Fiscal Year 2001 Budget SupportAct of 2000Bill 13-679

Written by

Updated: 02:08 pm UTC, 14/10/2024

Chairman Cropp at the
request of the Mayor

A BILL IN THE COUNCIL OF THE
DISTRICT OF COLUMBIA

Chairman Cropp, at the request of the Mayor, introduced the
following bill, which was referred to the Committee of the Whole.

To amend the District of Columbia Procurement Practices Act of
1985 to streamline Council review and approval of multiyear contracts and contracts in
excess of $1 million; to amend the Victims of Violent Crime Compensation Act of 1996 to
clarify, modify and add categories of reimbursable expenses; to expand the definition of
victim; to clarify the crimes of violence for which compensation is available; to clarify
that the receipt of crime victims compensation funds shall not affect eligibility for
other public benefits; to authorize the transfer at the end of each fiscal year excess
amounts from the Crime Victims Compensation Fund to the victims assistance grants agency
for the purpose of victims assistance; and to provide for annual audit of the Crime
Victims Compensation Fund; to authorize incentives for employees who choose to participate
in the early out and easy out retirement program; to establish review criteria for
expending the $150 million reserve fund and to set forth the expenditures which shall be
funded from the fund; to reorganize the responsibility for tree maintenance from the
Department of Public Works to the Department of Parks and Recreation; to amend section 320
of the District of Columbia Procurement Practices Act of 1985 ("Act") to exempt
the District of Columbia Board of Education from the Act; and to make conforming
amendments to other statutes that govern procurement by the Board of Education; to
authorize the return of revenue from the disposal of excess police vehicles to the
Metropolitan Police Department for the purchase of replacement vehicles; to establish a
Bureau of Community Hygiene in the Department of Health, to provide for a rodent control
enterprise fund, and to amend other statutes and regulations that govern rodent control;
to establish a Citywide Call Center; to authorize the Mayor to adjust the Attorney
Retention Allowance to conform as close as possible with the pay of federal government
attorneys; to amend the Rental Housing Act Extension Amendment Act of 2000 to provide for
its termination on December 31, 2004; and to authorize the lateral transfer of emergency
medical technicians and paramedics employed by the D.C. Fire and Emergency Medical
Services Department to the firefighting division and to allow such transferred employees
to elect coverage under the District of Columbia’s Police Officers and Firefighters
Retirement Benefit Replacement Plan; to amend the Policemen and Firemen’s Retirement and
Disability Act to allow prior District of Columbia government service to be credited
toward retirement; and to amend the District of Columbia Police and Firemen’s Salary Act
of 1958 to allow prior District of Columbia government service to be credited toward
longevity pay.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
this act may be cited as the "Fiscal Year 2001 Budget Support Act of 2000".

TITLE I. COUNCIL REVIEW OF CONTRACTS

Sec. 101. Short title. This title may be cited as the
"Establishment of Criteria for Council Review of Contracts Amendment Act of
2000".

Sec. 102. Section 105a(j)(5) of the District of Columbia
Procurement Practices Act of 1985, effective March 8, 1991 (D.C. Law 8-257; D.C. Code §
11181.5a(j)(5)), is amended by striking "December 31, 2000" and inserting
"January 31, 2003" in its place.

Sec. 103. Fiscal impact statement. The fiscal impact of this
title shall be positive because it will facilitate more timely and efficient procurement
of goods and services by the District government.

TITLE II. VICTIMS OF VIOLENT CRIME COMPENSATION

Sec. 201. Short title.

That this act may be cited as the "Victims of Violent
Crime Compensation Amendment Act of 2000".

Sec. 202. Section 2 of the Victims of Violent Crime
Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code § 3-421 et
seq.) is amended as follows:

(a) By striking the "and" before the phrase
"Public Employees’ Disability Compensation" in paragraph (3)(B) and inserting
before the semi-colon the phrase", the Department of Human Services, the Department
of Health, the Child and Family Services Agency, and Court Social Services";

(b) By inserting the phrase "assault with a dangerous
weapon, aggravated assault, assault on a police officer, assault with intent to kill,
assault with intent to commit any offense, burglary, stalking, threats," after the
word "assault," in paragraph (6).

(i) By striking the phrase ", except for pain and
suffering" in the matter preceding subparagraph (A);
(ii) By striking the word "Funeral" and inserting
the phrase "Reasonable funeral" in its place in subparagraph (B);
(iii) By striking the phrase ", not exceeding $3,000 per
death" immediately before the semicolon in subparagraph (B);
(iv) By striking the phrase "In the case of battered
partners or children, the" and inserting "The reasonable" in its place in
subparagraph (C);
(v) By inserting the phrase "food and" before the
word "housing" in subparagraph (C);
(vi) By striking the number "90" and inserting the
number "120" in its place in subparagraph (C);
(vii) By inserting the word "reasonable" before the
word "cost" in subparagraph (H); and
(viii) By striking the phrase ", not exceeding $1,000;
and" and inserting a semicolon in its place in subparagraph (H); and
(ix) By inserting new subparagraphs (J) through (M) to read as
follows:
"(J) The reasonable cost of replacing doors, windows,
locks or other items to secure the victim’s home or other place of residence;
"(K) The reasonable cost of a rental car for the period
of time that an automobile is being held by the police as evidence or to collect evidence;
"(L) Reasonable moving expenses where necessary for
health or safety; and
"(M) Reasonable transportation expenses incurred by the
victim or secondary victim to participate in court proceedings, to participate in the
investigation or prosecution of the case, or to obtain the services described in
paragraphs 7(A), (F), or (G) or paragraph (9) of this subsection, or to obtain any other
services required as a direct result of the crime.";

(d) By inserting a new paragraph (7-1) to read as follows:

"(7-1) Economic loss does not mean:
"(A) pain and suffering;
"(B) the value of any property damaged or taken during
the crime; or
"(C) any services not described in paragraph (7)."

