we're going to start in just a minute I am calling to order this meeting of the committee the whole of the Council of the District of Columbia I'm Phil Mendelson chairman of the council and chair of the committee of the whole today is Tuesday November 15 2022 the time is 12 35 in the afternoon this meeting is being conducted in the council chambers room 500 of the Johnny Wilson building but is also being broadcast live via the zoom video conference broadcast platform Council Channel 13. and is also available on the DC Council website which is www.dccouncil.gov there are I believe five members who are participating virtually and there are at least six members present in the chamber uh we begin our meetings by calling the role to determine whether we have a quorum Mr Cash would you call the roll chairman Mendelson president councilmember Ali here councilmember bonds here council member Che here councilmember gray here councilmember Henderson here councilmember Lewis George here councilmember McDuffie here councilmember Nadeau here Pinto Council owner Pinto councilman Silverman present councilmember Robert White president council member here Mr chairman of the quorum he was to cash uh we have the secretary's report of committee filings I'm going to recognize the chair Pro tem Mr McDuffie and thank you Mr chairman I will move away the reading of the secretary's report it's been a motion to waive the reading of the secretary's report is there discussion by a Voice vote on the emotion the way the reading of the report all those in favor say aye aye aye are there any opposed I don't hear anyone opposing the motion is carried unanimously we have the secretary's log of introductions and referrals I recognize the chairperson and I will move to wave the reading of the secretary's log of introductions and referrals been a motion to waive the reading of the log is there discussion by Voice vote all those in favor say aye aye aye aye aye Ernie are there any no votes uh hearing none the motion carries unanimously we have another number of items for markup in the committee of the whole there's no objection I'm going to move the four confirmations for students in the care of DC Coordinating Committee I'm going to move them in Block they are pr24-933 students in the care of DC Coordinating Committee David domenici confirmation resolution of 2022. pr24-934 students in the care of DC Coordinating Committee Dr Felicia Hayward e um educational doctor confirmation resolution of 2022 pr24-935 students in the care of DC Coordinating Committee Keisha Fitzhugh confirmation resolution of 2022 and tr24-938 students in the care of DC Coordinating Committee Claire blumensen confirmation revolution of 2022. the students in the care of DC Coordinating Committee Act of 2018 created the students in the care of DC Coordinating Committee which is a public body composed of engaged non-government residents and agency representatives to support planning policy making program development and budgeting for successful educational experiences and outcomes for students into care of DC the focus of the Coordinating Committee is on District residents under 25 years of age who are incarcerated or detained by committed to and under the custody of or otherwise under the supervision of the Department of youth rehabilitation services the court services and offender supervision agency the pre-trial Services Agency for the District of Columbia the family court Social Services Division the Child and Family Services Agency the Department of Corrections or the Federal Bureau of Prisons the Coordinating Committee developed strategies and policies that guide implementation of the district's policies and programs to improve educational outcomes for students in the care of the district the Coordinating Committee consists of 25 voting members and four non-voting members representing Key Community stakeholder constituencies in certain District agency heads for their designees 17 members for agency heads or their designees aid or non-governmental members appointed by the mayor and confirmed by the Council on three are other governmental members or their design needs invited by the mayor to participate the Coordinating Committee is to be headed by a non-voting director appointed by the mayor pr24-93c would confirm the mayor's nomination of Dr dominici to Sir Dr dominici earned a Juris doctor from Stanford Law School in 1993 in a Bachelor of Science from the University of Michigan in 1986 he has been a district resident since 1992. he's a civil servant and an educator having spent most of his adult life working in the educate in education with a focus on system involved and at-risk teams in 1997 Dr dominici co-founded the C forever Foundation and the Maya Angelou Public Charter School where he worked full-time until 2011 while my at Maya Angelou he served as executive director and principal pr24-934 would confirm the mayor's nomination of Dr Felicia Hayward for appointment Dr Hayward earned a doctor of Education in 2020 in a masters of education in 2014 from Bowie State University she also has a master of arts and special education from Trinity University and a Bachelor of Arts in political science from Florida a m he started her career as a special education teacher in a level five special education school and has worked as a classroom teacher for almost seven years before moving into Administration currently serves as uh both the supervisor for supervisor of the educational programs at the department of youth rehabilitation services and the Maya Angelou Public Charter School at the DC Jail ER 24-935 would confirm the mayor's nomination of Keisha Fitzhugh her membership on the Coordinating Committee has since you earned a doctor of Education in 20 20 um I'm hesitating because this looks do like it's a duplicative of the other uh resolution um I'll just saying that she is experienced and pr24-938 the students in the care of DC Court uh pr24-938 would confirm the mayor's nomination of Claire bloominson or appointment to the committee Miss Bloomington earned a tourist doctor from the University of Virginia in 2011 has a master's in teaching from Pace University a Bachelor of Arts from Wesleyan University currently serves as the executive director and co-founder of school Justice project a dc-based non-profit organization that provides special education legal services to older court involved students with disabilities upon graduating from law school she received an equal justice Works fellowship at the D.C public defender service and spent two years working inside the district's secure Juvenile Facility as a special education lawyer for incarcerated students ages 18 to 22. to continue to develop and expand on this work she co-founded and launched the school Justice project in 2013. each of these nominees has a commitment to the mission of the students in care of DC committee and has a background in education and working in the area that this committee will cover um assuming that these are approved the committee recommends adoption of each of these resolutions without objection I'm moving the prints and reports or both the Princeton reports for all four of these resolutions would leave for staff to make technical conforming and editorial changes is there discussion uh we'll do one roll call vote uh Mr Cash would you call the role the vote is on PR's 24-9933 934 935 and 938 vote to reports and the prints would leave for staff councilmember Robert White yes councilman Robert White votes yes council member Tryon White yes councilmember Tryon white votes yes councilmember Allen yes councilmember Allen votes yes councilmember bonds yes councilmember bonds votes yes council member Che yes council member Chavez yes councilmember Gray yes councilmember gray votes yes council member Henderson yes councilmember Henderson votes Yes councilmember Lewis George Yes councilmember Lewis George votes yes councilmember McDuffie yes customer McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes council member Nadeau yes votes yes council member Pinto yes counselor Pinto votes yes councilmember Silverman yes councilmember Silverman votes yes Mr chairman there are 13 yeses the motion to approve all four committee Princeton reports is approved unanimously um general counsel is the measure legally and technically sufficient for our consideration yes they are Madam Secretary is the record complete for each once the reports are filed Mr Deputy budget director does the measures physical impact statement for each comply with Council requirements yes they do without objection these measures will be placed on the consent agenda for today's additional legislative meeting the next item for markup is pr24-928 entitled The Congress Heights small area plan approval resolution of 2022. the purpose of this resolution is to approve the proposed Congress Heights small area plan which was prepared by the DC office of planning and furtherance of the comprehensive plan the Congress Heights study area is located in Ward 8 is bounded by and includes Saint Elizabeth and Suitland Parkway to the north Stanton Road to the east Oxon Run Parkway South uh Oxon Run Parkway and Atlantic Avenue to the South and Interstate 295 to the west and include predominantly low to moderate density housing