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District Of Columbia Council Bill B25-0580

District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0580 Compare Versions

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1- ENROLLED ORIGINAL
1+ ENGROSSED ORIGINAL
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6-1
7-AN ACT
8-
9-________________
10-
11-IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
12-
13-________________________
14-
15-
16-To amend, on a temporary basis, the District of Columbia Public Emergency Act of 1980 to
17-clarify the types of circumstances that may constitute a public emergency, to authorize
18-the Mayor to extend the duration of the public emergencies related to the opioid crisis
19-and juvenile crime, to authorize the Mayor to waive the requirements of Title IV of the
20-Procurement Practices Reform Act of 2010 in exercising her authority under the public
21-emergencies related to the opioid crisis and juvenile crime, and to require the Mayor to
22-provide written notice to the Council before engaging in conduct that would require the
23-waiver of Title IV of the Procurement Practices Reform Act of 2010; and to specify that a
24-new Office of Independent Juvenile Justice Facilities Oversight shall be established upon
25-the sunset of the operations of the current Office of Independent Juvenile Justice
26-Facilities Oversight.
27-
28-BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
29-act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension
30-Authorization Temporary Amendment Act of 2023”.
31-
32- Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981
33-(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows:
34- (a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase
35-“Outbreak of a communicable disease” and inserting the phrase “Outbreak of a communicable
36-disease, or significant existence of a deadly or otherwise dangerous disease, disorder, condition,
37-or activity,” in its place.
38- (b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-1)
39-to read as follows:
40- “(c-1)(1) Notwithstanding subsections (b) and (c) of this section, the Mayor may extend
41-the 15-day November 13, 2023, emergency executive order declaring a public emergency in
42-response to the opioid crisis (Mayor’s Order 2023-141) and the 15-day November 13, 2023,
43-emergency executive order declaring a public emergency in response to juvenile crime (Mayor’s
44-Order 2023-141) until February 15, 2024. After the extensions authorized by this subsection, the
45-Mayor may extend the emergency orders for additional 15-day periods pursuant to subsection (b)
46-or subsection (c) of this section. ENROLLED ORIGINAL
47-
48-
49-
50-
6+A BILL 1
517 2
52-“(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the Mayor
53-shall comply with all District laws when exercising her authority pursuant to Mayor’s Order
54-2023-141, including those laws stated in Mayor’s Order 2023-141 to be subject to waiver,
55-suspension, or modification; except, that the Mayor may waive the requirements of Title IV of
56-the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C.
57-Official Code § 2-354.01 et seq.).
58-“(3) The Mayor shall, prior to any exercise of the authority granted by this
59-subsection, provide written notice to the Council. Such notice shall include, at a minimum:
60- “(A) Citations to the law or laws being waived;
61- “(B) In any instance where the Mayor is waiving procurement laws, a
62-summary of each proposed procurement, which shall include:
63- “(i) A description of the specific goods or services to be procured;
64- “(ii) The source selection method, including whether the
65-procurement was competitively sourced;
66- “(iii) The contract amount and the source of funds, whether federal
67-or local;
68- “(iv) The name and certified business enterprise status of the
69-proposed awardee; and
70- “(v) An explanation regarding why expedited procurement
71-procedures are necessary to meet the specific need identified.”.
72-
73-Sec. 3. Office of Independent Juvenile Justice Facilities Oversight.
74-(a) Upon the sunset of the operations of the Office of Independent Juvenile Justice
75-Facilities Oversight (“predecessor Office”) pursuant to section VIII of Mayor’s Order 2020-115
76-issued November 13, 2020 (67 DCR 13813), or a succeeding Mayor’s Order, there shall be
77-established a new Office of Independent Juvenile Justice Facilities Oversight (“successor
78-Office”) in the executive branch of the District of Columbia government.
79-(b) All personnel, records, property, duties, structure, authorities and powers, dispute
80-resolution procedures, confidentiality and anti-retaliation procedures, and funding and
81-organization assigned to the predecessor Office pursuant to sections I, II, III, IV, V, VI, and VII
82-of Mayor’s Order 2020-115, shall be transferred to the successor Office.
83-(c) Notice of any request to reprogram successor Office funds made by the Executive to
84-the Chief Financial Officer shall be provided by the Chief Financial Officer to all Councilmembers
85-within 24 hours after the reprogramming is requested, regardless of the amount of funds intended
86-to be reprogrammed.
87-
88- Sec. 4. Applicability.
89- Section 2(a) shall apply as of November 13, 2023.
90-
91- ENROLLED ORIGINAL
92-
93-
94-
95-
96-3
97- Sec. 5. Fiscal impact statement.
98- The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact
99-statement required by section 4a of the General Legislative Procedures Act of 1975, approved
100-October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
101-
102- Sec. 6. Effective date.
103- (a) This act shall take effect following approval by the Mayor (or in the event of veto by
104-the Mayor, action by the Council to override the veto), a 30-day period of congressional review
105-as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved
106-December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the
107-District of Columbia Register.
108- (b) This act shall expire after 225 days of its having taken effect.