(e) By amending paragraph (13) as follows:

(1) By striking the phrase "natural born" and
inserting the word "biological" in its place in subparagraph (A);
(2) By striking the word "or" after the semicolon in
subparagraph (C); and
(3) By inserting new subparagraphs (E) and (F) to read as
follows:
"(E) Person with close ties to the victim; or
"(F) Person who witnessed the crime."; and

(f) By adding a new paragraph at the end to read as follows:

"(15) "Victims assistance grants agency" means
the District of Columbia agency that is responsible for the administration of federal
funds received for crime victims assistance under the Victims of Crime Act.

Sec. 203. Section 7(c) of the Victims of Violent Crime
Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code §3-426 et
seq.) is amended as follows:

(a) By striking the phrase "or domestic abuse" and
inserting the phrase ", domestic violence, or cruelty to children" after the
word "conduct" in the matter preceding paragraph (1);

(b) By striking the word "abuse" and inserting the
word "violence" in paragraph

(d) By striking the period at the end of paragraph (2) and
inserting ", and"; and

(e) By adding a new paragraph (3) to read as follows:

"(3) In the case of the victim of cruelty to children,
satisfy the reporting requirement by the filing of a neglect petition by the District of
Columbia in the Superior Court."

Sec. 204. Section 8 of the Victims of Violent Crime
Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code §3-427 et
seq.) is amended as follows:

(a) By inserting the phrase "per victimization"
before the period in subsection (b); and

(b) By adding a new subsection (g) to read as follows:

"(g) Eligibility for public benefits shall not be
affected by the receipt of crime victims compensation funds."

Sec. 205. Section 16(b)-(f) of the Victims of Violent Crime
Compensation Act of 1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code
§3-435(b)-(f)) is amended to read as follows:

"(b) Monies in the Compensation Fund shall consist of all
funds transferred from the Department of Human Services on April 9, 1997, any
appropriations to the Compensation Fund under § 19 (D.C. Code § 3-438), assessments
imposed under §17 (D.C. Code §3-436), monies recovered through subrogation or repayment
under §§ 10, 11, and 14 (D.C. Code §§3-429, 3-430, and 3-433), costs assessed under
the Victims of Violent Crime Compensation Act of 1981 that are collected after April 9,
1997, any other fines, fees, penalties, forfeitures, or assessments that the District of
Columbia Courts receive, and monies received from the federal government or other public
or private sources for the purpose of the Fund.
"(c) Any unobligated balance in excess of 10% of the
current year’s pay out or $250,000 whichever is greater existing in the Fund at the end of
each fiscal year (beginning with fiscal year 2000) shall be transferred to the victims
assistance grants agency not later than 30 days after the end of the fiscal year for the
purpose of victims assistance.
"(d) The Superior Court of the District of Columbia shall
arrange for an annual independent audit of the Fund. The audit shall include the number of
claims satisfied in each fiscal year and the respective amounts awarded; the number and
status of all pending claims; the unexpended balance in the Fund to be transferred to the
victims assistance grants agency pursuant to subsection (c); and the number of personnel
positions and amount of personnel funding and other administrative costs of the Crime
Victims Compensation Program.
"(e) All compensation and attorneys’ fees awarded under
this chapter and administrative costs necessary to carry out this chapter shall be paid
from, and subject to, the availability of monies in the Fund. All amounts which are
required to be transferred to the victims assistance grants agency for the purpose of
victims assistance pursuant to subsection (c) shall be paid from monies in the
Fund.".

Sec. 206. The Victims of Violent Crime Compensation Act of
1996, effective April 9, 1997 (D.C. Law 11-243; D.C. Code §3-421 et seq.) is amended by
adding at the end the following new section:

"Section 20. Crime Victims Assistance
"(a) The victims assistance grants agency shall have the
authority to utilize the funds transferred pursuant to section 16(c) to award grants and
contracts to private nonprofit organizations and to transfer funds to government entities
which provide assistance to crime victims.
"(b) The Auditor of the District of Columbia shall
perform an annual audit of the use of the funds under this section. The audit shall
include the number of grants, contracts and transfers in each fiscal year and the
respective amounts awarded or transferred; the number of crime victims assisted through
each grant, contract or transfer and the kinds of assistance rendered; and the number of
personnel positions and amount of personnel funding and other administrative costs
involved in carrying out this section.".

Sec. 207. Fiscal impact statement.

The Council adopts the fiscal impact statement in the
committee report as the fiscal impact statement required by section 602(c)(3) of the
District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §
1-233(c)(3)).

TITLE III. EARLY OUT RETIREMENT INCENTIVE

Sec. 301. Short title.

This title may be cited as the "Early Out Retirement
Incentive Act of 2000".

Sec. 302. Early out retirement incentive.

(a) Notwithstanding section 1106 of the District of Columbia
Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law
2139; D.C. Code § 1-612.6), the Council of the District of Columbia adopts changes to the
Career and Excepted Service compensation system under section 1104 of the District of
Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979
(D.C. Law 2-139; D.C. Code § 1-612.4), that authorize the Mayor to establish a retirement
incentive program for certain District employees.