to commercial centers and a significant government and significant government and institutional uses it also encompasses the historic Saint Elizabeth's Hospital site consisting of federal agencies on the west campus and ongoing misuse Redevelopment on the East Campus the Congress Heights small area plan is organized based on six themes housing diversity and affordability Civic facilities Economic Development and opportunity historic and cultural preservation parks and the public Realm and transportation and access mall area plans are required to be prepared by the mayor for select areas of the city that necessitate specific locally targeted planning and land use analysis for the Congress height exfolio plan the planning process coordinated by the office of planning included substantial public engagement beginning in June 2021 from June 2021 to May of 2022 a number of working groups Town Halls focus groups Community meetings and workshops were held to develop the plan in all the planning process included 23 community events led by the awesome planning over 8 000 mailers sent out to Residents and a series of online engagements the draft plan was released for public comment on June 7 2022 and the mayoral public hearing was held on July 27 2022. I want to emphasize that a small area plan is only an early step to Envision changes to Congress Heights this will be followed by a number of zoning commission and other planning processes that will provide additional input from the public this plan starts that process and thus assuming this is approved the committee recommends approval of 24-928 this resolution was introduced at the request of the mayor on September 16 2022. the measure is not acted upon by the council before November 28th the resolution will be deemed approved the committee of the whole held a public hearing a public Roundtable on the measure on October 27 2022. many received no testimony or comments in opposition to the plan the objection I moved both to print and Report would leave for step make technical conforming and editorial changes is there discussion uh Mr Cash will call the role the vote is on both the print and Report with leave for staff of pr24-928 . that's what I'm going to try on white yes councilman Tran white votes yes councilmember Allen yes councilmember Allen votes yes councilmember bonds yes councilman bonds votes yes council member Jay yes councilor Jay votes yes councilmember Gray yes councilmember gray votes yes councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes customer loose George votes yes councilmember McDuffie yes councilmember McDuffie votes yes chairman mendelsohn yes chairman Mendelson votes yes councilmember Nadeau yes no votes yes councilmember pintails yes councilman Pinto votes yes councilmember Silverman yes councilmember Silverman votes yes council member Robert White yes councilmember Robert White votes yes Mr chairman there are 13 yeses the motion which is both the print and Report would lead for staff has approved unanimously the next before I go to the next measure Madam general counsel is to measure legally and technically sufficient for our consideration yes it is secretary is the record complete once the report is filed Mr Deputy budget director does the measures fiscal impact statement comply with Council requirements yes it does without objection this measure will be placed on the consent agenda for today's additional legislative meeting the next measure for markup is Bill 24-124 entitled to Washington metropolitan area transit authority board of directors Amendment Act of 2022. the purpose of this bill is to simplify and clarify the requirements for appointment and service on the Washington metropolitan area transit authority board of directors pursuant to the wilmada compact all district appointments to the wamada board are by the council none are made by the mayor the current law governing the appointment of Ramada board members is likely complicated and largely ignored it specifies 12 criteria for appointment it prohibits former employees it sets term limits and it establishes unnecessary reporting requirements for instance any lawyer would qualify any Banker any businessman so then what's the point on the other hand a non-professional housewifer house husband with a college degree who uses Metro daily say to take his or her kids to school would not qualify for appointment the prohibition and former woman employees being appointed is an unnecessary impediment let the council judge whether the experience of a former employee is of value as for term limits current law establishes a maximum of two consecutive four-year terms but over the last decade of over 15 appointments only one has served longer than four and a half years and 12 have served less than three years each the limit on terms may sound reasonable to some but it has no effect given our experience moreover if someone is really good the council should want to maintain that expertise on the wamada board especially when that experience gives the district an edge over our regional counterparts on the board Bill 24-124 also strikes reporting requirements that are unnecessary attendance data can be obtained from the wilmada board secretary and is probably more accurate than a member's report stating the reason why a member misses a meeting is unnecessary and besides alternates are required by Virginia law to miss every meeting unless required to fill in for a voting member any meaningful information that the council requires can be obtained through oversight especially since for several years the reports have not even been filed build 24-124 simplifies and clarifies the requirements for appointment to the Ramada board it helps the council find individuals for appointment based on relevant expertise quote demonstrated interest in public transportation and experience sufficient to represent the district well unquote ultimately the quality of appointments is up to the council but this bill provides clear guidance and therefore assuming this is approved the committee recommends Council adoption of Bill 24-124 as amended by the committee print the legislation was introduced By Me on March 1st 2021 the committee of the whole held a hearing on October 6 2022 communities received no testimony or comments in opposition to the legislation I do want to make an oral amendment to do print where it says on line 32 there are after members shall be appointed by the council to serve or complete a four-year term it would say thereafter members shall be appointed or reappointed by the council to serve or complete a four-year term commencing on July 1st so the oral amendment is to add the threat the words or reappointed there's no objection I'll move both to print and Report would leave for staff to make technical conforming and editorial changes is there discussion the vote will be on both the print and Report with leap for staff Mr Cash would you call an audience councilmember Allen yes councilmember Allen votes yes councilmember bonds yes councilman bonds votes yes council member Jay yes councilmember Che votes yes councilmember Gray yes councilmember grave OTS councilmember Henderson yes councilmember Henderson votes yes councilman Lewis George yes George votes yes councilman McDuffie yes councilman McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes councilmember to do yes from Nado votes yes council member Pinto yes councilman Pinto votes yes council member Silverman yes councilmember Silverman votes yes councilmember Robert White yes councilman Robert White votes yes councilmember Treyon White yes yes Mr chairman there are 13 yeses the print and Report our approved unanimously Madam general counsel is to measure legally and technically sufficient for our consideration yes it is madam secretary's record complete he wants the report is filed Mr Deputy budget director does the measures fiscal impact statement comply with Council requirements yes it does the objection dispatcher will be placed on the consent agenda for today's additional legislative meeting the next measure for markup is ill 24-251 entitled to contractor Indemnity and subcontractor prompt payment Amendment Act of 2022. on May 19th of 2021 bill 24-251 was introduced by council members bonds Nadeau pinto and Shea the bill would prohibit an owner or contractor from acquiring subcontractors to indemnify a contractor owner for damages arising out of bodily injury or destruction of property caused by the contractor or owner's negligence at the same time council members bonds Nadeau and Che introduced Bill 24-252 the subcontractor prompt payment Amendment Act of 2021. bill 24-252 would amend the private contractor and subcontractor prompt payment Act of 2013 to prohibit a contractor from withholding payment to subcontractors for work performed and completed on one job to offset losses damages or payments on another the committee print for Bill 24-251 what I am moving today combines both of these bills in contracts there are generally three types of Indemnity Clauses broad form intermediate form and limited form under broad form clause the subcontractor would hold harmless to contractor or owner for any damages losses Etc rising out of the subcontractor's work regardless of who is at fault under an