District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0601 Compare Versions

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