District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0013 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	ENROLLED ORIGINAL
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6	1		1
7		-	AN ACT
8		-
9		-	__________
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11		-
12		-	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
13		-
14		-	____________________
15		-
16		-
17		-	To amend, on an emergency basis, due to congressional review, the Advisory Neighborhood
18		-	Commissions Act of 1975 to extend pandemic related provisions related to Advisory
19		-	Neighborhood Commissions, including pandemic election procedures to fill vacancies
20		-	on Advisory Neighborhood Commissions and authorization for Advisory
21		-	Neighborhood Commissions to meet remotely.
22		-
23		-	BE IT ENACTED BY THE COUN CIL OF THE DISTRICT OF COLUMBIA, That this
24		-	act may be cited as the “ Advisory Neighborhood Commissions Pandemic Provisions Extension
25		-	Congressional Review Emergency Amendment Act of 2023”.
26		-
27		-	Sec. 2. The Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976
28		-	(D.C. Law 1-58; D.C. Official Code § 1 -309.01 et seq. ) is amended as follows:
29		-	(a) Section 6(b) (D.C. Official Code § 1- 309.05(b)) is amended by adding new
30		-	paragraphs (3), (4), and (5) to read as follows:
31		-	“(3) Petition sheets circulated in support of a candidate shall be filed with the
32		-	Board in hard copy but may be electronically provided by the:
33		-	“(A) Board to the candidate;
34		-	“(B) Candidate to qualified petition circulators; or
35		-	“(C) Qualified petition circulator to the candidate;
36		-	“(4) Signatures on a petition sheet shall not be invalidated because the signer was
37		-	also the circulator of the same petition on which the signature appears; and
38		-	“(5)(A) If the election is for a member of an Advisory Neighborhood Commission
39		-	representing the single-member district containing the Central Detention Facility and
40		-	Correctional Treatment Facility:
41		-	“(i) The Board shall develop, and the Department of Corrections
42		-	shall distribute, lay-friendly educational materials for individuals in the Department of
43		-	Corrections’ care and custody about how to register to vote and how to vote, residency and
44		-	elections requirements to run for Advisory Neighborhood Commissioner, and the functions of an
45		-	Advisory Neighborhood Commission; and ENROLLED ORIGINAL
46		-
47		-
48		-
49		-
50		-	2
51		-	“(ii) The Department of Corrections shall facilitate the
52		-	transmission of petition sheets to any candidates who are in its care and custody, petition
53		-	circulation among the registered qualified electors in its care and custody, and transmission of
54		-	those petition sheets from candidates in its care and custody to the Board.” .
55		-	“(B) No Department of Corrections employee properly exercising their
56		-	duties pursuant to the requirements of subparagraph (A) of this paragraph shall have committed a
57		-	violation of the District’s Code of Conduct, as defined in section 101(7) of the Board of Ethics
58		-	and Government Accountability Establishment and Comprehensive Ethics Reform Amendment
59		-	Act of 2011, effective April 27, 2012 (D.C. Law 19- 124; D.C. Official Code § 1- 1161.01(7)), or
60		-	the Prohibition on Government Employee Engagement in Political Activity Act of 2010,
61		-	effective March 31, 2011 (D.C. Law 18-335; D.C. Official Code § 1- 1171.01 et seq. ).”.