intermediate form indemnity clause a subcontractor holds harmless a contractor or owner for the subcontractors negligence but may only be required to pay partial damages depending on how fault is determined and calculated if for instance a contractor is 40 at fault for damage to a roof the subcontractor would be responsible for paying 60 percent of the damages under limited form indemnity clause the subcontractor only holds harmless to contractor for the subcontractors negligence currently District law does not prohibit broad form Indemnity Clauses which means the subcontractor may have to pay for damages losses or expenses caused solely by the general contractor or owner such Clauses can lead to a subcontractor paying tens of thousands or hundreds of thousands of dollars for damages or losses they did not cause this is an untenable situation Bill 24-251 the committee print would Rectify this by prohibiting a contractor from requiring a subcontractor to hold harmless a contractor or owner for a contractor or owner's negligence as of December 2021 19 States prohibit broad form Indemnity Provisions in construction contracts the committee print retains language from the introduced version which ensures that the prohibition against broad form Indemnity Clauses and construction contracts would not affect the validity of insurance contracts or workers compensation agreements the print also retains language prohibiting contractors owners from requiring subcontractors to purchase additional insurance coverage or including Provisions in their insurance policies that would violate the prohibition against broad form Indemnity clauses in construction contracts between General Contractors and subcontractors there is generally a set-off clause that allows the general contractor to withhold payment or deduct charges for liability or costs that the contractor has incurred because of the subcontractor's actions sometimes these set-off causes allow the general contractor to withhold payment or deduct charges under the specific sum contract in subcontract in question and quote any other agreement between the parties unquote for example say a subcontractor has two contracts with a general contractor on the same project one contract is for electrical work and the others for plumbing during the electrical work the subcontractor caused damage to the property costing the general contractor three thousand dollars with a broad set-off Clause the general contractor could deduct or withhold the three thousand dollars in payments to the subcontractor on the plumbing work even though the cost to the general contractor were incurred under the contract for electrical work District law does not currently prohibit this practice the committee believes assuming that we approve this the committee believes the prohibition against broad set-off costs is desirable and necessary to protect subcontractors from potential financial distress as such to print for Bill 24-251 includes the probe a Prohibition on these Broad set-offs but makes one substantive change as introduced to bill would prohibit broad set-off causes and contracts after the effective date he print amends us to a date certain of March 31st 2023 consistent with the date certain also in the print for prohibiting broad form Indemnity classes the committee print for Bill 24-251 would prohibit would protect thousands of subcontractors I'll start over the committee print for Bill 24-251 would protect thousands of subcontractors in the district to perform critical work in the construction industry as such assuming this is approved the committee recommends the council approved the committee print for bill 24-251 which as I said at the outset includes Provisions from Bill 24-252. those two bills were introduced on May 19 2021 the committee of the whole held a hearing on both bills on October 19 2022. I move uh the objection I'm going to move both the print and the report would leave for staff to make technical conforming and editorial changes is there discussion the vote will be on both the print and Report would lead for staff all those uh Mr Cash would you please call the roll councilmember bonds yes councilmember bonds votes yes council member Che yes council member Che votes yes council member gray yes councilmember gray votes yes council member Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes George votes yes councilmember McDuffie yes president McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes council member Nadeau councilmarnado yes no votes yes council member Pinto yes councilman Pinto votes yes councilmember Silverman yes councilmember Silverman votes yes councilmember Robert White yes councilman Robert White votes yes council member Tryon White yes we're trying white votes yes councilmember Allen yes councilman Allen votes yes Mr chairman they're 13 yeses the motion to approve both the current report would be for staff to proved unanimously found general counsel is to measure legally sufficient for our consideration yes it is um secretaries the record complete once the report is filed Mr Deputy budget director does the measures physical impact statement comply with Council requirements yes it does the objection this measure will be placed on the consent agenda for today's additional legislative meeting the next measure for markup is Bill 24-301 Business and Entrepreneurship support to thrive Amendment Act of 2022. as introduced bill 24-301 would reduce the number of business license categories from more than 100 to 10. it would lower initial base of business license fees to 99 dollars he would exempt from fees businesses with under ten thousand dollars in Revenue establish a progressive fee structure this was as introduced for renewals um the print retains the print which is what we'll be voting on retains several changes made by the introduced version of the bill including adding notice language for the licensing of theaters Cinemas skating rinks Etc uh to DC code 1-309.10 which I believe is the ENC law it shifts language on the collection storage and processing of waste tires from title 47 to title eight it's just language on the suspension or replication of licenses for illegal criminal activity from title 47 to title 42 it repeals numerous sections of chapter 28 of title 47 it's just definitions and language on body art and body art establishments I believe that's same as tattoo parlors and from from one section to another in title 47 and it's just in slightly a men's language on for hire a vehicle operator requirements from title 47 to title 50 which deals with traffic the committee print makes several substantive changes to the introduced version based on discussions held by a working group that included Council Staff Agency staff and external stakeholders the print increases the number of business license categories from 10 to 11 so earlier I said is introduced reduced it from over 100 to 10 so now it would be 11. but also provides the statutory definition for each of the 11 categories the um print would allow the department of licensing and consumer protection to create and revise business license endorsement categories to rulemaking but prohibits the agency from charging an additional fee for an endorsement so while this lowers the number to 11 categories the department would have the flexibility to add a few I don't have the number in front of me but add a few license categories the print creates a flat fee of 49 for six month licenses and renewals and 99 for initial two-year licenses and renewals the committee print requires the department to issue a notice of an impending license expiration to the licensee no longer than no later than 60 days prior to the expiration date and reduces late fees for lapsed or expired business licenses the print slightly immense existing language in the code regarding the establishment of the business basic business license fund and the print amends Provisions entitled 48 of the code related to the closure of food establishments due to a lapsed or expired basic business license the district's current business licensing laws and regulations are burdensome confusing and outdated right now a resident looking to start a business must choose between over 100 license categories with a range of fees many of these license categories have been in the code since the early 1900s and the fees for each license are often prohibited prohibitive and unrelated to the administrative burden of the department issuing the license the modernizing Streamline our basic by business are to modernize and streamline our business licensing law Bill 24301 the committee print significantly Narrows the number of license categories reduces licensing fees across the board and removes our uptakes outdated in unnecessary provisions all of this will make it significantly easier for residents to start and maintain a business in the District of Columbia benefiting families communities and the district as a whole the community report includes a table that I can find it for example a barbershop license currently costs 190 dollars and a new fee would be 99. on the other hand a restaurant uh with 51-100 seats currently costs 844 dollars and would be reduced to 99 dollars uh one family rentals 198 dollars the current fees are all over the place