8 | | - | AN ACT |
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9 | | - | |
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10 | | - | ________________ |
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11 | | - | |
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12 | | - | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA |
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13 | | - | |
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14 | | - | ____________________ |
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15 | | - | |
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16 | | - | |
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17 | | - | To amend, on a temporary basis, the District of Columbia Public Records Management Act of |
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18 | | - | 1985 to clarify that communications created or received electronically in the course of |
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19 | | - | official business are subject to existing record-retention obligations. |
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20 | | - | |
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21 | | - | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this |
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22 | | - | act may be cited as the “Fidelity in Access to Government Communications Clarification Second |
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23 | | - | Temporary Amendment Act of 2023”. |
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24 | | - | |
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25 | | - | Sec. 2. The District of Columbia Public Records Management Act of 1985, effective |
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26 | | - | September 5, 1985 (D.C. Law 6-19; D.C. Official Code § 2-1701 et seq.), is amended as follows: |
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27 | | - | (a) Section 2(13) (D.C. Official Code § 2-1701(13)) is amended by striking the phrase |
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28 | | - | “electronic mail” and inserting the phrase “electronic mail or other communications transmitted |
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29 | | - | electronically, including through any electronic messaging service or mobile messaging |
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30 | | - | application” in its place. |
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31 | | - | (b) Section 7(a)(1) (D.C. Official Code § 2-1706(a)(1)) is amended as follows: |
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32 | | - | (1) Strike the phrase “official business” and insert the phrase “official business, |
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33 | | - | including records created or received electronically,” in its place. |
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34 | | - | (2) Strike the phrase “in any manner” and insert the phrase “in any manner, |
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35 | | - | including through the enabling of settings on electronic devices that allow for the non-retention |
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36 | | - | or automatic deletion of records” in its place. |
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37 | | - | |
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38 | | - | Sec. 3. Applicability. |
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39 | | - | This act shall apply as of March 24, 2023. |
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40 | | - | |
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41 | | - | Sec. 4. Fiscal impact statement. |
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42 | | - | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact |
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43 | | - | statement required by section 4a of the General Legislative Procedures Act of 1975, approved |
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44 | | - | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). |
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45 | | - | |
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46 | | - | ENROLLED ORIGINAL |
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| 8 | + | A BILL 1 |
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| 9 | + | 2 |
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| 10 | + | 25-601 |
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| 11 | + | 3 |
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| 12 | + | 4 |
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| 13 | + | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 5 |
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| 14 | + | 6 |
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| 15 | + | ____________________ 7 |
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| 16 | + | 8 |
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| 17 | + | 9 |
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| 18 | + | To amend, on a temporary basis, the District of Columbia Public Records Management Act of 10 |
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| 19 | + | 1985 to clarify that communications created or received electronically in the course of 11 |
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| 20 | + | official business are subject to existing record-retention obligations. 12 |
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| 21 | + | 13 |
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| 22 | + | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 14 |
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| 23 | + | act may be cited as the “ Fidelity in Access to Government Communications Clarification Second 15 |
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| 24 | + | Temporary Amendment Act of 2023”. 16 |
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| 25 | + | Sec. 2. The District of Columbia Public Records Management Act of 1985, effective 17 |
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| 26 | + | September 5, 1985 (D.C. Law 6- 19; D.C. Official Code § 2- 1701 et seq.), is amended as follows: 18 |
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| 27 | + | (a) Section 2(13) (D.C. Official Code § 2- 1701(13)) is amended by striking the phrase 19 |
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| 28 | + | “electronic mail” and inserting the phrase “electronic mail or other communications transmitted 20 |
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| 29 | + | electronically, including through any electronic messaging service or mobile messaging 21 |
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| 30 | + | application” in its place. 22 |
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| 31 | + | (b) Section 7(a)(1) (D.C. Official Code § 2- 1706(a)(1)) is amended as follows: 23 |
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| 32 | + | (1) Strike the phrase “official business” and insert the phrase “official business, 24 |
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| 33 | + | including records created or received electronically,” in its place. 25 |
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| 34 | + | (2) Strike the phrase “in any manner” and insert the phrase “in any manner, 26 ENGROSSED ORIGINAL |
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53 | | - | Sec. 5. Effective date. |
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54 | | - | (a) This act shall take effect following approval by the Mayor (or in the event of veto by |
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55 | | - | the Mayor, action by the Council to override the veto), a 30-day period of congressional review |
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56 | | - | as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December |
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57 | | - | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of |
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58 | | - | Columbia Register. |
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59 | | - | (b) This act shall expire after 225 days of its having taken effect. |
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60 | | - | |
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61 | | - | |
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62 | | - | |
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63 | | - | ______________________________ |
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64 | | - | Chairman |
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65 | | - | Council of the District of Columbia |
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66 | | - | |
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67 | | - | |
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68 | | - | |
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69 | | - | |
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70 | | - | |
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71 | | - | _________________________________ |
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72 | | - | Mayor |
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73 | | - | District of Columbia |
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74 | | - | |
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75 | | - | |
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76 | | - | |
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77 | | - | |
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| 41 | + | including through the enabling of settings on electronic devices that allow for the non- retention 27 |
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| 42 | + | or automatic deletion of records” in its place. 28 |
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| 43 | + | Sec. 3. Applicability. 29 |
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| 44 | + | This act shall apply as of the effective date of the Fidelity in Access to Government 30 |
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| 45 | + | Communications Clarification Emergency Amendment Act of 2023, effective March 24, 2023 31 |
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| 46 | + | (D.C. Act 25-0056; 70 DCR 3809). 32 |
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| 47 | + | Sec. 4. Fiscal impact statement. 33 |
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| 48 | + | The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 34 |
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| 49 | + | statement required by section 4a of the General Legislative Procedures Act of 1975, approved 35 |
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| 50 | + | October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1- 301.47a). 36 |
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| 51 | + | Sec. 5. Effective date. 37 |
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| 52 | + | (a) This act shall take effect following approval by the Mayor (or in the event of veto by 38 |
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| 53 | + | 58 the Mayor, action by the Council to override the veto), a 30-day period of congressional 39 |
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| 54 | + | review 59 as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved 40 |
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| 55 | + | December 60 24, 1973 (87 Stat. 813; D.C. Official Code § 1- 206.02(c)(1)), and publication in 41 |
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| 56 | + | the District of 61 Columbia Register. 62 42 |
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| 57 | + | (b) This act shall expire after 225 days of its having taken effect. 43 |
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