109-
110-
111-
112-______________________________
113-Chairman
114-Council of the District of Columbia
115-
116-
117-
118-
119-
120-_________________________________
121-Mayor
122-District of Columbia
123-
8+25-580 3
9+ 4
10+IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5
11+ 6
12+________________ 7
13+ 8
14+ 9
15+To amend, on a temporary basis, the District of Columbia Public Emergency Act of 1980 to 10
16+authorize the Mayor to extend the duration of public emergencies related to the opioid 11
17+crisis and juvenile crime and to clarify the types of diseases and other circumstances that 12
18+may constitute a public emergency. 13
19+ 14
20+BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 15
21+act may be cited as the “Opioid Crisis and Juvenile Crime Public Emergencies Extension 16
22+Authorization Temporary Amendment Act of 2023”. 17
23+ Sec. 2. The District of Columbia Public Emergency Act of 1980, effective March 5, 1981 18
24+(D.C. Law 3-149; D.C. Official Code § 7-2301 et seq.), is amended as follows: 19
25+ (a) Section 2(3)(I) (D.C. Official Code § 7-2301(3)(I)) is amended by striking the phrase 20
26+“Outbreak of a communicable disease” and inserting the phrase “Outbreak of a communicable 21
27+disease, or significant existence of a deadly or otherwise dangerous disease, disorder, condition, 22
28+or activity,” in its place. 23
29+ (b) Section 7 (D.C. Official Code § 7-2306) is amended by adding a new subsection (c-1) 24
30+to read as follows: 25
31+ “(c-1)(1) Notwithstanding subsections (b) and (c) of this section, the 26
32+Mayor may extend the 15-day November 13, 2023, emergency executive order declaring a 27
33+public emergency in response to the opioid crisis (Mayor’s Order 2023-141) and the 15-day 28
34+November 13, 2023, emergency executive order declaring a public emergency in response to 29 2
35+juvenile crime (Mayor’s Order 2023-141) until March 31, 2024 February 15, 2024. After the 30
36+extensions authorized by this subsection, the Mayor may extend the emergency orders for 31
37+additional 15-day periods pursuant to subsection (b) or (c) of this subsection. 32
38+ “(2) Notwithstanding section 5(b) (D.C. Official Code § 7-2304(b)), the 33
39+Mayor shall comply with all District laws when exercising her authority pursuant to Mayor’s 34
40+Order 2023-141, including those laws stated in Mayor’s Order 2023-141 to be subject to waiver, 35
41+suspension, or modification; except, that the Mayor may waive the requirements of the following 36
42+laws to respond to the emergencies declared in Mayor’s Order 2023-141: 37
43+ “(A) Title IV of the Procurement Practices Reform Act of 2010, 38
44+effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-354.01 et seq.). 39
45+ “(3) The Mayor shall, prior to any exercise of the authority granted by this 40
46+paragraph subsection, provide written notice to the Council. Such notice shall include, at a 41
47+minimum: 42
48+ “(A) Citations to the law or laws being waived; 43
49+ “(B) In any instance where the Mayor is waiving procurement 44
50+laws, a summary of each proposed procurement, which summary shall include: 45
51+ “(i) A description of the specific goods or services to be 46
52+procured; 47
53+ “(i) The source selection method, including whether the 48
54+procurement was competitively sourced; 49
55+ “‘(iii) The contract amount and the source of funds, 50
56+whether federal or local; 51
57+ “(iv) The name and certified business enterprise status of 52
58+the proposed awardee; and 53 3
59+ “(v) An explanation regarding why expedited procurement 54
60+procedures are necessary to meet the specific need identified.”. 55
61+Sec. 2a. Office of Independent Juvenile Justice Facilities Oversight. 56
62+(a) Upon the sunset of the operations of the Office of Independent Juvenile Justice 57
63+Facilities Oversight (“predecessor Office”) pursuant to section VIII of Mayor’s Order 2020-115 58
64+issued November 13, 2020 (67 DCR 13813) (“Mayor’s Order 2020-115”), or a succeeding 59
65+Mayor’s Order, there shall be established a new Office of Independent Juvenile Justice Facilities 60
66+Oversight (“successor Office”) in the executive branch of the District of Columbia government. 61
67+(b) All personnel, records, property, duties, structure, authorities and powers, dispute 62
68+resolution procedures, confidentiality and anti-retaliation procedures, and funding and 63
69+organization assigned to the predecessor Office pursuant to sections I, II, III, IV, V, VI, and VII 64
70+of Mayor’s Order 2020-115, shall be transferred to the successor Office. 65
71+(c) Notice of any request to reprogram successor Office funds made by the Executive to 66
72+the Chief Financial Officer shall be provided by the Chief Financial Officer to all Councilmembers 67
73+within 24 hours after the reprogramming is requested, regardless of the amount of funds intended 68
74+to be reprogrammed. 69
75+ Sec. 3. Applicability. 70
76+ Section 2(a) shall apply as of November 13, 2023. 71
77+ Sec. 4. Fiscal impact statement. 72
78+ The Council adopts the fiscal impact statement of the Chief Financial Officer as the fiscal 73
79+impact statement required by section 4a of the General Legislative Procedures Act of 1975, 74
80+approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 75
81+ Sec. 5. Effective date. 76 4
82+ (a) This act shall take effect following approval by the Mayor (or in the event of veto by 77
83+the Mayor, action by the Council to override the veto), a 30-day period of Congressional review 78
84+as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 79
85+December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the 80
86+District of Columbia Register. 81
87+ (b) This act shall expire after 225 days of its having taken effect. 82