and this brings it down to 99 dollars the committee of the poll excuse me the bill was introduced by council member Brook Pinto and co-owner Deuce Wisconsin and myself on July 12 2021 the committee of the whole held a public hearing on February 7th 2022 I moved the I there's no objection I'll move both to print and Report the leave for staff to make technical conforming and editorial changes is there discussion councilmember Pinto thank you so much Mr chairman for your comments and all of your work on this bill and moving it today I introduced The Business and Entrepreneurship support to thrive Amendment Act of 2022 otherwise known as the best act thank you to my chief of staff Genevieve if you like for coming up with that name to streamline the business licensing and renewal process so that it's easier to open and operate a business in Washington DC we should be the best place in the region to be in business especially now as we focus on our recovery I'm thrilled that we're moving this bill today out of committee and taking the first vote at our legislative meeting I also want to thank Kevin Reagan the entire team at IJ I'm Ella Hanson on my team Blaine stum on your team and you Mr chairman for your partnership on this important bill starting a small business in the district should be straightforward efficient and cost effective but the reality is that current licensing requirements are so convoluted that they discourage aspiring entrepreneurs and make it difficult for dcra now dlcp to enforce the law there are currently over 100 licensing categories and the possibility of additional endorsements each with accompanying fees while businesses with more resources can hire lawyers to help them navigate this process and can more easily afford the various fees many small business owners are left to figure this process out on their own this is time consuming costly and out of step with our City's values of promoting Equitable business opportunities for all the best act reduces the over 100 licensing categories to only 11 eliminates endorsements and reduces basic business license fees to 49 for a six month license and 99 for a two-year license the bill also waives licensing fees for businesses with under ten thousand dollars a year in annual revenue small businesses are the engine for our City's economic recovery and the covid-19 pandemic and they play a critical role in shaping the culture of our neighborhoods and making Washington D.C such a great place to live the best act sends a clear message that our city values the contributions of our small business community and takes an important step forward in removing barriers that have made it difficult for women and people of color to own and operate businesses in the nation's capital in the past thank you very much Mr chairman and I look forward to First vote on this bill today thank you councilmember Pinto is there any further discussions the motion is on both the print and report for Bill 24-301 Mr Cash would you call the roll council member Check Yes council member Shea votes yes councilmember Gray yes councilmember gray votes yes councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes I'm sorry Lewis George votes yes councilmember McDuffie yes McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes council member Nadeau yes yes councilmember Pinto yes councilmember Pinto votes yes councilmember Silverman yes councilmember Silverman votes yes councilmember Robert White yes councilman Robert White votes yes councilman we're trying on white yes councilmember Allen yes councilman Allen votes yes councilmember bonds yes councilman bonds votes yes Mr chairman there are 13 yeses thank you Mr Cash the print and Report would leave for staff are approved unanimously I'm General counsels to measure legally and technically sufficient for our consideration yes it is um secretary's record complete yes it is nope I'm sorry once the report is filed I almost got by um and uh Mr Deputy budget director does the measures fiscal impact statement comply with Council requirements yes it does I will note it's subject to uh it will be subject to appropriation to fiscal impact yes it's something like eight million dollars a year yeah over the four-year plan 29.5 million dollars we could just stick with the one-year cost but yes thank you no that is correct um without objection this measure will be placed on the consent agenda for today's additional legislative meeting the next item on the agenda is Bill 24-570. I'm not moving that today we were informed late last week that the office of Revenue analysis would not be able to complete the fiscal impact statement until I believe November 29th so this will come up on December 6th and if any member wants to talk to me about the bill please reach out because I want to make sure that members are comfortable with it the next item is Bill 24-665 which is entitled access to advanced placement exams Amendment Act of 2022. this bill would require DCPS to allow students participating in a homeschool program to sit for an advanced placement exam or exams at the school that the student could attend matter of right or a reasonable alternate location when the students or at a reasonable alternate location when the students of Rights school will not be offering that particular AP exam advanced placement exam and the advanced placement exam which was administered by the College Board enables willing and academically prepared students to pursue college-level studies while still in high school the program consists of college-level courses developed by the AP program that high schools can choose to offer and corresponding exams that are administered once a year each year the District of Columbia Public Schools offers at least eight AP courses at each of its comprehensive and application high schools with at least one course in each of the four core subjects if students take the AP exam and pass to College University they enrollment May grant them course credits all students enrolled in DCPS schools that offer AP courses are eligible to take the exams currently students participating in a homeschool program in the district do not have do not have a way a simple way to sit for advanced place and exams because homeschooled students by definition are not enrolled in a DCPS School Bill 24-665 the committee print requires Aussie and DCPS to make available on its website information on how non-enrollees may register for and pay for exams so these homeschool students would be able to take the exams and would pay two the district government DC Treasurer um and this bill facilitates that the bill was introduced by council member Che and myself on February 16 2022 and the committee of the whole held a public hearing on the bill on September 27 2022. without objection I'm going to move both to print and Report would leave for staff to make technical conforming and editorial changes is there a discussion councilmember Henderson um thank you Mr chairman uh I brought this up during the breakfast um I had two questions just in terms of administrative um how this would work I have no opposition I just want to be clear um and you say you needed to check with your staff so the first was around um this would be a reimbursement I guess to the district government in terms of um the cost given that schools pay the College Board up front I believe that's correct okay um the second question I had was around uh I guess we'll call it certification that a student a homeschool student is actually eligible to take the test because they took the course whose responsibility is it to check that my understanding is that would be Aussie okay So currently in order for a student where we have compulsory education in the city for a student to um be homeschooled the student or the parent or the student has to be enrolled through or with the knowledge of and approved by Aussie right so as he already knows of the student and Aussie would be able to certify that the student has taken the AP class or is taking the AP class so that's how the certification would have I will add uh I don't think this is in the report we think that the number of students each year would be in the single digits we're not talking about very many students but we are talking about an access to AP exams that ought to exist as they're further the questions or discussion uh we have the motion is for both the print report would lead for staff to make technical conforming and editorial changes and this is Bill 24-665 Mr Cash would you call the roll councilmember Gray yes councilmember gray votes yes councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes councilor loose George votes yes councilmember McDuffie yes that's right Duffy votes yes chairman mendelsohn yes the chairman Mendelson votes yes council member Nadeau yes Orlando votes yes councilmember Pinto yes councilor Pinto votes yes council member Silverman yes councilmember Silverman votes yes councilmember Robert White yes councilman Robert yes councilmember Treyon White yes councilmember Allen yes customer Allen votes yes councilmember bonds yes yes councilmember yes councilman Richie votes yes chairman there are 13 yeses the emotion which is both to print and reporters approved unanimously and I'm General counsels to measure