING FUND. Sec Short title. This subtitle may be cited as the Gallery Place Tax Increment Refinancing Allocation and Washington Convention Center Authority Marketing Fund Amendment Act of 01. Sec (a)(1) The Chief Financial Officer shall recognize the additional tax increment revenue above that which was needed for debt service for the Gallery Place Project Bonds, Series 00 for the Gallery Place Project, as defined in section (a)() of the Gallery Place Economic Development Amendment Act of 000, effective April, 001 (D.C. Law 1-41; D.C. Official Code (a)()), as fiscal year 01 local funds revenue. () The funds recognized in paragraph (1) of this subsection shall be allocated to the Commission on Arts and Humanities on a one-time basis in fiscal year 01. (b)(1) The Chief Financial Officer shall recognize as local funds revenue in fiscal year 01, and each fiscal year thereafter, the revenue projected to be returned from the bond trustee under the indenture of the 01 Gallery Place Project refinancing bonds. () The funds recognized in paragraph (1) of this subsection shall be allocated as follows: (A) The amount of $800,000 to the Commission on Arts and Humanities ; and (B) The amount of $ million to the Washington Convention and Sports Authority Marketing Fund, pursuant to section 08a(h) of the Washington Convention Center 108

190 Authority Act of 1994, effective September 8, 1994 (D.C. Law ; D.C. Official Code a(h). Sec Section 08a of the Washington Convention Center Authority Act of 1994, effective September 8, 1994 (D.C. Law ; D.C. Official Code a), is amended by adding new subsections (h) and (i) to read as follows: (h) Beginning in fiscal year 01 and each fiscal year thereafter, the Chief Financial Officer shall transfer $ million from the General Fund of the District of Columbia to supplement the Market Fund. (i)(1) In addition to any other limitation applicable under subsection (e)(1) of this section, funds transferred pursuant to subsection (h) of this section shall be limited to Destination DC-led advertising programs with the specific purpose to increase tourism and convention travel to the District of Columbia and further the purpose of the marketing service contracts entered into pursuant to subsection (e) of this section and used only for: (A) Targeted online advertising; (B) Search engine marketing; (C) Print media; (D) Broadcast media; (E) Social media marketing; (F) Outdoor media (billboards/signage); (G) Direct-to-consumer campaigns; and (H) Pop-up experiential marketing opportunities. 109

191 () All uses of funds transferred pursuant to subsection (h) of this section shall be subject to mandatory return-on-investment analysis as determined by the Authority s marketing service contract oversight functions. () Any use of funds transferred pursuant to subsection (h) of this section that are used outside the scope and intent of subsection (i) of this section, as determined by the Authority pursuant to its marketing service contract oversight function, shall lead to automatic revocation of remaining funds transferred at the beginning of that fiscal year pursuant to subsection (h) of this section and revert back to the General Fund for the District of Columbia TITLE VIII. BUDGET SUPPORT ACT CONFORMING AND TECHNICAL AMENDMENTS SUBTITLE A. PRIOR BUDGET SUPPORT ACT AMENDMENTS Sec Short title. This subtitle may be cited as the Prior Budget Support Act Amendments Act of 01. Sec The Fiscal Year 01 Budget Support Act of 011, effective September 14, 011 (D.C. Law 19-1; 58 DCR 666), is amended as follows: (a) Section 900 is repealed. (b) Section 9067 is amended by adding new subsection (c) is added to read as follows: (c) Section 70 (D.C. Official Code ) is repealed.. (c) Section 907 is amended to read as follows: Sec Animal Control License Fees Fund. Section 5 of the Animal Control Act of 1979, effective October 18, 1979 (D.C. Law - 0; D.C. Official Code ), is amended as follows: (1) A new subsection (e-1) is added to read as follows: (e-1) All the fees collected pursuant to subsection (e) of this section shall be deposited in the General Fund of the District of Columbia.. () Subsection (i) is repealed.. 110

192 (d) Section 9099 is repealed. (e) A new section 9109 is added to read as follows: Sec Notwithstanding any other law, the funds which are deposited in the fund designated for accounting purposes by the Office of the Chief Financial Officer as fund 51 within the Metropolitan Police Department shall be deposited in the General Fund of the District of Columbia and shall not be accounted for by a separate fund or account within the General Fund of the District of Columbia. Any unexpended funds in the fund on the effective date of this subtitle shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia.. Sec Section (f) of the District of Columbia Official Code is amended as follows:(a) Paragraph () is amended by striking the number 01 and inserting the number 016 in its place. (b) Paragraph () is amended by striking the date May 4, 011 and inserting the date May, 015 in its place. Sec Section 6 of the Revised Fiscal Year 01 Budget Support Technical Clarification Temporary Amendment Act of 011, effective December, 011 (D.C. Law 19-5; D.C. Official Code (a)(8)(A)), is amended by striking the phrase $400, plus 6% of the excess over $40,000 and inserting the phrase $400, plus 6% of the excess over $10,000 in its place. Sec (a) Section (a) of the District of Columbia Official Code is amended as follows: (1) Paragraph (1)(B) is amended to read as follows: (1)(B) For individuals, estates, and trusts, interest upon the obligations of a state, territory of the United States, or any political subdivision thereof, but not including the District, acquired by the taxpayer on or after January 1, 01, shall be included in the computation of District gross income.. () Paragraph (1A) is repealed in its entirety. 111

193 Sec Section (a) of the District of Columbia Official Code is amended by adding a new paragraph (8) to read as follows: (8)(A) In the case of a taxable year beginning after December 1, 011, there is imposed on the taxable income of every resident a tax determined in accordance with the following table: If the taxable income is: The tax is: Not over $10, % of the taxable income Over $10,000 but not over $40,000 $400, plus 6% of the excess over $10,000. Over $40,000 but not over $50, $,00, plus 8.5% of the excess over $40,000 Over $50, $8,550, plus 8.95% of the excess above $50,000. (B) This paragraph shall expire as of January 1, SUBTITLE B. FY 01 O-TYPE REDESIGNATION Sec Short title. This subtitle may be cited as the Fiscal Year 01 O-Type Redesignation Act of 01. Sec O-Type Redesignation. (a) Of the funds that were undesignated pursuant to section of the Fiscal Year 01 Budget Support Act of 011, effective September 14, 011 (D.C. Law 19-1; 58 DCR 66), $9,709,447 shall be redesignated to accounts as set forth in the following table: 1 FUND NUMBER 6008 AGENCY FUND TITLE AMOUNT DEPT. OF CONSUMER AND REGULATORY AFFAIRS 6108 DC PUBLIC LIBRARY 600 DEPT. OF CONSUMER AND REGULATORY AFFAIRS R-E GUAR. & EDUC. FUND COPIES AND PRINTING BOARD OF ENGINEERS FUND $594,86 $170,0 $49,7 11

194 DEPT. OF CONSUMER AND REGULATORY AFFAIRS DEPT. OF CONSUMER AND REGULATORY AFFAIRS DEPARTMENT OF CORRECTIONS 06 DEPARTMENT OF HEALTH 064 DEPARTMENT OF HEALTH DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT 00 TAXI CAB COMMISSION OFFICE OF THE ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL OFFICE OF THE ATTORNEY GENERAL DEPARTMENT OF EMPLOYMENT SERVICES OFFICE OF PEOPLE S COUNSEL DEPARTMENT OF HUMAN SERVICES DEPARTMENT OF REAL ESTATE SERVICES OFFICE OF MUNICIPAL PLANNING DEPARTMENT OF EMPLOYMENT SERVICES DEPARTMENT OF EMPLOYMENT SERVICES 0600 OFFICE OF CABLE TV DEPARTMENT OF TRANSPORTATION DISTRICT DEPARTMENT OF THE ENVIRONMENT BASIC BUSINESS LICENSE FUND GREEN BUILDING FUND CORRECTIONS TRUSTEE REIMBURSEMENT PHARMACY PROTECTION BOARD OF MEDICINE SOIL EROSION/SEDIMENT CONTROL SUSTAINABLE ENERGY TRUST FUND TAXICAB ASSESSMENT ACT Child Support -Interest Income Child Support - Reimbursements & Fees CHILD SPT - TANF/AFDC COLLECTIONS WORKERS COMPENSATION ADMIN. ADVOCATE FOR CONSUMERS $1,109,474 $405,144 $1,478,008 $1,100,95 $,598,0 $,05 $,100,000 $57,779 $894 $9,1 $,419,15 $9,556,870 $71,404 SSI PAYBACK $40,0 EASTERN MARKET ENTERPRISE FUND HIST. LANDMARK & HIST. DIST. FILING FEES U. I. INTEREST/PENALTIES UI ADMINISTRATIVE ASSESSMENT CABLE FRANCHISE FEES TREE FUND (EST DC ACT ) DC MUNICIPAL AGGREGATION PROGRAM $58,10 $80,69 $960,6 $,1,581 $777,407 $19,97 $5,055 11

195 DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT DISTRICT DEPARTMENT OF THE ENVIRONMENT ALCOHOLIC BEVERAGE REGULATION ADMIN. MEDICAL LIABILITY CAPTIVE INS AGENCY ANACOSTIA RIVER $874,995 CLEAN UP FUND RENEWABLE ENERGY $17,446 DEVELOPMENT FUND ENERGY ASSISTANCE TRUST $0,999 FUND ABC -IMPORT AND $55,48 CLASS LICENSE FEES CAPTIVE $66,50 INSURANCE FUND Total: $9,707,447 (b) Of the funds not redesignated by subsection (a) of this section, the Chief Financial Officer shall recognize $1,87,454 as fiscal year 01 revenue. TITLE IX. CAPITAL BUDGET SUBTITLE A. DISTRICT DEPARTMENT OF TRANSPORTATION CAPITAL PROJECT REVIEW AND RECONCILIATION Sec Short title. This subtitle may be cited as the District Department of Transportation Capital Project Review and Reconciliation Act of 01. Sec Definitions. For the purposes of this subtitle, the term: (1) CFO means the Chief Financial Officer. () Director of Capital Programs means the Director of Capital Programs within the Office of Budget and Planning of the Office of the Chief Financial Officer. () Local Streets Ward-Based Capital Projects means the Department of Transportation s 8 local streets ward-based capital projects (Project No. SR01-SR08), which endeavor to preserve, maintain, repair, or replace the District s sidewalks, curbs and local roads. (4) Inactive means that no nonpersonal service funds have been obligated or expended for a capital project during the preceding calendar months. Sec Criteria for closing capital projects. 114

196 (a) For any capital project funded from revenues in the Local Transportation Fund, the CFO, in consultation with the Mayor, may close the project if the project: (1) Has obligated or expended funds in excess of its approved budget; or () Has been inactive for 1 months or longer. (b) For any capital project funded from revenues in the Highway Trust Fund, the CFO, in consultation with the Mayor and the Federal Highway Administration Division, may close the project if the project: (1) Has been closed by the United States Department of Transportation; () Has an open balance of: (A) $500,000 or more, and has been inactive for 1 months; (B) Between $50,000 and $499,999, and has been inactive for 4 months; (C) Less than $50,000, and has been inactive for 6 months; or () Has obligated or expended funds in excess of its approved budget. (c) If a capital project has a budget allotment in excess of its budget authority, the CFO, in consultation with the Mayor, may adjust the allotment to match the correct budget authority. (d) The CFO may delegate the authority granted to him or her by this section to the Director of Capital Programs. Sec Use of funds resulting from closure. (a) Funds resulting from the closure of capital projects pursuant to section 900(a) shall be allocated to restore funding to the Pedestrian and Bicycle Safety Enhancement Fund up to an annual level of $1,500,000 and then equally among the Local Streets Ward-Based Capital Projects. (b) Funds resulting from the closure of capital projects pursuant to section 90(b) shall be allocated to the Federal Highway Administration capital projects approved for the current fiscal year as part of that year s Budget Request Act. Sec Quarterly summary. 115

197 The CFO shall submit to the Mayor and the Council a quarterly summary of all capital project closures conducted pursuant to this act. SUBTITLE B. CAPITAL BUDGET REPORTING Sec Short title. This subtitle may be cited as the Capital Budget Reporting Requirements Act of 01. Sec Beginning October 1, 01, the Mayor shall submit to the Council, on a quarterly basis, a report certified by the Chief Financial Officer of the District of Columbia providing the lists of the projects or accounts to which any budget obligations or cash expenditures have been charged or reclassified under the Office of Contracting and Procurement s Article provision for emergency approval of expenditures for the District Department of Transportation. The quarterly reports shall include documentation of sufficient capital budget to support the obligations or expenditures. SUBTITLE C. CAPITAL BUDGET AUTHORITY TRANSFER Sec Short title. This subtitle may be cited as the Capital Budget Authority Transfer Act of 01. Sec. 90. The following capital budget adjustments shall be made: (a) The current budget authority and allotment shall be reduced for the following: (1) Project AW000 South Capitol Street Corridor; () Fund detail 00 $1,716,14; () Fund Detail $6,085,114; (4) Project TOP00 Transit Operations and Dedicated Facilities; (5) Fund Detail 00 $187,0; (6) Fund Detail 050 $66,780. (b) The current budget authority and allotment shall be increased for the following: (1) Project HTF00 11th Street Bridge; () Fund Detail 00 $1,90,54; () Fund Detail $6,748,

198 SUBTITLE D. FISCAL YEAR 01 CAPITAL PROJECT REALLOCATION APPROVAL of 01. Sec Short title. This subtitle may be cited as the Fiscal Year 01 Capital Project Reallocation Approval Sec. 90. (a) Pursuant to and in accordance with Chapter of Title 47 of the District of Columbia Official Code, the Council approves the reallocation of District of Columbia general obligation bond proceeds in the amount of $0,996,44 currently allocated to the District capital projects listed in Table A to the District capital projects, in the amounts specified, listed in Table B. (b) The current allocations were made pursuant to the Fiscal Year 000 General Obligation Bond Issuance Authorization Emergency Resolution of 000 (PR1-658), the Fiscal Year 001 General Obligation Bond Issuance Authorization Resolution of 001 (PR14-4), the Fiscal Year 00 General Obligation Bond Issuance Authorization Emergency Resolution of 00 (PR14-585), the Fiscal Year 00 General Obligation Bond Issuance Approval Resolution of 00 (PR15-19), the Fiscal Year 004 General Obligation Bond Issuance Approval Emergency Resolution of 00 (PR15-64), the Fiscal Year 005 General Obligation Bond Issuance Approval Resolution of 004 (PR15-715), the Fiscal Year 006 General Obligation Bond Issuance Approval Emergency Resolution of 005 (PR16-56), the Fiscal Year 007 General Obligation Bond Issuance Approval Resolution of 007 (PR17-144), and the Fiscal Year 008 General Obligation Bond Issuance Approval Resolution of 007 (PR17-415). TABLE A CAPITAL PROJECTS TO WHICH BOND PROCEEDS ARE CURRENTLY ALLOCATED Agency Project Implementing Project Title Bond Amount Agency Issuance Series DCPS MG6 DGS MONTGOMERY/KIPP 007A 94,0 EDU. CTR DCPS NA6 DGS BALLOU SH 007C 70,80 DCPS NB DGS BELL LINCOLN HIGH 007C 48,85 DCPS NB4 DGS BIRNEY ELEMENTARY 00A,004A,B,C 54,

199 DCPS NC8 DGS CLEVELAND 007C 4,586 ELEMENTARY DCPS NJ DGS MACFARLAND MS 007A 1,10,698 DCPS NN6 DGS SHARPE HEALTH- 007C,65 RENOVATION DCPS NO1 DGS SLOWE ES 00B,C,D 10,0 DCPS NO DGS SMOTHERS ES 00B,C,D 1, DCPS NP9 DGS TURNER ES 007C 6,888 DCPS NQ DGS WALKER JONES ES 007A 819,004 DCPS NR8 DGS KELLY MILLER MS 007C 4,6 DCPS T DGS DCPS GENERAL I.T. 004A,B,C 1,041,980 DDOT CK DDOT FY0 ADVANCE DESIGN 005A 108,494 DDOT EDS DDOT GREAT STREETS 007A 4,555,55 INITIATIVES DDOT WTF DDOT RELOCATE GEORGTOWN SALT DOME TO RENO RD 007A 06,975 DGS AA DGS DC ARMORY 007C,169 DGS GR9 DGS RENOVATE OLD 001C 44,8 JUVENILE COURT BLDG DGS N14 DGS GOVERNMENT CENTERS 004A,B,C,1,48 DGS PL106C DGS GOVT CTRS POOL (ANACOSTIA-DOES- DHS) 008E 457,198 DGS WIL DGS WILSON BUILDING 005A 7,999 DHS SB6 DGS CCNV SHELTER 004A,B,C 10,000 DMH HX9 DMH SAINT ELIZABETH 001C 718 HOSPITAL IMPROVEMENTS DMH XA4 DMH DEMOLITION OF 008E 7,8 DIX/JHP DMV WA DMV BRENTWOOD RD NE- 00A 8,101 DMV DMV WA7 OCTO MSMP-MOTORIST 004A,B,C,178,7 SERVICES MODERNIZATION PROGRAM DOC CE DGS GEN. IMPROVEMENTS 004A,B,C 154 AT CENTRALDETENTION CENTER DPR QBS DGS GORGETOWN POOL & 00B,C,D 6 REC CENTER DPR QD1 DGS CAMP RIVERVIEW REC FACILITY 004A,B,C 61,07 118

200 DPW FM1 DPW FACILITY RENOVATION 00B,C,D 1,500 DPW DPW SW4 DPW SOLID WASTE 004A,B,C 4 MANAGEMENT FEMS FTS FEMS FIRE TRAINING 001C 401,06 SIMULATOR FEMS LA1 DGS ENGINE 1 COMPLETE 004A,B,C & 49,164 RENOVATION 005A FEMS LA7 DGS E-7/FLEET 005A 8,896 MAINTENANCE FEMS LB DGS ENGINE 1 COMPLETE 001C,007C 551 RENOVATION FEMS LB6 DGS ENGINE 15 COMPLETE 004A,B,C & 70,56 RENOVATION 005A FEMS LD1 DGS ENGINE 8 COMPLETE 00B,C,D 8,190 RENOVATION FEMS LD DGS ENGINE 9 COMPLETE 004A,B,C & 1,064,988 RENOVATION 005A FEMS LE DGS ENGINE 5 COMPLETE 004A,B,C 18,77 RENOVATION FEMS LE5 DGS ENGINE 14 COMPLETE 004A,B,C 0,987 RENOVATION FEMS LE7 DGS ENGINE 7 COMPLETE 004A,B,C 06,17 RENOVATION FEMS LF FEMS FLEET MAINTENANCE 004A,B,C 19,878 MPD DP6 MPD POLICE COMPUTERS 007C 1,60 OCA SM4 OCA HOMELESS NO MORE 008E 5,570 OCP MMS OCP PMIS ENHANCEMENT 001C 4,181 OCTO N18 OCTO DATA CENTER 004A,B,C,956,568 FACILITY IMPROVEMENTS UDC PA6 DGS BUILDING # 44 00B,C,D,05 TOTAL $ 0,996,44 TABLE B APPROVED CAPITAL PROJECTS TO WHICH BOND PROCEEDS ARE REALLOCATED Agency Project Implementing Project Title Bond Agency Issuance Series WMATA TOP WMATA TRANSIT OPERATIONS & DEDICATED FACILITIES Amount N/A $ 0,996,44 119

201 SUBTITLE E. CAPITAL PROJECT RESCISSION. Sec Short title. This subtitle may be cited as the Capital Project Rescission Act of 01. Sec (a)the Chief Financial Officer shall rescind $1,100,000 of PAYGO allotment and budget authority from capital project EB40c, Pennsylvania Avenue SE Properties, under the Deputy Mayor for Planning and Development, in fiscal year 01. (b)the Chief Financial Officer shall recognize the rescinded amount identified in subsection (a) of this section as fiscal year 01 local funds revenues. TITLE X. REVISED REVENUE ESTIMATE CONTINGENCY Sec Short title. This subtitle may be cited as the Revised Revenue Estimate Contingency Priority List of 01. Sec (a) If, pursuant to the Fiscal Year 01 Budget Request Act of 01, local revenues are certified in the June 01, September 01, or December 01 revenue estimates that exceed the annual revenue estimate incorporated in the approved budget and financial plan for this fiscal year, the revenues shall be allocated in the following priority; provided, that if the Chief Financial Officer certifies that the amount enumerated in a paragraph has already been allocated from an alternative source, the paragraph shall not apply: (1) Department of Human Services - $7,000,000 to increase local funds for homeless services to cover the loss of federal block grant carryover funds; () Department of Human Services - $14,700,000 to increase the TANF job program to universality; () Various agencies - $9,540,000 to fund and implement the South Capitol Street Memorial Amendment Act of 01, passed on nd reading on March 0, 01 (D.C. Act 19-44; 59 DCMR 08); (4) Department of General Services - $18,000,000 to purchase land in NoMa to convert into park and recreational space; 10

202 1 (5) Department of Human Services - $1,700,000 for youth homelessness prevention; (6) Department of Human Services - $1,575,451 to increase local funds to cover the loss of federal funds in Family Services block grants, refugee services, emergency shelter, pregnancy, and teen parenting; (7) Department of Housing and Community Development - $,900,000 to increase local funding for the Home Purchase Assistance Program; (8) Deputy Mayor for Public Safety and Justice/Office of Victims Services - $,584,000 for Emergency and Transitional Housing, the restoration of the cut to core services, and to fund the Lethality Program; (9) Office of the State Superintendent of Education - $8,550,000 for increasing infant and toddler services/early intervention slots by 95; (10) Office of the State Superintendent of Education - $5,000,000 for special education improvement, compliance, and capacity building (11 FTEs); (11) Department of Employment Services - $10,000,000 for adult job training; (1) General Fund Revenue - $10,000,000 to reduce the commercial property tax rate on the first $ million of assessed value from $1.65 to $1.55 per $100 of assessed value; (1) University of the District of Columbia - $,000,000 to provide full funding requested by the University of the District of Columbia for early out; (14) Office of Planning - $1,500,000 for the Ward 8 Pilot budget challenge; (15) Office on Aging - $76,874 to increase one FTE for the Senior Villages coordinator; (16) Fire and Emergency Medical Services - $540,000 to expand the Fire Cadet program; (17) Department of Human Resources - $0,000 to restore the Capital City Fellows Program (5 FTEs); 11

203 (18) Office of Motion Picture and Television Development - $ 10,000,000 for additional funds in the Film DC Economic Incentive Fund; (19) Department of Small and Local Business Development - $0,000 for additional full-time equivalents; (0) Department of Consumer and Regulatory Affairs - $150,000 for the Boxing and Wrestling Commission; (1) Office of Motion Picture and Television Development - $150,000 for a costbenefit study; () Department of General Services - $1,500,000 for expenses related to the Takoma Theater; and () Department of Parks and Recreation - $5,000,000 for expenses related to the Douglas Recreation Center. (b) The District of Columbia may obligate and expend any increase in the amount of funds authorized by this section if the Chief Financial Officer certifies the increase in revenue and certifies that the use of the amounts is not anticipated to have a negative impact on the longterm financial plan of the District. (c) If after the December revenue estimate, sufficient funds have not been identified in the financial plan to support the costs of recurring initiatives, as set forth in paragraphs (4), (7), (8), (1), and (14) of this subtitle, these initiatives shall be funded in fiscal year 01, as onetime only, to the extent that funds have been certified. TITLE XI. FISCAL IMPACT AND EFFECTIVE DATE. Sec Fiscal impact statement. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 60(c)() of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 81; D.C. Official Code (c)()). Sec Effective date. 1

204 1 4 5 This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 0-day period of Congressional review as provided in section 60(c)(1) of the District of Columbia Home Rule Act, approved December 4, 197 (87 Stat. 81; D.C. Official Code (c)(1)), and publication in the District of Columbia Register. 1

205 ATTACHMENT C: Fiscal Impact Statement for B

206 Government of the District of Columbia Office of the Chief Financial Officer Natwar M. Gandhi Chief Financial Officer MEMORANDUM TO: FROM: The Honorable Kwame R. Brown Chairman, Council of the District of Columbia Natwar M. Gandhi Chief Financial Officer DATE: March, 01 SUBJECT: Fiscal Impact Statement Fiscal Year 01 Budget Support Act of 01 REFERENCE: Draft legislation shared with the Office of Revenue Analysis on March, 01 Conclusion Funds are sufficient in the proposed FY 01 through FY 016 budget and financial plan to implement the proposed Fiscal Year 01 Budget Support Act of 01. The proposed FY 01 budget and the FY 01 through FY 016 financial plan account for the expenditure and revenue implications of the proposals described in the subtitles included in the bill. 1 The initiatives in the Fiscal Year 01 Budget Support Act of 01 combined with the Mayor s programmatic choices provide sufficient funds to balance the estimated expenditures of $5.85 billion in the proposed General Fund FY 01 budget. Subtitle (I)(D) of the bill, the Public Sector Workers Compensation Return to Work Clarifying Amendment Act of 01 expands the District s authority for obtaining income and benefits information from District employees who are receiving disability compensation. The Mayor is proposing to spend $19.6 million on disability compensation in FY 01, partly relying on savings from the implementation of this subtitle. To compare, the expenditures for disability compensation have ranged between $4.8 million and $8. million over the past seven years. An additional $ million is set aside to cover possible budget overruns, but if new efforts to stop payments to 1 The FY 01 Mayor s Proposed Budget includes $5.85 billion in spending supported by $5.86 billion of resources, with an operating margin of $0.7 million. This figure excludes transfers to Enterprise Funds and the cost of Other Post Employment Benefits (OPEB) for FY 01. Planned use of local funds for FY 01 including transfers and OPEB equal $6.60 billion. 150 Pennsylvania Avenue, NW, Suite 0, Washington, DC 0004 (0)

207 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 disabled workers who are able to return to work are not effective, the proposed FY 01 budget of $19.6 million will result in a spending pressure. The bill, the Fiscal Year 01 Budget Support Act of 01, is the legislative vehicle for adopting statutory changes needed to implement the Mayor s proposed budget for the FY 01 through FY 016 budget and financial plan period. The purpose and the impact of each subtitle are summarized in the following pages. Page of 40