(b) The changes to the compensation system are as follows:

(1) The Mayor is authorized to establish an early out
retirement incentive program ("Early Out Program") which shall apply to eligible
employees under the personnel authority of the Mayor, and employees of any other personnel
authority that is under the pay authority of the Mayor if the personnel chooses to
participate in the Early Out Program.
(2) The Early Out Program shall be limited to employees
retiring under the voluntary early out provisions of 5 U.S.C. §8336(d)(2).
(3) The Early Out Program shall offer a retirement incentive
of 50% of an employees annual rate of basic pay from the employee’s salary or pay schedule
which was in effect on October 1, 2000, not to exceed $30,000, to be paid within 1 year of
the employee’s retirement.
(4) Retirement incentive payments shall be prorated in the
case of a part-time employee.
(5) Retirement incentive payments shall not be considered
basic pay for computing retirement entitlement, insurance entitlement, any category of
premium pay entitlement, lump-sum leave, or any other entitlement that is computed on
basic pay.
(6) No incentive payments shall be paid to:
(A) An employee retiring under the law enforcement or
firefighter provisions of 5 U.S.C. §8336(c), the discontinued service/involuntary
retirement provisions of 5 U.S.C. §8336(d)(1), or the disability retirement provisions of
5 U.S.C. §8337;
(B) An employee who is a reemployed annuitant under the
provisions of 5 U.S.C. §8344;
(C) An employee who is in a critical position as defined by
regulations promulgated by the Mayor;
(D) An employee who is a sworn member of the Metropolitan
Police Department or the Fire and Emergency Medical Services Department;
(E) An employee who, for charges related to his or her
employment duties, is under indictment for a felony, who has been convicted of a felony,
or who plead guilty to a felony or who has been convicted after a plea of nolo contendere
to a felony; or
(F) An employee who, based on conduct related to his or her
employment duties, has been convicted of a misdemeanor or who has plead guilty or has been
convicted after a plea of nolo contendere to a misdemeanor.
(7) [number does not exist]
(8) For the purposes of paragraph (7)(E) of this subsection,
the term "felony" means a crime for which the penalty is at least imprisonment
for 1 year or a fine of at least $1,000.
(9) An employee who receives an incentive payment under the
Early Out Program shall not be eligible for reemployment with the District government for
5 years from the date of retirement, or hired or retained as a sole source consultant or
personal services contractor for 5 years from the date of retirement.

Sec. 303. Fiscal impact statement.

TITLE IV. EASY OUT RETIREMENT INCENTIVE

Sec. 401. Short title.

This title may be cited as the "Early Out Retirement
Incentive Act of 2000".

Sec. 402. Easy out retirement incentive.

(a) Notwithstanding section 1106 of the District of Columbia
Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law
2-139; D.C. Code §1-612.6), the Council of the District of Columbia adopts changes to the
Career and Excepted Service compensation system under section 1104 of the District of
Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979
(D.C. Law 2-139; D.C. Code §1-612.4), that authorize the Mayor to establish a retirement
incentive program for certain District employees.

(b) The changes to the compensation system are as follows:

(1) The Mayor is authorized to establish an easy out
retirement incentive program ("Easy Out Program") which shall apply to eligible
employees under the personnel authority of the Mayor, and employees of any other personnel
authority that is under the pay authority of the Mayor if the personnel chooses to
participate in the Easy Out Program.
(2) The Easy Out Program shall be limited to employees
retiring under the optional retirement provisions of 5 U.S.C. §8336(a), (b), or (f).
(3) The Easy Out Program shall offer a retirement incentive of
50% of an employees annual rate of basic pay from the employee’s salary or pay schedule
which was in effect on October 1, 2000, not to exceed $30,000, to be paid within 1 year of
the employee’s retirement.
(4) Retirement incentive payments shall be prorated in the
case of a part-time employee.
(5) Retirement incentive payments shall not be considered
basic pay for computing retirement entitlement, insurance entitlement, any category of
premium pay entitlement, lump-sum leave, or any other entitlement that is computed on
basic pay.
(6) No incentive payments shall be paid to:
(A) An employee retiring under the law enforcement or
firefighter provisions of 5 U.S.C. §8336(c), the discontinued service/involuntary
retirement provisions of 5 U.S.C. § 8336(d)(1), or the disability retirement provisions
of 5 U.S.C. §8337;
(B) An employee who is a reemployed annuitant under the
provisions of 5 U.S.C. §8344;
(C) An employee who is in a critical position as defined by
regulations promulgated by the Mayor;
(D) An employee who is a sworn member of the Metropolitan
Police Department or the Fire and Emergency Medical Services Department;
(E) An employee who, for charges related to his or her
employment duties, is under indictment for a felony, who has been convicted of a felony,
or who plead guilty to a felony or who has been convicted after a plea of nolo contendere
to a felony; or
(F) An employee who, based on conduct related to his or her
employment duties, has been convicted of a misdemeanor or who has plead guilty or has been
convicted after a plea of nolo contendere to a misdemeanor.
(7) [number does not exist]
(8) For the purposes of paragraph (7)(E) of this subsection,
the term "felony" means a crime for which the penalty is at least imprisonment
for 1 year or a fine of at least $1,000.
(9) An employee who receives an incentive payment under the
Easy Out Program shall not be eligible for reemployment with the District government for 5
years from the date of retirement, or hired or retained as a sole source consultant or
personal services contractor for 5 years from the date of retirement.

Sec. 403. Fiscal impact statement.

TITLE V. EXPENDITURE CRITERIA FOR THE $150 MILLION RESERVE
FUND

Sec. 501. Short title.

This title may be cited as the "Expenditure Criteria for
the $150 Million Reserve Fund Act of 2000".

Sec. 502. (a) Pursuant to section 2020) of the District of
Columbia Financial Responsibility and Management Assistance Act of 1995, approved April
19, 1995 (Pub. L. 104-8; D.C. Code § 47-392.2), the District shall have a reserve in the
amount of $150 million ("Reserve").

(b) The criteria for spending from this reserve are to ensure
budget balance in case of a shortfall in revenue, or to provide flexibility to fund such
expenditures as nonrecurring initiatives that support sustainable and measurable increases
in revenues through enhanced service delivery, that reduce costs, that are unforeseen
demands on District spending, or that constitute an investment in fostering the District’s
economic well-being. The District shall spend the funds from the Reserve in such a way
that an appropriate balance is available in the 1st, 2nd, and 3rd quarters to ensure
balance between revenues and expenditures. Under no circumstances should the budgeted
Reserve serve to provide resources to agencies to allow them to overspend their budget.