	2	+	_______________________________ 1
	3	+	Councilmember Robert C. White, Jr. 2
	4	+	3
	5	+	4
	6	+	5
	7	+	6
	8	+	A BILL 7
	9	+	8
	10	+	__________ 9
	11	+	10
	12	+	11
	13	+	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 12
	14	+	13
	15	+	____________________ 14
	16	+	15
	17	+	16
	18	+	To amend, on an emergency basis, due to congressional review, the Advisory Neighbo rhood 17
	19	+	Commissions Act of 1975 to extend pandemic related provisions related to Advisory 18
	20	+	Neighborhood Commissions, including pandemic election procedures to fill vacancies 19
	21	+	on Advisory Neighborhood Commissions and authorization for Advisory 20
	22	+	Neighborhood Commissions to meet remotely. 21
	23	+	22
	24	+	BE IT ENACTED BY THE COUN CIL OF THE DISTRICT OF COLUMBIA, That this 23
	25	+	Act may be cited as the “Advisory Neighborhood Commissions Pandemic Provisions 24
	26	+	Congressional Review Emergency Amendment Act of 2023 ”. 25
	27	+	Sec. 2. The Advisory Neighborhood Commissions Act of 1975, effective March 26, 1976 26
	28	+	(D.C. Law 1-58; D.C. Official Code § 1 -309.01 et seq. ) is amended as follows: 27
	29	+	(a) Section 6(b) (D.C. Official Code § 1-309.05(b)) is amended by adding paragraphs (3) , 28
	30	+	(4), and (5) to read as follows: 29
	31	+	“(3) Petition sheets circulated in support of a candidate shall be filed with the 30
	32	+	Board in hard copy but may be electronically provided by the: 31
	33	+	“(A) Board to the candidate; 32
	34	+	“(B) Candidate to qualified petition circulators; and 33
	35	+	“(C) Qualified petition circulator to the candidate; 34 2
	36	+	“(4) Signatures on such petition sheets shall not be invalidated because the signer
	37	+	35
	38	+	was also the circulator of the same petition on which the signature appears; and 36
	39	+	“(5)(A) If the election is for a member of an Advisory Neighborhood Commission 37
	40	+	representing the single-member district containing the Central Detention Facility and 38
	41	+	Correctional Treatment Facility: 39
	42	+	“(I) The Board shall develop, and the Department of Corrections 40
	43	+	shall distribute, lay-friendly educational materials for individuals in the Department of 41
	44	+	Corrections’ care and custody about how to register to vote and how to vote , residency and 42
	45	+	elections requirements to run for Advisory Neighborhood Commisser, and the functions of an 43
	46	+	Advisory Neighborhood Commission; and 44
	47	+	“(II) The Department of Corrections shall facilitate the 45
	48	+	transmission of petition sheets to any candidates who are in its care and custody, petition 46
	49	+	circulation among the registered qualified electors in its care and custody, and transmission of 47
	50	+	those petition sheets from candidates in its care and custody to the Board.”. 48
	51	+	“(B) No Department of Corrections employee properly exercising their 49
	52	+	duties pursuant to the requirements of subparagraph (A) of this paragraph shall be found to have 50
	53	+	committed a violation of the District’s Code of Conduct, as defined in section 101(7) of the 51
	54	+	Board of Ethics and Government Accountability Establishment and Comprehensive Ethics 52
	55	+	Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19- 124; D.C. Official 53
	56	+	Code § 1- 1161.01(7)), or the Prohibition on Government Employee Engagement in Political 54
	57	+	Activity Act of 2010, effective March 31, 2011 (D.C. Law 18- 335; D.C. Official Code § 1-55
	58	+	1171.01 et seq. ), for so doing.”. 56 3
62	59		(b) Section 8(d)(6)(E) (D.C. Official Code § 1- 309.06(d)(6)(E) is amended to read as
63		-	follows:
64		-	“(E)(i) If the Board transmits a list of qualified candidates containing more
65		-	than one name, the affected Advisory Neighborhood Commission shall give notice at a public
66		-	meeting of a time and location, to be determined in consultation with the OANC, at which the
67		-	qualified registered electors of the affected single- member district shall vote to elect a
68		-	Commissioner. At the location selected, the affected Advisory Neighborhood Commission, in
69		-	consultation with the OANC, shall make in-person voting available to qualified registered
70		-	electors during at least a 4-hour time period. To vote, all qualified registered electors shall
71		-	display their voter identification card or, alternatively, be listed as a voter in the affected single-
72		-	member district on the Board’s voter registration list. Ballot counting shall be facilitated by at
73		-	least 2 representatives of the OANC, and the results shall be read aloud at the conclusion of the
74		-	selected time period by the Chairperson of the Advisory Neighborhood Commission, by such
75		-	Commissioner as the Chairperson shall designate, or in the event that the Office of the
76		-	Chairperson is vacant or there are no Commissioners present, by the presiding Commissioner at
77		-	the next regularly scheduled meeting of the Commission.