208 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Table of Contents TITLE I- GOVERNMENT DIRECTION... 5 Subtitle (I)(A) Bonus and Special Pay Limitation Act of Subtitle (I)(B) Health Benefit Plan Contribution Amendment Act of Subtitle (I)(C) District of Columbia Facilities Service Request Fund Establishment Amendment Act of Subtitle (I)(D) Public Sector Workers Compensation Return to Work Clarifying Amendment Act of Subtitle (I)(E) Delinquent Debt Recovery Act of TITLE II ECONOMIC DEVELOPMENT AND REGULATION... 9 Subtitle (II)(A) Unemployment Compensation Additional Benefits Trust Fund Stabilization Amendment Act of Subtitle (II)(B) Unemployment Compensation Claim Processing Efficiency Amendment Act of Subtitle (II)(C) Economic Development Special Account Revival Amendment Act of Subtitle (II)(D) Deputy Mayor for Planning and Economic Development Limited Grant Making Authority Act of Subtitle (II)(E) Inaugural Celebration Extension of Hours Public Safety Act of Subtitle (II)(F) Off-Premise Alcohol Act of Subtitle (II)(G) On-Premise Alcohol Act of TITLE III- PUBLIC SAFETY AND JUSTICE Subtitle (III)(A) Notice of Unclaimed Property Modernization Act of TITLE IV PUBLIC EDUCATION SYSTEM Subtitle (IV)(A) Funding for Public Schools and Public Charter Schools Amendment Act of Subtitle (I)(B) School Based Budgeting and Accountability Amendment Act of TITLE V HEALTH AND HUMAN SERVICES Subtitle (V)(A) Department of Mental Health Enterprise Fund Establishment Act of TITLE VI TRANSPORTATION, PUBLIC WORKS, AND THE ENVIRONMENT... 0 Subtitle (VI)(A) Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund Amendment Act of Subtitle (VI)(B) State Safety Oversight Agency Establishment Act of Subtitle (VI)(C) District Department of Transportation Omnibus Amendment Act of Subtitle (VI)(D) Washington Metropolitan Area Transit Authority Memorandum of Understanding Establishment Act of Subtitle (VI)(E) Performance Parking Zone Expansion Amendment of Subtitle (VI)(F) District of Columbia Taxicab Commission Fund Amendment Act of 01 TITLE VII FINANCE AND REVENUE... 4 Subtitle (VII)(A) Subject to Appropriations Repealers Amendment Act of Subtitle (VII)(B) Targeted Retirement Distribution Withholding... 5 Subtitle (VII)(C) Subsidized Nonprofit Rental Unit Fee Exemption Amendment Act of Subtitle (VII)(D) Employer Use Tax Return Amendment Act of Subtitle (VII)(E) Overpayment Interest Rate Act of Page of 40

209 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Subtitle (VII)(F) The Non-Individual Income Tax Electronic Filing Threshold Amendment Act of Subtitle (VII)(G) The Homestead Deduction, Personal Exemption, and Standard Deduction Amendment Act of Subtitle (VII)(H) Taxpayer Refund Offset for Department of Motor Vehicles Liabilities Act of Subtitle (VII)(I) Out-of-State Municipal Bond Tax Repeal Act of Subtitle (VII)(J) Commercial Property Tax Rate Amendment Act of TITLE VIII BUDGET SUPPORT ACT CONFORMING AND TECHNICAL AMENDMENTS... 1 Subtitle (VIII)(A) Prior Budget Support Act Amendments Act of Subtitle (VIII)(B) FY 011 O-type Un-Designation Amendment Act of TITLE IX CAPITAL BUDGET... 6 Subtitle (IX)(A) District Department of Transportation Capital Project Review and Reconciliation Act of Subtitle (IX)(B) Capital Budget Reporting Requirements Act of Subtitle (IX)(C) Capital Budget Authority Transfer Act of Subtitle (IX)(D) FY 010 Capital Project Reallocation Approval Resolution Act of TITLE X ADDITIONAL REVENUE CONTINGENCY LIST... 9 Page 4 of 40

210 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE I- GOVERNMENT DIRECTION Subtitle (I)(A) Bonus and Special Pay Limitation Act of 01 Background The proposed legislation would prohibit the District from awarding performance-related bonuses, special awards pay, and service awards in FY 01. Retirement awards, hiring bonuses and additional income allowances for difficult-to-fill positions, agency awards or bonuses funded by private grants or donations, safe driving awards, suggestion or invention awards, and any other award or bonus required by an existing contract or collective bargaining agreement are exempted from the requirements of this provision. Additional exemptions include gainsharing incentives in the Department of Public Works and District of Columbia Public Schools teachers eligible for special awards pay and bonus pay. Financial Plan Impact The proposed subtitle would prohibit the use of agency resources towards performance-related bonuses. The impact of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Subtitle (I)(B) Health Benefit Plan Contribution Amendment Act of 01 Background This subtitle would increase District s contributions towards its health benefits plan from 7 percent to 75 percent of insurance premiums. Financial Plan Impact The fiscal impact of the subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. District s heath insurance premium contributions are projected to increase by approximately $6.9 million in FY 01, $5.9 million of which is supported by local funds, approximately $1,000 by special purpose revenue and dedicated taxes, and the remainder by a combination of federal and private funds. Subtitle (I)(C) District of Columbia Facilities Service Request Fund Establishment Amendment Act of 01 Background The proposed subtitle establishes 4 the District of Columbia Facilities Service Request Fund, a special purpose revenue fund, to receive all monies collected from non-district government tenants The subtitle amends 109 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective October 1, 1987 (D.C. Law 7-7; D.C. Official Code ). Page 5 of 40

211 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 for services provided by the Department of General Services (DGS). The fund will support facilityrelated services at real property under the control of DGS. Financial Impact The fiscal impact of this subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. This fund is intended to be a fee-for-service program so the District would not have to use its own money to provide certain services for tenants. The fund is projected to collect between $800,000 and $1,000,000 to be spent on services to tenants within DGS controlled buildings. Subtitle (I)(D) Public Sector Workers Compensation Return to Work Clarifying Amendment Act of 01 Background This subtitle would expand 5 the District s authority for obtaining income and benefits information from District employees who are receiving disability compensation. Employees would be required to submit to the Mayor information regarding all income so the District can avoid making ongoing disability compensation payments to those who are no longer disabled and are earning compensation at a new job. An employee who fails to submit the required income information or lies about income information will lose all rights to disability compensation from the District, and may have to return compensation they have already received from the District. Financial Impact The Mayor is proposing spending $19.6 million on disability compensation in FY 01 through the Office of Risk Management (ORM). An additional $ million has been set aside within the ORM budget to cover possible expenditures over this budget. The budget for disability compensation has ranged between $4.8 million and $8. million over the past seven years. New efforts to stop payments to employees who are able to return to work may result in some savings, but these savings are not yet proven. Subtitle (I)(E) Delinquent Debt Recovery Act of 01 Background This subtitle would authorize the Office of the Chief Financial Officer (OCFO) to pursue the collection of outstanding debts owed to the District. This would include authorization to: Centralize the collection of delinquent debts owed to the District within the Central Collections Unit of the Office of Finance and Treasury; 4 The proposed subtitle amends the Department of General Services Establishment Act of 011, effective September 14, 011 (D.C. Law 19-1; D.C. Official Code et seq.) 5 The proposed subtitle amends the Comprehensive Merit Personnel Act of 1979, effective March, 1979 (D.C. Law -19; D.C. Official Code et seq.) Page 6 of 40

212 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Authorize the Central Collections Unit to collect delinquent debt owed to the District; Receive funding and to pay the costs and expenses associated with the collection of delinquent debt owed to the District; Impose fees on debtors to cover costs associated with the collection of delinquent debt; Impose a fee to be paid by each person who gives in payment of a District obligation a check that is subsequently dishonored; Establish a special non-lapsing fund to be designated the Delinquent Debt Fund, from which the activities of the Central Collections Unit would be funded. The remaining amount, less ten percent that shall be retained as a reserve operating balance, shall revert to the General Fund; Establish a lien for the payment of delinquent debts; Authorize suspension of issuance of licenses and permits to delinquent debtors; Authorize reciprocal offset agreements and settlement agreements related to delinquent debts; and Establish a limitation of time for bringing actions. Existing outstanding debt to the District from fines and fees is projected to be approximately $95 million, $80 million of which is in the form of delinquent tickets, fines, and fees to the Department of Motor Vehicles (DMV). The DMV turns over delinquent debtors to its outside collection contractor after 100 days. According to the DMV, the collection contractor has collected approximately 11 percent of the older debt from FY 1999 to FY 007. The contractor has collected approximately 4 percent of the more recent debt, from FY 008 to the present. For FY 011, the DMV projected the contractor would collect approximately $1.5 million, 0 percent of which will remain with the collection agency as a fee. 6 Past collections have typically ranged between $14 million and $17 million per year, for a total of $65 million collected since the collection agent contract began in FY 008. Financial Plan Impact The fiscal impact of the subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. The Office of Revenue Analysis (ORA) projects one-time costs in FY 01 of $.55 million to establish an office to centralize the collection of these debts, and recurring costs of $1.54 million for the new office and staff of 9 full-time employees (FTEs). ORA projects collection of outstanding debts will increase by approximately $10 million each year. The one-time costs for starting a centralized debt collection office within the Office of Finance and Treasury are $.55 million to purchase and develop the technology infrastructure necessary to move the information on the debts and debtors into a single database. The 9 FTEs that are projected to make up the staff of the new office will include one manager, one supervisory accountant, one IT analyst, 5 collections analysts and one cashier. The 9 FTEs are projected to cost $719,000 annually for salaries and benefits and non-personnel expenditures such as communications and technology are projected to cost an additional $80,000 annually, for a total of $1.54 million annually beginning in FY This amount excludes the collections from the recent ticket amnesty program that started in August 1, 011 and continued through January 7, 01. Page 7 of 40

213 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 The current collection contract has collected between $14 million and $17 million in past due debt annually from FY 008 to the present. ORA projects that the new Central Collections Unit will be able to collect an additional $10 million each year above the collection agency s amount. Of this amount, the first $5 million would be a pre-payment on the existing debt by the collection agency through which the Office of Finance and Treasury will collect old debt. The OCFO has discussed with collection agencies how the contract can be written to provide this advance pre-payment to the District, and then revert to a percentage contract once the agency recovers the initial amount through collections. The contract would be subject to the District s procurement laws. 7 In the subsequent years, the debt collection would be improved in two ways. First, the expenses of debt collection would be added to the existing fines. Under the current contract, the collection agency withholds 0 percent of the collections to cover its costs. The proposed legislation grants the OCFO the authority to levy a collection fee on the debtor to pay for the costs of the debt collection. Thus, under the OCFO regime, this amount would be passed on to the person who owes the fine. ORA projects that this change in the payment of the fees will increase annual collections of delinquent debt by $ million. Additionally, new efforts are expected to increase collections by $7 million annually. The OCFO will use the new authorities granted by the proposed legislation and the new, dedicated staff to pursue outstanding debt in addition to the existing efforts by the debt collection contractor. The proposed legislation grants the OCFO the authority to sell existing debt, establish reciprocity agreements across state lines, and authorize liens and suspend licenses. According to DMV, Virginia residents owe more than $80 million and Maryland residents owe more than $190 million of the $80 million in outstanding debts, so reciprocity agreements with the two states are potentially lucrative for the District. These new administrative efforts from the OCFO will be in addition to, and along side, the current collection efforts of the debt collection contractor. The additional revenue from outstanding debt is projected to offset the one-time and annual costs of establishing a new centralized debt collections office under the OCFO. Estimated Costs and Revenues from Implementation of the Delinquent Debt Recovery Act of 01 (in $ millions) Four Year FY 01 FY 014 FY 015 FY 016 Total Revenue Collection 1 $10.0 $10.0 $10.0 $10.0 $40.0 Costs of Implementation $5.1 $1.6 $1.6 $1.7 $10.0 Net Revenue $4.9 $8.4 $8.4 $8. $0.0 Less 10 Percent for Reserves $0.5 $0.8 $0.8 $0.8 $.0 Net Revenue to General Fund $4.4 $7.6 $7.5 $7.5 $7.0 Source: Office of Revenue Analysis Table Notes 1 This amount includes revenue from a higher collection rate on newly delinquent debt and as well as revenue from recoveries from existing debt. This amount includes one-time costs in FY 01 of $.55 million to establish an office to centralize the collection of these debts, and recurring costs of $1.54 million for the new office and staff of 9 full-time employees (FTEs). 7 The estimate does not include potential collections after the pre-payment amount is met, because it is not possible to know reliably the terms of the contract at this time. Page 8 of 40

214 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE II ECONOMIC DEVELOPMENT AND REGULATION Subtitle (II)(A) Unemployment Compensation Additional Benefits Trust Fund Stabilization Amendment Act of 01 Background This subtitle would eliminate 8 the District s Additional Benefits program. The program was designed to provide up to ten weeks of additional benefits to the unemployed during periods when unemployment has been high in the District for a long time and no federal programs are in place to provide a comparable additional package of unemployment benefits. 9 When the Additional Benefits program is triggered under current law, the these benefits are paid out of the District s Unemployment Insurance Trust Fund, which is in turn reimbursed from the locally-funded Unemployment Compensation Fund in the case of beneficiaries who were laid off from District government service. Financial Plan Impact The fiscal impact of the subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Repealing the Additional Benefits program removes a potential negative fiscal impact on the Unemployment Compensation Fund, which is included in the District s budget and financial plan. It is impossible to predict when and if the Additional Benefits program would be triggered in the absence of repeal. Thus, it is impossible to determine the magnitude of the potential negative fiscal impact alleviated by this subtitle. Subtitle (II)(B) Unemployment Compensation Claim Processing Efficiency Amendment Act of 01 Background The proposed subtitle would allow 10 the Department of Employment Services (DOES) to communicate with claimants, employers, or other parties relevant to administration of unemployment compensation programs by electronic mail or similar forms of communication. Recipients would be able to select a method for receiving DOES correspondence, notices, determinations, or decisions from a set of communications options to be approved by the DOES 8 The subtitle repeals Section 7(i) of the District of Columbia Unemployment Compensation Act, effective August 8, 195 (49 Stat 949; D.C. Official Code (i)). The Unemployment Compensation Additional Benefits Program Temporary Amendment Act of 009 updated the definition of the Additional benefits period. 9 Specifically, the Additional Benefits Period begins with the third week after a week in which the rate of insured unemployment, as defined by the statute, is.75 percent or higher; provided, that there are no federally assisted programs in effect in the District which provide benefits to claimants who have exhausted their regular benefits. 10 The bill amends the District of Columbia Unemployment Compensation Act of 195, effective August 8, 195 (49 Stat. 946; D.C. Official Code et seq.). Page 9 of 40

215 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Director. The subtitle would also allow the DOES Director to sign such communications using an electronic signature. Financial Plan Impact Most unemployment compensation claimants already choose to receive correspondence electronically, but current law requires DOES to also send notifications in writing. The proposed subtitle will eliminate this redundancy, and thus save money on postage and paper. DOES estimates the postage savings to be in excess of $1 million per year. Because postage and paper costs are allowable administrative costs paid from the Unemployment Insurance Trust Fund (UITF), any savings would remain dedicated to administration of the UITF and would not generate a local revenue impact. Subtitle (II)(C) Economic Development Special Account Revival Amendment Act of 01 Background The proposed subtitle is the permanent version of the emergency measure passed on November 19, 011, to revive the Economic Development Special Account (EDSA) 11 that was abolished by the Fiscal Year 01 Budget Support Act of The non-lapsing, non-reverting EDSA would hold, as it did before, all operating funds transferred from the now-defunct Anacostia Waterfront Corporation Enterprise Fund 1 and the National Capital Revitalization Corporation Enterprise Fund. 14 It would also receive all fees, revenues, and other income from real property or other assets formerly under the authority of the National Capital Revitalization Corporation or the Anacostia Waterfront Corporation or any of their subsidiaries. Any revenue subject to Community Development Block Grant (CDBG) regulations would be deposited into a segregated sub-account designated for CDBG funds for the purposes of reporting to the federal government. The Deputy Mayor for Planning and Economic Development (DMPED) would have the authority to spend the monies in the EDSA. Financial Plan Impact The proposed subtitle makes permanent an emergency amendment that would allow DMPED to execute its budget by reestablishing the EDSA. 11 The Economic Development Special Account was established by Section 01 of the National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 008, effective March 6, 008 (D.C. Law 17-18; D.C. Official Code -15.1). 1 Effective September 14, 011 (D.C. Law 19-1; 58 DCR 66). 1 Established by section 114 of the Anacostia Waterfront Corporation Act of 004, effective December 7, 004 (D.C. Law 15-19; D.C. Official Code -1.14). 14 Established by section 9 of the National Capital Revitalization Corporation Act of 1998, effective September 11, 1998 (D.C. Law 1-144; D.C. Official Code ). Page 10 of 40

216 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Subtitle (II)(D) Deputy Mayor for Planning and Economic Development Limited Grant Making Authority Act of 01 Background The proposed subtitle would provide the Deputy Mayor for Planning and Economic Development (DMPED) with authority to make annual grants to the Skyland economic development project. This project aims to redevelop the Skyland Shopping Center, an 18-acre site located in Ward 7 at the intersections of Good Hope Road, Naylor Road, and Alabama Avenue S.E., into a mixed-use center with significant retail square footage and housing units. The grant authority for FY 01 is capped at $575,000 with $100,000 for consultants, $50,000 for local business promotion, $75,000 for regional economic development, and $50,000 for the Bank on DC program. The District has previously contributed Community Development Block Grant funds to the Skyland project and is budgeting capital funds for the project in FY 01. DMPED intends to grant local funds to the project for non-capital items, but does not currently have the authority to do so. Financial Plan Impact The fiscal impact of the subtitle is already incorporated into the proposed FY 01 through FY 016 budget and financial plan. Additionally, the proposed FY 01 through FY 018 Capital Improvement Plan includes a capital expenditure of $5 million for the Skyland Shopping Center Project. DMPED intends to use these capital funds to pay for demolition and infrastructure work that will help make the project attractive to a development team for further investment. Subtitle (II)(E) Inaugural Celebration Extension of Hours Public Safety Act of 01 Background The subtitle would allow 15 on-premise alcoholic beverage sales until 4:00 a.m. and food and nonalcoholic beverage sales around-the-clock during the one-week inaugural celebration, including the 01 and 017 Presidential Inaugurations. Financial Plan Impact Implementation of this subtitle will generate an additional $751,000 in special purpose revenue in FY 01. The fiscal impact of this subtitle is already incorporated into the proposed FY 01 through FY 016 budget and financial plan Subtitle (II)(F) Off-Premise Alcohol Act of 01 Background The subtitle would allow 16 the sale of alcohol for off-premises consumption beginning at 7:00 a.m. instead of 9:00 a.m. 15 The subtitle amends D.C. Official Code 5-7 and The subtitle amends D.C. Official Code 5-7. Page 11 of 40

217 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Financial Plan Impact Allowing off-premise licensees to begin selling alcohol at 7:00am would generate an additional $1,0,000 in increased sales tax revenue annually starting FY 01, and approximately $5. million in the four-year financial plan period. The fiscal impact of this subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Subtitle (II)(G) On-Premise Alcohol Act of 01 Background The subtitle would extend 17 the permitted hours for the sale of alcohol for on-premises consumption from :00 a.m. to :00 a.m. on weekdays and from :00 a.m. to 4:00 a.m. on weekends and District and federal holidays. Financial Plan Impact Office of Revenue Analysis projects extending the sale of alcohol by one hour each night for onpremise consumption would generate $.1 million in additional sales and excise tax annually and $1.84 million in the four-year financial plan period. The fiscal impact of this subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Subtitle (II)(H) Gasoline and Fuel Pump- Octane Measurement Amendment Act of 01 Background This subtitle allows 18 the Department of Consumer and Regulatory Affairs (DCRA) to take samples of automotive fuel during gas station inspections and test it for octane level to ensure the octane level sold to customers is of the quality that is advertised. Financial Plan Impact The fiscal impact of this subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. DCRA already inspects each gas station in the District twice a year. Implementing this subtitle would make the twice annual inspections cover testing of octane levels. Testing is expected to find a 10 percent violation rate in the first year and a 5 percent violation rate each successive year. The fine for a violation will be set at $1,000. The projected 48 first-year violations will generate $48,000 in revenue in FY 01, partly expended to support $0,000 in one-time equipment costs to perform the octane level tests. Revenue from violations will be $4,000 in each successive year, FY 014 through FY 016, with no additional costs. 17 The subtitle amends D.C. Official Code 5-7(b). 18 The subtitle adds a new section, a, to Title 7, Chapter of the D.C. Official Code, which defines standard weights and measures in the District Page 1 of 40

218 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Subtitle (II)(I) Housing Production Trust Fund Amendment Act of 01 Background The proposed subtitle would authorize 19 the Mayor to transfer up to $19,969,048 designated for deposit in the Housing Production Trust Fund to the Rental Assistance Support and Local Rent Supplement Fund ( Local Rent Supplement Fund ). These funds can be used towards existing project-based and sponsor-based voucher assistance, tenant-based assistance, or capital-based assistance, but not for program administrative fees. The subtitle also amends the District of Columbia Housing Authority Act of such that no new vouchers will be issued as existing voucher holders leave the local rent supplement program. Financial Plan Impact The fiscal impact of the subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. The budget includes $19.97 million to be transferred to the Local Rent Supplement Fund from the Housing Production Trust Fund. The budget also provides $8.18 million in local funds to the Local Rent Supplement Fund. 19 By adding a new section 1 to D.C. Official Code 4-80 (b). 0 Effective May 9, 000 (D.C. Law 1-105; D.C. Official Code 6-6). Page 1 of 40

219 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE III- PUBLIC SAFETY AND JUSTICE Subtitle (III)(A) Notice of Unclaimed Property Modernization Act of 01 Background The proposed subtitle requires the Metropolitan Police Department (MPD) to post a notice of unclaimed property in a newspaper of general circulation stating where a full description of unclaimed property can be found. MPD will post a full description and a copy of the published notice on the MPD website and maintain hard copies of the full list at the MPD headquarters. Currently, MPD must publish the full descriptions of unclaimed property in a newspaper of general circulation. Financial Plan Impact The fiscal impact of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. MPD currently pays $100,000 per year to publish the full descriptions of unclaimed property in a newspaper of general circulation. The proposed subtitle allows MPD to publish in a newspaper a much smaller, thus cheaper, notice which references where full descriptions can be found. This new notice will cost $10,000 per year, resulting in reduced costs of $90,000 in FY 01 and $60,000 in the four-year financial plan period. Estimated Cost Savings Fiscal Impact of Subtitle (III)(A) Notice of Unclaimed Property Estimated Cost Savings from Notice of Unclaimed Property Changes FY 01 FY 014 FY 015 FY 016 Total $90,000 $90,000 $90,000 $90,000 $60,000 Page 14 of 40

220 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE IV PUBLIC EDUCATION SYSTEM Subtitle (IV)(A) Funding for Public Schools and Public Charter Schools Amendment Act of 01 Background The proposed subtitle increases 1 the foundation level used in the Uniform per Student Funding Formula (UPSFF) to $9,14 per student for FY 01. The UPSFF is used to calculate the amount of local funding that would be dedicated to public education in the District of Columbia. The FY 01 foundation level is set at $8,945. The changes made to the foundation level funding, and the various add-ons are depicted in the following tables: Weightings applied to counts of students enrolled at certain grade levels Grade Level Weighting Per Pupil Allocation in FY 01 Pre-School 1.4 $1,6 Pre-Kindergarten 1.0 $11,861 Kindergarten 1.0 $11,861 Grades $9,14 Grades $9,14 Grades $9,98 Grades $10,584 Alternative program 1.17 $10,675 Special education school 1.17 $10,675 Adult 0.75 $6,84 General Education Add-ons Level/ Program Definition Weighting Per Pupil Supplemental LEP/NEP Limited and non-english proficient students 0.45 $4,106 Summer An accelerated instructional program in the summer for students who do not meet literacy standards pursuant to promotion policies of DCPS and public charter schools 0.17 $1,551 Special Education Add-ons Level/ Program Definition Weighting Per Pupil Supplemental Level 1: Special Education Eight hours or less/week of specialized services $5,9 Level : Special Education More than 8 hours and less than or equal to 16 hours per school week of specialized services $7,90 1 The provision amends The Uniform Per Student Funding Formula for Public Schools and Public Charter Schools and Tax Conformity Clarification Amendment Act of 1998, effective March 6, 1999 (D.C. Law 1-07; D.C. Official Code et seq.). Page 15 of 40

221 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Special Education Add-ons Level/ Program Definition Weighting Per Pupil Supplemental Level : Special Education Level 4: Special Education Special Education Capacity Fund Special Education Compliance Fund Residential More than 16 hours and less than or equal to 4 hours per school week of specialized services. More than 4 hours per week which may include instruction in a self contained (dedicated) special education school other than residential placement. Weighting provided in addition to special education level add-on weightings on a per student basis for each student identified as eligible for special education. Weighting provided in addition to special education level add-on weightings on a per student basis for each student identified as eligible for special education. DCPS or public charter school that provides students with room and board in a residential setting, in addition to their instructional program $14, $8, $, $1, $15,511 Level/ Program Level 1: Special Education - Residential Level : Special Education - Residential Level : Special Education - Residential Level 4: Special Education - Residential LEP/NEP - Residential Residential Add-ons Definition Weighting Per Pupil Supplemental Additional funding to support the after-hours 0.74 $,41 level 1 special education needs of students living in a DCPS or public charter school that provides students with room and board in a residential setting. Additional funding to support the after-hours 1.60 $1,409 level special education needs of students living in a DCPS or public charter school that provides students with room and board in a residential setting. Additional funding to support the after-hours.941 $6,84 level special education needs of students living in a DCPS or public charter school that provides students with room and board in a residential setting. Additional funding to support the after-hours.94 $6,679 level 4 special education needs of limited and non-english proficient students living in a DCPS or public charter school that provides students with room and board in a residential setting. Additional funding to support the after-hours 0.68 $6,04 limited and non-english proficiency needs of students living in a DCPS or public charter school that provides students with room and board in a residential setting. Page 16 of 40

222 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Special Education Add-ons for Students with Extended School Year (ESY) Indicated in Their Individualized Education Programs (IEPs) Level/ Program Definition Weighting Per Pupil Supplemental Special Education Level 1 ESY Additional funding to support the summer school/program needs for students who require extended school year services in their IEPs $584 Special Education Level ESY Special Education Level ESY Special Education Level 4 ESY Additional funding to support the summer school/program needs for students who require extended school year services in their IEPs. Additional funding to support the summer school/program needs for students who require extended school year services in their IEPs. Additional funding to support the summer school/program needs for students who require extended school year services in their IEPs 0.1 $, $4, $4,55 Financial Plan Impact The fiscal impact of the increase in the foundation level funding is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Under the proposed subtitle, District of Columbia Public Schools would receive $645,975,908 for its instructional budget through UPSFF. Public charter schools would receive $48,975,5 for their instructional budgets and $10,055,85 for facilities allowance, bringing their collective budget to $ 54,00,70. Subtitle (I)(B) School Based Budgeting and Accountability Amendment Act of 01 Background The proposed subtitle requires 4 the Mayor to submit to the Council a five-year Master Facilities Plan for public education facilities starting December 15, 01. The Council would be required to hold at least one public hearing on the plan. Once receiving Council approval, the Master Facilities Plan would be effective in the following fiscal year. The Mayor would submit any material changes to the Master Facilities Plan to Council for review and approval along with the Mayor s annual submission of a capital budget for public schools. Under current law the Mayor is required to submit a revised comprehensive multiyear Master Facilities Plan for the District of Columbia Public Schools and public charter schools every year. This amount includes $,090,000 for extended school year allowance. This includes $6,667,00 in Intra-District Funds transferred from OSSE, to be distributed on the basis of audited enrollment with verified residency. 4 The subtitle amends Section 1104 of the School Based Budgeting and Accountability Act of 1998, effective March 6, 1999 (D.C. Law 1-175; D.C. Official Code 8-80). Page 17 of 40