(c) In accordance with the criteria set forth in subsection
(b) of this section, funds from the Reserve shall be applied in the following order:

(1) To ensure budget balance in case of a shortfall in
revenue;
(2) To expenditures that are identified in subsection (d) of
this section;
(3) To expenditures that reduce the District’s long-term debt;
and
(4) To other expenditures that meet the criteria set forth in
subsection (b) of this section.

(d) The following expenditures shall be funded from the
Reserve in Fiscal Year 2001:

(1) $2,000,000 to the Department of Public Works for
neighborhood cleaning;
(2) $4,500,000 to the Department of Employment Services for
Year Round Jobs for Youth;
(3) $640,000 to the Fire and Emergency Medical Services
Department for dress uniforms and protective clothing;
(4) $1,300,000 to the Metropolitan Police Department for
uniforms;
(5) $1,000,000 to the Commission on the Arts and Culture for
infrastructure stabilization;
(6) $500,000 to the Humanities Council at the District of
Columbia Public Libraries;
(7) $5,000,000 to the University of the District of Columbia
for the endowment;
(8) $25,000,000 to Child and Family Services;
(9) $1,000,000 to the Department of Health for storm water
activities;
(10) $3,500,000 to the Mental Retardation and Developmental
Disabilities Administration at the Department of Health;
(11) $1,000,000 to the Board of Elections and Ethics for a new
ballot and tabulation system;
(12) $200,000 to the Council of the District of Columbia for
equipment;
(13) $1,000,000 to the Office of the Chief Technology Officer
for contractual support;
(14) $2,000,000 to the Office of the City Administrator for
Operational Improvements Division support;
(15) $400,000 to the Office of the City Administrator for
Nonpersonal services funding support;
(16) $250,000 to the Executive Office of the Mayor for
customer service initiatives;
(17) $35,000,000 to Public Charter Schools for additional
funding for additional projection enrollment;
(18) $10,000,000 to the Department of Corrections for the
Correctional Treatment Facility;
(19) $2,500,000 to the Policeman and Fireman’s Retirement Fund
for pension settlements;
(20) $3,000,000 to the Commission on Mental Health Services
for antipsychotic drugs;
(21) $5,000,000 for pay for performance initiatives;
(22) $1,500,000 to the Office of Latino Affairs for the Latin
American Youth Center and for support; and
(23) $1,000,000 to the Criminal Justice Coordinating
Committee.

Sec. 503. Fiscal impact statement.

This title establishes the criteria for expending the $150
million reserve fund. Funds will be made available for identified projects in accordance
with these criteria.

TITLE VI. TREE MAINTENANCE

Sec. 601. Short title.

This title may be cited as the "Tree Maintenance
Reorganization Act of 2000".

Sec. 602(a). Effective October 1, 2000, jurisdiction over all
public trees, maintained by the Department of Public Works ("DPW") before
October 1, 2000, shall be transferred to and become the responsibility of the Department
of Parks and Recreation. For purposes of this act, the phrase "all public trees"
("trees") includes all trees in medians, tree boxes, park triangles within
rights-of-way, and other similar locations.

(b) The Department of Parks and Recreation ("DPR")
shall retain its responsibility for the management of trees on District-controlled
parklands. DPR shall also assume the new responsibility of managing the maintenance of
tree boxes, stump removal, tree trimming, tree planting and tree removals on streets and
right-of-ways. This responsibility shall also include managing trees and the landscaping
of medians and park triangles within rights-of-way. Landscaping and improvements of all
gateways to the District of Columbia shall be under the management of DPR.

(c) DPR and DPW shall collaborate on DPW projects that may
impact tree maintenance and growth in the District, including roadway improvements.

(d) DPW and DPR shall develop a common tree management
database and in doing so develop arrangements to share tree inventory and scientific
information on best management practices in urban tree management.

(e) The collection of leaves shall remain the sole
responsibility of DPW, excluding the collection of leaves on parklands which shall remain
the responsibility of DPR.

(f) DPW shall be the transportation agency for the District
under the requirements of Federal Highway Administration (FHWA) of the Department of
Transportation. In view of this wide-ranging responsibility, DPW shall transfer to DPR
federally assigned funds for management of tree boxes and landscaping situated on federal
aid streets, highways, interstates, and major arteries under the FHWA federal aid
designation. This responsibility shall include, among other duties, performing maintenance
of tree boxes, stump removal, tree trimming, tree planting, and tree removals.

(g) Funds, equipment, supplies and existing continuing full
time employees and positions authorized for the Tree Division of the Department of Public
Works and allocated for the maintenance, landscaping, beautifying, promotion, and
regulation of trees shall be transferred to the Department of Parks and Recreation’s newly
created Natural Resources Management Administration.

Sec. 603. Fiscal impact statement.

TITLE VII. DISTRICT OF COLUMBIA BOARD OF EDUCATION
PROCUREMENT REFORM

Sec. 701. Short title.

This title may be cited as the "District of Columbia
Board of Education Procurement Reform Act of 2000".

Sec. 702. Section 320 of the Procurement Practices Act of
1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Code §1-1183.20) is amended by
adding new subsection (o) to read as follows:

"(o)(1) Nothing in this act shall affect the authority of
the District of Columbia Board of Education pursuant to:
"(1) Section 14 of An Act to fix and regulate the
salaries of teachers, school officers, and other employees of the Board of Education of
the District of Columbia, approved June 20, 1906 (34 Stat. 321; D.C. Code §31-120);
"(2) Section 4 of An Act To provide book and educational
supplies free of charge to pupils of the public schools of the District of Columbia,
approved January 31, 1930 (46 Stat. 62; D.C. Code §31-704);
"(3) Section 1 of An Act To establish a Department of
Food Services in the public schools of the District of Columbia, and for other purposes,
approved October 8, 1951 (65 Stat. 367; D.C. Code §31-801); and
"(4) Section 405(b) of An Act To reorganize public
postsecondary education in the District of Columbia, establish a Board of Trustees,
authorize and direct the Board of Trustees, to consolidate the existing local institutions
of public postsecondary education into a single Land-Grant University of the District of
Columbia, direct the Board of Trustees to administer the University of the District of
Columbia, and for other purposes, approved October 26, 1974 (88 Stat. 1424; D.C. Code
§31-1535(b)).".

