COUNCIL OF THE DISTRICT OF COLUMBIA OFFICE OF COUNCILMEMBER BROOKE PINTO THE JOHN A. WILSON BUILDING 1350 PENNSLYVANIA AVENUE, N.W., SUITE 106 WASHINGTON, D.C. 20004 January 12, 2023 Nyasha Smith, Secretary Council of the District of Columbia 1350 Pennsylvania Avenue, N.W. Washington, DC 20004 Dear Secretary Smith, Today, along with Councilmembers Anita Bonds, Christina Henderson, Brianne K. Nadeau, Janeese Lewis George, Vincent C. Gray, Robert C. White, Jr., Matthew Frumin, and Zachary Parker, I am re-introducing the “HIV In-home Test Tax Exemption Amendment Act of 2023.” Please find enclosed a signed copy of the legislation. This legislation would exempt sales of HIV in-home tests from taxation. Eleven years ago, the Food and Drug Administration approved a new HIV in-home test that for the first time made it possible for Americans to learn in the privacy of their homes whether they carried the HIV virus. The availability of an HIV test as easy to use as a home-pregnancy kit was yet another step in the normalization of a disease that was once seen as a mark of shame and a death sentence. However, with the availability of antiretroviral drugs for many years, knowledge of one’s HIV status and the beginning of an antiretroviral regime has dramatically lowered the chance that an individual will transmit the virus to someone else or become ill with AIDS. HIV testing and treatment have become crucial to HIV prevention and public health. HIV in-home tests cost between $40 and $70, a significant amount of money for many District residents. By exempting HIV in-home test from taxes, this bill will help make HIV in-home tests more accessible to District residents. By doing so, we will help prevent the spread of HIV. Should you have any questions about this legislation, please contact my Legislative Counsel, Kristin Ewing, at kewing@dccouncil.gov. Thank you, Brooke Pinto ________________________________ ________________________________ Councilmember Anita Bonds Councilmember Brooke Pinto ________________________________ ________________________________ Councilmember Brianne K. Nadeau Councilmember Christina Henderson ________________________________ ________________________________ Councilmember Vincent C. Gray Councilmember Janeese Lewis George ________________________________ ________________________________ Councilmember Matthew Frumin Councilmember Robert C. White, Jr. ________________________________ Councilmember Zachary Parker A BILL 1 2 _____ 3 4 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 6 7 ______________________ 8 9 To amend section 47-2005 of the District of Columbia Official Code to exempt sales of HIV 10 in-home tests from taxation. 11 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 12 act may be cited as the “HIV In-home Test Tax Exemption Amendment Act of 2023”. 13 Sec. 2. Section 47-2005 of the District of Columbia Official Code is amended by adding 14 a new paragraph (41) to read as follows: 15 “(41) Sales of human immunodeficiency virus (“HIV”) in-home tests.”. 16 Sec. 3. Applicability. 17 2 (a) Section 3 of this act shall take effect subject to the inclusion of its fiscal effect in an 18 approved budget and financial plan. 19 (b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in 20 an approved budget and financial plan, and provide notice to the Budget Director of the Council 21 of the certification. 22 (c)(1) The Budget Director shall cause the notice of the certification to be published in 23 the District of Columbia Register. 24 (2) The date of publication of the notice of the certification shall not affect the 25 applicability of this act. 26 Sec. 4. Fiscal impact statement. 27 The Council adopts the fiscal impact statement in the committee report as the fiscal 28 impact statement required by section 4a of the General Legislative Procedures Act of 1975, 29 approved October 16, 2006 (12 Stat. 2038; D.C. Official Code § 1-301.47a). 30 Sec. 5. Effective date. 31 Sec. 2. This act shall take effect following approval by the Mayor (or in the event of veto 32 by the Mayor, action by the Council to override the veto), a 30-day period of congressional 33 review as provided in section 602(c)(l) of the District of Columbia Home Rule Act, approved 34 December 24, 1973 (87 Stat. 813; D.C. Official Code§ l-206.02(c)(l)), and publication in the 35 District of Columbia Register. 36