78		-	“(ii) Notwithstanding sub- subparagraph (i) of this subparagraph, if
79		-	the affected single- member district contains the Central Detention Facility and Correctional
80		-	Treatment Facility, the affected Advisory Neighborhood Commission, in consultation with the
81		-	OANC, shall make in-person voting available to qualified registered electors within the single-
82		-	member district who are n ot in the care and custody of the Department of Corrections, and the
83		-	Department of Corrections, in consultation with the affected Advisory Neighborhood
84		-	Commission and the OANC, shall make voting available to qualified electors in its care and
85		-	custody, including by distributing ballots to qualified electors listed as voters in the affected
86		-	single-member district on the voter registration list provided by the Board, collecting the ballots,
87		-	and transmitting the ballots to the Board for counting and transmission of the results to the
88		-	OANC and the affected Advisory N eighborhood Commission.”.
89		-	(c) Section 14(b) (D.C. Official Code § 1- 309.11(b)) is amended as follows:
90		-	(1) Paragraph (1A) is repealed. ENROLLED ORIGINAL
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95		-	3
96		-	(2) New paragraphs (1B) and (1C) are added to read as follows:
97		-	“(1B) If the Commission contains the Central Detention Facility and
98		-	Correctional Treatment Facility:
99		-	“(A) A Commissioner on that Commission shall be entitled to call
100		-	a meeting, remotely participate in that meeting, and vote on matters before the Commission,
101		-	through a teleconference or other electronic means identified by the Commission for this
102		-	purpose;
103		-	“(B) Commissioners in the care and custody of the Department of
104		-	Corrections in the Central Detention Facility or the Correctional Treatment Facility shall be
105		-	permitted to participate in meetings and vote on matters before the Commission remotely; and
106		-	“(C) Commissioners on that Commission who are physically or
107		-	electronically present shall be counted toward the determination of a quorum.
108		-	“(1C) Notwithstanding any other provision of law, an Advisory
109		-	Neighborhood Commissioner may call a meeting and remotely participate in that meeting and
110		-	vote on matters before the Commission without being physically present through a
111		-	teleconference or through digital means identified by the Commission for this purpose. Members
112		-	physically or remotely present shall be counted for determination of a quorum.”.
113		-
114		-	Sec. 3. Fiscal i mpact s tatement.
115		-	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
116		-	statement required by section 4a of the General Legislative Procedures Act of 1975, approved
117		-	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a).
118		-
119		-	Sec. 4. Effective date.
120		-	This act shall take effect following approval by the Mayor (or in the event of veto by the
121		-	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than
122		-	90 days, as provided for emergency acts of the Council of the District of Columbia in section
123		-
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125		-
126		-
127		-
128		-
129		-
130		-
131		-
132		-
133		-
134		-	ENROLLED ORIGINAL
135		-
136		-
137		-
138		-
139		-	4
140		-	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788;
141		-	D.C. Official Code § 1- 204.12(a)).