Sec. 703. Section 14 of An Act to fix and regulate the
salaries of teachers, school officers, and other employees of the Board of Education of
the District of Columbia, approved June 20, 1906 (34 Stat. 321; D.C. Code §31-120), is
amended by striking the last sentence.

Sec. 704. Section 4 of An Act To provide book and educational
supplies free of charge to pupils of the public schools of the District of Columbia,
approved January 31, 1930 (46 Stat. 62; D.C. Code §31-704), is amended by striking the
phrase, ", through the Office of Contracting and Procurement,".

Sec. 705. Section 1 of An Act To establish a Department of
Food Services in the public schools of the District of Columbia, and for other purposes,
approved October 8, 1951 (65 Stat. 367; D.C. Code §31-801), is amended by striking the
last sentence.

Sec. 706. Subsection (b) of section 405 of An Act To
reorganize public postsecondary education in the District of Columbia, establish a Board
of Trustees, authorize and direct the Board of Trustees, to consolidate the existing local
institutions of public postsecondary education into a single Land-Grant University of the
District of Columbia, direct the Board of Trustees to administer the University of the
District of Columbia, and for other purposes, approved October 26, 1974 (88 Stat. 1424;
D.C. Code §31-1535(b)), is amended to read as follows:

"(b) The Board of Education may enter into negotiations
and binding contracts pursuant to regulations adopted by the Board. These regulations
shall be adopted by the Board in accordance with section 8 of the District of Columbia
Administrative Procedure Act, effective October 21, 1968 (82 Stat. 1206; D.C. Code
§1-1506(a)). The authority provided in this subsection shall extent to contracts for
capital construction projects authorized or begun in fiscal year 2001 or any succeeding
fiscal year.".

Sec. 707. Fiscal impact statement.

This act shall have no fiscal impact.

TITLE VIII. METROPOLITAN POLICE REVENUES TECHNICAL AMENDMENTS

Sec. 801. Short title.

This title may be cited as the "This title may be cited
as the "Metropolitan Police Revenues Technical Amendments Act of 2000".

Sec. 802. Proceeds from Sales of Decommissioned Police
Vehicles.

Effective immediately, and not withstanding any other
provision of law, police vehicles purchased for the Metropolitan Police Department (MPD)
which have been declared excess, either through age or mechanical faults, shall be
auctioned, or otherwise disposed of by MPD. Revenue generated by auction or other means of
disposal will be returned to MPD as Other Revenue, to be.used expressly for the purchase
of replacement vehicles, including motorcycles.

Sec. 803. Fiscal Impact Statement.

Enactment of this title will have no appreciable negative
fiscal impact, because the MPD has had access to vehicle auction proceeds in both fiscal
years 1998 and 1999.

Sec. 804. Applicability.

This title shall apply as of October 1, 2000.

TITLE IX. VECTOR CONTROL

Sec. 901. Short Title.

This title may be cited as the "Omnibus Vector Control
Act of 2000".

Sec. 902. Establishment of Bureau of Community Hygiene.

There is hereby established in the Executive Branch of the
government of the District of Columbia ("District"), under the supervision of
the Department of Health, a Bureau of Community Hygiene ("BCH").

Sec. 903. Rodent control enterprise fund.

(a) The District of Columbia Rodent Control Enterprise Fund
("Fund") is hereby established as a non-lapsing, revolving fund, to be
administered by the Mayor and used to support the District’s regulatory program for rodent
control.

(b) The Fund shall be financed through fines, civil penalties,
costs and judgments recovered, and monies received as reimbursement pursuant to the
provisions of sections 902, 903 and 912.

(c) The Fund shall be accounted for under procedures
established pursuant to subchapter V of Chapter 3 of Title 47, and any other applicable
law.

(d) Disbursements from the Fund may be made to undertake
corrective action including cleanup, abatement, and preventive measures. A disbursement
may be made if the action is necessary to protect human health, and 1 or more of the
following exist:

(1) The action is required to protect public space;
(2) No person can be found within 30 days or a shorter period,
as may be necessary to protect human health, who is:
(A) An owner;
(B) Subject to corrective action rules pursuant to sections
909 through 911; and
(C) Capable of proper implementation of the required action;
(3) A situation exists that requires immediate action by the
Mayor to protect human health; or
(4) The responsible party has failed or refused to comply with
a Mayoral Order for compliance.

(e) Disbursements from the Fund may be provided for
administrative and operational costs incurred by the Mayor in the implementation of the
provisions of the rodent control regulatory program.

(f) If the District incurs costs for undertaking any
corrective or enforcement action to abate rodent infestation, rodent harborage, or rodent
food sources, the responsible parties shall be jointly and severally liable to the
District government for the costs. In addition to any other enforcement action, the Mayor
may assess any reasonable costs for correcting the condition and any related expenses as a
tax against the property, carry the tax on the regular tax rolls, and collect the tax in
the same manner as real estate taxes are collected.

(g) Nothing in this section may be construed to make the
District government responsible for corrective action costs to any person in excess of the
monies in the Fund.