legally and technically sufficient for our consideration yes it is and secretary is record complete once the report is filed Mr Deputy budget director does the measure District Olympic statement comply with Council requirements yes it does the objection dispatch will be placed on the consent agenda for today's additional legislative meeting the next measure for markup is Bill 24-939 entitled repeal of outdated and unnecessary audit mandates Amendment Act of 2022 the purpose of this legislation is to repeal outdated or unnecessary mandates for Audits and other reports required of the office of the District of Columbia auditor the council last repealed a number of audit mandates in similar legislation in 2016. notwithstanding this legislation the auditor's broad authority to audit and investigate remains unaffected and I'll probably say that two more times by repealing these statutory audits the auditor will have more capacity to perform useful oversight which will benefit both the council and the public the modification or repeal of any mandate does not affect the auditor's broad authority to examine or audit any agency or program in the district uh the report itemized or I shouldn't say itemized details each of the areas within which these uh mandatory or statutory audits are being uh repealed I do want to note that in the report on page three there are two paragraphs dealing with contractor records I should say sub sections dealing with government contractor records the second one is a mistake the um what the committee print does is it does expand the auditor and inspector General's authority to access the books and Records of District government contractors or subcontractors for all contracts but it does not change the current law with regard to how long records must be maintained this legislation was introduced by me on July 13 2022 the committee Hall held a public hearing on October 27 2022 committee received no testimony or comments in opposition to the legislation without objection I move both print and Report would leave for staff to make technical conforming and editorial changes is there discussion the vote will be on pr24-939 both Supreme and Report would lead for staff Mr Cash would you call the roll councilmember Henderson yes councilmember Henderson votes Yes councilmember Lewis George yes Mr George votes yes councilmember McDuffie yes Mr McDuffie votes yes chairman Mendelson yes chairman Mendelson votes yes councilmember Nadeau yes from Nado votes yes council member Pinto yes councilmember Pinto votes yes councilmember Silverman yes councilmember Silverman votes yes council member Robert White yes councilman Robert White votes yes councilmember Treyon white yes councilman Trey on white votes yes councilmember Allen yes councilmember Allen votes yes councilmember bonds yes councilman bonds votes yes council member Che yes council member Che votes yes councilmember Gray yes councilmember gray votes yes Mr chairman there are 13 yeses uh the motion to approve both the print report would leave for staff has approved unanimously next item and last oops I'm General counsels the measure legally in Texas based sufficient for our consideration yes it is and secretary's record complete once the report is filed Mr Deputy budget director does the measures context statement comply with Council requirements yes it does the objection dispatch will be placed on the consent agenda for today's additional legislative meeting the next and last item for markup in the Canadian hole is Bill 24-66 enteral soil disclosures modernization Amendment Act of 2022 this bill was sequentially referred uh first to the command transportation in the environment and then to the committee of the whole uh councilmember key I didn't talk to you about this do you want to make any presentation here or leave it to me go with it I'll go with it thank you as introduced and marked up by the Community Transportation in the environment bill 24-66 would require disclosure of the characteristics of the soil on a property in any contract to convey real estate to convey real estate in the district but would update the source of this information to a more current and user-friendly cell survey map that's as introduced let me give a little background very briefly in 1977 the council approved DC law 2-23 the soil erosion and sedimentation Control Act of 1977. that law required that any uh contracts for the conveyance of real estate has to disclose the soil for that property since the passage of the law real estate agents in the district must consult a soil survey map of the district published by the U.S department of Agriculture in 1976. and provide information on the characteristics of the soil of the property being purchased in a contract as introduced and is marked up by the Community Transportation environment the bill would continue to require disclosure of soil characteristics in all real estate contracts but would update the source of for soil information to a more current not a 1976 map but a more current and web-based soil survey published by the United States Department of agriculture's natural resources conservation service published in 2019 while the web-based application makes it much easier for real estate agents and others in the industry to provide characteristics of soil and real estate contracts the committee assuming this is approved is not convinced that this disclosure is necessary or useful first a committee could find could not find another jurisdiction with a similar requirement in the country second the disclosure Provisions in a typical real estate contract provide only the most basic information on the soil nothing of significance in the committee report there's an example I believe it's a property in Georgetown it says in the contract real estate contract the characteristic of the soil the property is described by the soil conservation service the United States Department of Agriculture and the sole survey of the District of Columbia published in 1976 and as shown in the soil maps of the District of Columbia is Urban Land sassafras Charlotte this really says nothing to a purchaser it says nothing about the risk of soil erosion the risk of flooding or ponding it doesn't give any other information about risks posed by the soil on the property given these facts the committee print for the committee of the whole repeals this disclosure requirement altogether this bill was introduced by councilmember Che in February 2022 the committee on construction and the environment held a public hearing on May 19 2022 it marked up this bill on October 20th 2022. uh I move with our objection I'll move both to print and Report would leave for staff to make technical conforming and editorial changes is there discussion the vote will be on Bill 24-66 both the print report would leave for staff Mr Cash would you call the roll councilmember Lewis George yes councilman Lewis George votes yes councilmember McDuffie yes McDuffie votes yes chairman Middleton yes chairman Mendelson OTS councilmember Nadeau yes the dove OTS councilmember Pinto yes councilor Pinto votes yes councilmember Silverman yes councilmember OTS councilmember Robert White yes councilman Robert White votes yes councilmember Treyon White yes our train on white votes yes council member Allen yes councilman Allen votes yes councilman bonds yes councilmember bonds votes yes yes councilman yes councilmember Che votes yes council member gray yes Ray votes yes councilmember Henderson yes councilmember Henderson votes yes Mr chairman there are 13 yeses the print and Report relief for staff are improved unanimously I'm general counsel is to measure legally and technically sufficient for our consideration yes it is I'm secretary's record complete once the report is filed if your Deputy budget director does the measure Cisco impact statement comply with Council requirements yes it does without objection this measure will be placed on the consent agenda for today's additional legislative meeting that completes markups in the committee as a whole we have consideration of measures from other committees the first two are from the committee on Judiciary and Public Safety chaired by councilmember Charles Allen and the first is Bill 24-203 medical examiner records privacy Amendment Act of 2022. Mr Allen thank you very much Mr chairman Bill 24-203 the medical examiner records privacy Amendment Act of 2022 was introduced on April 1st 2021 by you with a request of Mayor Bowser the bill is referred to the committee on April 6 2021 and the committee held a hearing on it on May 3rd at 2021. it was approved unanimously at the committee's additional meeting on November 3rd 2022. as introduced to bill 24-203 would have made all records generated or maintained by the office of the chief medical examiner or ocme confidential and exempt from disclosure under the district's Freedom of Information Act it would have allowed next to Kin and those seeking an external examination or autopsy report for legal proceedings to request access to the report directly from ocme but all other persons would have uh been required to file lawsuit in the superior court and then demonstrate a compelling interest that outweighs the decedents families privacy interests under current law any person