223 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Additionally, starting on April 15, 01, the Office of Public Education and Facilities Planning (under the Office of the Deputy Mayor for Education) will survey and update information on the enrollment, utilization and condition of each public school facility, and post its findings on the Mayor s website by December 1st of each year. Under current law, this office is not required to conduct such a survey. Financial Plan Impact The fiscal impact of the subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Page 18 of 40

224 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE V HEALTH AND HUMAN SERVICES Subtitle (V)(A) Department of Mental Health Enterprise Fund Establishment Act of 01 Background Now that its facility at the St. Elizabeths Hospital Campus is fully staffed, the Department of Mental Health (DMH) plans to reopen the cafeteria there that has been closed for approximately ten years. This subtitle would facilitate these plans by establishing within the District s General Fund a nonlapsing O-Type account, the Department of Mental Health Enterprise Fund, where DMH would deposit all proceeds and revenues from the operations of the cafeteria. DMH would in turn use the funds in the account to pay for operating and stocking the cafeteria. Financial Impact As the cafeteria is currently not operating, the OCFO has not certified any revenue for the fund and DMH has not budgeted for any expenses for FY 01. DMH estimates that the cafeteria would only earn enough to fund its operations, resulting in a no net impact to the District s budget and financial plan. Page 19 of 40

225 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE VI TRANSPORTATION, PUBLIC WORKS, AND THE ENVIRONMENT Subtitle (VI)(A) Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund Amendment Act of 01 Background The District Department of Transportation (DDOT) launched a pay-by-phone program in 011, which allowed parkers at metered locations to pay for parking with a cell phone or smart phone. The vendor, Park Mobile, charges a cent transaction fee for each parking transaction. The District collects those transaction fees, but needs to pay them back to Park Mobile as a fee for service. The proposed subtitle creates the District Department of Transportation Parking Meter Pay-byphone Transaction Fee Fund (Fund) to collect the transaction fees so DDOT can pay the vendor. The Fund ensures the transaction fees do not support the District s WMATA subsidy like most other parking meter related revenue. The fund will expire after two years and any remaining funds will be transferred to the general fund of the District of Columbia. Financial Plan Impact The fiscal impact of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. The proposed subtitle creates a new special purpose revenue fund to capture transaction fees associated with the DDOT pay-by-phone parking program. Based on current usage of the program, DDOT expects the transaction fees to be $1,500,000 per year. The Performance Parking Zone Expansion Amendment of 01 5 will transfer funds sufficient to cover the transaction costs of the program for the life of the Fund. Subtitle (VI)(B) State Safety Oversight Agency Establishment Act of 01 Background The proposed subtitle establishes a State Safety Oversight Agency within the Fire and Emergency Medical Services (FEMS) Department. This agency is needed to comply with Federal Transit Administration (FTA) safety and security oversight requirements 6 related to streetcar operations in the District. The agency will create a FTA-approved safety program for streetcar operations in the District. Financial Plan Impact The fiscal impact of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. FEMS will run the State Safety Oversight Agency, which will be staffed by one battalion fire chief and three captains. The personnel costs including benefits are 5 FY 01 Budget Support Act of 01, Title VI, Subtitle E CFR Part 659: Rail Fixed Guideway Systems; State Safety Oversight. Page 0 of 40

226 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 $519,789 in FY 01 and $,14,66 in the four year financial plan period. The travel costs are $75,000 in FY 01 and $00,000 in the four year financial plan period. Fiscal Impact of Subtitle (VI)(B) State Safety Oversight Agency Establishment Act of 01 Estimated Cost Increases for Establishment of the State Safety Oversight Agency FY 01 FY 014 FY 015 FY 016 Total Personnel Costs 1 $519,789 $50,185 $540,788 $551,604 $,14,66 Travel Costs $75,000 $75,000 $75,000 $75,000 $00,000 Total $594,789 $605,185 $615,788 $66,604 $,44,66 Table Notes 1. Includes salary and benefits. Subtitle (VI)(C) District Department of Transportation Omnibus Amendment Act of 01 Background The proposed subtitle eliminates a District Department of Transportation (DDOT) practice of using Highway Trust Fund monies to pay for capital project expenditures that are not eligible for federal reimbursement (non-participating costs). A new capital project will be created within DDOT s local transportation fund and enterprise fund for transportation initiatives. A second component of the subtitle will create two new capital projects. The first is the labor cost transfer project which will not receive a budget. This project will collect all indirect labor costs and labor surcharges that cannot be charged directly to a project, but can be reimbursed through indirect 7 and additive rate 8 recovery. Costs will accrue in this project and then be redistributed to eligible projects. The second is the materials testing cost transfer project which will receive a defined budget. Financial Plan Impact The fiscal impact of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. The non-participating funds project will receive $1,000,000 in FY 01 and $7,000,000 in the four year financial plan period. The materials testing costs project will receive $00,000 in FY 01 and $1,00,000 in the four year financial plan period. The labor cost project will record labor costs and transfer those to reimbursable projects and there will be no impact on the four year financial plan. 7 Indirect costs as defined in the subtitle are those costs incurred for a joint purpose benefitting more than one project and not readily assignable to the project specifically benefitted. 8 Additive rate as defined in the subtitle is the rate used to represent labor surcharges as a percentage of direct labor costs, where labor surcharges are fringe benefits, worker compensation insurance, leave, and similar labor costs. Page 1 of 40

227 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Subtitle (VI)(D) Washington Metropolitan Area Transit Authority Memorandum of Understanding Establishment Act of 01 Background The proposed subtitle allows the District Department of Transportation (DDOT) to enter into contracts with the Washington Metropolitan Area Transit Authority (WMATA) without going through traditional District contracting requirements for outside entities or firms. 9 Currently, DDOT enters into sole-source contractual agreements with WMATA each time both agencies have oversight over a project. For example, DDOT may plan for an improvement to a WMATA run transit facility and receive federal funds to complete the project. However, only WMATA can construct the project, so the funds need to be transferred to WMATA. The proposed process simplifies the contracting process when WMATA is the only viable vendor and will allow for fund transfers in a manner similar to that among District agencies. 0 Financial Plan Impact The proposed subtitle is a new process for reaching agreements between DDOT and WMATA. The process will be used as needed for projects where both entities are involved. There is no impact associated with implementation of the proposed subtitle in the four year financial plan period. Subtitle (VI)(E) Performance Parking Zone Expansion Amendment of 01 Background The proposed subtitle allows the Mayor to establish performance parking zones citywide, removes the term pilot from descriptions of performance parking zones, and terminates the three existing pilot performance parking zones. 1 Performance parking program revenues are deposited into the Performance Parking Program Fund (Fund) and the subtitle requires monies in the Fund be used to fund the general operations of the Washington Metropolitan Area Transit Authority (WMATA), except those needed to pay the vendor responsible for the transaction related activities of the parking meter pay-by-phone system. Financial Plan Impact The fiscal impact of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. This Fund will receive monies from a Mayoral proposal to replace aging parking meters with new networked parking meters. This proposal generates $1,500,000 annually in the four year financial plan. The proposed subtitle will transfer the revenues from this proposal in FY 01 and 014 to 9 The Chief Financial Officer must still certify the availability of funds and any contract over $1 million must be approved by the Council of the District of Columbia. 0 D.C. Official Code (j). 1 The three existing zones are the Ballpark, H Street, N.E., and Columbia Heights. Table 4-1: Replace Aging Parking Meters Performance Parking City-Wide DDOT. Page of 40

228 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 the Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund. In FY 015 and 016, the Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund transfer will stop, and these amounts will remain in the Performance Parking Program Fund to support WMATA general operations. Subtitle (VI)(F) District of Columbia Taxicab Commission Fund Amendment Act of 01 Background The proposed subtitle requires any fees or funds established by rule, law, or reprogramming by the District of Columbia Taxicab Commission ( Commission ) be deposited in the District of Columbia Taxicab Commission Fund. Any new fees or funds are expected to generate at least $1,000,000 annually starting in FY 01. Financial Plan Impact The fiscal impact of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Office of Revenue Analysis projects that a 50 cent flag drop-fee for each taxi ride in the District will generate $1,09,000 in FY 01 and $4,7,000 in the four year financial plan period for the Taxicab Commission and reduce general fund appropriations supporting the Commission s operations. The collection of these revenues is contingent upon implementation of a new Mayoral initiative that would replace the current meters in the District s taxicabs with smart meters that would allow tracking of taxicab rides. The request for proposal for the implementation of the smart meter program is already announced, 4 and the responses are due on March 9, 01. This Fund is established in the Department of Transportation Parking Meter Pay-by-phone Transaction Fee Fund Amendment Act of The Request for Proposals is available at Page of 40

229 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE VII FINANCE AND REVENUE Subtitle (VII)(A) Subject to Appropriations Repealers Amendment Act of 01 Background The proposed subtitle repeals the subject to appropriations provision of the following laws that authorize tax abatements: The United House of Prayer for All People Real Property Tax Exemption Act of ; Samuel J. Simmons NCBA Estates No. 1 Limited Partnership Real Property Tax Exemption and Equitable Real Property Tax Relief Act of ; and Washington Ballet Equitable Tax Relief Act of Additionally the subtitle repeals the subject to appropriations for certain provision of the South Capitol Street Tragedy Memorial Act of Specifically, the subtitle repeals the subject to appropriations clauses for Title II and IV, with the exception of the requirement to create a behavioral resource guide 9. The titles funded by this subtitle require the Mayor to develop a comprehensive plan for school-based behavioral health programs by school year and the Department of Mental Health (DMH) create a behavioral training program and develop a Behavioral Health Ombudsman Program. Finally, the subtitle amends the D.C. Official Code to exempt the real property for Lots 806 through 808 in Square 5190, and Lots 1 though 8 in Square 548 as of 00. These real properties are part of the project known as the Carver Low-Income and Senior Housing Project ( Project ). 40 The aforementioned lots were exempt from taxation for a period of eight years beginning with the tax year However, the exemption expired at the end of tax year 010 and all the properties are now subject to the District s real property tax. The subtitle extends the exemption indefinitely. Financial Impact Repealing the subject to appropriations provision of the above-mentioned laws will cost approximately $1.6 million in FY 01 and $5.0 million over the proposed FY 01 through FY 016 budget and financial plan. The fiscal impact of the proposed subtitle is incorporated into the budget and financial plan. 5 Effective December, 011 (D.C. Law ; D.C. Official Code ). 6 Effective March 1, 011 (D.C. Law ; D.C. Official Code ). 7 Effective January 1, 01 (D.C. Law 19-77; D.C. Official Code ). 8 Introduced April 5, 011 (D.C. Bill 19-11), this bill has been passed after two readings, but has not yet been signed by the Mayor. 9 Section 15 (c) of Section 40 of Title IV of Bill D.C. Official Code D.C. Official Code Page 4 of 40

230 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Estimated Impact of Subtitle (IIV)(A) Subject to Appropriations Repealers Amendment Act of 01, FY 01-FY 016 ($ in thousands) Four Year Total FY 01 FY 014 FY 015 FY 016 Tax abatements The United House of Prayer for All People Real Property Tax Exemption Act of 011 a, b $55 $ $ $ $1 Samuel J. Simmons NCBA Estates No. 1 Limited Partnership Real Property Tax Exemption and Equitable Real Property Tax Relief Act of 009 c. d $48 $150 $150 $150 $888 The Washington Ballet Equitable Tax Relief Act of 011 e $111 $0 $0 $0 $111 Carver Low-Income and Senior Housing Real Property Tax Exemption g $157 $51 $5 $75 $55 Total Revenue Reductions $759 $ $5 $448 $1,655 Expenditure Increases under the South Capitol Street Tragedy Memorial Act of 011 f Title II - Comprehensive Plan for Behavioral Programs $10 $106 $108 $110 $47 Title IV - Behavioral Health Training and Ombudsman Program $71 $718 $77 $757 $,94 Total Expenditure Increases $815 $84 $845 $867 $,51 Total Estimated Fiscal Impact $1,574 $1,047 $1,070 $1,15 $5,007 Table Notes a The retroactive tax liability includes real property taxes owed for the period from March 1 through October 1, 011 and for FY 01. b Growth in FY 01 and FY 014 assessed values are based on projections for property tax values. c FY 01 estimate includes property taxes owed in FY 011, FY 01, and FY 01. d Assumes project's gross income remains constant and therefore future PILOT payments are constant. e Includes all real property taxes owed between 008 and 010, including fees, penalties, and interest; recordation tax owed on the transfer of the property, including penalties and interest; and attorney's fees due as a result of the sale of the property tax lien. f For more details see fiscal impact statement issued for Bill on March 5, 01. Available at: g FY 01 estimate includes property taxes owed in FY 011, FY 01, and FY 01. Subtitle (VII)(B) Targeted Retirement Distribution Withholding Background The proposed subtitle makes permanent the clarification made to the Subtitle VIII(L) of Fiscal Year 01 Budget Support Act of by the Retirement Distribution Withholding Emergency Act of 4 Effective September 14, 011 (D.C. Law 19-1, 58 DCRM 66). Page 5 of 40

231 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, The emergency legislation clarifies that withholding requirements apply to all distributions from applicable plans, so long as the said distributions are subject to withholding of federal taxes. Financial Plan Impact. The proposed subtitle makes permanent an already approved emergency legislation and does not impact the budget and financial plan. Subtitle (VII)(C) Subsidized Nonprofit Rental Unit Fee Exemption Amendment Act of 01 Background Under the District s rental housing law, 44 rental housing providers pay a $1.50 rental unit fee annually on each of their units except those that have received subsidy financing from either the federal Low Income Housing Tax Credit program 45 or the federal Housing Choice Voucher Program. 46 Units that receive funding from these programs must meet certain defined affordability criteria and be rented to low income tenants. This subtitle would extend this exemption to nonprofit rental housing providers who provide a large number of units (at least 440) at rent levels that qualify as affordable under these subsidy financing programs, but who do not use subsidy programs to finance their units. Financial Plan Impact The Office of Revenue Analysis is aware of only one nonprofit organization the United House of Prayer for all People that rents at least 440 units at rates that would qualify as affordable under the proposed subtitle. Therefore, the revenue impact of this exemption is de minimis and can be absorbed into the budget. Subtitle (VII)(D) Employer Use Tax Return Amendment Act of 01 Background The proposed subtitle requires 47 employers who are not required to collect and remit sales tax to file an annual use tax return with the Office of Tax and Revenue (OTR). Currently, companies are only able to file use tax through the District s sales tax program. This will provide a mechanism for companies without sales tax liability to pay the use tax they owe on purchases made outside the District for goods and services used in the District. 4 Enacted on December, 011 (D.C. Act 19-65; 58 DCR 114). 44 Rental Housing Act of 1985, effective July 17, 1985 (D.C. Law 6-10; D.C. Official Code ). 45 Codified in Section 114 of the Revenue Reconciliation Act of 199 (P.L ; 107 Stat. 1). 46 Commonly known as Section 8, and codified in Section 8 of the United States Housing Act of 196 (P.L ; 50 Stat. 888). 47 The subtitle adds a new subsection (g) to D.C. Official Code Page 6 of 40

232 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Financial Plan Impact The fiscal effect of the subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Requiring companies to file an annual use tax return with OTR is estimated to increase tax collections by approximately $. million in FY 01 and $8.8 million over the fouryear financial plan period. Estimated Fiscal Impact of Subtitle (VII)(D) Employer Use Tax Return Amendment Act of 01, FY 01 FY 016 ($ in millions) FY 01 FY 014 FY 015 FY 016 Four-Year Total Increase in use tax revenue $. $. $. $. $8.8 Source: Office of Revenue Analysis Subtitle (VII)(E) Overpayment Interest Rate Act of 01 Background The proposed subtitle changes the interest rate paid to taxpayers by the District for overpayments made on tax returns. Currently, the District pays 6 percent interest on overpayments. 48 The subtitle changes to rate to one percentage point above the Prime Credit Discount Rate for the Richmond Federal Reserve Bank as of the previous September 0, not to exceed 6 percent. This translates to an interest rate of approximately percent. Financial Plan Impact The fiscal effect of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Under the proposed legislation, the interest paid on overpayments would equal 1.75 percent. During the financial plan period, this rate is projected to stay at about percent. This lower interest rate will result in a savings of approximately $1.8 million each year. The fiscal effect of the proposed subtitle is already incorporated into the proposed FY 01 through FY 016 budget and financial plan period. Estimated Fiscal Impact of Subtitle (VII)(E) Overpayment Interest Rate Act of 01, FY 01 FY 016 ($ in millions) FY 01 FY 014 FY 015 FY 016 Four-Year Total Savings from lower interest $1.8 $1.8 $1.8 $1.8 $7. Source: Office of Revenue Analysis based on the Prime Credit Discount Rate projections by the Federal Reserve Bank of Richmond. 48 The subtitle amends D.C. Official Code 47-40(c). Page 7 of 40

233 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Subtitle (VII)(F) The Non-Individual Income Tax Electronic Filing Threshold Amendment Act of 01 Background The proposed subtitle requires taxpayers with payments exceeding $5,000 to submit those payments though electronic fund transfer. Current law requires taxpayers with payments of $10,000 or more to pay electronically. Financial Plan Impact The fiscal effect of the proposed subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Requiring individuals with payments exceeding $5,000 to pay electronically will result in a savings of $15,000 each year for a total savings of approximately $500,000 over the four-year financial plan period. The savings reflect the additional interest accrued on deposits. Estimated Fiscal Impact of Subtitle (VII)(F) The Non-Individual Income Tax Electronic Filing Threshold Amendment Act of 01 FY 01 FY 016 FY 01 FY 014 FY 015 FY 016 Four-Year Total Savings from EFT $15,000 $15,000 $15,000 $15,000 $500,000 Source: Office of Revenue Analysis Subtitle (VII)(G) The Homestead Deduction, Personal Exemption, and Standard Deduction Amendment Act of 01 Background Under current law, the personal exemption, the standard deduction, and the homestead exemption are set for an inflationary adjustment in FY 01 from the base year of 007. The proposed subtitle will change the base year to 011, thus in FY 01 these values will be adjusted by one year of inflation. Financial Plan Impact The fiscal effect of the subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Change the base year of inflationary adjustments for the personal exemption, the standard deduction, and the homestead exemption will reduce the amount by which these exemptions will increase each year, starting FY 01. The new homestead deduction level would increase real property tax collections by approximately $5.5 million in FY 01 and $.5 million over the four-year financial plan period. The new level of personal exemption and standard deduction will increase income tax revenue by $6.5 million in FY 01 and by $7.8 million in the four-year financial plan period. Page 8 of 40

234 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Estimated Fiscal Impact of Subtitle (VII)(F) The Homestead Deduction, Personal Exemption, and Standard Deduction Amendment Act of 01 FY 01 FY 016 ($ in millions) FY 01 FY 014 FY 015 FY 016 Four-Year Total Increase in property tax revenue $5.50 $6.00 $6.00 $6.00 $.50 Increase in income tax revenue $6.50 $10.0 $10.40 $10.60 $ 7.80 Total Revenue impact $1.00 $16.0 $16.40 $16.60 $ 61.0 Source: Office of Revenue Analysis Subtitle (VII)(H) Taxpayer Refund Offset for Department of Motor Vehicles Liabilities Act of 01 Background The proposed subtitle authorizes the Office of the Chief Financial Officer (OCFO) to apply a taxpayers refund to any delinquent taxes, fees, fines or other liabilities that taxpayer owes to the Department of Motor Vehicles. Financial Plan Impact The fiscal effect of the subtitle is incorporated into the proposed FY 01 through FY 016 budget and financial plan. Authorizing the OCFO to apply taxpayer overpayments to outstanding liabilities owed to the Department of Motor Vehicles is estimated to increase revenue collection by approximately $.5 million in FY 01 and $10 million over the four-year financial plan. Estimated Fiscal Impact of Subtitle (VII)(H) The Taxpayer Refund Offset for Department of Motor Vehicle Liabilities Act of 01 FY 01 FY 016 ($ millions) FY 01 FY 014 FY 015 FY 016 Four-Year Total Increase nontax revenue $.5 $.5 $.5 $.5 $10.0 Source: Office of Revenue Analysis Subtitle (VII)(I) Out-of-State Municipal Bond Tax Repeal Act of 01 Background The proposed subtitle repeals the income tax levied on interest income earned on out-of-state municipal bonds. The tax applies to bond purchases made on or after January 1, 01. This subtitle would apply only upon certification by the OCFO that revenue revisions for FY 01 provide sufficient funds to support the priorities 1 through 6 outlined in Subtitle (X)(A) of this Act. Financial Plan Impact Repealing the tax on interest income earned on out-of-state municipal bonds would reduce revenue collections by approximately $1.1 million in FY 01 and $9.1 million over the four-year financial plan period. Because this subtitle is subject to availability of future revenues, it fiscal effect is not included in the four-year budget and financial plan. Page 9 of 40

235 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 The Office of Revenue Analysis reviews revenue estimates for the District of Columbia quarterly. The revenue estimates may project an increase or decrease in revenues depending on economic conditions in the District. If revenues do not increase by the amount necessary to cover the cost of items 1-6 in Subtitle (X)(A) and this subtitle, it will not be implemented. Estimated Fiscal Impact of Subtitle (VII)(I) The Out-of-State Municipal Bond Tax Repeal Act of 01, FY 01 FY 016 ($ in millions) FY 01 FY 014 FY 015 FY 016 Four-Year Total Reduction in income tax revenues $1.1 $1.7 $.5 $.8 $9.1 Source: Office of Revenue Analysis Subtitle (VII)(J) Commercial Property Tax Rate Amendment Act of 01 Background The proposed subtitle reduces the commercial property tax rate applied to the first $ million of assessed value from $1.65 per $100 of assessed value to $1.55 per $100 of assessed value. The new rate would be effective starting October 1, 01. This subtitle would apply only upon certification by the Office of the Chief Financial Officer revenue revisions for FY 01 provide sufficient funds to support the priorities 1 through 1 outlined in Subtitle (X)(A) of this Act. If these priorities are funded, the rate change would become effective as of October 1, 01, as priority 1 of Subtitle (X)(A) reduces the commercial property tax rate for FY 01. Financial Plan Impact Reducing the commercial property tax rate for the first $ million of assessed value from $1.65 per $100 of assessed value to $1.55 per $100 of assessed value would reduce revenue collections by approximately $10 million in FY 01 and $41. million over the four-year financial plan period. (This estimate accounts for the impact in FY 01 because the implementation of this subtitle is dependent on sufficient funds to support the rate reduction in FY 01 as well.) Because this subtitle is subject to availability of future revenues, it fiscal effect is not included in the four-year budget and financial plan. The Office of Revenue Analysis reviews revenue estimates for the District of Columbia quarterly. The revenue estimates may project an increase or decrease in revenues depending on economic conditions in the District. If revenues do not increase by the amount necessary to cover the cost of items 1-1 in Subtitle (X)(A) and this subtitle, it will not be implemented. Estimated Fiscal Impact of Subtitle (VII)(J) Commercial Property Tax Rate Amendment Act of 01 FY 01 FY 016 ($ in millions) FY 01 FY 014 FY 015 FY 016 Four-Year Total Reduction in property tax revenue $10.0 $10. $10.4 $10.6 $41. Source: Office of Revenue Analysis Page 0 of 40

236 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE VIII BUDGET SUPPORT ACT CONFORMING AND TECHNICAL AMENDMENTS Subtitle (VIII)(A) Prior Budget Support Act Amendments Act of 01 Background The proposed subtitle provides various technical corrections to Fiscal Year 01 Budget Support Act of 011, 49 Revised Fiscal Year 01 Budget Support Technical Clarification Temporary Amendment Act of and D.C. Official Code. First, it correctly references the D.C. Official Code section that repealed the Antifraud Fund under Section 9004(b) of the FY 01 Budget Support Act. The D.C. Official Code already reflects the intended change, so the elimination of the incorrect reference in the FY 01 Budget Support Act is a technical correction. Second, under Section 9067 of the FY 01 Budget Support Act, it corrects the reference in the D.C. Official Code to the Drug Interdiction and Demand Reduction Fund, and repeals D.C. Official Code , which discusses the funding and disbursement of the Drug Interdiction and Demand Reduction Fund. This repeal is technical since the fund itself had been repealed. Third, under Section 907 of the FY 01 Budget Support Act, it repeals D.C. Official Code that establishes the Animal Control License Fees Fund. This amendment is technical since the intent of Section 907 was to deposit all Animal Control License Fees to the unrestricted portion of the General Fund of the District of Columbia. Fourth, it repeals Section 9099 of the FY 01 Budget Support Act, which made the Solid Waste Disposal Cost Recovery Special Account lapsing. This fund must remain non-lapsing to satisfy the conditions of a settlement agreement between the District and private haulers. 51 Fifth, it clarifies that Fund 51 (Drug Interdiction and Demand Reduction Fund in the Narcotics Proceeds agency) within the Metropolitan Police Department shall be treated as a local fund, and not a special purpose fund. FY 01 Budget Support Act repealed HC0 0608, the Drug Interdiction and Demand Reduction Fund in the Department of Health, but neglected to repeal Fund 51, which is the corresponding account at the Metropolitan Police Department. Sixth, it postpones 5 the requirement that the District s budget and financial plan include a Pay-asyou-go Capital account for the upcoming fiscal year and each subsequent fiscal plan year to FY 016. Under current law, this requirement is effective FY The Fiscal Year 01 Budget Support Act of 011, effective September 14, 011 (D.C. Law ; 58 DCR 66) 50 Effective December, 011 (D.C. Law 19-05; 58 DCR 8954) 51 The settlement agreement requires the District to maintain transfer stations and pay the cost of private haulers using the District transfer stations and hauling their trash to the landfill. 5 This section amends D.C. Official Code , Process for submission and approval of financial plan and annual District budget. 5 Under current law, the Pay-as-you-go Capital Account shall be equal to the projected local funds revenue of each year, minus the local funds revenue in the budget and financial plan approved May 011 (for FY 01 Page 1 of 40