142		-
143		-
144		-
145		-	______________________________
146		-	Chairman
147		-	Council of the District of Columbia
148		-
149		-
150		-
151		-
152		-	_________________________________
153		-	Mayor
154		-	District of Columbia
155		-
156		-
	60	+	57
	61	+	follows: 58
	62	+	“(E)(i) If the Board transmits a list of qualified candidates containing more 59
	63	+	than one name, the affected Advisory Neighborhood Commission shall give notice at a public 60
	64	+	meeting of a time and location, to be determined in consultation with OANC, at which the 61
	65	+	qualified registered electors of the affected single-member district shall vote to elect a 62
	66	+	Commissioner. At the location selected, the affected Advisory Neighborhood Commission, in 63
	67	+	consultation with the OANC, shall make in-person voting available to qualified registered 64
	68	+	electors during at least a 4-hour time period. To vote, all qualified registered electors shall 65
	69	+	display their voter identification card or, alternatively, be listed as a voter in the affected single-66
	70	+	member district on the Board’s voter registration list. Ballot counting shall be facilitated by at 67
	71	+	least 2 representatives of the OANC, and the results shall be read aloud at the conclusion of the 68
	72	+	selected time period by the Chairperson of the Advisory Neighborhood Commission, by such 69
	73	+	Commissioner as the Chairperson shall designate, or in the event th at the Office of the 70
	74	+	Chairperson is vacant or there are no Commissioners present, by the presiding Commissioner at 71
	75	+	the next regularly scheduled meeting of the Commission. 72
	76	+	“(ii) Notwithstanding sub- sub-subparagraph (i) of this sub-73
	77	+	subparagraph, if the affected single-member district contains the Central Detention Facility and 74
	78	+	Correctional Treatment Facility, the affected Advisory Neighborhood Commission, in 75
	79	+	consultation with the OANC, shall make in-person voting available to qualified registered 76
	80	+	electors within the single-member d istrict who are not in the care and custody of the Department 77
	81	+	of Corrections, and the Department of Corrections, in consultation with the affected Advisory 78
	82	+	Neighborhood Commission and the OANC, shall make voting available to qualified electors in 79 4
	83	+	its care and custody, including by distributing ballots to qualified electors listed as voters in the
	84	+	80
	85	+	affected single-member district on the voter registration list provided by the Board, collecting the 81
	86	+	ballots, and transmitting the ballots to the Board for counting and transmission of the results to 82
	87	+	OANC and the affected Advisory N eighborhood Commission.”. 83
	88	+	(c) Section 14(b) (D.C. Official Code § 1-309.11(b)) is amended as follows: 84
	89	+	(1) Paragraph (1A) is repealed. 85
	90	+	(2) A new paragraph (1B) is added to read as follows: 86
	91	+	“(1B) If the Commission contains the Central Detention Facility and 87
	92	+	Correctional Treatment Facility: 88
	93	+	“(A) A Commissioner on that Commission shall be entitled to call 89
	94	+	a meeting, remotely participate in that meeting, and vote on matters before the Commission, 90
	95	+	through a teleconference or other electronic means identified by the Commission for this 91
	96	+	purpose; 92
	97	+	“(B) Commissioners in the care and custody of the Department of 93
	98	+	Corrections in the Central Detention Facility or the Correctional Treatment Facility shall be 94
	99	+	permitted to participate in meetings and vote on matters before the Commission remotely; and 95
	100	+	“(C) Commissioners on that Commission who are physically or 96
	101	+	electronically present shall be counted toward the determination of a quorum.”. 97
	102	+	(2) A new paragraph (1C) is added to read as follows: 98
	103	+	“(1C) Notwithstanding any other provision of law, an Advisory Neighborhood 99
	104	+	Commissioner may call a meeting and remotely participate in that meeting and vote on matters 100
	105	+	before the Commission without being physically present through a teleconference or through 101 5
	106	+	digital means identified by the Commission for this purpose. Members physically or remotely
	107	+	102
	108	+	present shall be counted for determination of a quorum.”. 103
	109	+	Sec. 3. Fiscal i mpact s tatement. 104
	110	+	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 105
	111	+	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 106
	112	+	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 107
	113	+	Sec. 4. Effective date . 108
	114	+	This act shall take effect following approval by the Mayor (or in the event of veto by the 109
	115	+	Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 110
	116	+	90 days, as provided for emergency acts of the Council of the District of Columbia in section 111
	117	+	412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; 112
	118	+	D.C. Official Code § 1- 204.12(a)). 113