with a quote legitimate interest may have access to ocme case files and Records this term is admittedly vague and results in litigation however the introduced version of the bill goes too far by exempting All ocma Case Files and records from poya the committee print finds a middle ground by respecting decedents and their families discouraging voyeurs but also accounting for the public interest first the 3D print explicitly clarifies that external examination or autopsy reports are public records under the district's foia laws with respect to certain information this changes this change reflects the recognition that there will be instances where the Public's need to know about the circumstances of an individual's death outweighs the Privacy interests of the seed and families one needs to look no further than the events of January 6 to appreciate this The public's need to know can be great and access to information can be critical making sure the events of a day are accurately recounted second the committee print allows for certain individuals to request an external examination or autopsy report directly from ocme without having to utilize the freedom information act including next of kin the executive of the decedents estate or insurance company and third recognizing that the release of photographs videos or images of a decedent's body taken during an autopsy it can be inflammatory or personal If released publicly the bill explicitly makes these items confidential and exempt from disclosure except under very limited circumstances OC mini would be able to disseminate photographs videos or images for use or potential use in criminal or civil proceedings or for use in medical or scientific education or research where the identity of the individual is confidential lastly at the request of ocme the bill makes a change as to how ocme handles property found on or in the custody of a decedent that aligns with best practices OC May would be able to give Ada sedan's personal effects more quickly to Next of Kin and easily dispose of property found on or in the custody of the decedent that has no apparent value like a gum wrapper or poses a risk to Public Health or safety like stained clothing the decedent was wearing thank you Mr chairman and I request this measure be placed on the consent agenda for the legislative meeting to follow thank you councilmember other questions from members um general counsel is the measures legally technically sufficient for our consideration yes it is I'm secretary for record complete yes it is Mr Deputy budget director doesn't measure Cisco impact statement comply with Council requirements yes it does the objection this budget will be placed on the consent agenda for today's additional legislative meeting Bill 24-951 automatic voter registration expansion Amendment act to 2022 council member Allen thank you very much Mr chairman I introduced Bill 24-951 the automatic voter registration expansion Amendment Act of 2022 on July 14 2022 the committee to which the bill was referred on September 20th held a hearing on the bill in September 16th and the committee voted unanimously in favor of the bill on November 3rd 2022. this bill builds upon and expands the district's current automatic voter registration system which was created by legislation introduced in 2015 and passed unanimously by the council in 2017. our current AVR system is what is known as front end in which residents are given the opportunity to opt out of being automatically registered to vote at the time the transaction with the Department of Motor Vehicles since its implementation the district's AVR system has helped dramatically increase voter registration and it's streamlined the registration process however the growing consensus among many election experts is that what is known as backend AVR is the superior model under back-end AVR the prospective voter is given the opportunity to opt out after the agency transaction usually through a mailer sent to their home address several leading jurisdictions and elections policy including Colorado Massachusetts Nevada and Oregon currently use this model with great success there are several benefits to backend AVR first it's more effective at increasing registration than front-end AVR and second back into AVR increases the accuracy of the voter rolls by automatically updating registered voters addresses third back-end AVR results in more representative electorate Studies have shown the system captures more young voters low-income voters and non-white voters as well as producing higher voter turnout overall and fourth back into AVR has significant advantages in terms of security by presenting fewer opportunities for user and system errors and lastly back into avr's cost saving it decreases undeliverable mail to incorrect addresses which is particularly important as the district transitions to all mail-in balloting this bill transitions the district's AVR to a back-end system and creates a pre-approved for registration list for eligible unregistered voters under this model prospective voters information is automatically Sent From the Source agency such as the DMV to the Board of Elections for eligibility verification that board places the eligible prospective voter on a list of residents who have met eligibility requirements but are not registered to vote in the pre-approved for registration list importantly residents placed on this list aren't yet registered to vote instead they're placed on the pre-approved for registration list which is a list of eligible but unregistered voters and is separate from the voter roll within 14 calendar days after receipt to the prospective voters registration information the board is then required to mail a notification to the person that includes instructions on how to activate their voter registration in other words move their name off that pre-approved for registration list and onto the voter rolls the mailer also gives the person the opportunity to affiliate with a political party and a request removal from the pre-approved registration list if desired residents on that pre-approved registration list can activate the registration simply by showing up the polls or returning a mail-in ballot there's no no need for these voters to show proof of Eligibility or to take additional steps other than actually voting the print also includes several other noteworthy Provisions to facilitate the expanded AVR system versus allows residents on the pre-approved for registration list to affiliate with a party when they appear at the polls on Election Day an exception of current law if I can have just 30 more seconds Mr chair without objection the print also requires the board to mail all residents on the pre-approved registration lists a mail-in ballot for general elections through which a resident can activate their registration by returning and the print also expands The Source agencies for AVR to include the Department of Healthcare Finance so that Regis residents applying for medical assistance programs like Medicaid are automatically added to the pre-approved registration list if deemed eligible by the board and lastly the media print includes an applicability date of January 1 2025 to allow time for the board to plan for and implement this new system thank you Mr chairman I asked this measure to be added to the consent agenda for the legislative meeting to follow thank you Mr Allen are there questions from Members Mr chairman councilmember I put this question to council member Allen uh before but I just want to make sure it's out there for others um some years ago I did a major reform on voting you know early voting and all of that but one of the aspects of it was you can register uh on the same day as the election same day registration and I had asked councilmember Allen so I'll put the question again here for uh everyone else this does not um change same-day registration that still exists the way it is now correct 100 correct thank you thank you further questions Madam general counsel is to measure legally and technically sufficient for our consideration yes it is I'm secretary's record complete yes it is Mr Deputy budget director does the measures Cisco impact statement comply with Council requirements yes it does the objection that special will be placed on the consent agenda for today's additional legislative meeting uh the next three measures were reported out of the committee on housing and executive Administration chaired by councilmember Anita bonds each is before us were the waiver a proposed waiver of committee the whole rule 403 b uh that's because although they were filed timely to get on the agenda they were filed a day late in terms of not having to waive rule 403 b this is no objection I'll recognize councilmember bonds to move the waiver of committee the whole rule 403 b for all three bills hearing no objection councilman bonds do you want to make that motion um yes thank you um chairman I asked that we waived the requirement there's a motion to waive to me the whole rule 403b for the three bills uh if there's no discussion on a voice photo all those in favor of waving the rules say aye aye aye aye are there any no votes uh the motion is approved the waiver is granted uh the first bill is Bill 24- 2 excuse me 