237 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Seventh, it clarifies that for taxpayers with a taxable income between $10,000 and $40,000, the relevant tax rate is $400 plus 6 percent of taxable income in excess of $10,000, and not in excess of $40,000 as erroneously drafted in FY 01 Budget Support Act. 54 The subtitle also makes the corresponding correction in the D.C. Official Code. 55 Eighth, it clarifies that the interest income earned on out-of-state municipal bonds is subject to taxation only for bonds purchased after January 1, 01, and that this tax will apply only if the quarterly revenue estimates for FY 01 announced by the Office of the Chief Financial Officer provides sufficient funds to support the Mayoral priorities outlined in order in Title X of this Act. Financial Plan Impact The proposed changes are technical clarifications, and do not have an impact on the proposed FY 01 through FY 016 budget and financial plan. Subtitle (VIII)(B) FY 011 O-type Un-Designation Amendment Act of 01 Background The Fiscal Year 01 Budget Support Act of directs the Chief Financial Officer to undesignate the entire amount of the FY 011 fund balances of certain special purpose revenue funds, so that the funds revert to the unrestricted balance of the General Fund at the end of FY 011. The proposed subtitle first clarifies that for the following special purpose revenue funds, the full FY 011 balances would remain undesignated. Agency Title DC Public Library Department of Insurance, Securities and Banking Department of Employment Services Department of Health Agency Fund Title Miscellaneous Customer Service Bookstore - DCPL Miscellaneous Restricted Fines Junior Supersavers Club Proceeds C Street, N.E. Other Medical Licenses And Fees Health Facility Fee Animal Control Dog License Fees Food Handlers Certification Vital Records Revenue Special Purpose Revenue Fund Adjudication Hearings (Water Quality) EMS Fees budget), multiplied by 5%. The proposed change clarifies that the first relevant date would be the May of It amends Section 6 of the Revised Fiscal Year 01 Budget Support Technical Clarification Temporary Amendment Act of 011, effective December, 011 (D.C. Law 19-05; 58 DCR 8954) 55 The provision amends D.C. Official Code (a)(8). 56 The Fiscal Year 01 Budget Support Act of 011, effective September 14, 011 (D.C. Law 19-1; 58 DCR 66). Page of 40

238 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Agency Title Department of Health Care Finance Department of Motor Vehicles Department of Parks and Recreation Department of Public Works Department of Real Estate Services Dept of Small and Local Business Development Department Of Transportation Department of Consumer and Regulatory Affairs Department of Housing & Community Dev. Deputy Mayor for Economic Development Department of the Environment District of Columbia Public Schools John A. Wilson Building Fund Metropolitan Police Department Office of Public Education Facilities Modernization Office of Administrative Hearings Office of Chief Financial Officer Office of Contracting & Procurement Office of Motion Pictures & Television Office of Tenant Advocate Office of The Attorney General Office of The Chief Medical Examiner State Superintendent of Education Taxi Cab Commission Total Agency Fund Title HCSN Revolving Fund Drivers Education Program Fee - Out-Of-State Vehicle Registration General "O" Type Revenue Sources Enterprise Fund Account Abandoned Vehicle Program Rent RFK & DC Armory Maintenance Fund Commercial Trust Fund DDOT Operating Fund Construction/Zoning Compliance Mgmt Fund Enhanced Surveyor Function Housing Production Trust Fund Neighborhood Investment Fund Industrial Revenue Bond Program Adjudication Hearings (Air Quality) Underground Storage Tank Fines And Fees General Enforcement Fines And Fees Lead Based Certification Fees Pesticide Product Registration Lead Poisoning Prevention Fund Hazardous Generator Fees RETF - Pepco Residential Essential Services (Res) Verizon Economy II (for discounted phone service) Residential Aid Discount (RAD) DHHS Afterschool Program-Copayment Custodial Wilson Building Notes Payable Sale Of Unclaimed Property BOE-Real Property Improvement/Maintenance Fund Lease Income Adjudication Fines Compliance & Real Property Tax Admin. Fund DC Surplus Personal Property Sales Oper. Production Support Rental Accommodation Fees Condo Conversion DUI Antifraud Fund Anti-Trust Fund Consumer Protection Fund Medical Examiner Fees Pre-K Program Assistance Fund OPLA - Special Account State Superintendent Of Education Fees GED Testing Fees Justice Department Fingerprints The subtitle also specifies that for the following accounts, only the amounts shown in the following table (and not the full end of FY 011 balances) be undesignated: Page of 40

239 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Agency Title Agency Fund Title FY11 Undesignation Alcoholic Beverage Regulation ABC Keg Registration Fees $,18 Administration ABC - Import And Class License Fees $,470,86 DC Public Library Copies And Printing $66,008 Department of Insurance, Securities HMO Assessment $7,58 & Banking Insurance Assessment $890,6 Department of Corrections Corrections Trustee Reimbursement $554,645 Department of Employment Services Workers' Compensation Admin. $,819,914 U. I. Interest/Penalties $51,00 U.I. Administrative Assessment $1,116,780 Department of Health Pharmacy Protection $815,788 Board Of Medicine $,084,486 Department of Health Care Finance Medicaid Collections-rd Party Liability $75 Bill of Rights(Grievance & Appeals) $77,71 Department of Human Services SSI Payback $,417,706 Department of Public Works District Recycle Program $90,61 Solid Waste Disposal Fee Fund $09,809 Clean City Fund $440,574 Department of Real Estate Services Eastern Market Enterprise Fund $111,745 Department of Transportation Tree Fund $68,499 Department of Consumer and Regulatory Affairs Department of Housing and Community Development R-E Guar. & Educ. Fund $74,78 Board Of Engineers Fund $96,88 Basic Business License Fund $65,761 OPLA - Special Account $777,765 Green Building Fund $96,14 DHCD Unified Fund $1,866,116 Home Purchase Assistance Program - $1,95,59 Senior Citizens Home Repair $77,58 Deputy Mayor for Economic AWC & NCRC Development $1,750,000 District Department of The Soil Erosion/Sediment Control $1,4,04 Environment Sustainable Energy Trust Fund $9,66,17 DC Municipal Aggregation Program $15,569 Anacostia River Clean Up Fund $91,197 Renewable Energy Development Fund $457,601 Energy Assistance Trust Fund $,58,69 Medical Liability Captive Ins Agency Captive Insurance Fund $,40,449 Metropolitan Police Department Asset Forfeiture $75,088 Office of Cable TV Cable Franchise Fees $,4,75 Office of Chief Financial Officer Recorder Of Deeds Surcharge $1,749,845 Office of Planning Hist. Landmark & Hist. Dist. Filing Fees $7,100 Office of People's Counsel Advocate For Consumers $100,870 Office of The Attorney General Child Support - Interest Income $1,496 Child Support - Reimbursements & Fees $1,960 Child Support - TANF/AFDC Collections $,,11 State Superintendent of Education Charter School Credit Enhancement Fund $5,651,166 Taxi Cab Commission Taxicab Assessment Act $5,59 Total $56,587,407 Page 4 of 40

240 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Financial Plan Impact The proposed subtitle redesignates funds in the District s fund balance to various special purpose accounts. In the absence of this subtitle, the full FY 011 balances of these funds would have been undesignated. This subtitle undesignates approximately $56 million as depicted in the table above, thus leaving approximately $4 million in FY 011 special purpose revenue fund balances that are available for potential agency use. The proposed changes in the designation of FY 011 fund balances do not have an impact on the District s budget and financial plan, but provides flexibility to agencies by increasing available balances in various special purpose revenue type accounts. The proposed FY 01 through FY 016 budget and financial plan does not use these newly redesignated funds to balance agency budgets. Page 5 of 40

241 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE IX CAPITAL BUDGET Subtitle (IX)(A) District Department of Transportation Capital Project Review and Reconciliation Act of 01 Background The proposed subtitle authorizes the Office of the Chief Financial Officer (OCFO) to close any capital project funded from revenues in the Local Transportation Fund if the project : has obligated or expended funds in excess of its approved budget; or has been inactive for 1 months or more. The proposed subtitle also authorizes the OCFO to close any capital project funded from revenues in the Highway Trust Fund if the project: has been closed by the United States Department of Transportation; has an open balance of: o $500,000 or more, and has been inactive for 1 months; o Between $50,000 and $499,999, and has been inactive for 4 months; o Less than $50,000, and has been inactive for 6 months; or has obligated or expended funds in excess of its approved budget. The subtitle authorizes the OCFO to adjust the budget allotment of a capital project if the allotment exceeds its budget authority. The subtitle requires funds resulting from the closure of a capital project funded by the Local Transportation Fund to be allocated equally among the Local Streets Ward-based capital projects, and requires funds resulting from the closure of projects funded by the Highway Trust Fund to be allocated to Federal Highway Administration capital projects approved for the current Fiscal Year. Finally, the subtitle requires the OCFO to submit to the Mayor and the Council a quarterly summary of all capital project closures. Financial Plan Impact Authorizing the OCFO to close capital projects that meet the above-mentioned criteria and reallocating these funds to other capital projects would not have a negative impact on the proposed budget and financial plan. These activities are already authorized and being implemented under temporary legislation 57 that is set to expire June 01. The proposed subtitle makes these activities permanent. 57 The District Department of Transportation Capital Project Review and Reconciliation Temporary Act of 011 effective October 0, 011 (D.C. Law 19-4; 58 DCR 651). Page 6 of 40

242 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Subtitle (IX)(B) Capital Budget Reporting Requirements Act of 01 Background Under current law, the Office of Contracting and Procurement has authority to immediately spend funds or reclassify funds for immediate expenditures under emergencies. The proposed subtitle requires the Mayor to submit to Council a quarterly report with a list of all District Department of Transportation (DDOT) projects or accounts under which such emergency expenditures took place. The quarterly reports must be certified by the OCFO. Financial Plan Impact The proposed reporting requirements for DDOT have no impact on the proposed budget and financial plan, but allow for better tracking of emergency expenditures incurred by DDOT. Subtitle (IX)(C) Capital Budget Authority Transfer Act of 01 Background The proposed subtitle reduces the capital budget authority and allotment for the South Capitol Corridor Project by approximately $8.7 million and increases the capital budget authority and allotment for the 11 th Street Bridge project by the same amount. Financial Plan Impact The proposed FY 01 through FY 018 Capital Improvement Plan already incorporates the fiscal effect of the proposed changes. According to the District Department of Transportation, the capital funds for the South Capitol project are no longer needed. Subtitle (IX)(C) Proposed Capital Budget Modifications Reduce Capital Budget Authority and Allotment: South Capitol Street Corridor (AW000) ($7,801,48.00) Fund detail 00 ($1,716,14.00) Fund detail 050 ($6,085,114.00) Transit Operations and Dedicated Facilities (TOP00) ($851,000.00) Fund detail 00 ($187,0.00) Fund detail 050 ($66,780.00) Total Reduction: ($8,65,48.00) Increase Capital Budget Authority and Allotment: 11th Street Bridge (HTF00) $8,65,48.00 Fund detail 00 $1,90,54.00 Fund detail 050 $6,748, Total Increase: $8,65,48.00 Page 7 of 40

243 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 Subtitle (IX)(D) FY 010 Capital Project Reallocation Approval Resolution Act of 01 Background The proposed subtitle authorizes the Office of the Chief Financial Officer (OCFO) to reallocate approximately $1 million in currently held general obligation bond balances from the capital projects with slow activity to the WMATA Transit Operations and Dedicated Facilities project, a project with insufficient bond balance to cover expenditures. This enables the District to make better use of the bonds held in escrow (at a low interest rate), avoid some future borrowing, and improve cash flow. The subtitle has no impact on the budget authority of the capital projects. Financial Impact Authorizing the OCFO to reallocate currently held bond balances from certain capital whose balances are currently not being used to the WMATA project would not have a negative impact on the proposed budget and financial plan. Additionally, the reallocation would neither increase nor decrease the budget authority for the WMATA project or the other capital budget projects cited in the legislation. The intent is only to reallocate available bond balances where they are needed, making more efficient use of District resources. Page 8 of 40

244 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 TITLE X ADDITIONAL REVENUE CONTINGENCY LIST Subtitle (X) (A) Revised Revenue Estimate Contingency Priority List of 01 Background This subtitle sets forth a spending priority list in the event that a future revenue estimate projects revenues over and above the revenue estimate 58 incorporated in this, the FY 01 budget. The priority list of possible spending is as follows: (1) Department of Human Services - $7,000,000 to increase local funds for homeless services to cover the loss of federal block grant carryover funds; () Department of Human Services - $14,700,000 to increase TANF job program to universality; () Department of Healthcare Finance - $,05,74 for Alliance benefit restructuring and moving to primary and preventative care only for 0,000 beneficiaries; (4) D.C. Housing Authority - $19,969,048 to designate the Housing Production Trust Fund for the Local Rent Supplemental Program; (5) Deputy Mayor for Public Safety and Justice/Office of Victims Services - $,584,000 for Emergency and Transitional Housing, the restoration of the cut to core services, and to fund the Lethality Program; (6) General Fund Revenue - $1,100,000 to repeal the tax on out-of-state municipal bonds; (7) Office of the State Superintendent of Education - $8,550,000 for increasing infant and toddler services/early intervention slots by 95; (8) Office of the State Superintendent of Education - $5,000,000 for special education improvement, compliance, and capacity building (11 FTEs); (9) Department of Human Services - $1,575,451 to increase local funds to cover the loss of federal funds in Family Services block grants, refugee services, emergency shelter, pregnancy and teen parenting; (10) Department of Housing and Community Development - $,900,000 to double local funding for the Home Purchase Assistance Program; (11) Department of Mental Health - $1,900,000 for school based mental health staff; (1) General Fund Revenue - $10,000,000 to reduce the commercial property tax rate on the first $ million of assessed value from $1.65 to $1.55 per $100 of assessed value; (1) Department of Human Services - $,400,500 to increase local funds for homeless services to cover contractually mandated costs increases; (14) University of the District of Columbia - $6,47,766 to provide funding for the Community College of the District of Columbia; (15) University of the District of Columbia - $,000,000 to provide full funding requested by the University of the District of Columbia for early out; (16) Department of Housing and Community Development - $1,84,987 for the Small Business Technical Assistance Program; (17) Office of Planning - $1,500,000 for the Ward 8 Pilot budget challenge; (18) D.C. Public Library - $1,000,000 for the restoration of materials/acquisition budget; (19) Department of Corrections - $00,000 for Career Ladder promotions; (0) Fire and Emergency Medical Services - $540,000 to expand Fire Cadet program; (1) District Department of the Environment - $1,000,000 for the sustainable D.C. Pilot; 58 Office of the Chief Financial Officer, February 01 Revenue Certification Letter, dated February 9, 01. Page 9 of 40

245 The Honorable Kwame R. Brown FIS: Fiscal Year 01 Budget Support Act of 01, Legislation submitted to the Council on March, 01 () D.C. Commission on Arts and Humanities $,000,000 increased funding for the arts; () Office on Aging - $76,874 to increase one FTE for the Senior Villages coordinator; (4) Deputy Mayor for Planning and Economic Development - $1,000,000 for Destination DC/Events DC pilot advertising and marketing; and (5) D.C. Department of Human Resources - $0,000 to restore the Capital City Fellows Program (5 FTEs). Financial Plan Impact This priority list for potential spending in FY 01 has no effect on the proposed budget and financial plan. The Office of Revenue Analysis reviews revenue estimates for the District of Columbia quarterly. The revenue estimates may project an increase or decrease in revenues depending on economic conditions in the District. This spending list would propose to spend any future revenue increases, but if revenue increases do not materialize in FY 01, Title X of this bill will not be implemented. If revenue increases do materialize within FY 01, this list would govern the expenditure of those increased revenues. Page 40 of 40

246 ATTACHMENT D: Notice of Intent to Act for B

247

248 ATTACHMENT E: Witness List and Testimony for B

249 Council of the District of Columbia Committee of the Whole Agenda/Witness List John A. Wilson Building, 150 Pennsylvania Avenue, N, W., Washington, DC 0004 CHAIRMAN KW AME R. BROWN COMMITTEE OF THE WHOLE Public Hearing on the Fiscal Year 01, Budget Request Act 0(01; Fiscal Year 01, Budget Support Act of 01 Monday, April 0, 01, 1:00 Noon John A. Wilson Building, Council Chamber, Room 500 CALL TO ORDER OPENING STATEMENT PUBLIC WITNESSES Neil Albert, Co-Chair DC Chamber of Commerce Govemment Affairs Committee Ernie Jarvis, President of the Board of Director's DC Building Industry Association Patricia Mullahy Fugere, Executive Director Washington Legal Clinic for the Homeless David Schwartzman DC Statehood Green Party Nicola Whiteman, Vice President Apartment and Office Building Association (AOBA) Caroline Kruger, Regional Property Manager Apartment and Office Building Association (AOBA)

250 Skip Coburn, Executive Director DC Nightlife Association Ram Uppuluri, Senior Policy Advisor Friends of Choice in Urban Schools (FOCUS) Kesh Ladduwahetty, Membership Chair DC for Democracy Nechama Masliansky, Senior Advocacy Advisor So Others Might Eat (SOME, Inc) Kurt Runge, Advocacy Specialist So Others Might Eat (SOME, Inc) Eric Sheptock, Chairman Shelter, Housing and Respectful Change (SHARC) Patrice Alston, DC Resident Robert Warren, President People for Fairness Coalition Robert Martrano, DC Resident Claudette Bethea, DC Resident Kendall Hall DC Citizens and Homelessness among Family's Tom Howarth, Director Father McKenna Center Edward Smith, Staff Attorney DC Nurses Association Shirley Massey Injured Worker Advocate

251 William Workcuff Injured Worker Advocate Maria Powell Injured Worker Advocate Shiv Newaldass, Director of Advocacy Manna, Inc. Seynan Duru Waiter Rhee David Karim Josephine Lounge Elissa Silverman DC Fiscal Policy Institute Alex Haje Gokhan Akkus (Jake) Paul Kadlick G. Lee Aikin DC Stathood Green Party Marilyn Phillips, Ward 8 Resident Future HPAP Recipient (Manna, Inc.) Sarah Seruggs, Head Organizer Manna, Inc. Jim Dickerson, Founder & Chair Manna, Inc. Pastor of New Community Church Bob Pohlman Coalition for Nonprofit Housing & Economic Development

252 GOVERNMENT WITNESSES Allen Y. Lew, City Administrator District of Columbia Eric Goulet, Deputy Chief of Staff Budget Director, Mayor's Office of Budget and Finance ADJOURNMENT

253 Testimony of Shirley Massey April 0 th, 01 Public Hearing on Fiscal Year 01 Budget Request Act of0l and Fiscal Year 01 Budget Support Act of01 Committee ofthe Whole My name is Shirley Massey and I am an injured DC government employee and a long time resident of Ward 4. While I was working I was a member of AFSCME local 087. I am here today to ask your support for an amendment to the Budget Support Act titled "Protecting Injured Government Workers Reform Act of01." In the budget two years ago, the Council repealed several provisions to the Public Sector Disability Compensation Program due to budget constraints. The repeals endangered injured workers' right to fairly access the disability compensation which we deserve as injured D.C. employees. Our proposed legislation does not seek to restore all these cuts, but instead focuses on four repealed provisions that have caused the most harm. For the sake of time, I will just highlight two of these. For your convenience, attached to my testimony you will find a summary of the proposed legislation. In our legislation, we ask that you restore the great weight given to the opinions of treating physicians to ensure that injured workers' medical conditions are accurately assessed. Historically, treating physicians have always had greater weight in determining injured workers' eligibility for compensation and that is the way it still is in the private sector. It was only years ago that this standard was overturned by the Council due to budget restraints and I am here today to ask that you reinstate this historic preference for the opinions of treating physicians. The treating physicians' opinions should be granted more weight because they give us thorough examinations and they are familiar with our medical conditions and how we respond to treatment. In contrast, "Independent Medical Examiners" or "IMEs" only examine us for a few

254 minutes and their medical assessment is only based on a one-time visit The IMEs' limited contact with injured workers gives them an incomplete picture of our medical conditions. In our legislation, we are also asking that injured workers who are receiving compensation benefits continue to do so while they are appealing bad decisions in their case. This would prevent us from falling into abject poverty during an appeal because, for many injured workers, compensation benefits are the only source of income or health insurance that we receive. Thank you for the opportunity to testify. I hope you will find it in your hearts to support this amendment

255 D.C. Council: Fix the Compensation System for Injured Public Workers Over,000 injured D.C. government employees go through the Public Sector Workers Compensation Program each year. Disability benefits are intended to give injured government workers financial security when injured on the job and help them pay their medical care, rent and other basic necessities. Unfortunately, due to a decade of poor administration and noncompliance, formerly middle-class injured workers have been driven into poverty. Instead of protecting injured D.C. employees, we have allowed thousands of District residents to fall into poverty as a result of their workplace injuries. Between the years 00 and 007, the D.C. Council, buoyed by the efforts of concerned workers, passed several pieces oflegislation that helped to increase the efficacy of the program. The Council reduced the time for resolving injured workers' eligibility and created penalties for late payments to injured workers. In both initiatives, the Council sought to ensure that, while physically unable to do work, injured D.C. employees would not languish without any income. Additionally, the Council codified the preference for an injured worker's treating physician's opinion when determining work eligibility over that of a government-designated doctor who had very limited information regarding the claimant's health condition. Unfortunately, after the hard work of injured employees and Councilmembers, the FY 011 budget reversed some of these legislative victories. The Council repealed provisions that ensured low-income claimants fair access to legal representation and allowed workers to exercise their right to appeal an unjust denial or termination of benefits. The Council granted government appointed doctors with limited knowledge of a client's health condition greater weight in determining work eligibility, reducing the role of treating physicians. The repeals endangered claimants' right to fairly access disability compensation, which they deserve as injured D.C. employees. The D.C. Council should act immediately to fix these problems and pass legislation to: 1. Restore the great weight given to the opinion of treating physicians to ensure accurate medical assessments of claimants' health conditions.. Repeal the prohibition of claims for mental stress or emotional conditions or diseases.. Provide that a claimant who begins to receive compensation will continue to do so until he or she exhausts all administrative remedies. 4. Restore the availability of disability compensation for workers with temporary injuries that last longer than 500 weeks that are not reclassified as permanent.

256 Maria Powell April 0 th, 01 Public Hearing on Fiscal Year 01 Budget Request Act of01 and Fiscal Year 01 Budget Support Act of01 Committee of the Whole Good morning. My name is Maria Powell and I am an Injured Worker Advocate. I was injured while working in the D.C. Public Schools System. In 00 a heavy conference table propelled into me with six computers; monitors, hard drives, and keyboards collapsed on both legs thrusting me backwards and causing cervical, lumbar and nerve damage. I am here today to ask for your support in passing an amendment to the Budget Support Act entitled the "Protecting Injured Government Workers Reform Act of01". Two years ago in the budget the Council repealed several provisions to the disability compensation program due to budget constraints. In our proposed legislation we are trying to restore some of the most important cuts that took place. The two most important provisions that we would like to see restored are: the great weight given to the opinions of treating physicians and the provision that injured workers who begin to receive benefits will continue to do so until they are finished appealing their case. Our legislation seeks to restore the great weight given to the opinions of treating physicians in order to ensure accurate medical assessments of injured workers' conditions. Until two years ago the diagnosis of a treating physician was given more weight than the opinion of a government appointed "Independent Medical Examiner", or "IME". This is because treating physicians are doctors who know our medical history and understand our injuries. The IMEs are hired by Risk Management to see us for -10 minutes. In this short time they do not give us tests such as MRls or X-Rays and often do not even touch us to really examine our injuries. These IMEs then produce medical reports based on this very brief and inadequate exatnination

257 explaining that we are medically able to return to work. Treating physicians, not IMEs should be entrusted with determining injured workers' eligibility for benefits. Our legislation also seeks to protect workers who have begun receiving compensation because they were determined to be injured on the job. It would do this by preventing the Office of Risk Management from suddenly ending their compensation and health insurance without giving them time to appeal the decision. This is important because many of us rely on the benefits as our sole source of income. Injured workers like myself should not be forced into poverty as a result of our workplace injuries. Thank you for the opportunity to testify. Please support the "Protecting Injured Government Workers Reform Act of 01" to ensure just treatment for injured workers.

258 Testimony of William Workcuff April 0 th, 01 Public Hearing on Fiscal Year 01 Budget Request Act of01 and Fiscal Year 01 Budget Support Act of01 Committee of the Whole My name is William Workcuff. I am a District resident in Ward 8 since 1966 and I am an injured worker from the DC Housing Authority. I am here today to ask your support for an amendment to the Budget Support Act titled "Protecting Injured Government Workers Reform Act of01." This act would restore the great weight granted to the opinion of our treating physicians. The reason it is so important to restore the great weight given to the opinions of treating physicians is because they know our bodies and our treatments very well. Treating physicians take time to examine us and give us appropriate care and medications. In contrast, IMEs are doctors that Risk Management hires and pays to write reports about whether we can return to work. IMEs examine us for only -5 minutes, do not perform any X-rays or MRIs or even touch us to check the injury. ORM will send us to one IME after another until one concludes that we are medically able to return to work. Because of all this, the opinions of treating physicians should be given more weight than the reports of IMEs. Thank you for allowing me to testify today. Please give your support to the "Protecting Injured Government Workers Reform Act of01".