Sec. 904. The Litter Control Administration Act of 1985, as
amended, approved March 25, 1986 (33 DCR 781; D.C. Code §6-2902(a)(1)), is amended as
follows:

(a) Section 3(a)(1) is amended as follows:

(1) By striking the phrase ",through the Department of
Public Works," and
(2) By striking the last sentence and inserting the sentence
"Contested cases arising from violations of the regulations listed in this section
shall be adjudicated in accordance with the system provided in §§ 5,6 and 9." in
its place.

(b) Section 8(f) is amended to read as follows:

"(1) The District shall levy a special assessment against
any land and the improvements on the land to which any unpaid fines or penalties have been
imposed pursuant to this chapter. Any special assessment levied pursuant to this chapter
shall be filed at the Office of the Recorder of Deeds.
"(2) The special assessment may be collected at the same
time and in the same manner as ordinary District real property taxes are collected under
D.C. Code § 47811(b). In addition, the special assessment shall be subject to the same
penalties and interest as provided in §47-811(c) and the same procedure and sale in case
of delinquency as provided in §47-1301 et seq. The special assessment shall be
subordinate to all existing special assessments previously imposed on the same land and
paramount to all liens except liens for District taxes and District water and sewer
charges. The special assessment shall continue until the special assessment and all
interest due and payable thereon has been paid."

Sec. 905. Section 8-6:629 of the District of Columbia Health
Regulations, effective September 12, 1959 (C.O. 59-1347; 23 DCMR §3023.1), is amended by
designating the existing text as subsection (a) and adding a new subsection (b) to read as
follows:

"(b) Civil fines, penalties, and fees may be imposed as
alternative sanctions for any infraction of the provisions of this part pursuant to Titles
I-III of the Department of Consumer and Regulatory Affairs Civil Infraction Act of 1985.
Adjudication of any infraction of this part shall be pursuant to Titles I-III of the
Department of Consumer and Regulatory Affairs Civil Infraction Act of 1985."

Sec. 906. Section 8-3:612(b) of the District of Columbia Solid
Waste Regulations, as amended, enacted June 29, 1971 (Reg. 71-21; 21 DCMR sec. 700.11), is
amended by striking the phrase "sections 704.3 through 704.5 and 711" in each
sentence and inserting the phrase "this part" in its place.

Sec. 907. Title 16 of the District of Columbia Municipal
Regulations (Consumers, Commercial Practices & Civil Infractions) (July 1998) is
amended as follows:

(a) Section 3216 is amended by designating the existing
subsections 3216.1 through 3216.7 as subsections 3216.2 through 3216.8.

(b) Section 3216 is amended by adding a new subsection 3216.1
to read as follows:

"3216.1. Violation of any of the following provisions
shall be a Class 1 infraction:
(a) 21 DCMR §700.3 (failure to properly containerize solid
wastes);
(b) 21 DCMR §705.3 (permitting spillage of waste at
collection point);
(c) 21 DCMR §707.3 (failure to provide sufficient storage
between collections);
(d) 22 DCMR § 107.1 (failure to comply with order to
rodent-proof or abate for rats);
(e) 23 DCMR §2606.1 (failure to provide adequate facilities
for waste storage);
(f) 23 DCMR §2606.2 (failure to use vermin-proof trash and
storage areas);
(g) 23 DCMR §2606.3 (failure to keep trash in tightly covered
containers);
(h) 23 DCMR §2606.4 (failure to comply with waste handling
requirements);
(i) 23 DCMR §3012.1 (failure to keep premises free from rats
and vermin); and
(j) 23 DCMR §3012.2 (failure to report vermin
infestation)."

Sec. 908. Title 21 section 708 of the District of Columbia
Municipal Regulations (Water and Sanitation) (February 1998) is amended to read as
follows:

"708. CONTAINERS FOR RESIDENTIAL MUNICIPAL REFUSE
COLLECTION
708.1. In addition to the applicable provisions of this
chapter, all containers used by residents for municipal refuse collection shall conform to
the requirements of this section.
708.2. The Division of Solid Waste of the Department of Public
Works shall properly inform the residents of the District where their authorized point of
collection is. If the collection is from an alley, the point of collection shall be on the
portion of private property immediately adjacent to public space, except that when
Supercans are collected from the alley, the point of collection shall be on the portion of
the public space immediately adjacent to the private property line. If collection is not
from an alley, the point of collection shall be on the public space immediately adjacent
to the premises.
708.3. Environmental technicians shall report all instances of
solid waste placed at inappropriate collection points or placed in containers other than
the type prescribed in this section.
708.4. Each container shall be constructed of heavy weight
plastic or heavy gauge galvanized metal.
708.5. Each container shall be watertight, equipped with
handles and a tight-fitting cover attached to the container, and free of holes or cracks
larger than one-half inch (1/2 in.).
708.6. Each container shall be constructed for easy removal of
the contents.
708.7. Containers used in areas of the District with twice
weekly collections shall have a capacity of not less than twenty (20) gallons and not more
than thirty-two (32) gallons, and shall not exceed sixty pounds (60 lbs.) in weight when
filled.
708.8. Containers used in areas of the District with once
weekly collections shall have a capacity of ninety-six (96) gallons, and shall not exceed
two-hundred and fifty pounds (250 lbs.) in weight when filled.
708.9. When stored in the open, all containers shall be kept
securely closed except when being filled.
708.10. Plastic bags intended for use as container liners are
prohibited for use alone for storing solid waste refuse, except that plastic bags of at
least nine (9) mil. thickness with a capacity of no more than thirty-two (32) gallons and
securely tied may be used as containers for yard rubbish, provided that bags used for this
purpose are marked as yard rubbish and set out for collection on the days) designated for
yard rubbish collection.
708.11. Containers permitted for use at authorized collection
points shall meet the following criteria:
(a) Supercans owned and issued by, and registered to, the
District pursuant to the specifications in subsection 708.8;
(b) Mini-supercans owned and issued by, and registered to, the
District pursuant to the specifications in subsection 708.7; or
(c) Heavy duty plastic or metal containers, pursuant to the
specifications in subsections 708.4 to 708.7."