24-419 no senior hungry Omnibus Amendment Act of 2022 councilmember bonds thank you um chairman today I'm moving the no senior hungry Omnibus Amendment Act of 2022 this legislation was introduced by council member Shea along with council members gray Louis George Henderson Allen trayon White pinto and myself on October 1 2021 committee held a public hearing on February uh 14 2022 and a markup on November 9 2022. but no senior hungry Omnibus Amendment Act of 2022 establishes a senior nutrition services Communications plan and a senior food security plan to address senior food insecurity further this legislation creates an interagency senior food security task force led by the department on aging and Community Living to regularly evaluate the district's programs and policies related to senior food insecurity other provisions of this legislation additionally amend the following Acts the food stamp expansion Act of 2009 to require the Department of Human Services to expand access to the snap enrollment system and streamline submission processes the healthy tots Act of 2014 to require the office of State superintendent of Education to provide Outreach and technical assistance to Adult Day Care Centers eligible for the child and adult care food program and the Department of Health Care Finance establishment Act of 2007 to require reimbursable Services Under the epd Medicaid waiver to include home delivered meals nutrition no supplement and Medical Nutrition Therapy over the course of four years this bill is projected to cost over 75 billion dollars and is reliant on the collaborative efforts between the department on aging and community living and the Department of Human Services the Office of the State superintendent on the education and the Department of Health Care Finance I'm very pleased with the overwhelming support the bill has gone it from various organizations and individuals throughout the district and urge my colleagues to support this bill today to take another step towards combating senior food insecurity in the district thank you Mr chairman and I move the bill thank you councilman are there questions from members Madam general counsel is to measure legally and technically sufficient for our consideration yes it is I'm secretary's record complete yes it is Mr Deputy budget director does the measures this glimplex statement comply with Council requirements yes it does the objection dispatch will be placed on the consent agenda for today's legislative meeting Bill 24-649 elimination of discrimination against women Amendment Act of 2022 this bill was reported sequentially first from the committee and government operations and Facilities shared by councilmember Robert White and then the committee on housing and executive Administration Chair by councilman wands let me first ask however white do you have anything to present on this or do we start with Miss bonds I think we're starting with Miss bonds at this time I would love to say a couple words okay great all right thank you Mr chairman today I'm moving the elimination of discrimination against women Amendment act to ensure a safe and comfortable stimulating and fair work environment for women and District agencies um it amends the District of Columbia commission for women act of 1978 to include additional requirements for identifying and combining gender discrimination the District of Columbia commissioned for women act of 1978 was crafted with the goal of supporting and bolstering programs that have an emphasis on evaluating and improving the status of women in D.C in 1979 short after the District of Columbia commissioned for women act of 1978 was established the United Nations adopted the convention on the elimination of all forms of discrimination against women this um proposal deliminates what constitutes discrimination against women and established is an active action plan Bill 24 649 bills on the requirements and basic tenants stated in the United Nations action plan the committee added a reference to Section 102 Korean 12 a of the Human Rights Act of 1977 to define the term gender identity or expression to be a gender-related identity appearance expression or behavior of an individual regardless of the individual's assigned sex at Birth my committee added the term gender identity or expression in the language of the required data to be reported in a gender analysis to ensure that all data collected of individuals gender identity or expression will be protected from disclosure the bill requires all district agencies to designate a liaison to the commission for women and to conduct a comprehensive gender analysis every two years and it requires the commission for women to develop a five-year city-wide action plan for correcting any deficiencies identified by the gender analysis the committee also added language to this section clarifying that the commission must submit the city-wide action plan to the mayor and the council within a year of it becoming law and every five years thereafter and moving forward this legislation today because it does important work in combating gender inequality it uses the principles of the United Nations to identify and address the underlying causes and extensive repercussions of gender discrimination requiring that individuals engage with co-workers respectfully um with an objects thank you holding government agencies and leaders accountable for fostering and inclusive work environment and providing employees with gender Equity training all critical steps in combating gender discrimination and building compassion and understanding in this legislation will assist us in reaching our goal of one day providing a work environment in which women can meaningfully successfully and equally participate and contribute and thank you Mr chairman and now turn to my colleague councilmember White uh thank you councilmember bonds and chairman Middleton the elimination of discrimination against women uh Amendment Act is a significant step to achieving gender equity in the district the reason I drafted this bill is to end discrimination against women in the district particularly in District government agencies this bill is grounded in the principles of equality and respect for human dignity found in the United Nations as convention on the elimination of all forms of discrimination against women or cdaw I introduced this bill in January of 2022 with the support of council members Che McDuffie Allen Nadeau Treyon white pinto and Louis George in June we held a public hearing with the committee on housing and executive Administration to which the bill was sequentially referred I'd like to thank council member Bonds in the committee on housing for getting this bill to us today after my committee marked it up last month I'd like to thank the United Nations Association for providing guidance to my committee on how to strengthen the bills and implementation and I want to thank Lisa Wright with the committee on government operations and facilities for whom for whom this was the first major Bill shepherded through the legislative process a key element of the bill that I'd like to highlight is conducting a gender analysis for every DC government agency I believe that gender analysis will help the district better understand the ways in which systems of inequality based on sex race gender identity and other identities intersect to create unique Dynamics in Dynamics and effects the analyzes would also illuminate the the racial and gender in inequalities for transgender people of color in DC so I look forward to voting in favor of this bill and the chairman thank you for your Indulgence thank you uh are there questions from members Madam general counsel is to measure legally and technically sufficient for our consideration yes it is I'm secretary's record complete yes it is Mr Deputy budget director does the measures Cisco impact statement comply with Council requirements yes it does the objection this measure will be placed on the consent agenda for today's additional legislative meeting next is Bill 24-996 senior nutrition health and well-being Act of 2022 council member bonds um thank you chairman Bill 24996 the senior nutrition health and well-being Act of 2022 was designed to ensure that the department on aging and Community Living has the guidance to successfully improve the quality of life as seniors in the district this bill codifies various programs and services that the agency is tasked with and aims to improve delivery of services using collaborative and data-driven methods the bill ensures that the seniors are aware and have access to the full range of services offered by the agency and the district it requires the agency to distribute informational mailers establish a community to live task group and requires the agency to establish a wellness check program the bill requires the agency to provide enrollment assistance improve their referral processes incorporate senior input and collect and Report certain data it also requires the agency to provide training to home health aides regarding new dietary preparation and cultural competency the senior nutrition health and well-being act not only emphasizes the importance of senior nutrition and health but also highlights the need to address the overall well-being