259 Testimony of: Sarah Scruggs, Head Organizer, Manna, Inc. Committee of the Whole Public Hearing on the Fiscal Year 01 Budget Request Act of01 Monday, April 0, 01 Good afternoon. My name is Sarah Scruggs. I am a resident of Ward 1 and work for Manna, Inc. Thank you for the opportunity to provide feedback on the Mayor's budget. Housing is the foundation of our city, and this budget does not meet the city's housing needs. The Council must begin to address the housing crisis that District residents live with every day by making investments across the Continuum of Housing. That means: Fully funding the Housing Production Trust Fund Funding permanent solutions to homelessness Maintaining the Home Purchase Assistance Program (HP AP) at its FY 01 level. Today I will speak specifically about HPAP. HPAP is some of the best money that the City invests, as residents pay the assistance back ($ million comes back every year) and becoming a homeowner gets people up and out poverty, allowing them to build wealth for themselves and their families. Unfortunately, the Mayor's budget does not prioritize affordable homeownership or affordable housing in general. And the policy priorities that the Mayor has and is funding, like education, crime reduction and job creation, do not fully work without dynamic continuum of housing. I work with DC homeowners everyday who received HP AP and would not have been able to purchase otherwise, and the numbers continue to grow; Manna has over 5 people enrolled in

260 our Homebuyers Club. HPAP recipients, many of them long-time residents of the District, have worked together and with their neighbors to reduce crime in their neighborhoods and have become more active in their communities and in politics in the city as a result of their home investment. I would like to share some research about crime reduction and political participation as it relates to homeownership. I am not trying to pit homeownership against rental, but since ownership programs have taken a hit in this budget, I would like to raise some of the benefits of owning a home. Crime: Int he early 90s, Galveston Place, located East of the River, was full of slum lords and some of the worst crime in the city. Manna organized the residents and made half the block homeowners. Then other slum lords started fixing up their places and crime reduced dramatically. This was written up as a case study in the National Joumal Homeowners tend to live longer in the same area - in fact, 80% of Manna's homeowners from the past 0 years are still in their homes. Longevity affects the stability of a neighborhod as there is a greater likelihood that residents are known to each other and watch out for one another. Finally, according to a nationwide study, a 1 % rise in homeownership has been found to lead to a 1.%-1.5% drop in property crimes and a 1%-1.1 % drop in violent crimes. Political Participation: Homeownership has been shown to increase the likelihood that the occupant with participate in local politics and volunteer in the community, both because of the

261 affect of essential neighborhood services on the value of their homes and the fact that homeowners tend to stay in their homes for longer periods of time. Homeowners are: 10% more likely to know their u.s. representative 9% more likely to know the school board head 15% more likely to vote in local elections 6% more likely to work to solve local problems. Keep in mind that HP AP is an essential piece to making all of this happen. HP AP and affordable homeownership helps make this city thrive. Thank you for the opportunity to speak today.

262 DISTRICT OF COLUMBIA BUILDING INDUSTRY ASSOCIATION 01 B"dfU "f DIf~ct"f~ Executive Co""",ttee Ernest Drew Jarvis OCBIA PmSIdent F1rst Putumac Really Trust Sean C. Cahill OCBtA Wee President Property Group Partners Paul Nassetla OCBIA Wee President PN Hoftman. Inc Deborah Ratner Salzberg OCBIA VICe President Forest Cil\, Washington Pamela Bundy Fosler OCBIA Socrotary Bundy [)evelopme~t Corporation Todd Stokes OCBIA Treasurer Baker TIlly Merrick T. Malone OCBIA immediate Past President Metropolis Development Company Jeffrey H. Gelman Saul Ewing LLP Matthew J. Klein Akndge Jair K. Lynch Jaor Lynch Development PartflRrs Roderic L Woodson Holland & Kn>ght LLP James J. Abdo AlJ.do Development. LLC Freddie Lewis Archer Le'wis Real ",state Services Claude E. Bailey Venable LLP Roben S. Brams Patton Boggs LLP Kenneth W. Brous.sard KeySank Howard Chapman Rand Construction Corporation Christopher R. Clarke Terra Nova TIlle & Settlement SeMces Donna Cooper Pepco Roglon Vicki Davis Urban Allantlc Daniel P. Dooley T,shman Speyer Brad Fennell WIII'~m C. Smith + Co GOldon Fraley Vorroado/Cha~es E. Sm~h L. Henry Gilford Gi~ord Corporation Matt Haas Clark Construction GrouP. LLC Michele V. Hagans Farl unc04n New Town Corporation CIlery! P. Hamilton nc Housing EnterpriseS Gary E. Humes Arnold & Porter llp Geoffrey M. Kieffer J Street CompanIes George P. Kreis Turner Construction Company Carey C. Majeski ORI Development Services. llc Antonio Marquez EagleBank Deryl McKissack McKIssack & McKissack Brett McMahon Miller & Long DC. Inc Gregory B. Meyer Brookfield Office Properties Robert J. Murphy MRP Realty Howard J. Riker HII'e~ Ber1<etey M. Sharvln The WIlkes Company Kenneth F. Simmons Boston Propert'Bs. Inc Suman Sorg Sorq Architects Joseph Stemlieb FastBanc. Inc Steven A. Teitelbaum WMATA Aakash R. Thakkar EYA. LLC PaUl Tummonds GDulston & Storrs Robert W. Ward Skanska USA Olmmerc,al Development Inc Debra D. Yogodzinski Reed Smith LLP Christopher H. Collins Holland & Knight LLP Testimony of Ernest D. Jarvis, President District of Columbia Building Industry Association At Public Hearing on Fiscal Year 01 Budget Request Act of01 and Fiscal Year 01 Budget Support Act of01 Monday, April 0, 01,10:00 AM John A. Wilson Building Council Chamber, Room 500 Before the Committee of the Whole Council of the District of Columbia Kwame R. Brown, Chairperson Good morning, Chairman Brown and members ofthe Committee of the Whole. I am Ernest D. Jarvis, Senior Vice President of First Potomac Realty Trust. I am testifying today as President of the District of Columbia Building Industry Association (DCBIA). Let me begin by expressing our support for the Mayor's proposed FY 01 budget, as having achieved balance without new taxes and fees and without any reduction of general fund reserves. We find that a welcome change from previous years. We further support the capital budget, which will move development forward on projects such as St. Elizabeth's, Skyland, McMillan Reservoir and others, which we regard as vital for the future growth of the District. We are mindful, of course, that the District faces other capital requirements that have long been deferred, including environmental investments that are mandated -like the current rivers project with its massive sewer system tunnels. Although there is a large cost to this initiative, we support the project as it will generate important additional environmental benefits in enhanced air quality and green space. We are not supportive, however, of the Overpayment Interest Rate Act of 01, which reduces the interest paid to tax payers on overpayment of taxes to a rate far below the interest charged on tax underpayments. While the amounts involved are relatively modest, we feel an important issue of tax fairness and equity is important here. PBst PreSidents Council William B. AI""p III Hines Char1es K. Barber The George Washington UniverSity Neal B. Bien BienlPaul Ventures. Inc Roben H. Braunohler Property Group Partners Gregory W. Fazakerley CG Investments, Inc Steven A. Grigg Republic Properties Cocpcxatioo Albert R. "Butch" Hopkins, Jr. Anacostia Holding Company. Inc Joseph F. Homing, Jr. Homing Brothers. Inc PIlIIIp R. Miller MDC Land, Inc W. Christopher Smith, Jr. William C Smtth + Co. WiUlam O. vase Real Estate Development Advisor Thomas W. Wilbur Ako'ge Jemes S. WIMams The Carty\e Group Executive Council Mer1< Baughman Peter G. Gartlan SKB Architecture & Design The Donohoe Companies. Inc Meybelle Taylor Bennett N. Uncia Goldstein Howan:llllwarsity Gomm.mity Reno & Cavanaugh. PLLC As9::Jciation PhlUp M. Horowitz David W. Briggs Venable UP Holland & Knight LLP Michael D. Huke Tania H. Castro CIH Properties. Inc Holland & Knight llp Douglas N. Jamal Brian P. Couher Douglas Development Cotp The JBG Companies Wdliam H. Norton Barry DePauw Northwestern Mutual ute ClaIk Construction GrouP. LLC Ins...ance Compeny Clviftop/"o$rJ. Donate.i 0-1 D. Rippeteau Donatelli Development Rippeteau Asch~ects, PC. Raymond A. Ritchey Boston Properties. Inc Adv,sory Commltteo Joseph L Askew Venzon Communkations. Inc Jennifer Eugene Washington Gas Joseph D. Schall ",,>C, Executove Vice President Gall Edwards 5100 Wisconsin Avenue, NW. Suite 01 Washington, DC (0) FAX (0)

263 Finally, I would note a larger matter of some concern with the FY 01 budget - and that is its absence of any specific steps to curb the trajectory of growth in District spending. The CFO has projected that general fund expenditures will grow by $776 million to $7. billion by FY 017. In 01 alone, the local spending increase needed to maintain the existing level of government services is $5 million. At some point, this seemingly automatic rise in government expenditures can only exhaust available revenue sources and crowd out other spending priorities. In this time of economic uncertainty, and as our city faces the prospect of reduced federal support, I offer this observation as a consideration for the Council in its review of the current budget and future financing plans for the District. That concludes my testimony. I would be happy to respond to any questions.

264 Good morning Council Members and Chairperson Brown. My name is Bart Uze and I serve as legal Counsel to Ryan LLC, a global tax services and consulting company. I am appearing on behalf of Mr. Michael Allen, the Ryan Principal in charge of the Mid Atlantic practice, and who usually provides testimony to you on behalf of Ryan and its clients. The new Chief Appraiser Tony George has been doing a commendable job since he has arrived in DC. Mr. George has expressed a commitment to upgrade the assessment process and assessment accuracy. He understands the frustration of property owners and recognizes that the current number and rate of appeals is not sustainable. He has been very helpful in reducing the number of outstanding judicial appeals by agreeing to meet with property owners and to enter into productive meetings to settle cases under current judicial appeal. Mr. George also recognizes the value and necessity of continuing training for his assessors, and has requested funds for this purpose. We applaud the granting of $50,000 for training for the OTR's assessors. However, we believe this is only a beginning. Since the property tax assessors' function accounts for over $ Billion in real estate tax revenues, we believe a $50,000 training budget is woefully deficient. We ask the Council to consider increasing the amount allocated for training OTR assessors. Overpayment Interest Rate: The Mayor's proposed FY 01 Budget calls for a reduction for the interest paid on tax refunds (Overpayments) from 6% to approximately 1.75%. It is predicted by the CFO that this reduced interest rate will result in approximately $1.8 million in savings annually. I believe that this attempt to generate minimal revenue savings is ill conceived for a number of reasons. Moreover, the wording of the law makes it unclear whether ALL interest paid on overpayments after January 1, 01 will be paid at the reduced rate, which applies the new rate retroactively and is clearly unfair, or whether the new rate only applies prospectively to amounts owed after January 1, 0l. First, this new rate is unreasonable, unfair, and discriminatory to lower the interest rate for overpayments to a mere 1.75% (compounded yearly), while continuing to

265 use a 10% percent interest rate for underpayments (compounded daily). This proposal is clearly intended to penalize innocent taxpayers who have accidently overpaid their taxes, or have been forced to overpay their taxes due to over assessed real estate. Leaving the underpayment rate at 10% also is clearly an overtly punitive action by the Mayor in these difficult economic times. If the Committee believes that the rate for overpayments is too high, then it must also realize that the rate for underpayments is also too high. Based on the proposed rate of 1.75% for overpayments, it is fair and equitable, and makes logical economic sense to also lower the rate for underpayments to 1.75%. However, I believe that the interest rates should remain at current levels. If only one rate is to be changed, it should be to lower the rate for underpayments, as this rate is usurious. Moreover, there is more practical reason to leave the rate for overpayments at 6%. There are hundreds of real property tax appeal cases currently on the judicial appeal docket. The main reason there are so many of these cases being appealed judicially, is because the Office of Tax and Revenue ("OTR") has been over assessing property values for many years. This practice of over assessing property values results in "forced" loans to the District's tax coffers in the form of significant real property tax overpayments. In the vast majority of these cases, the District eventually is required to make restitution to these innocent property owners in the form of tax refunds. However, it often takes three or more years before such taxpayers are finally reimbursed by the District. It seems only fair that the District should be required to pay a significant rate of interest to these innocent property owners who have been forced, against their will, to make these "loans" to the District. It is no coincidence that the CFO mischaracterizes these forced loans as "revenues" in each year's FY budget. These "forced loans" not only create a false revenue stream in the budget each year, but the interest paid on these loans amounts to an unnecessary expense to the districts residents. The OTR and the District Counsel's office have been resorting to extreme delaying tactics in order to avoid paying back these refunds to the aggrieved property owners. Typically, when a settlement offer has been reached regarding a disputed property assessment, a Stipulation is signed by the property owner's representative and the district Counsel setting forth the new property values agreed upon by the parties. This Stipulation, and Order to be signed by the judge in the case are then filed with the court. Once the Order has

266 been signed, it is sent to the OTR so that a refund check can be cut and sent to the Petitioner. However, this process is not working properly. District Counsel has been delaying the signing and filing ofthe Stipulations and Orders. In ALL of my cases where settlements have been reached going back to August of 0 11, the District Counsel has not yet signed and filed the Stipulation and Order to start the refund process. When asked why these documents have not been signed and filed, District Counsel has informed me that they have "priorities" and these agreements are not "priorities." Many of my colleagues have experienced similar results. It is clear that the CFO and OTR are aware ofthe major deleterious effect these refunds will have on the budget. As an example, last August approximately 65 Orders for real estate tax refunds were sent to the OTR from the Superior Court. It should be noted that these Orders were a small fraction of the total cases that are waiting for refunds, and no Orders for real estate tax refunds have been issued since last August. In December 011, shortly after the tax refund checks associated with these 65 Orders started going out to the property owners, the mayor signed an order freezing new hiring and all hiring for vacant positions, except those funded 100 percent by federal grants. The order also froze most travel and outside training. Mayor Gray cited financial challenges and agency spending pressures as justification for the spending slow down. Most likely a substantial portion ofthese "financial challenges" related to the payment of refunds to these property owners. Allowing the Mayor to lower the interest rate for overpayments to 1.75% will only encourage the OTR to continue its practice of over assessing property to create forced loans, which will become virtually interest free and continue to provide misleading financial information that distorts each FY budget. Lowering this rate will also result in more of a disincentive to settle and repay overpayments, since the Mayor will have the benefit of virtually interest free loans. It is not fiscally responsible to reward this aberrant behavior by lowering the interest rate for overpayments. Such action will only serve to encourage such fiscal irresponsibility. The newly enacted Utility Tax Exemption must be funded to avoid the unintended taxation of previously-exempt utility usage for restaurants and hotel restaurants

267 4 The "Processing Sales Tax Clarification Act of010" ("Act") became law (DC Law - L 18-04) on March 1,011, with an effective date of January 1,010. As its name suggests, the stated purpose of this new law was to clarify existing law. It amended and replaced DC Code (11A), which was added to the DC Code, effective as of January 1,009, in order to clarify the fact that utility power used for refrigeration in restaurants and hotel restaurant facilities is exempt from DC utility sales tax. The 010 Act was necessary to correct certain flaws in the previous (i.e., 009) version of section (11A). Both the 009 and the 010 Clarification Amendments were intended to amend and clarify the original law, DC Code section (11), and not replace or supersede this original law. Section (11) provides that gross receipts from sales of natural or artificial gas, oil, electricity, solid fuel, or steam, directly used in manufacturing, assembling, processing, or refining are exempt from sales and use tax. This law has never been replaced or superseded, and thus, arguably, still allows the utility exemption to apply to electricity utility usage, contrary to OTR's assertions to the contrary. We strongly supported your overall efforts to fix the prior legislation, which was flawed initially because it failed to include refrigeration and then again when electricity was omitted from qualifying utilities in the corrective legislation. However, before this new, corrective law could take effect, the Council, based on the advice of the CFO, passed Emergency and Temporary Legislation to amend section of the new law to read as follows: "This act shall apply as of January 1, 010; provided, that its fiscal effect is included in an approved budget and financial plan. This Emergency and Temporary Legislation is currently in effect and blocks the implementation of the corrective statute unless its fiscal effect is included in an approved budget and financial plan by the City Council. In his Fiscal Impact Statement provided to the Council, the CFO claimed that the new amendment expands the exemption to include electricity, oil, solid fuel, and steam. The Statement's estimated shortfall is based on the projected loss of tax funds from exempt electricity usage. The Statement claimed that only 5% of all restaurants in the District are now receiving an exemption and that if the Act were passed 75% ofthe remaining tax base would receive the exemption. These claims and assertions are just not true. Since electricity has always been an exempt utility under the old law, and also under the new 010 law, the OTR's arguments

268 5 make no logical sense and are clearly intended to take advantage of the errors made in the flawed 009 Amendment. In fact the OTR, following the CFO's use of his fiscal impact statement as a bludgeon to convince the City Council to block the new corrective law, has embarked on an onerous campaign to eliminate all sales tax utility exemptions for restaurants and hotel restaurants based on the clearly erroneous 009 amendment that the Council has attempted to fix. The OTR has been taking the position in recent utility sales tax audits that electricity is not now, and never has been, an exempt utility. This position is based on the error in the 009 Amendment. OTR personnel have openly admitted that even though the 009 law was a mistake, they are more than willing to take full advantage of this mistake since they claim it is current law, and since they have been successful in blocking the new corrective law, which was intended to correct this mistake. Coming off the worst year operationally in the hospitality industry, many hotels will not be able to afford the significant cost of paying utility sales tax on previously exempt restaurant and food preparation facilities. This is punitive to a select group of the District's restaurant industry and counterproductive in supporting such large local employers and taxpayers. We urge the Council to either earmark funding for this new law or allow the new law to become effective without additional funding. It is recommended that the CFO change his accounting practices to more accurately reflect the fact that real estate tax overpayments based on over assessed real estate are not revenues that belong to the District, and that such revenues should not be included as part of any fiscal year budget. As noted above, each tax year the OTR over assesses millions of dollars' worth of residential and commercial property, which results in massive real estate tax overpayments. These overpayments are not actual revenue to the District, they must eventually be paid back to the taxpayers, and they are always included in the CFO's revenue estimates when each FY budget is prepared. These overpayments are not only more accurately characterized as forced loans to the District, but it is fiscally irresponsible and inaccurate to include them as revenues that can be used to pay salaries and other items in the FY budget. Loans must be paid back, are not properly accounted for as revenues, and should not be treated as such by the CFO.

269 6 I believe there is a simple solution to this recurring problem. I propose that the CFO's accounting practices be slightly altered to more accurately reflect the status of these real estate tax overpayments resulting from over assessments. The process of accounting for overpayments as revenues begins when a taxpayer files a judicial appeal of a perceived over assessment. In order to meet the requirements for filing a petition in Superior Court in order to contest a property assessment, a taxpayer must first pay the real estate tax that is based on the alleged over assessment that the taxpayer is contesting. These contested ( overpayment) amounts are treated as revenue by the CFO. Moreover, during the litigation process, the District takes the position that it is protecting the revenue by contesting the taxpayer's assertion of a reduced assessed value. Thus, the District's focus is based on how much money it will "lose" if the assessment is lowered, rather than on correctly valuing the property. A more proper, and suggested, way to account for the taxes generated by a judicially contested assessment is to divide the tax payment amount received by the District into two separate accounts. The first account will consist of those tax dollars that are attributable to the uncontested portion of the assessment. These tax dollars are properly accounted for as revenue to the District since they are not subject to refund. The second account will contain those paid tax dollars that are attributable to the contested portion of the assessment being litigated. Since these amounts are paid under protest, and may eventually be returned to the taxpayer as an overpayment, they should not be accounted for as revenues available for use by the District until the litigation has been concluded. They are more accurately classified as a liability that may be changed to revenue at some future date. Here is an example of how this would work: A property is assessed at $1,000,000, but the owner asserts that the true market value of the property is $800,000. The owner then pays the tax based on the assessed value ofthe property ($1,000,000) and files a suit in Superior Court for a refund based on the owner's claim that the property should be assessed at $800,000. The District would then place the amount of the tax attributable to the uncontested portion of the assessment (i.e., $800,000) in its revenue account. The amount of the collected tax that is attributed to the contested portion of the assessment ($00,000) would be placed in a separate (non-revenue) account. Ifthe case is eventually settled for an assessed value of $900,000, for example, the collected tax attributed to the $100,000 deduction would be paid to the owner as a tax refund. The portion of the tax attributable to the difference between the settled

270 7 amount ($900,000) and the contested amount ($800,000), which in this case would be $100,000, would then be transferred to the District's revenue account to spend as it sees fit. If this change in the District's accounting system is adopted, it would result in the following financial benefits: Eliminate a source of spending dollars that are not actually revenues, No longer creating budget deficits when tax refunds are paid Proposing more accurate and realistic FY budget proposals Creating an additional source of revenue Allowing assessors to concentrate on arriving at more accurate assessments rather than concentrating on preserving the revenue

271 I testify in front of you today proud to live in Washington DC. I'm grateful to be part of such a city, known throughout the United States as the nation's capital, and to the world as a central landscape of politics and power. Members of the Council, I ask that you interpret the extension of hours for these alcohol serving establishments not as something that will disturb the peace, but rather bring prosperity for the city. We can agree that there are people in the neighborhoods of our great city that represent an older generation. Families or senior citizens that enjoy the home life and as much peace and quiet as any major city should afford them. But I too represent a larger sector of SOCiety entering Washington, DC. I am a young working professional that lives in this city and I am hungry for a thriving social scene. Other working professionals like myself come here for a great career. We come from all parts of the country to contribute our skills, spend in the city economy, and live in the very same neighborhoods. Washington DC is the nation's capital, and no matter where you are in the world it will always be that way. Allowing our alcohol serving establishments to stay open an hour later will turn this city into a bustling metropolis. If we can display splendor through our towering monuments and political powerhouse restaurants, shouldn't our nightlife be given a chance to evoke the same sentiment? Shouldn't we be a hotspot for fun like New York City, Atlanta, Miami and Los Angeles? The White House Correspondents Association Dinner was held just this past week, and it's interesting to wonder what the visiting celebrities and guests thought of our city. I'm sure some of them weren't too ecstatic to explore our avenues knowing the party stopped at am. I'm not a celebrity, but I feel the exact same way. Many of you have represented your wards for a long time and have seen your neighborhoods grow. Having lived in the district for 7 years now I've seen it as well. rve witnessed neighborhoods slich IS U Street, Chinatown, and Rhode Island Avenue transform from dilapidated corners to brand new condominiums and commercial retail space. Young professionals are moving into these areas and are excited to socialize and build their lives. Members of the council, 50 years from now you will always be remembered for your decisions ataffecting this city's history and its development. Right now this extended hour of serving may raise concerns for the safety of this city, but please allow yourself to think of the future. When you and I are long gone what ~i11 Washington look like? How will your decision affect the way our. City tra~s~~rms? Imagine If Washington DC triumphed as a true statement of the nation's capital,.exhlbltm.g new age architecture, diverse cultural attractions, and above all a vibrant entertamln~ SOCial scene. Washington, DC cannot live in the now. We must look to the future ~nd reco~mze that for those living outside this city and especially within it, that DC is more tha~ JUst a se~les ~f neighborhood wards. We are a worldwide destination, and we deserve to live with a mghtllfe that will give us a satisfying pride.

272 TESTIMONY OF ANWAR SALEEM BEFORE THE CITY COUNCIL OF THE DISTRICT OF COLUMBIA COMMITTEE OF THE WHOLE PUBLIC ROUNDTABLE: Public Hearing on the: FY1 Budget Request Act of 01; FY1 Budget Support Act of 01 KWAME BROWN, CHAIRMAN 150 Pennsylvania Avenue, NW; Washington, DC ROOM 500 Monday, April 0, 01-1:00 PM Good afternoon Chairman Brown and members of the Council. My name is Anwar Saleem, the Executive Director of H Street Main Street, Inc, a 501 C () nonprofit organization and a resident of the District of Columbia who is focused on the revitalization efforts of the H Street NE Neighborhood Commercial Corridor. As a nonprofit, our role is to lessen the burden of the District Government through developing working relationships and partnerships, providing technical assistance to merchants, promoting the corridor, attracting new businesses, providing business retention services, advocating on behalf of the merchants and creating value to the H Street NE Commercial Corridor that ultimately benefit the city as a whole. Through the support of this council and the executive we have been able to make many successful strides. In 011 we have attracted 8 new businesses to the H Street Corridor and created 19 new jobs. In the years before, we have attracted 4, 8 and 7 new businesses respectfully and over 1,100 jobs.

273 This is unheard of across the country for a neighborhood commercial district in this recession. We have held or partnered with other organizations to provide technical assistance and various workshops along the corridor. The H Street Festival was culturally diverse and attracted nearly 50,000 attendees. Our fac;:ade improvement effort has been a great benefit to the businesses, the city and has improved the visual appearance along the corridor. As an example, I would like to complement DMPED/DSLBD and Louis Dreyfus Property Group on the partnership that we created in the fac;:ade improvements, at 401 H Street, NE. Since opening up a covered brick wall, adding new windows, lighting and paint Ethiopic Restaurant fac;:ade now compliments the great taste of its cuisine. Their customer base has more than doubled. In short, we need to develop those types of efforts and partnerships to help transform our older buildings into jewels of enjoyment. Using some of these funds to remove the old security gates and exposing the hidden beauty of these facades along the H Street/Benning Road Streetcar route would be a huge step forward in advocating for a visually pleasing ride. We advocated in support of funding the Streetscape No-Interest Loan Program that is administered by DSLBD, who found nearly an addition million dollars to support the program. We are in continued support of launching the H Street Retail Incentive Grant Program. The first round of awardees has been announced with the second round of awardees to be announced shortly. We congratulate DMPED and their efforts in getting those monies onto the streets. As the availability of our building stock reduces, we believe the use of the funds should be broader to help strengthen the current businesses and to attract a wider level of new businesses. The H Street Clean Team has collected football fields of debris along the corridor. Their work has made a visual and psychological difference in the way people look, feel and walk about the H Street Corridor. Our team covers 40 linear blocks, collecting over 7,000 bags of trash and removing stacks of poster, flyers and layers of graffiti. H Street Main Street has one staff member who is passionate and has contributed greatly the city along with its volunteers. We raised nearly $86,000 in contributions in 011. All of our funds go back into the corridor. However, we can do more to help the city if we had the funding to hire more

274 help. The work of H Street Main Street should be considered as an investment in the District's future and used as an example for the city to rebuild its neighborhood commercial districts and further strengthen it revenue sources. We are the example for the potential growth of other neighborhood commercial districts in the city. Other cities and countrymen throughout the world study our successes and solicit our efforts and work as best practices. We have made enormous gains and hope the city understands the impact that we have had on the growth of our Nation's Capital. We are asking the city to fund H Street Main Street at the level of our success and continue a partnership that will help transform our Neighborhood Commercial Corridor into a Great Street. However, we still have a long way to go and many more gains to be made. This is the wrong time to say that H Street needs fewer resources because of the gains we have made. The gains you see today are the incremental processes that are needed to grow a neighborhood into greatness. I was always told that when you do good work, rewards should come your way. We wish to continue at a stronger level. We still have a long way to go in creating a balanced neighborhood commercial corridor. We need your support and resources at the level that we are producing. Thank you for allowing me to testify.