Sec. 909. Definitions.

For the purposes of this act, the term:

(1) "Abate" means removing rodent infestations by
eliminating or rodent-proofing rodent food sources, eliminating rodent nesting areas,
rodent-proofing building entry ways, and poisoning or trapping existing rodent
populations.

(2) "Debris" or "debris pile" includes any
of the following that provide rat harborage:

(A) Construction or demolition waste that is not stored in a
rat-proof container and not removed after 14 days or longer;
(B) Yard waste and branches that are not bundled and set out
for waste collection, but not yard waste placed in a properly maintained compost pile; and
(C) Fire wood that is stored next to a building or left in
loose piles on the ground, but not fire wood that is stored away from buildings and at
least 18 inches above the ground or in a rodent-proof building.

(3) "Grease" means used cooking oil, vegetable oil,
shortening, margarine or any other used fat or oil used for cooking, frying or baking
intended for recycling or disposal.

(4) "Harbor" or "harborage" means rodent
infestation or providing food or nesting areas for rodents, which may be identified by the
presence of burrows, droppings, tracks, runways, gnawings, urine stains, odor, live or
dead rodents, nests, and rodent gnawed food.

(5) "Hardware cloth" means galvanized metal cloth or
netting with small diameter holes used to prevent rodents from entering buildings.

(6) "Rodent-proof’ or "rodent-proofing"
includes:

(A) Heavy duty plastic or metal containers with
tightly-fitting lids fastened to the container; and
(B) Using hardware cloth to seal building openings.

(7) "Sewer" means the pipe system used to transport
either storm water runoff or household and commercial sanitary soils.

Sec. 910. Rodent harborage prohibited.

(a) It shall be unlawful for any person to cause or permit the
accumulation of debris on public or private property or cause or permit weeds or grass to
grow to a height of 8 inches or more.

(b) Upon the transfer or change in occupancy of any real
property, the owner of the property shall inspect the property for signs of rodent
harborage. If signs of past rodent harborage are found, all rodent entryways shall be
sealed with hardware cloth or another appropriate material to prevent re-infestation. If
an active infestation is found, all rodent entryways shall be sealed with hardware cloth
or other appropriate material, and the infestation shall be abated.

(c) Any person violating subsections (a) and (b) shall abate
the condition causing rodent harborage within 14 days. Any abatement of existing rodent
populations shall be performed by a licensed and certified pest controller. Any person who
fails to abate the condition causing rodent harborage shall be liable to arrest and upon
conviction shall be deemed guilty of a misdemeanor and shall be subject to a fine for each
offense not to exceed $10,000, or shall be imprisoned for a period not to exceed 90 days,
or both, in the discretion of the court.

(d) Civil fines, penalties and fees may be imposed as
alternative sanctions for any infraction of this title, or any rules or regulations issued
under the authority of this title, pursuant to titles I-III of the Civil Infractions Act.
Adjudication of any infractions shall be pursuant to titles I-III of the Civil Infractions
Act.

Sec. 911. Food source control.

(a) Grease held for recycling or disposal shall be stored in a
tightly-sealed metal drum with a capacity of not more than 55 gallons. The grease
container and the area where the grease is stored shall be free of spilled grease. The
grease container shall be stored not less than 4 feet from any other vertical object such
as a wall, shelving, or wood fuel stacks.

(b) Commercial trash compactors shall be free of spilled waste
at all times and shall be kept closed when not compacting waste.

(c) Commercial waste containers shall be constructed of heavy
gauge metal with tightly-fitting lids constructed of either heavy gauge plastic or metal.
Waste container lids shall be kept closed at all times other than when the container is
being filled or emptied. Waste container lids shall be free of large gaps, cracks or
holes. The area where the waste container is stored shall be kept free of spilled waste at
all times. If the waste container is equipped with a drain plug, the plug shall be
constructed of heavy duty plastic or metal and shall be kept in the drain hole until the
filled container is transported to its ultimate destination for emptying and disposal of
its contents.

(d) Pet food and bird seed kept outside shall be stored in a
rat-proof container. Pet food and bird seed shall not be left to accumulate or remain on
the ground after birds and pets have been fed.

Sec. 912. Fiscal impact statement.

TITLE X. CITYWIDE CALL CENTER ESTABLISHMENT

Sec. 1001. Short Title.

This title may be cited as the "Citywide Call Center
Establishment Act of 2000".

Sec. 1002. Establishment of the Citywide Call Center.

There is hereby established, in the Executive Branch of the
government of the District of Columbia, a Citywide Call Center, under the supervision of a
Director, who shall carry out the functions and authorities assigned to the Center.

Sec. 1003. Mission.

The mission of the Citywide Call Center shall be to serve as
the District of Columbia’s primary point of entry for citizens and customers attempting to
access nonemergency services, solicit information, or register a complaint or comment
about an agency. The calls to the Citywide Call Center shall be tracked, monitored, and
reported to all necessary agencies. The information collected from the calls shall be
utilized in determining where additional services are required, where specific services
need improvement, and which current services are effective.

Sec. 1004. Fiscal Impact Statement.

TITLE XI. ATTORNEY RETENTION ALLOWANCE

Sec. 1101. Short title.

That this act may be cited as the "Attorney Retention
Allowance Act of 2000".