275 The impossible Dream (of Affordable Housing) To dream the impossible dream To pay unaffordable rent To try to buy food, meds and clothing When your hope and your money are spent To work for a wage that just pays For a place that is way under par To say" 'Cause I just fed my family, We've no home; so, we'll live in the car" This is our quest Get them out of that car With the prices of petrol It doesn't go far They just lost their home Now they might lose their kid Tell me is it a crime to be poor, For that's all that they did????? And I know If we'll only be true to this glorious quest Then each family will live in a home and in bed they will rest And DC will be worse off for this Ifthese budget cuts stay as they are For they'll force yet a thousand more families To sleep in the back of their car. Spoken by all: IF THEY HAVE ONE!!!II (The end)

276 Testimony Tom Howarth, Director The Father McKenna Center 19 Eye Street NW Washington, DC 0001 What the City Budget Cuts Mean to Homeless Men Mayor Gray has sent to the City Council his budget proposal for Fiscal Year 01 that will begin on October 1, 01. The budget includes what is essentially a $7 million cut in Homeless Services. The Department of Human Services that administers homeless services in DC said the cut was caused by the fact that the city will probably not have access to $7 million in federal Temporary Assistance to Needy Families (TANF) funds that they had last year. The Mayor indicated that ifthere is money available later in the fiscal year restoring this cut is his first priority. Tbat sounds good but what will be the impact of the $7 million cut if the funding is not restored? The impact ofthese cuts will come in October 01 and in April- November 01. The reductions are in non-hypothermia months (April November) and then services would be provided only when there is an alert of freezing temperatures. There is great concern for the impact of these cuts on the growing segment of the homeless population i.e. homeless families. It appears that the city has assessed the needs of this growing population basing its estimates on current capacity instead of growing need. The McKenna Center is concerned about homeless families and has assisted families. In one case Saint Aloysius Church paid for a two-night stay in a hotel for a mother, father and two children the oldest of whom was. They could not be served by the city basically because it was not cold enough for the law to mandate that they be served. According to the parents, they spent one night on the street. The vast majority of the homeless people that the McKenna Center serves are homeless men. This is a list of the proposed cuts and the potential impact on the homeless men we serve: $S million of the $7 million will result from cutting the operation oflow barrier shelters in non-hypothermia conditions as well as reductions in temporary and transitional shelters; $160,000 will come from outreach to the homeless in non-hypothermia conditions;

277 $677,000 will come from eliminating transportation in non-hypothermia conditions; and $1. million will come from reductions in food, day programs, medical and job training services. Budget numbers tend to be vague and the devil is always in the details. These cuts however raise some important questions. They are: For men who come to the Father McKenna Center for our 8 AM - 1 PM day program how will they get here if there is no transportation? The three shelters where most but not all of our guests sleep are Adams Place, New York Avenue and 801 East at Saint Elizabeth's. All ofthese shelters are substantial distances from the McKenna Center, which is north of Union Station and require that a man be in good health ifhe is to walk. The McKenna Center does not operate our seasonal shelter from April 1 - November I. Our seasonal program begins on November I and ends on April!. If there are reductions in available beds in low-barrier shelters where will those men sleep? What will be the impact of these reductions on the McKenna Center and other service providers? Will homeless men come to us for our limited transportation assistance just to get back and forth to shelters? Who will be asked to fill the service gap left by cuts in food, medical and job training services? Beyond these questions are concerns about families. If a shelter no longer provides food in a family shelter where will the family go and how will they get there? The ultimate decision on whether or not the Mayor's budget is approved or changed is in the hands of the Council. The Council does have other options than those cited above. About $ million could be generated by fixing a technical matter in how people over $50,000 a year pay the tax increase adopted last year. If a husband and wife each make $50,000 and file their taxes separately they see no increase in taxes. Only a person making $50,000 or more as an individual pays the tax. It appears clear that the way the tax is administered is out of line with the intent of the Council when the tax was approved last year. It is a technical change but it could mean the difference between walking from 801 East to the McKenna Center and riding a bus.

278 Testimony, Mayor's 01 BudgefHearing, April 0, 01 G. Lee Aikin, DC Statehood Green Party Thank you for hearing our concerns. Our current very painful budget recommends cutting money to programs for the least successful and most helpless people in our city, while also trying to scrape up money from many different sources. One budget measure cancels any increase in Deductions and Exemptions on the D-40, or for the Homestead Exemption. Small increases in these amounts were made in recent years, after long neglect starting in But we are still far behind where we began in the early 1970s when Home Ru1e started and our D&Es were comparable to Federal rates. Only "coupling" with the Federal rates will correct this oversight allowed to persist by many of our elected officials for over 0 years. This oversight has most unfairly impacted our lowest income tax payers. What is the point of budget autonomy if we haven't even held onto the benefits we once had. Meanwhile, our local government was used as an employment service to create jobs for many people in the city. Unfortunately, more and more of our employees are now from outside the city. While full employment is a worthy goal, creating vast bureaucracies and regu1ations to provide those jobs with rather high salaries, is counter-productive. This was shown when we needed to furlough many city employees for 4 days without pay to meet the budget. Now there is talk of repaying those 4 days to all, even the highest paid. Shou1d we consider cutting the top salaries by I or %, and the slightly lower ones by liz to 1 %? In the 190s my mother, a teacher, took a 10% cut for years. The Fiscal Policy Institute points out that current proposed budget cuts are at least $50 million, and that another $40 million was already cut from low income programs since 008. For a family of 4 in the bottom 100,000 residents, this amounts to over $11,000 in cuts. Perhaps we should increase taxes lor, % on our wealthiest residents, and liz to 1% for those earning above $100,000. To save money, and refund worthy service programs, we cou1d also consider encouraging our city employees to take more time off, especially during slack periods in the annual work flow. If, for example, a month or more off was planned 6 months to a year in advance, then the annual salary cou1d be adjusted to pay the employee a little less every month to cover the extra time off. In some places teachers can be paid for 10 months work during 10 month, or for 1 months with a lower monthly check. Extra time off cou1d be spent with family, house fixing, gardening, travel, study, etc. When I was employed, I would have accepted less money with more time to do the many things I wanted to do. I was glad to see a lower $1.65 Class property tax rate for businesses under $ million. This is still far more than Arlington, Alexandria and PG County which charge around $1.00 per $100 assessed value. We need to revisit that tax rate if we want Anacostia and Georgia Avenue to compete successfully. I also noted more employees will be hired to police the Vacant Property program. The last time there was a major push on vacant property it seemed that all they did was drive around and list any property that looked like it was being renovated. One couple had lived in their row house through the entire renovation, but it took years, and many wasted city man hours, to get themselves out of this mess. Although the city wrote their mortgage bank approving the Class I rate, the Tax Sale list was not fixed. I went to the Tax Sale to see if a property with a recent Appeal approval had been removed. I was told DCRA worked all night sending down 500 names for removal. Checking the status, the appealed property had been removed, but the other property was still on,the list. Does no one on the Council or in the Mayor's office know the meaning of costlbenefit analysis? I hope that some of you do, and hope that you will urge that it be done for a number of nuisance fees, programs, and tax rates, I could provide some items for your consideration. Thank you.

279 TESTIMONY IN SUPPORT OF EXTENDED HOURS FOR ABC-LICENSED ESTABLISHMENTS Skip Coburn Executive Director DC Nightlife Association (70) April An additional hour of alcohol sales will result several benefits: o a boost to the city's economy, o more options for tourists, o an enhanced competitive edge for DC's convention bids, o improvements to quality of life in the city, including less noise, less traffic congestion, and fewer incidents, o increased income taxes and sales taxes, o higher property values and property taxes, o improved fiscal stability for ABC-licensed establishments, o increased revenues for businesses which sell goods and services to these establishments, o benefits to the transportation industry, parking companies, hotels, restaurants, theaters, and Business Improvement Districts, o an increased number of jobs, and o benefits to the nightlife environment - for which many new residents have moved into the city.

280 We estimate that this change will result in more than the.1 million dollar increase in taxes currently projected. On weeknights, since many people do not go out until around II :0, and since "last call" is at I :0, this only leaves about two hours for them to be at an establishment. F or many patrons, this is just not worth the effort. So, for many businesses, it is not fmancially feasible to open on Monday, Tuesday, or Wednesday nights for just two hours. The overhead expenses and labor costs are just too high. With an extra hour possible on weeknights, some businesses may open on these nights, resulting in an additional threeand-a- half hours of increased income and increased taxes on each of these weekday nights, not just one hour. This initiative will create jobs. In order to manage overtime wages for an additional hour on nights when they are currently open, some business will hire additional employees. And, some owners will also have to hire additional employees in order to open on additional nights during the week. The purchases which these employees make and the taxes they pay will also contribute to our overall economy. In addition, nightlife patrons do not simply pay an admission fee, buy drinks, and buy food. They also purchase clothes at retail stores, eat at restaurants, go to theaters, stay in hotels, pay for transportation, and make other purchases. In addition to this spending by patrons; bars, taverns, clubs, and restaurants themselves spend money on construction, lighting, sound systems, and capital improvements. All of this economic activity will continue to increase property values, revitalize business districts, enhance tourism, support local businesses, and add to the District's reputation as a nightlife destination. A vibrant nightlife economy is vital to the city's health and economic development. As an example, in 00, the Responsible Hospitality Institute (RHI) conducted a study of the value of nightlife to the city of New York. It was concluded that the nightlife industry there resulted in 9.7 billion dollars in annual economic activity. In DC, this impact is not as great, but it is clear that nightlife in a city like ours is an economic engine which cannot be ignored. The nightlife economy needs to be

281 fostered and encouraged instead of limited and strangled, as it is under our existing laws, regulations, administrative policies, and procedures. The District of Columbia needs a nightlife economy better attuned to current social behavior. As already noted, most people do not go out until around 11 :0. With "last call" as it is, many people are just not ready to "call it a night" this early. Consequently, when a lot of patrons are forced to STOP having a good time at the "closing time" imposed by the current law and are forced out on the street, they are frustrated and often tend to just hang around on the sidewalk, socializing and making noise. Washington DC's diverse lifestyle and economy, coupled with the conventioneers, tourists, and visitors, many of whom are from other countries, accustomed to modem liquor laws, are creating a demand for nightlife opportunities which extend beyond our existing, limited entertainment parameters. If patrons are allowed to enjoy themselves until they are ready to go, they will trickle out of establishments at their own pace. This will reduce the number of people drinking rapidly to beat "last call." And, as has been proven here in DC and in other cities, allowing patrons to filter out of establishments over a period oftime results in fewer people on the sidewalk at the same time, less noise, less competition for taxicabs, less competition for retrieval of cars from valet companies, and less traffic congestion. This is not conjecture. The Responsible Hospitality Institute (RHI) has reported these facts. The nightlife industry here in DC has a documented track record in this regard. Both MPD and ABRA have verified that an extra hour of alcohol sales here has had no negative impact. Over the past several years, the Council has allowed ABC-licensed establishments to sell alcohol for an extra hour on multiple holidays during the year, including: New Year's Day, Martin Luther King Day, Washington's Birthday, DC Emancipation Day, Memorial Day, Independence Day, Labor Day, Columbus Day, Veteran's Day, Thanksgiving, and Christmas. On these dates, nothing unusual occurred.

282 In addition, the Council has also allowed extra hours of alcohol sales for special events like the World Cup and Inaugural Celebrations. Again, MPD and ABRA have reported that there was no increase in crimes, incidents, or complaints on these occasions. MPD has stated that police officers will be better able to manage their workload if calls for service for crowd control and traffic management do not come in all at the same time. In addition to increased taxes paid to the city, this change will also help more ABC-establishments stay in business. It's ajungle out there. Some businesses are just barely getting by. In recent years, the price per square foot for commercial space has gone up considerably, insurance rates have increased, and other labor and supply costs have gone up as well. An additional hour of alcohol sales will enable ABC-licensed businesses to better cope with these economic pressures. With "last call" currently being at 1 :0 or :0 every morning, nightlife establishments only have two or three hours to generate income. On the other hand, other retail businesses are able to be open for an unlimited number of hours each day to earn money. A more-even playing field would only seem fair. An extra hour of alcohol sales will not automatically result in overintoxication. Most people drink responsibly. After about three hours, most patrons are ready to call it a night. It is speculative to assume that people who drink responsibly now will drink irresponsibly ifbars are allowed to stay open for an additional hour. Studies have shown that most people go out to have two or three drinks. Also, the average person consumes about one drink per hour and metabolizes about one ounce of alcohol per hour, so over-intoxication is not a given. In addition, all servers are required to receive "Techniques of Alcohol Management (TAM)" or similar training which teaches them how to serve alcohol responsibly and how to prevent anyone from consuming too much.

283 We are au concerned about the dangers of drunk driving. But, as opposed to the speculation by some that an extra hour of operations will automatically result in drunk driving, there are other possible outcomes. These days, many people tend to patronize their local, neighborhood establishments. They walk. Patrons who rely on METRO can easily tailor their evening's socializing to finish before the METRO closes. And, there are always taxicabs. In addition, there are designated drivers. Fortunately, MPD and other police agencies have aggressive enforcement actions to discourage drunk driving and to apprehend those who violate the law. The result of this change may instead be an increased occupancy rate at DC's hotels, more taxicab fares, and more parking fees for vehicles left overnight. Neither MPD nor ABRA have noted any increase in drunk driving on the already-existing dates for which the Council has allowed an extra hour of alcohol sales. Lastly, a later closing time in DC would not be unprecedented. By way of benchmarking with other jurisdictions, there are many cities which have a greater appreciation for the fact that the law against prohibition was repealed many years ago. In the following jurisdictions alcohol sales are permitted until 4 a.m. or later: Alabama, Alaska, Albany, NY; Atlanta, GA; Atlantic City; Buffalo, NY; Chicago, IL; Las Vegas, NY; Louisville, KY; Miami, FL; New York State; New York City, New Orleans; and Peoria, IL. In any event, we are the nation's capital. We are a world-class city. We should be leading the way. Based on au of the above analysis and justification, we are hopeful that the DC City Council will vote in favor of allowing ABC-licensed establishments to sell alcohol for one additional hour.

284 Background Information - Here is a more-complete list of hours for alcohol sales permitted in other jurisdictions: Alabama Alaska Albany, NY- Atlanta, GA - Buffalo, NY - California - Chicago, IL - Atlantic City Florida- Georgia- Hawaii Idaho Illinois - Indiana Kentucky- Las Vegas, NV - Louisiana Louisville, KY - Miami, FL- Michigan Minnesota Mississippi - Missouri - Nebraska New Jersey New York Nevada- 4 hours per day unless restricted by local ordinance (urblo) until 5 a.m. unless restricted by local ordinance (urblo) 4am 4am 4 hours 4 a.m. a.m. 5 a.m. 1 a.m. state-wide, but can be extended without limits by local ordinances local authorities have unlimited authority to extend or limit service hours counties have complete unlimited control a.m. complete local control of service hours. Chicago has a late hour License program which requires additional fees. a.m. midnight but local jurisdiction can extend it 4 hours; no state level regulation. Local control 4 am; 4 hours; a.m. a.m. midnight, but local municipalities can petition for extended hours 1 :0 a.m., but large cities can designate areas for extended hours 1 a.m., but jurisdictions have local control to extend to a.m. up to local regulation state-wide closing at 4 a.m. local control

285 New Orleans - NYC,NY- Peoria, IL- 4 hours; 4 a.m. 4 a.m. Ohio- Oregon - South Carolina - Tennessee - Texas - :0 a.m. :0 a.m. no restriction on beer or wine hours. no distilled spirits after a.m. 1 a.m. or a.m. depending on the establishment's license state-wide closing at 1 a.m., but late night licenses in Metropolitan areas can be a.m. Washington DC - a.m. on Saturday and Sunday mornings, a.m. on Monday through Friday mornings

286 DeNA District of Columbia Nurses Association DC COUNCIL COMMITTEE OF THE WHOLE Public Hearing FISCAL YEAR 01 BUDGET REQUEST ACT OF 01 AND FISCAL YEAR 01 BUDGET SUPPORT ACT OF 01 DISTRICT OF COLUMBIA NURSES ASSOCIATION TESTIMONY, APRIL 0, 01 The District of Columbia Nurses Association (DCNA), an affiliate of National Nurses United, AFL-CIO, is a full-service professional organization and labor union solely dedicated to representing health care professionals in the District of Columbia. With over,100 members, DCNA advances the health care profession by fostering high standards of practice, promoting the economic and general welfare of employees in the workplace and lobbying District officials regarding health care issues. DCNA represents approximately 175 registered nurses employed by the Department of Mental Health (DMH) and approximately 75 registered nurses employed 5100 Wisconsin Avenue, N.W., Suite 06, Washington, D.C (0) Outside Metro Area (800)

287 by other agencies in the Government of the District of Columbia. 1 Thank you for the opportunity to testify here today in support of various provisions in the Fiscal Year 01 Budget Request Acts of 01 before you today. The DC Council abrogated collective bargaining rights, albeit temporarily, concerning wages for FY1 0 and FY11, step increases and furloughs in FY11. These legislative acts occurred at the same time that DCNA and numerous other labor organizations were in the process of negotiating compensation agreements with various agencies of the Government of the District of Columbia. The DC Council made public furlough legislation less than twenty-four hours prior to its passage. This decision quelled any opportunity to discuss, let alone analyze, the sole purpose of the legislation - cost savings. DCNA did not support the legislation for several reasons: 1. the furloughing of registered nurses who provide direct patient care on a 4/7 basis would not realize any cost savings; and. furloughs were not conducive to serving the health care needs of patients and DC residents. DCNA's arguments were ignored by all in power. DeNA's subsequent attempt to seek the cost savings as a result of the furlough of RNs employed by the Government of the District of Columbia (including most significant. the Department of Mental Health) went unanswered. DCNA has strong suspicions that, because RNs were still required to staff numerous units, wards and other patient care areas despite a furlough, no cost savings were realized as a result of furloughing registered nurses. Moreover, the D.C. Council The Agencies include the Department of Health, Health Care Finance Agency, Child & Family Services Agency, Office of the Chief Medical Examiner and the Department of Youth Rehabilitative Services. DCNA remains in the process of negotiating two compensation agreements covering ali bargaining unit registered nurses in the Government of the District of Columbia. The agreements, as proposed by DCNA, will have a duration that expires at the end of Fiscal Year 014.

288 passed the legislation based on a false premise: existence of a fiscal emergency relating to a purported vast deficit for FY011. As we all know now, the deficit did not exist, and thus, the legislation was not required. The DC Council should correct the damage inflicted upon registered nurses resulting from the ill planned, supported and conceived furlough legislation. The DC Council should provide payment to registered nurses for the four days of furloughs suffered in FY011. DCNA also supports the increase of the District's contribution of the cost of health care premiums to 75%. The District recently unilaterally decreased the premium from 75% to 7%. Of course, this was another decision that should have been included in negotiations on a successor compensation collective bargaining agreemenl. DCNA also supports the inclusion of funds to support negotiated collective bargaining agreements. Respectfully submitted, DCNA is troubled by the recent spate of legislation designed to abrogate collective bargaining rights in disguises as fiscal emergencies. It should not be the legislative body's role to intrude upon the collective bargaining process until the agreement or arbitral order is before the DC Council as a bill.

289 rf1i AOBA Apartment and Office Building Association of Metropolitan Washington TESTIMONY BEFORE THE COMMITTEE OF THE WHOLE COUNCIL OF THE DISTRICT OF COLUMBIA ON BILL 19-74, THE "FISCAL YEAR 01 BUDGET SUPPORT ACT OF 01" APRIL 0, 01 PRESENTED BY: CAROLINE KRUGER REGIONAL PROPERTY MANAGER BOSTON PROPERTIES AND NICOLA Y. WHITEMAN, ESQ. VICE PRESIDENT OF GOVERNMENT AFFAIRS, DC APARTMENT AND OFFICE BUILDING ASSOCIATION OF METROPOLITAN WASHINGTON th Street, NW I Washington, DC 006 P: I F:

290 Good afternoon Chairperson Brown, Council members, and staff, my name is Caroline Kruger and I am the Regional Property Manager - Property Management for Boston Properties which manages more than,500,000 square feet of office space in the District. With me today is Nicola Whiteman, the Vice President of Government Affairs, DC for the Apartment and Office Building Association of Metropolitan Washington (AOBA). AOBA is a non-profit trade association representing more than 46,000 apartment units and 68 million square feet of office space in the District of Columbia. We are pleased to testify today regarding Bill 19-74, the "Fiscal Year 01 Budget Support Act of01." I. FISCAL YEAR 01 BUDGET SUPPORT ACT OF 01 (BSA) A. Title VII. Subtitle E. Overpayment Interest Rate AOBA strongly opposes the proposed change to the overpayment rate of interest and urges the Council to delete this subtitle from the BSA. Subtitle E unfairly proposes to reduce the interest paid on tax refunds from 6% to approximately 1.75%.' The proposed change would effectively give the District an interest-free loan at the expense of taxpayers. Interestingly, the District does not extend the same courtesy to taxpayers in the case of an underpayment. Rather, in cases involving the underpayment of a tax, the District is authorized to impose an interest rate of 10% per year, compounded daily. Notably absent from the BSA is comparable language to lower underpayment interest rate. How is this fair? There is no justification for SUbjecting the District's taxpayers to such inequitable treatment. Notably, this is not the practice in Virginia I The OCFO's fiscal impact statement assumes a 1.75% rate would be implemented if the proposal is adopted. DC Official Code 4740 I (d)("the underpayment rate shall be as follows: () 10% per year, compounded daily, beginning January 1,00.")

291 where the same interest rate is applicable to both underpayments and overpayments. We urge the Council to reject this unfair budget proposal. B. Title VII. Subtitle J. Commercial Property Tax Rate Amendment AOBA supports the Mayor's proposal to offer meaningful tax relief to small businesses through a further reduction of the Class rate. Specifically, the BSA provides that beginning October I, 01, the first $ million of assessed value for Class properties will be assessed at $1.551$100 assessed value. Current law applies a rate of $1.65 to the first $ million of assessed value. The proposed change is contingent upon the Chief Financial Officer certifying that funds are sufficient to fund lowering the commercial real property tax rate and other important priorities identified by the Mayor. AOBA commends Mayor Gray for recognizing the necessity of providing tax relief for small businesses and including this important initiative in the revised revenue estimate contingency priority list of 01. However, we believe this provision should be moved upward on the priority list and implemented immediately. It will help small businesses and would provide them with some relief. 'Va. Ann. Code Interest on overpayment: ("(A) Interest shall be allowed and paid upon the overpayment of any tax administered by the Department, the refund of which is permitted or required under the provisions of this article, or on moneys improperly collected from the taxpayer and refunded pursuant to at a rate equal to the rate of interest established pursuant to "); Va. Ann. Code Rate of interest (underpaymenls): ("(A) Unless otherwise specifically provided, interest on omitted taxes, assessments and refunds under this title shall be computed at the fates equal to the rates of interest established pursuant to 661 of the Internal Revenue Code. The rate of interest on omitted taxes and assessments under this title shall be the "Underpayment Rate" established pursuant to 66 I (a)() of the Internal Revenue Code plus two percent. The rate of interest on refunds under this title shall be the "Overpayment Rate" for noncorporate taxpayers established pursuant to 661(a)(I) of the Internal Revenue Code plus two percent. Separate computations shall be made by multiplying the deficiency or overpayment for each period by the rate of interest applicable to that period,"). Va, Ann. Code ("A locality that provides for payment of interest on delinquent taxes shall provide for interest at the same mte on overpayments due to erroneously assessed taxes to be paid to the taxpayer... ); See also ffib (Rev. December 7, 011) ("The rates for interest detennined under section 661 of the Code for the calendar quarter beginning January 1.01, will be: (1) percent for overpayments ( percent in the case of a corporation); () percent for the underpayments; and () 5 percent for large corporate underpayments. The rate of interest paid on the portion of a corporate overpayment exceeding $10,000 will be 0.5 percenl.")

292 II. CONCLUSION AOBA looks forward to working with the Council and other stakeholders on these important issues. Thank you for the opportunity to testify and we would be happy to answer any questions from the Committee.

293 Testimony of Ram Y. Uppuluri, Sr. Policy Advisor Friends of Choice in Urban Schools FY 01 Budget Support Act of 01 Committee of the Whole Monday,April0,01 Good afternoon Chairman Brown and Members and Staff of the Committee of the Whole. My name is Ram Uppuluri, and I am Senior Policy Advisor at Friends of Choice in Urban Schools, or "FOCUS". FOCUS is a 15-year-old D.C. non-profit that provides advocacy, communications and other support for D.C.'s public charter schools and helps individuals and organizations start new public charter schools. I'm here today to ask the Council to consider adding language to the FY 1 Budget Support of 01 that will level the funding on a per student basis between DC Public Schools and public charter schools, as required by the DC School Reform Act of 1995, as well as by principles of fairness and equity for all of our students. There are several ways that funding is skewed in favor of DC Public School students and against students enrolled In public charter schools, on a per student basis. Among these: DCPS commonly obtains supplemental appropriations and reprogrammings outside of the Uniform Per Student Funding Formula (UPSFF) that charter schools do not receive. In addition, appropriations are commonly awarded to agencies other than DCPS to provide free services exclusively for DCPS and not for the charter schools. The effect of these practices is to give DCPS much more in operational funding on a per-student basis than the public charter schools receive. We believe this isan inequity that can easily be addressed through the Budget Support Act this year, by simply including language requiring ALL local funds supporting 1

294 operations of DCPS and public charter schools to be appropriated through the UPSFF. The practice of inequitably funding DCPS through appropriations outside ofthe Funding Formula is a practice that should end with the current fiscal year. Secondly, the payment schedule for DCPS and the charters is different: DCPS is paid for the number of students it estimates it will serve in the coming school year, while charter schools are paid only for students they actually enroll according to the annual enrollment audit. As a result, between FY 09 and FY 1, DCPS was paid a total of $98.6 million for students it did not enroll - which resulted in DCPS receiving hundreds of dollars per-student per-year more than the public charter schools got. This inequity can also easily be remedied by withholding a small percentage of the DCPS appropriation until the annual audit of DCPS enrollment is completed - the final payment to DCPS could then be adjusted to accurately reflect actual enrollment, as is the case for the charter schools. A simple amendment along these lines would remove all incentives for "gaming" enrollment numbers, or for overspending at DCPS - and level the playing field between DCPS and the charter schools. Any surplus appropriations could be returned to the Student Enrollment Fund already established in the DC Code, to provide additional funding when audited enrollment exceeds projected enrollment at either DCPS or in the public charter schools. Third, the charter school facilities allowance of $,000 per student per year does not come close to parity with DCPS, which enjoys the free use of District owned buildings and a massive capital budget. And even so, the Mayor provides only $,800 in local funding for the charter school facilities allowance in his FY 1 budget request. We urge you to restore the facilities fund for public charter schools to

295 $,000, in local funds, and set that amount as the floor going forward. Starting in FY 14, we would urge the Council to consider an annual adjustment to the facilities allowance for charters based on an appropriate measure of inflation. The current disparities in funding between DCPS and charter schools, on a per student basis, adversely affect the 41 percent of public school students in the District of Columbia who attend public charter schools. Continuing these inequitable practices sends the wrong message: that the District of Columbia values its public charter school students less than their DCPS counterparts. We know this is not a message you or your colleagues on the Council believe, and so we urge you to support the equitable treatment of charter school students beginning in the Budget Support Act this year. Thank you for the opportunity to testify today. We are grateful for your support of public charter schools in the District of Columbia - they work hard every day to provide quality educational opportunities for District residents. I will be happy to answer any questions you may have.