Sec. 1102. Section 858 of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C.
Code §1609.58), as added by section 2(j) of the Legal Service Establishment Amendment Act
of 1998, effective April 20, 1999 (D.C. Law 12-260), is amended by adding a new subsection
(c) to read as follows:

"(c) Notwithstanding subsections (a) and (b) of this
section, effective January of each year, the Mayor may adjust the Attorney Retention
Allowance that the Council of the District of Columbia approved in the Attorney Retention
Compensation System Change for Attorneys in the Office of the Corporation Counsel
Emergency Approval Resolution of 1998, effective December 15, 1998 (PR 12-859; 45 DCR
213), and in the Attorney Retention Compensation Change for Legal Service Attorneys
Approval Resolution of 1999, effective December 7, 1999 (PR 13-375; 45 DCR 10141). Subject
to the availability of appropriations, the Mayor may make this adjustment without
obtaining the prior approval of the Council, but shall report the adjustment to the
Council within 30 days. If it is made, this adjustment shall:
"(1) Increase the Attorney Retention Allowance so that
the performance-based payment of the Attorney Retention Allowance at the highest permitted
percentage to attorneys at each of the grades DS-9 through DS-15 allows such attorneys to
receive a total payment that is as close as possible to the payment of attorneys
established for grades GS-11 through GS-15 under the federal government’s General Schedule
then in effect for the Washington, D.C., area.
"(2) Increase the Attorney Retention Allowance so that
the performance-based payment of the Attorney Retention Allowance at the highest permitted
percentage to attorneys at each of the grades DS-16 and DS-17 allows such attorneys to
receive a total payment that is as close as possible to the payment of attorneys
established for comparable grades under the federal government’s Senior Executive Service
Salary Table then in effect for the Washington, D.C., area.".

Sec. 1103. Fiscal impact statement.

TITLE XII. RENTAL HOUSING ACT EXTENSION

Sec. 1201. Short title.

That this act may be cited as the "Rental Housing Act
Extension Amendment Act of 2000".

Sec. 1202. Section 907 of the Rental Housing Act of 1985,
effective July 17, 1985 (D.C. Law 6-10; D.C. Code §45-2501 et seq.), is amended to read
as follows:

"All titles of this act, except title III and V, shall
terminate on December 31, 2004.".

Sec. 1203. Fiscal impact statement.

TITLE XIII. PARAMEDIC AND EMERGENCY MEDICAL TECHNICIAN
LATERAL TRANSFER

Sec. 1301. Short title.

That this act may be cited as the "Paramedic and
Emergency Medical Technician Lateral Transfer to Firefighting Amendment Act of 2000".

Sec. 1302. Notwithstanding any other law or regulation, the
Mayor is authorized to provide for the transfer of D.C. Fire and Emergency Medical
Services emergency medical technicians and paramedics to be uniformed firefighters.

(a) Transfer shall be to the firefighter step and class with a
rate of pay closest to, but no lower than, the rate of pay earned by the employee prior to
reassignment.

(b) Transferred employees may elect to participate in the
Police Officers, Firefighters and Teachers Retirement Benefit Replacement Plan Act of
1998.

(c) Transfer is conditioned on the transferred employee
meeting established medical standards, undergoing a background check, and successfully
completing a physical abilities test and the firefighting training program.

Sec. 1303. Subsection (c) of the Police and Firemen’s
Retirement of the Police and Fireman’s Retirement and Disability Act, approved August 21,
1957 ( 71 Stat. 391; D.C. Code § 4-610), is amended by adding paragraph (9) to read as
follows:

"(9)(1) Any member who is an officer or member of the
D.C. Fire and Emergency Medical Services Department who was transferred pursuant to the
Paramedic and Emergency Medical Technician Lateral Transfer to Firefighting Amendment Act
of 2000, and who elects to be covered by the Police Officers, Firefighters, and Teachers
Retirement Benefit Replacement Plan Act of 1998, effective September 18, 1998 (D.C. Law
12-152; D.C. Code §1-781.1 et seq.) shall receive credit for prior years of service
within the Department as a paramedic or emergency medical technician as provided in
subparagraphs 2 and 3 below.
"(2) Solely for the purposes of determining vesting and
retirement eligibility, members shall receive credit for prior service as a paramedic or
emergency medical technician with the Department.
"(3) Members shall be eligible to purchase benefit
accrual service for some or all of the time there were employed as paramedic or emergency
medical technicians with the Department. The member shall deposit to the credit of the
Police Officers’ and Firefighters’ Retirement Fund an amount that is equal to the dollar
increase in the present value of future benefits which results from crediting the prior
service. The present value of future benefits shall be calculated on the actuarial
assumptions and methods used to calculate the present value of future benefits from
section 1-784.3(a)(3)(B) of the District of Columbia Code for the applicable fiscal year.
Upon separation from District employment for reasons other than retirement, any
firefighter who purchased prior service credit shall receive that purchase amount along
with any interest credited the amount. Any firefighter who withdraws the purchase amount
and is later reinstated shall not be entitled to this prior service credit until the
purchase amount plus interest is again deposited.".

Sec. 1304. Section 401 of the District of Columbia Police and
Firemen’s Salary Act of 1958, approved August 1, 1958 (72 Stat. 48; D.C. Code §4-406 et
seq.) is amended by adding a new subsection (d) to read as follows:

"(d) Notwithstanding any other law or regulations, for
employees transferred pursuant to the Paramedic and Emergency Medical Technician Lateral
Transfer to Firefighting Amendment Act of 2000, prior service with the D.C. Fire and
Emergency Medical Services Department as an emergency medical technician or paramedic
shall constitute years of continuous service to the District of Columbia for purposes of
this section.".

Sec. 1305. This act shall apply to all persons employed as
paramedics or emergency medical technicians on the effective date of the Paramedic and
Emergency Medical Technician Lateral Transfer to Firefighting Amendment Act of 2000.

Sec. 1306. Fiscal impact statement.

TITLE XIV. EFFECTIVE DATE

Sec. 1401. This act shall take effect following approval by
the Mayor (or in the event of veto by the Mayor, action by the Council to override the
veto), approval by the Financial Responsibility and Management Assistance Authority as
provided in section 203(a) of the District of Columbia Financial Responsibility and
Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code
§47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1)
of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C.
Code §1-233(c)(1)), and publication in the District of Columbia Register.