296 Government of the District of Columbia -*** Executive Office of the Mayor Testimony of Allen Lew City Administrator Public Hearing on the Fiscal Year 01 Budget Request Act of 01 and Fiscal Year 01 Budget Support Act of 01 Council of the District of Columbia Committee of the Whole The Honorable K warne R. Brown, Chairperson April 0, 01 Council ChamberslRoom 500 John A. Wilson Building 150 Pennsylvania Avenue, NW Washington, DC :00 P.M.

297 Testimony of Allen Lew, City Administrator On the FY01 Budget Request Act of0l and FY01 Budget Support Act of01 Before the Committee of the Whole The Honorable Kwame R Brown, Chairman Introduction Good afternoon, Chairman Brown and members of the Committee of the Whole. My name is Allen Lew and I am the City Administrator of the District of Columbia. Thank you for the opportunity to provide testimony on B19-74, the "Fiscal Year 01 Budget Request Act of 01" and B19-74, the "Fiscal Year 01 Budget Support Act of 01 (BSA)". FY 01 Budget Request Act The Budget Request Act establishes the operating and capital budget authority for the District of Columbia government for Fiscal Year 01. The Budget Request Act advances the Mayor's budget goals to diversify and grow the District's economy; educate and prepare our workforce for the New Economy; and improve the quality of life for all. Over the last five weeks, government officials and the public have testified before the Council on the details of the operating and capital budgets for executive and independent agencies that are appropriated and authorized in the Budget Request Act. The Budget Request Act takes a major step in advancing budget autonomy for the District of Columbia by the inclusion of language proposed by President Obama in the general provisions to ensure that the District would be able to expend local funds during a period in which Congress has not appmved the District budget. In addition, the Budget Request Act includes in the omnibus authorization provisions Congresswoman Norton's budget autonomy legislation. I believe momentum is building toward the District finally achieving the budget autonomy it deserves. As you are aware, just this last week bipartisan legislation on District budget autonomy was introduced in the U.S. Senate by Sen. Joseph Lieberman, Sen. SI1san Collins and Sen. Daniel Akaka. FY 01 Budget Support Act The Budget Support Act makes amendments to the laws of the District of Columbia that are necessary to implement the policies, initiatives, and cost savings inl;orporated into the budget and financial plan. Before discussing the legislation, I would like to emphasize that this year's BSA is entirely germane to the budget As you are well aware, the Mayor has always made it a priority of his to ensure that only budget related subtitles are contained in the BSA. This year's document is no different. 1

298 Testimony of Allen Lew, City Administrator On the FY01 Budget Request Act of01 and. FY01 Budget Support Act of01 Before the Committee of the Whole The Honorable Kwame R. Brown, Chairman Without reciting the numerous titles and subtitles in my testimony, I would like to take this opportunity to highlight several portions of the Act that support key priorities of the Mayor's budget in the areas of government operations, economic development and regulation, public safety, human services, public works, and education. Of course I, as well as Eric Goulet, Deputy Chief of Staff and Director of the Mayor's Office of Budget and Finance, am available today to address any questions on other provisions included in the bill. Government Direction and Support The Government Direction and Support title contains a number of provisions to improve and modernize the operations of the District government. Subtitle A, the "Bonus and Special Pay Limitation Act of 01", would restrict the categories of special pay and bonus pay that could be awarded in FY1. Given the agency budget reductions that need to be implemented in FY1 to address the $17 million gap, the administration felt this action was prudent. There are exceptions to the restriction, including retirement awards, hiring bonuses for difficult to fill positions, and any award or bonus required by an existing contract or collective bargaining agreement. Additionally, DCPS teachers eligible for special awards pay and bonus pay are excluded from the restriction. Subtitle B, the "Health Benefit Plan District Contribution Amendment Act of 01", would increase the District-paid share of employee health benefits from 7% to 75%. This action would restore a cut to these benefits made in Fiscal Year 011 and will be a welcome boost for District employees, many of whom have not seen a payor step increase in several years. Subtitle D, the "Public Sector Workers' Compensation Return to Work Clarifying Amendment Act of 01", would allow the Office of Risk Management to request earnings information under oath from recipients who receive temporary total disability payments. Currently, the authority to collect earnings information is limited to a small percentage of claimants who receive partial disability compensation. This provision would permanently expand the agency's authority to obtain earnings information from all workers' compensation recipients and assist ORM in reducing workers' compensation fraud.

299 Testimony of Allen Lew, City Administrator On the FY0\ Budget Request Act of01 and FY0\ Budget Support Act of01 Before the Committee of the Whole The Honorable Kwame R. Brown, Chairman Subtitle E, the "Delinquent Debt Recovery Act of 01", would authorize the Office of the Chief Financial Officer (OCFO) to pursue the collection of outstanding debts owed to the District. This would include authority to centralize the collection of delinquent debts within a central collections unit of the Office of Finance and Treasury; impose fees on debtors to cover costs associated with the collection of delinquent debt; establish liens for the payment of delinquent debts; and suspend the issuance of licenses and permits to delinquent debtors. Economic Development and Regulation The Economic Development and Regulation title contains a number of cost-saving and efficiency provisions. Subtitle D, the "Deputy Mayor for Planning and Economic Development Limited Grant Making Authority Act of 01" would provide the Deputy Mayor with grant-making authority for the Skyland project as well as authority to issue grants for local business promotion, regional economic development, and the Bank on DC program. Subtitles E, F, and G all relate to changes to alcohol sales hours. Subtitle E, the "Inaugural Celebration Extension of Hours Public Safety Act of 01" would allow onpremise alcoholic beverage sales until 4:00 am. and food and non-alcoholic beverage sales around-the-clock during the one-week presidential inaugural periods in 01 and 017. Subtitle F, the "Off-Premises Alcohol Act of 0i" would allow the sale of alcohol for off-premises consumption beginning at 7:00 a.m.; currently, off-premise sales are not allowed until 9:00 a.m. Subtitle G, the "On-Premises Alcohol Act of 01", would extend the permitted hours for the sale of alcohol for on-premises consumption from :00 a.m. to :00 a.m. on weekdays and from :00 a.m. to 4:00 a.m. on weekends and District and federal holidays. Before proposing this extension, we had extensive internal discussions to make sure that the extended hours will not have a negative public safety or quality of life impact. If this extension is approved by the Council, we will work closely with the Metropolitan Police Department and the Alcoholic Beverage Regqlation Administration to ensure that the extension is implemented smoothly.

300 Testimony of Allen Lew, City Administrator On the FY01 Budget Request Act of01 and FY01 Budget Support Act of01 Before the Committee of the Whole The Honorable Kwame R. Brown, Chairman Public Education The fourth title of the Budget Support Act contains a number of critically important provisions related to the public education system. Subtitle A, the "Funding for Public Schools and Public Charter Schools Amendment Act of 01" makes a number of important changes to existing law. First, it establishes the annual per-student funding level for public school and public charter school students. The FY1 proposed budget increases the base funding amount from $8,945 to $9,14. This increase, particularly during this difficult budget cycle, demonstrates the Mayor's continued commitment to improving the public education system in the District. This subtitle also maintains last year's increased special education weights and continues the two new special education categories, which provides an incentive for DCPS and charter schools to actively recruit and retain special education students. These provisions will help achieve the Mayor's goal of educating our special education students in the most inclusive setting possible. It will also help continue last year's trend of driving down our non-public tuition costs. Subtitle B, the "School BaSed Budgeting and Accountability Amendment Act of 01", would improve capital budget planning for schools by changing the process by which the master facilities plan is developed and approved. The provision will establish a 5-year master facilities plan cycle (as opposed to the current annual cycle), which will allow for more extensive planning and public input and will minimize inefficiencies created by the yearly cycle. Public Works The Public Works title contains a number of provisions related to the District's transportation infrastructure. Subtitle B, the "State Safety Oversight Agency Establishment Act of 01", would establish a safety oversight agency for the District's streetcar operations. The establishment of the oversight agency is a requirement of the Federal Transit Administration. 4

301 Testimony of Allen Lew, City Administrator On the FY01 Budget RequestAcl of01 and FY01 Budget Support Act 0[01 Before the Committee of the Whole The Honorable Kwame R. Brown, Chairman Subtitle D, the "Washington Metropolitan Area Transit Authority Memorandum of Understanding Establishment Act of 01", would allow DDOT to enter into agreements with WMATA on an ongoing basis. This provision addresses a September 010 memorandum from the Office of the Attorney General, which stated that WMATA is not a District government agency for purposes of entering into an MOU. The legislation will allow DDOT to have a streamlined procedure to contract with WMA T A. Subtitle E, the "Performance Parking Zone Expansion Amendment of 01", would make the performance parking program a citywide program. Additionally it will direct all performance parking program revenue to WMATA instead of DDOT. This actio~ will allow performance parking in areas of the city that desperately need it and provide funding to WMATA to help ease our local funds burden in that agency. To address neighborhood concerns regarding the loss of funding to support non-automotive improvements, we are committed to soliciting input from the affected communities and funding such infrastructure through the capital budget at the time when performance parking is first implemented in each chosen neighborhood. Finance and Revenue The Finance and Revenue title contains several subtitles that are necessary to balance the District's budget. Subtitle A, the "Subject to Appropriations Repealers Amendment Act of 01", would fund legislation which was passed by the Council without funding. Those pieces of legislation are the United House of Prayer for All People Real Property Tax Exemption Act of 011, the SamuelJ. Simmons NCBA Estates No.1 Limited Partnership Real Property Tax Exemption and Equitable Real Property Tax Relief Act of 010, the South Capitol Street Memorial Amendment Act of 01, and the Washington Ballet Equitable Real Property Tax Relief Act of011. The remaining subtitles contain various tax- and revenue-related items such as amendments to targeted retirement distributions, employer use taxes, overpayment interest rates, electronic funds transfer payments, the homestead deduction amount, the personal exemption amount, and standard deduction rates. These changes are needed to balance the District's budget, and these actions help avoid additional cuts to city services 5

302 Testimony of Allen Lew, City Administrator On the FY0\ Budget Request Act of01 and FY0\ Budget Support Act of01 Before the Committee of the Whole The Honorable Kwame R. Brown, Chainnan Before moving on I want to highlight two subtitles in this title. The first is Subtitle I, the "Out-of-State Municipal Bond Tax Repeal Act of 01". This subtitle would repeal the tax on out of state bonds which was passed by the Council last year. The second subtitle is Subtitle J, the "Commercial Property Tax Rate Amendment Act of 01". This subtitle would amend the commercial property tax rate from $1.65 per $100 of assessed value down to $1.55 per $100 of assessed value. Both of these subtitles provide needed tax relief to District residents, but would only become effective upon certification by the Office of the Chief Financial Officer that sufficient revenue is available in the three remaining 01 revenue estimates. I would like to emphasize that the Mayor's FY1 budget does not contain any new taxes or fees and in fact will reduce the tax burden on District residents and businesses through these provisions. Budget Support Act Conforming and Technical Amendments The Budget Support Act Conforming and Technical Amendments title contains conforming and technical amendments to prior budget support acts. Subtitle A, the "Prior Budget Support Act Amendments Act of 01", makes needed amendments related to special purpose revenue accounts repealed or made lapsing in the FY1 Budget Support Act and also makes conforming and technical changes requested by the Office of the Chief Financial Officer. Subtitle B, the "FY 011 O-type Un-Designation Amendment Act of 01", addresses a $4 million over-designation which occurred as a result of language in the FY1 BSA. The two charts that you see in this subtitle were combined into one chart in the FY1 BSA, which included lead-in language that directed OCFO to sweep all remaining balances in the funds listed in the chart. The FY1 BSA language, however, was not meant to apply to all of the special purpose funds listed, but only to those that were being repealed in FYl. The current subtitle corrects this error and will allow agencies to access the $4 million in inadvertently swept funds. 6

303 Testimony of Allen Lew, City Administrator On the FY0I Budget Request Act of01 and FY01 Budget Support Act of01 Before the Committee of the Whole The Honorable Kwame R. Brown, Chairman Capital Budget Authority The Capital Budget title contains subtitles which are designed to streamline the District's capital budget and make the capital budget more transparent. This title contains subtitles related to DDOT's capital budget, as well as capital budget reporting requirements, authority transfers, and capital budget reallocations. Additional Revenue Contingency List The last section of the BSA that I want to highlight is the "Revised Revenue Estimate Contingency Priority List of 01". As with any budget, and particularly in the current fiscal climate, very difficult program funding decisions had to be made as we put together. the FY 1 budget proposal. This subtitle contains a list of items which the Mayor was not able to fund in the proposed FY1 budget, but that he believes are critically important to address if there is an increase in the revenue estimates for FY1. There are 5 items on the list, with a dollar value of $10 million. This total represents the amount that the FY1 revenue estimate increased in the last three revenue estimates of 011. While we certainly hope to generate enough additional revenue to cover all of the items on this list, we recognize that this may not occur. The list is therefore prioritized with item 1 being the first item that would be funded if revenue increases and item 5 being the last item that would be funded. Conclusion This concludes my testimony. Both Eric Goulet and I are happy to answer any questions you may have. 7

304 Testimony of: Shivsingh Newaldass, Director of Advocacy, Manna Inc. Public Hearing Re: COW Fiscal Year 01 Budget Hearings Preamble: Good afternoon Chairman Brown, Council Members, staff of the DC Department of Housing and Community Development, Community Partners, and others. I am Shiv Newaldass, a resident of Ward 6 and the Director of Advocacy for Manna, Inc. Thank you for the opportunity to provide feedback on the Mayor's FY 1 budget. Housing is the foundation of our communities, and this budget does not meet my community's housing needs. The Council must begin to address the housing crisis that District residents live with every day by making investments across the Continuum of Housing. That means: Fully funding the Housing Production Trust Fund Funding permanent solutions to homelessness Maintaining the Home Purchase Assistance Program at its FY 01 level. Other residents here will speak to the needs for funding the Housing Production Trust Fund and permanent solutions to homelessness. I am here today to speak about HP AP. Unfortunately, the Mayor's budget does not replace cuts made to the Federal programs HOME and CDBG, resulting in a reduction of HP AP's FY 1 budget by a full third. Almost two-thirds of all U.S. households live in owner-occupied homes. Homeownership gives one the opportunity to accrue equity off increases in the value of their property. There are numerous studies that support the social and economic benefits of homeownership. These benefits have resulted in improved neighborhoods, stable families, and an enhanced quality oflife for these homeowners. Education: A growing body of research demonstrates the importance of stable, affordable housing on the educational outcomes of children. The children of homeowners have been found to have: Greater School Achievement: One study found that children of homeowners have cognitive outcomes that are 9% higher in math and 7% higher in reading. Increased Graduation Rates: Homeownership can increase the rate of high school graduation by as much as 10% for low income faruilies. Greater Lifetime Achievement: Furthermore, children of homeowners have a 6% greater likelihood of completing a post-secondary education and are 9% less likely to receive welfare benefits between ages 4 and 8. Equity Accumulation and Asset Leveraging: 77% oflow income household's wealth is invested in their home.

305 Each year as they pay down their debt, they build equity which can be used for other expenses or investments. Property Values: Homeownership provides the district with a sturdy stream of revenue to the city's coffers. The annual property tax generated each year for the District from all of Manna homes produced since 198 (1,000 plus units) is estimated to be $1.7 million. Additionally, the District should not ignore the fact that high quality housing can reverse property value declines by eliminating otherwise blighted properties and encouraging people to move to a newly desirous area All too often, concentrated poverty creates a vicious cycle of downward prices as individuals become hesitant to invest in their properties because those investments will have little return if no one else invests. Targeted subsidized housing can help reverse those trends and turn around struggling communities. Investments by the city can also induce private investment that would not normally occur. Areas that appear to be rebounding will attract new capital either in the form of new private developments or as homeowners upgrade properties to reap improved values. While this can happen without public investments, when that occurs, it usually results in gentrification that unfairly displaces long term residents. Only by subsidizing affordable housing can DC ensure that residents can continue to live in neighborhoods they have for generations. Chairman Brown, you've often spoken about wanting to protect long-time residents from being displaced in an ever changing City- homeownership is the best means to do so. In fact, Manna recently did a study of our past buyers from 0 years of developing and selling affordable units in the District. We found that 8 out of 10 of our homeowners are still in their homes today, many of which are in located in Shaw, Columbia Heights, Logan Circle and other areas that are considered high housing cost. They've become vibrant additions to the fabric of their communities and many have used their home equity to send their kids to school, start businesses, and one person has even started her own scholarship fund with her home equity to help needy children. And to boot, with a 1.8% foreclosure rate, 0 within this past decade, even in the midst of a global financial meltdown. Many of our buyers need HP AP, which as the District's own homegrown investment tool, is one of the greatest programs in the country. HP AP funds serve as equity and have on average a 6 to 1 leverage ratio for every dollar lent by the District. Lent is important to note, because HP AP is a loan that is repaid.. There is sensational article out trying hard to disparage this program and to characterize it as government waste. But even with such an audacious and irresponsible spin, the article mentioned a % foreclosure in a program that's been around for decades and that has served almost 1,000 DC homeowners. What the article convenient ignores is the fact that HP AP loans are liens on the property and does not magically disappear. They will be repaid at some point in the future. This should be celebrated, not condemned and the program expanded, not collapsed. Restore HP AP to its full level and prioritize affordable housing for it is- an invaluable need.

306 Testimony of: Marilyn Phillips Pnblic Hearing on April 0, 01 Re: Fiscal Year 01 Budget Oversight Hearings Schedule I AM MARILYN PHILLIPS, A RESIDENT OF THE DISTRICT OF COLUMBIA, IN WARD 8. MY HUSBAND IS A FIRST-TIME HOMEBUYER, AND HAS RECENTLY SIGNED A CONTRACT FOR THE PURCHASE OF MANNA, INC:S NEWEST CONDOMINIUM PROJECT IN WARD 8 - THE BUXTON - LOCATED IN HISTORIC ANACOSTIA. AS MEMBERS OF MANNA INC:S HOME BUYERS CLUB, WE BOTH SUPPORT THE CORE VALUES AND VISION OF MANNA, INC., AND WILL CONTINUE TO SUPPORT THEM WELL INTO THE FUTURE. AS FIRST-TIME HOMEBUYERS, WE PLAN ON UTILIZING THE DISTRICT'S HPAP, TO HELP US WITH THE PURCHASE OF OUR NEW CONDOMINIUM UNIT IN WARD 8. WE ALREADY ARE RESIDENTS IN HISTORIC ANACOSTIA AND RESIDE JUST TWO () BLOCKS AWAY FROM MANNA'S NEW PROJECT. MOREOVER, NOW THAT WE ARE FIRST -TIME HOMEBUYERS, WE ARE WATCHING THE BUILDING EVERY OTHER DAY FOR ANY CHANGES. WE HAVE WATCHED HOW HISTORIC ANACOSTIA IS CHANGING BEFORE OUR EYES, AND ARE VERY EXCITED ABOUT BEING A PART OF THIS CHANGE, AND INVESTING IN HISTORIC ANACOSTIA BY PURCHASING A CONDOMINIUM UNIT AT THE BUXTON. OF ALL THE PLACES WE HAVE EVER LIVED IN THE WASHINGTON METROPOLITAN AREA, WE ALWAYS COME BACK TO THE DISTRICT OF COLUMBIA. WE LOVE THE HEARTBEAT OF THE CITY AND THE CONVENIENCE IT OFFERS FOR LIVING,

307 Testimony of: Marilyn Phillips Public Hearing on April 0, 01 Page EMPWYMENT, RETAIL AND GROCERY STORES, BANKS, RESTAURANTS, SCHOOLS AND HOSPITALS. MY HUSBAND HAS WORKED VERY HARD OVER THE LAST FIVE (5) YEARS TO DEVELOP A PRISTINE CREDIT REPORT WITH A FAVORABLE FICO SCORE. EVEN THOUGH HE HAS 0+ YEARS AS A COOK IN THE FOOD AND HOSPITALITY FIELD, WITH THE FALL OF THE ECONOMY, HIS ANNUAL INCOME NOW FALLS IN THE CATEGORY OF LOW-INCOMR IF MAYOR GREY'S PROPOSED BUDGET IS APPROVED, AND THE HP AP IS REDUCED, THERE IS A POSSIBILITY THAT MY HUSBAND, OR SOME OTHER FIRST-TIME HOMEBUYER IN THE DISTRICT OF COLUMBIA, MAY NOT GET THE FULL AMOUNT THAT THEY WERE HOPING FOR TO MAKE THE FIRST-TIME HOME BUYING PURCHASE OPPORTUNITY INTO A REALITY. MY PERSONAL SITUATION IS THAT, AFTER 5 YEARS AS A LEGAL ASSISTANT, I WAS DIAGNOSED IN 006 WITH BREAST CANCER. I WENT BACK TO WORK IN 008 AND WAS DIAGNOSED WITH METASTATIC BREAST CANCER TO THE BONE IN 009. I HAVE BEEN ADVISED THAT THIS TYPE OF CANCER IS VERY SLOW GROWING AND ONE CAN SURVIVE FOR 15 TO 0 YEARS OR LONGER. I HAVE MANY DOCTORS' APPOINTMENTS AND CANNOT PLACE THAT BURDEN OF TIME OUT FOR APPOINTMENTS ON A NEW EMPWYER, SO I STAY AT HOME AND HELP OTHERS WHEN I CAN, BY COMPOSING LETTERS, CREATING RESUMES, OR

308 Testimony of: Marilyn Phillips Public Hearing on April 0, 01 Page BY MAKING PHONE CALLS - ALL ON A VOLUNTEER BASIS. THE GOOD NEWS IS THAT I AM IN REMISSION AND HAVE BEEN SINCE 010. MY ONLY INCOME IS ssm AND WILL USE WHATEVER IS NEEDED TO ENSURE THAT WE GET THE KEYS TO THE DOOR. AS I AM SURE YOU WILL AGREE, RENTING IN THE DISTRICT OF COLUMBIA IS QUITE EXPENSIVE AND THE FIRST-TIME HOME BUYER'S OPPORTUNITY - AND ALL THAT IT OFFERS - IS MORE CONDUCIVE TO OUR INCOME AND EXPENSES. BOTH OF US ARE VERY EXCITED ABOUT SIGNING THE CONTRACT WITH MANNA, INC., FOR A UNIT AT THE BUXTON CONDOMINIUM, AND WE STRONGLY URGE YOU TO RECONSIDER THE PROPOSED CUT OF FUNDS FOR THE HP AP IN THE 01 PROPOSED BUDGET.

309 So Others Might Eat 71 "0" Street, NW Washington, DC 000 I Tel: (0) Fax: (0) Web: Testimony of Nechama Masliansky, SOME, Inc. (So Others Might Eat) To the Committee on the Whole FY01 District of Columbia Budget Support Act Public Hearing April 0, 01 Good afternoon, Chairperson Brown and members of the Council. My name is Nechama Masliansky. I am the Senior Advocacy Advisor at SOME, Inc. (So Others Might Eat). SOME is a nonprofit and interfaith organization that for 4 years has provided comprehensive services to District residents who are homeless or at risk of homelessness. Through government-private partnerships with many District agencies, SOME has developed housing and other high-quality resources for the District's low-income residents. Mr. Chairman, usually we talk to you and the Council about specific budget items. But today we want first to add a statement about the context for our testimony. Mr. Chairman, we spend all year working to help find solutions to reduce poverty, hunger and homeless ness in this City. Together with dozens of other organizations, we explore Best Practices that are further informed by our own hands-on service delivery. We participate in task forces, coalitions, interagency councils and committees. We write reports and recommendations and testify at many hearings. All these discussions lead to essentially two recommendations: 1. An integrated, comprehensive, holistic approach is the only way to reduce poverty, hunger and homelessness in our City. Housing, health care, nutritious food, living-wage jobs and basic income, and more 1 all are needed. Programs need to be better integrated with one another, and no one program or agency can come close to changing the circumstances under which thousands of DC residents are living.. In addition, the solutions to these problems require a longer term approach that cannot be addressed usefully at one-year budget hearings. In the short run, an increase may be needed in specific programs, and interagency collaboration needs to be strengthened. In the long run, there will be a stronger City and major savings to the public fisc. From time to time, good programs are initiated that demonstrate some genuine success; the Housing Production Trust Fund, Local Rent Supplement Program, Permanent Supportive Housing program, and Interim Disability Assistance are examples. We can tell many success stories. But after a very few years, those programs are underfunded, and sometimes their funding is actually diverted for other purposes. For several years in a row, not only have minor increases essential to those good programs not been funded, but the already fragmented safety net has been at the point of disintegrating completely. This year, in addition to concerns about not making more housing or IDA available to thousands of DC residents who need those resources today, we are pleading to not balance the budget by reducing already-tiny TANF benefits and by eliminating food and shelter for homeless individuals. I For example: Transportation, child care, and literacy training.

310 In the limited time we have to testify, the following are a few of our priorities: 1. Fund the Department of Human Services (DHS) with a minimum of $7M in the baseline budget to continue to provide a continuum of homeless services to individuals and families yearround, and $M to expand the Permanent SUIlPortive Housing program to move people off the streets and out of shelters into stable housing. a. The $7M is essential to enable DHS to continue to provide shelter, food, medical care, transportation and job training to homeless men and women April-November 01. A cut to those services is not acceptable to anyone in the community. b. The $M is essential to enable DHS to move 50 homeless families out of emergency housing. It is cheaper to house people in permanent supportive housing than in shelters, motels and emergency rooms.. Maintain the commitment to fund the $0M taken from the Housing Production Trust Fund (Trust Fund or HPTF) in the Department of Housing and Community Development (DHCD) in FY1 with future revenue as proposed by Mayor Gray. This funding will provide up to 400 households with housing they can afford.. Restore $18M to the Trust Fund taken from the Trust Fund in FY1 by using FY1 surplus, as committed to a year ago. Affordable housing providers are ready to go with projects that have been stalled by lack of FY1 funding. Those projects will relieve the unsustainable pressure on the affordable housing market and would provide up to 60 households with housing they can afford. 4. Add $M to the Local Rent Supplement Program (LRSP) in the DC Housing Authority (DCHA) for FY1. Unlike HPTF, which helps with capital expenses, LRSP enables affordable housing to be financed because it provides operating expenses for housing where the tenants cannot pay market rates. An increase of $M to LRSP will enable production of permanent housing with supportive services for 00 households. All the above recommendations will help relieve current, unsustainable pressures on the homeless and housing systems. Thank you. (a) Restore $1.497M cut from the baseline in DHS' Permanent Supportive Housing ("Housing Firsr) budget; and (b) Expand the program by at least $M. Although there is an increase in federal funding for PSH in FY1, there is a net decrease of $1.497M in the baseline budget. In the meantime, there is a sharp increase in homeless families for whom the City has no room, and about,500 homeless persons who completed the Vulnerability Index Survey four years ago are still waiting for Permanent Supportive Housing. The urgent need for long-term solutions calls for an investment of $M-$4M at this time. Please see, e.g., "Permanent Supportive Housing: A Cost-Effective Alternative in the District of Columbia" (Coalition for Nonprofit Housing and Economic Development, Supportive Housing Working Group, FalilWinter 011). "Research, Center for Practical Research." Restoring Hope & Dignity One Person at a Time Designate Designate SOME is an interfaith, community-based organization established to help the poor and homeless of our nation's capital. A ~ SOME is a 501 (c)() organization and contributions are tax.-deductible. Federal ID # ~

311 So Others Might Eat 71 "0" Street, NW Washington, DC 000 I Tel: (0) Fax: (0) Web: Testimony of Kurt Runge, SOME, Inc. (So Others Might Eat) To the Committee on the Whole FY01 District of Columbia Budget Support Act Public Hearing April 0, 01 Good afternoon Chairperson Brown and members of the Council. My name is Kurt Runge, and I am an Advocacy Specialist at SOME (So Others Might Eat). SOME is a member of numerous coalitions, including the Fair Budget Coalition (FBC). I would like to conclude our testimony by discussing several other priorities and revenue recommendations. FY 1 Priorities 1. Restore $5.65 million to TANF to delay additional cuts to people who have received benefits for 60 months or more until the TANF redesign has been complete. DHS has made promising improvements to the TANF system, however, it coyld be a year or more before improvements to the system are finalized and a" current TANF recipients are assessed.. Restore $.4 million to the Interim Disability Assistance Program to replace the money taken from the program in FY 11 to balance the budget. Due to a history of cuts, the program is on the verge of extinction, and serves less people each year. If money is not restored to the program, it will serve roughly 750 people next fiscal year, compared to case load highs of,900 when the program was fully funded. Revenue Recommendations We support many of the restorations listed on the Mayor's "wish list," in the event of a budget surplus in FY 1, and we hope the Council retains the list as it is. However, funding for basic human needs like shelter for the homeless and affordable housing need to be in the budget now rather than pinned to the hopes of a budget surplus that mayor may not come. As we saw in the most recent FY 1 supplemental meeting, increased enrollment in charter schools is considered a spending pressure. We do not disagree. Some things are non-negotiable. However, from our perspective, a safe place for a family to sleep is also a spending pressure. With a city budget of over $9 billion', why are we asking homeless men, women, and children to sleep in cars, on the street, and in other unsafe conditions? Basic human needs are not negotiable, and we are not meeting the need. One example that illustrates the need happened several weeks ago when SOME opened the intake line for units of affordable family housing. Within a ~ hour of opening the line, we received so many calls that our intake line crashed. We were able to process 5 applications, but estimate that over 50 calls could not get through. In FY 11, safety net services were cut by more than $50 million, but we ended the fiscal year with a $40 million surplus ii. Similarly, in FY 1, approximately $48 million was cut from safety net services m Despite the cuts, the $40 million surplus was put in the city's savings account. How do

312 we explain to a homeless family that the city added $40 million to our savings, but we have no money for shelter or affordable housing? We implore the City Council to look at the surplus from FY 11 and projected surplus from FY 1 to restore funding to programs that meet basic needs. The Mayor recently offered to use $19.9 million of FY 1 surplus to repay government workers who were furloughed in FY 11. We propose the city use FY 11 surplus to pay the furloughed workers, and the FY 1 surplus to restore funding to programs like the Housing Production Trust Fund, to delay the cut to TANF, and to support homeless services. Thank you. i ii (total cuts for FY 11 include cuts in the Dec gap-closing) iii htto:llwww.thinktwicecampaign.org Restoring Hope & Dignity One Person at a Time Designate Designate SOME is an interfaith, community-based organization established to help the poor and homeless of our nation's capital. A ~ SOME is a 501(c)() organization and contributions are tax-deductible. Federal ID # ~

313 My name is Kesh Ladduwahetty and I serve as Chair of DC for Democracy's Budget Committee. DC for Democracy strongly objects to the proposed FY1 budget, on the grounds that it is an austerity budget that is not fair, not socially responsible, and will fail to pull our economy out of the c1.!iient economic recession. Spending Proposals The Mayor calls for $10.7 million in spending cuts, 75% ($76.6 million) of which inflict further suffering on people who are homeless, P!Xlr, unemployed, or sick, many of whom ~,children. These are the people who are asked to sacrifice: Homeless people who will suffer $7 million in federal funding cuts, which may require shutting down the DC General homeless shelter. Low-income DC residents currently paying more than 0010 of their income on rent and who need affordable housing will suffer from $0 million in cuts to the Housing Production Trust Fund which builds affordable housing. DC has [manced 8,900 units of affordable homes since 00, but we have slowed down the pace significantly in the last few years and the government has diverted money from building affordable housing to pay for other housing programs that do not solve the problem. They will also suffer from the loss of $5. million in federal funds that help them buy affordable homes (Home Purchase Assistance Program).,000 low-income DC residents ~ho get health insurance through the public Healthcare Alliance program will suffer $ million in cuts, which means they will not be covered for hospital care. Low-income DC residents suffering from domestic violence will suffer $1. million in cuts to the Victim Services Program, which offers a variety of services for the victims of doiilestic violence. Poor, unemployed families with children will suffer $14.7 million in cuts to the new Temporary Assistance to Needy Families (TANF) employment program which has been proven to be an effective way of moving them from welfare to work. These6,00 families (which include 1,000 children) will also suffer from $5.7 million in cuts to TANF benefits, if they have received benefits for more than 5 years. The Mayor has placed most of the above programs on a "Revenue Priority List" which is basically a wish list. These programs will only be funded if DC gets revenues that are currently not expected. It is

314 unconscionable for the Mayor to propose funding basic human needs from fantasy dollars that may never materialize. We need to put these programs back in the real budget and pay for them with real revenue. Revenue Proposals The Mayor calls for raising $70.5 million in revenue to bridge the budget gap through 4 revenue sources. All of these revenue sources are imposed on DC residents regardless of income level and ability to pay. $8. million to be raised from collection of past due taxes and fees $5 million to be raised from new traffic cameras that will generate speeding tickets for drivers $5. million to be raised from expanded hours for selling alcohol, which increases alcohol addiction, accidents and injuries, noise, trash, and other social harm $1 million to be raised in income and property taxes from people of all income levels, by refusing to raise the standard deduction, personal exemption and homestead exemption to account for the last 4 years of inflation. These revenue proposals will exacerbate a tax structure that is already regressive, where the working poor bear the heaviest tax burden. According to the Office of the Chief Financial Officer (OCFO)'s 010 "Tax Rates and Tax Burdens, Washington Metropolitan Area" report, a typical household of three earning $5,000 bore an overall local tax burden (consisting of income, sales, property and automobile taxes) of 10.4 percent, the highest tax burden of any incoj;ne bracket. A comparable family earning $150,000 bore a tax burden of only 8.9 percent. The FY1 revenue proposals will serve to further burden the working poor at the $5,000 level, making DC's tax structure even more regressive. Recommendations on Spending DC's FY1 Budget should reflect its progressive values. First, it should protect our most vulnerable residents: the poor, the sick, the unemployed, and the homeless, many of whom are children. The budget should pay for the $76.6 million in cuts identified above, and it should also pay for the following: Add $4 million to the Housing First Program, to allow more homeless families to leave the shelters

315 and into a permanent home with wrap-around services to break the cycle of homeless ness Add $ million to the Local Rent Supplement Program, which helps poor families to stay in their homes Add $4 million to the public school budget to provide a school librarian for every school (44 schools currently do not have dedicated funding for a full-time librarian) Add $10 million for public libraries, to build up the library collections and to reopen the branch libraries on,sundays, when they-are most needed by the community With the addition of this $0 million in essential social infrastructure to the $76.6 million in spending cuts that must be restored, the FY1 budget should include at least $96.6 million in additional spending, with a matching $96.6 million in. ~itional revenues in order to balance the budget. Revenue Recommendations We should eliminate revenues raised from people who are already finding it hard to make ends meet, or from penalties designed to change behavior rather than raise money. Reinstate the inflation adjustment to the standard deduction, personal exemption, and homestead deduction. This means subtracting $1 mi11ion in new revenues. Exempt the 140,000 DC residents who are on food stamps from the improved collection of overdue taxes and fees. We should not be asking people who are not getting enough to eat to bridge the budget gap. This means subtracting an estimated $6.6 million from new revenues ($6:6 M = estimated $8. million * 140,000/600,000 residents). The expanded hours for alcohol sales is not advisable, given the likely social costs involved. This means subtracting $5. million from expanded hours for alcohol sales from new revenues. Use the automated cameras for traffic "ca1ming" but do not count expected $5 million in revenues toward the FY 1 budget. This will ensure that the goal is increasing pedestrian safety rather than raising revenue. This money can be counted towards the FY1 budget surplus instead. Adding the $48.9 million from these foregone revenues to the additional $96.6 million required in new revenues means that $145.5 million of revenue must be raised to balance our budget in a progressive, socially responsible manner.

316 DC for Democracy favors making our tax code, which is currently regressive, truly progressive. However, given that the tax code is being reviewed by the Tax Revision Commission, we urge the Council to adopt the following short-tenn tax measures to raise $ 8.9 million to bridge the FY1 budget deficit: Impose a percent surcharge on investment income (interest, ordinary dividends, and capital gains) received by those households with $00,000 or more in Adjusted Gross Income (AGI). This income group enjoyed passive income of $1.45 billion in 009 (Source: IRS, article/o jd=i7i55.0q,html). A % surcharge will generate $4.7 million in needed revenues. Impose a higher limit of 10 percent on itemized deductions for those households with $00,000 or more AGI. Last year, the Council wisely imposed a 5 percent limit on such itemized deductions. The CFO forecast that a 5 percent limit would raise $0.1 million in FY1; therefore, a 10 percent limit on itemized deductions will raise $ 40. million. [Source: OCFO, htu.r//ap,p.cfo.dc govlservjcesl fiscal impactlpdflspring09!flnal-fis-fiscal-year-ql-budget-support-act-of-011.pdt] We need to use the surplus from previous years to benefit those who made the greatest sacrifices. Therefore, use one-quarter ($61.6 million) of the FYII surplus of $40 million for our FY1 needs. Adding together the $8.9 million in new revenue from high income filers and $61.6 million from the FYII surplus yields the $145.5 million we need for a more balanced, progressive, fiscally and socially responsible budget. Thank you for your consideration.

317 SOL\.Il(.,b', 'JPS Table. Individual Income and Tax Data, by State And Size of Adjusted Gross Income. Tax Year _ All returns '0,"1. U","" $50,000 [1] Size Qf_~~r0S5lncome..- ""d" ",,'" "m"", $75,000 $ $00,000 I~,r.."l:o I"'"\:r~~ III'.~~ J5'1;~Oooo Number Dr return. Number 01 joint returns Number WIth paid prepare(s signarure Number 01 exemptions Number of dependeot exemptions Adjusted gro.. IncolTHt IAGI) [l Tolal income: [1 Number Amount Salanes and wages in AGI: (41 Number Amount Taxable interest Number Amount Ordinary dividends: Number AmolMlt Qualified dividend.: {51 Number AmOunt Slate and local refunds' Number Amount DISTRICT OF COLUMBIA Businen or prof~5ion net income (less loss): Nurnbllr Amount Netcapitalgain (less loss) in AGI. Number Amount Taxable Individual retirement arrangements distributions: Number Amount Taxable pensionli and annuities in AGI: Number Amount Number of farm retums Unemployment compensation: [6] Number Amourn Taxable sociat secun'ty benefits in AGI: Number Amount PartnershipiS-corp net Income (less loll): Number Amount Tolal adjustments: [7J Number AmOunt EctucallJt axpenses: Number Amount Sell-employed retirement plans: Number Amounl Self-employed health insurance deduction: Number \ I I \ I \ I \ I I I \ I \ ,41 48,74 10,8,1 151,6961.9, ,911 67,,.,1 144, , "",,., , , ,~1,a,,07,"1,540, ,911 6,494 86,.,.1 70,18 1,541,..- so,o1 61, ,076 4, ,1 156,566 1,,..1 5,1041 9, , ,995 ~"'I 1, ,598 15,8 10,896 4, ,141 4,,..1 47,... 1, ,1861 " "\ 17,091 14, ,0651,1 6,5191 5,5561 9, ,796 1,714,5nl -75,10 86, , ,605 6,8,6751 ".,,1 6701,,4041 ",1 179,8651, ,6,,1 4, 6 48,11 f 5,561 5, ,78 5,461 5, , , '1 17,,,,, , ,107 6, ,78,,9,,1 7,871 ""o1 11,81.89,1471,07,,,.1..,805,7181 9,10,70 46,111 5, ,865, \,8,141 4, B.BEI,107 41,0061,,,71 1,11 14,445 94''''1 1,847, ,6461 4,406,54,174,.,0001 9, ,6,511 1,,..1 56, <4, 10,648 a, , ,785 1, , ,117 7,0" 15, ,804,551 71, ,95 15, ,001 8,61 1.,991 17,98 ',81 58,915 6,55 4,0841 7,1611 4,88 60,975.,,51 18, ,518 lnv~m~t lnc~mt 6,,,81 11,.,.1 10,58 786,511 6, ,ees IbTI\/.. : 1,4&6, 'i tllf, 000 1,901...,91,1 I 1,055 1,61 0,9,,1 4a,701 5,51 6,..,1 4,,...1 7, ,,,1 19, ,511 5,599 1,~1 ; a,,1 <6 6,.,,1 4,,..1 5, ,64 4,6,,1,7451 4,111,194 51, ,1701 7,11 49, ,0001 5, a,7,,1,",6001 1,90,86,.,501 5,4,,1 10,501 7,,,", 6,151 1, 01 1." ,551 6" ' ,,,.1,107 4,0571 0, ,006 4,:: ,951,559

318 TAX Part I: A Comparison a/tax Burdens in Selected Washington Metropolitan Area Jurisdictions TABLE MAJOR STATE AND LOCAL TAX BURDENS FOR A FAMILY OF THREE RESIDING IN SELECTED WASHINGTON METROPOLITAN AREA JURISDICTIONS CALENDAR YEAR 010 DISTRICT 1 1 PRINCE )F MONTGOMERY GEORGE'S ARLINGTON.... FAQU'AX Tncome - 0, 0, 0, Real Estate I - --1, ,805-1, ,8OS T --- 1,805 1,805 I -, IUse -I I 110, q "11> '>:,59 I,58 I,57 1,66 I, ,56: Income Real Estate, Sales and Use -._-- Income Real Estate ISales and Use Income Real Estate Sales and Use TOTAL RANK TOTAL -fnk TOTAL RANK TOTAL RANK I * INCOMe) 4 "'"'== ~ 550,000 INCOME LEVEL 5 1 1,69 1 1, ,611, 1, ,58 1,748,11,151 1, ,4J ~_ ,54 5, IINC(],58,41, ,7,65,6 1,899,59.119,90.516,06 1,08 1, 1,06 1, z I t.o1 %)6, ,85\ 7, , ,660 I 6,98 7/91'= IWCO/l-.(f: Z ~~,,45 94 {O"';O>M~'f 6 " 5100, : : 1, '1-9:9: f... V... _l. ~L.619,,69, -.90 I , f I 9, ,74 1 9; Income I - 7,959, 9,14, 9,05, 6,499, I I Real Estate,071, ,79,709 4,459 I ~ Sales and Use 1,906 1,950 1,89 1,617 1,598 1,91 J ,181 1,0 990 TOTAL.1R'7o 1, , ,869 -]-9 RANK I N~iIA Note: Numbers may not add to tota nding, Tax Rates and Tax Burdens - Washingtoll Metropolitan Area Page 11

319 - f-,..-- CNHED Testimony of Robert Pohlman, Executive Director Coalition for Nonprofit Housing & Economic Development Fiscal Year 01 Budget Request Act of 01 and the Fiscal Year 01 Budget Support Act of 01 Before the DC Council Committee of the Whole Monday, April 0, 01 John A. Wilson Building, Council Chamber Good afternoon Chainnan Brown and Members of the Council. My name is Robert Pohlman. I am the executive director of the Coalition for Nonprofit Housing and Economic Development (CNHED). The 10 member organizations ofthe Coalition fund, finance, produce, preserve and provide affordable housing and neighborhood based economic development in the District of Columbia. This budget has bad news for the current residents of the District of Columbia and their neighborhoods. Despite the fact that the recent "One City" Sununit cited the lack of affordable housing as the primary obstacle to actually achieving "one city," the FY 01 budget does not take that concern seriously. The District is failing to take pennanent steps to address the lack of affordable housing, and as a result each year we face a crisis in the homeless services budget with short tenn, stop gap measures taken to keep the problem in check. Housing more than 400 families in expensive hotel rooms and at DC General is not a long tenn solution. Production of more affordable housing is essential. In the FY 01 budget there is a $0 million cut to the Housing Production Trust Fund following $18 million cut from the Fund in FY 01. The attached chart shows that the Trust Fund, the most flexible tool we have for creating long-tenn solutions to the District's affordable housing crisis, is on the road to extinction, with only $1.8 million available for production by FY 016 according to the Financial Plan. Having said that, we want to commend the Mayor for making restoration of the $0 million cut in FY 01 a high priority for restoration on the "Additional Revenue Contingency List" in the Budget Support Act. We call upon the Council to reaffinn its support for the Trust Fund by approving that high priority use of future revenue for the Trust Fund. In addition to the cut in funding to produce housing, there is a one-third reduction in the budget for the Home Purchase Assistance Program. The District has backed away from supporting low and moderate income residents who are seeking to purchase their first home. The budget for FY 01 has been reduced by $5 million, cutting HP AP funding by one-third. This follows on a series of cuts over the last five years that have reduced HP AP as shown on the attached chart from $5 million to $11.7 million. It is extremely unfortunate that his comes at a time when residents would otherwise have the opportunity to achieve stability in their housing by owning when interest rates and housing prices are lower, even as rents continue to rise. Further, the FY 01 budget does not provide for the production of additional housing in the Local Rent Supplement Program budget. Adding $ million to the sponsor based Rent Supplement Program would help to produce pennanent supportive housing for an additional 00 families with special needs at much less cost than the temporary measures currently being taken.

320 Lastly, we ask that the Council restore funding that was eliminated in the FY 01 budget for the Small Business Technical Assistance program. The $1.7 million budget for this program is one of the city's best investments, because it not only strengthens neighborhoods, but helps to create and maintain hundreds of jobs for DC residents. Thank you for this opportunity to testify. Attachments: Housing Production Trust Fund Analysis FIome Purchase Assistance Program Budgets - FY 008 to 01 CNHED's FY 01 Budget Request

321 Housing Production Trust Fund New Money Available for Production $(000) Dedicated Taxes 4,911 45,60 45,60 45,60 46,75 Less: Debt Service on New Communities Revenue Bonds -6,691-8, -10,878-1,56-15,990 Less: Transfer to DC Housing Authority -18,000,W69,j Net for HPTF Activities 18,0 17, ,865 10,416 Less: DHCD Admin Cost Budgeted (01101)' -5,59-8,648-8,648 : Ml;! -8,648 Available for Production 1,861 8,51 5,865,17 1,768 Sources: February 01 CFO Revenue Estimates FY 01 Budget Documents assumes FY 01 annual admin cost will remain the same through 016 Prepared by: Coalition for Nonprofit Housing & Economic Development Contact: Bob Pohlman; bpohlman@cnhed.org

322 ~_.. ~_~.~.,_ ~ k"_' _~~~ ~ ~~-~.-i..'_~j~_~~ 40 Home Purchase Assistance Program Budget ($ millions) 5'.0.. ~~---'.-.'-....'...,. "~""-.-.,-.,... ",--.. ~-",-,~---,-.--.-"'-.~ ~.. -~ ~.~ ~-_ _ "-~~'.~..-. -_.._-...,-~-- - ~.-~--- ~,----, -~~ ~ ~~..~~--,-~-~- ---~----,--,~-~""'~ I-''''-'---'-~--' ,.-.-'.,,, ,-.~~-.. -~..., ~-.-- ~. ---".. - ~ --_ ' ".~ _.'".,_.~.,--_-. '-. '~~'r~ "_ ~._~ ~-.~'.-'_ -~_,,~ '" _.' _...,. I _== 1~.j 10 5 o FY 008 FY 009 FY 010 FY 011 FY 01 FY 01 -~.~~-." ----'"'.-~.. --.~. "~-'-'---.-'~'~~'. ~-. --,~,,~ ==----~--.--""'--~.~,~ ~,~-~--,.'

323 "- CNHED Building Toward Housing for All by Investing in Permanent Solutions The FY 1 budget does not solve any ongoing, systemic problems. It does not provide resources to help people leave emergency shelter, it does not reduce pressures on homeless services, it does not reduce the DCHA waiting list, it reduces opportunities for homeownership, and it does not provide any new resources to create additional units of affordable housing for low-income residents of the District. District residents have highlighted the needs for affordable housing across the city and in the One City Summit where it was the number one participant concern. The Council must begin to address the housing crisis that District residents live with every day, by making investments right now across the Continuum of Housing. CNHED's recommendations are: Commit to funding the Housing Production Trust Fund. Maintain the commitment to fund the $0 million taken from the Housing Production Trust Fund in FYl with future revenue as proposed by Mayor Gray. Council must support the commitment of future revenue both in the spring budget vote, as well as when future revenue estimates are announced. This funding would provide up to 400 families with housing they can afford. Restore $18 million to the Trust Fund from FYl, making good on last spring's commitment. Affordable housing providers have projects ready to go that have been stalled by a lackof funding in FY 1. Funding those projects will begin to bring units online now, and relieve the unsustainable pressure on the affordable housing market. This funding would provide up to 60 families with housing they can afford. Fund permanent solutions to homelessness. Add $6 million to Housing First and the Local Rent Supplement Program to serve new people. A combination of short and long term housing options with supportive services is the effective way to permanently move people out of homelessness. Instead of using those tools, the District is relying on the costly approach of housing families who are homeless in hotels and at DC General. To address the need for a long term solution: o Add $ million to the local Rent Supplement Program for production of permanent housing with supportive services for 00 families and individuals not currently served. o Add $4 million for Housing First and other long term solutions to move 50 homeless families out of emergency housing. Fully fund the Home Purchase Assistance Program. Restore the $5 million needed to avoid running out of funds before the end of the year. Homeownership helps build family wealth and improves neighborhood stability, but DC has a very low homeownership rate. The Home Purchase Assistance Program has a proven track-record of providing lowincome families with the opportunity to become homeowners. HPAP has a lowerforeclosure rate than the regional average, due to homeownership training provided by non profits. This funding would help 15 families become first-time homeowners.

324 rill. CNHED Investing in Neighborhoods by Growing and Sustaining Small Businesses The FY 1 budget removes all dedicated funding for the Small Business Technical Assistance Program. This program allows the Department of Housing and Community Development to provide grants that fund community-based nonprofit organizations to provide technical assistance, support, and training to small and retail businesses in DC. The program is focused on neglected commercial corridors in low- and moderate-income areas. Neighborhoods benefitting from this investment include: Rhode Island Avenue, NE, Petworth, Mount Pleasant, Adams Morgan, Georgia Avenue, Congress Heights, Columbia Heights, Anacostia, and more. SBTA grant recipients provide individual entrepreneurs with business planning, micro-loan packaging, entrepreneurial assistance, and legal assistance. Grant recipients are also engaged in business attraction, business retention, and collective business support activities including the formation of business alliances, business corridor promotion, mass marketing, volume discount efforts, and collective space management. Grantees amplify the effects of their work by collaborating closely with DHCD, DSLBD, other government agencies, and each other to get the most out of every dollar to support small business in DC. Grantees help start, sustain, and strengthen local small businesses, which in turn create jobs, generate revenues, and pay taxes in the District. Local small businesses pay business and payroll taxes, create jobs for local employees who pay income taxes, and encourage neighborhood transformation. District government and residents have spoken out about the need for neighborhood serving retail, and it was a major theme in the results of the One City Summit attended by 1800 people. The Council has supported this program in the past, and DC communities need it to do so again. The Small Business Technical Assistance program helps stabilize neighborhoods, creates jobs, and helps keep needed tax revenue in the District. CNHED's recommendation for the FY 1 budget is: Restore the Small Business Technical Assistance budget of $1.77 million. Small Business Technical Assistance funding was zeroed out in the proposed FY 01 budget. Without this restoration there will be no guaranteed funding for this program to help small businesses create needed jobs and revenue.

325 DC Council Committee of the Whole Hearing on the FY01 Budget Request Act and Budget Support Act April 0, 01 Testimony of Patricia Mullahy Fugere, Executive Director Washington Legal Clinic for the Homeless Good afternoon Chairman Brown and members of the Council. My name is Patricia Mullahy Fugere. For more than 0 years, I have served as Executive Director of the Washington Legal Clinic for the Homeless, a not-for-profit legal services and advocacy organization working with residents of the District of Columbia who are homeless or at risk of becoming so. The Legal Clinic envisions a just and inclusive community for all residents of this great city, where housing is a human right and where every individual and family has equal access to the resources they need to thrive. A little more than three years ago, the DC Council declared the nation's capital to be a "Human Rights City." As on many issues, DC was a leader in doing so, the first US city to embrace formally the notion of human rights as the guiding principals towards which this community would strive. What a great moment of pride, to be part of a community that held up the importance of human dignity and freedom, of the right to assemble and speak freely and marry whomever we loved and wished to commit our life to. But we stopped short, and the budget on which you will be voting in several weeks falls perilously short, of giving the notion of "human rights" true and full meaning for all of this community's residents. Article 5 of the Universal Declaration of Human Rights declares that (l) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. () Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection. Why have we not as a community embraced this aspect of human rights? The proposed budget pulls support from parents who are desperate to be employable and who have been struggling to find a job, but who have not yet been able to do so in this volatile economy. It cuts back the safety net for a number of people with disabilities who are not able to work, who need a little bit of help, for a relatively short period oftime, while they await a determination on their application for federal benefits. It seriously compromises the ability of community organizations to bring significant private resources to the table to develop affordable housing for low- and no- income DC residents by backing down..