of seniors the bill comprehensively targets the biggest issues facing seniors in the district regarding nutrition but also access to housing issues of isolation and situations of neglect by addressing these issues the bill makes it more feasible for seniors to age in place here in the district I also intend to offer an amendment to this bill which will make a minor change to one of the data collection and Reporting requirements instead of requiring the agency to collect data on vacancies and assisted living and nursing home facilities at the time of each referral the bill will now require the agency to collect a quarterly census of occupancy and base vacancy rates and this data will be reported annually in the agency's performance oversight report I urge my colleagues to support this bill as amended and to support our seniors thank you chairman thank you councilmember Bonds are there questions from members general counsel to measure legally and technically sufficient for our consideration yes it is secretary is the record complete yes it is Mr Deputy budget director does the measures fiscal impact statement comply with Council requirements yes it does without objection dispatch will be placed on the non-consent agenda for today's additional legislative meeting that's going to conclude the business for this meeting the next legislative meeting well we will have an additional legislative meeting uh following this meeting and I'm going to propose a roughly a 15-minute break between this meeting and the next meeting uh following today's additional legislative meeting we will have a regular legislative meeting on Tuesday December 6th and there will be an additional committee the whole meeting prior to well on December 6th as well prior to the legislative meeting uh with that we will start the legislative meeting at 210 The Time Is Now 1 53 p.m and this meeting is adjourned foreign oh members should be gathering in the council chambers all right we're keeping tabs we're keeping it starting a list of the members who aren't here yet foreign Madam Secretary our uh folks online present you know um I'm snacking yes Mr chairman okay and we've got the four in the chamber we have a quorum yes you do of course on the other hand we'll have to move to reconsider the consent agenda and you've got to take yes yes um secretary do you think we should begin yes Mr chairman hey I'm gonna start at 2 15. foreign go away I'm going to order this meeting this is the 39th legislative meeting of council period 24 of the Council of the District of Columbia I'm Phil Mendelson chairman of the council today is November 15 2022. the time is 2 15 in the afternoon this meeting is being conducted I want to say live in the council chambers room 500 of the Johnny Wilson building but a number of members are participating virtually the meeting is being broadcast live via the zoom video conference broadcast platform it's being broadcast live on Console Channel 13. I believe it's streaming on DC Council the DC Council website which is www.dccouncil.gov we always begin our legislative meetings with a moment of silence an opportunity for reflection I would ask that everyone observe a moment of silence Madam Secretary would you call the roll councilman Allen here councilmember bonds councilmember bonds councilmember Che machay councilmember Gray yeah councilmember Henderson here comes from Louis George here councilmember McDuffie yeah chairman mendelsohn president councilmember Nadeau here councilmember Pinto present councilman Silverman how's Robert Silverman councilmember Robert White president comes from betray on white present Mr chairman you have a quorum oh thank you Madam Secretary this is an additional meeting so the logs were covered during the committee of the whole meeting we have the consent agenda before us are there any changes to the consent agenda Mr chairman councilmember Pinto can I move to remove item F3 Bill 24 1070 The coronavirus immunization of school students temporary Amendment Act of 2022 off the consent agenda please are you asking permission I know it's interesting in a polite way if we can move it off it is removed it's item three on page four I'll build 24-1070. I am removing from the consent agenda Bill 24-570 schools first in budgeting Act of 2022 this bill was not moved in the committee of the whole so it is not properly before us are there any other changes to the consent agenda we have the consent agenda before us there are two changes on page three at the top of the page number four is removed and on page four item three under Section f is uh removed from the consent agenda that's non-consent hearing no other changes to the consent agenda um secretary would you call the role the voters on the consent agenda as revised councilmember Allen yes personally votes yes councilmember bonds yes votes yes councilmember Chang Ed councilmember Gray yes has some degree votes yes councilmember Henderson yes remember Henderson votes yes comes from Lewis George yes that's from Louis George votes here that's Mama McDuffie yes chairman Middleton yes Cameron mendelton votes yes councilman down yes that's what I'm going to do votes yes councilmember Pinto yes remember Pinto votes yes Transformer Silverman councilmember Silverman councilmember Robert White yes member Robert White votes yes comes from patreon White yes my patreon white votes yes Mr chairman there are 11 yeses and two absents Mr chairman um motion to reconsider so councilmember Silverman can vote uh since I haven't announced a vote I believe it's still in order I'm secretary councilman consent agenda consent agenda I got that yes I'm secretary did you hear that no councilman Silverman yeah I'm voting yes on the consent agenda thank you Mr chairman there are 12 yeses and one absent uh the consent agenda is approved unanimously on page four item F3 coronavirus immunization of schools students temporary Amendment Act of 2022 councilmember Henderson do you want to say so moved some of Mr chairman is there a discussion Madam Secretary would you call the role the votes on Bill 24-1 zero seven zero well CS councilman but Shea councilmember Shea councilmember Gray yes I remember gray votes yes councilmember Henderson yes Mr Henderson votes yes comes from Lewis George yes president Louis George votes yes councilmember McDuffie yes remember McDuffie votes yes chairman mendelton yes Cameron mendelton votes yes councilmember nadeaux yes votes yes councilmember Pinto no that's remembered snow councilmember Silverman yes that's remember Silverman votes yes councilman by Robert White yes I'm from Robert White votes yes customer patreon White yes councilmember Tran white votes yes customer Allen yes awesome Allen votes yes Mr chairman there are 11 yeses one note and one absent can I that's number two I'd like to vote no on that measure please all right councilmember Shea votes no Mr chairman there are 11 yeses and two no's uh the bill is approved on Final reading uh we turn now to page five the non-consent agenda the first measure is Bill 24-445 excuse me four five five the Omnibus athlete agent and college athlete name image or likeness Amendment Act of 2022 I am going to uh I'm moving to postpone that to December 6th the committee report's not been filed there's no objection it will be postponed to December 6th during the objection is postponed the next measure is build 24-416 the revised criminal code Act of 2022 council member Allen thank you Mr chairman um since it's been pulled off the consensus agenda for the purpose of considering amendments let me just quickly summarize the revised criminal code Act which is a Monumental piece of legislation that overhauls modernizes and reorganizes the district's entire criminal code it is the culmination of almost 16 years of planning more than 50 in-depth working sessions between stakeholders in the district's Criminal Justice System three public D.C Council hearings countless Community meetings and almost two years worth of work in the committee there has not been a comprehensive rewrite or reorganization of our criminal laws since 1901 more than 120 years ago since then Congress and many different councils have created new crimes and tinkered with existing ones but unlike many other states the district has never comprehensively modernized its criminal code as a result our criminal laws are a mess they have been ranked among the worst in the country they lack Clarity completeness and proportionality they're the basis of a modern criminal code since 2006 an independent agency the criminal code Reform Commission and its predecessor the criminal code revision project has taken a comprehensive and informed look at the best practices across the country and within the district to draft a modernized criminal code removed from the day-to-day headlines but still reflective of the unique social fabric of the district the bill we have before us today is largely the work produced by the commission and is the product of countless meetings hard collaboration and compromise and thoughtful engagement by a wide range of stakeholders all of which might disagree with a particular element of the total package but unanimously recommended moving it Forward nonetheless the last meeting I spoke at length about the numerous compromises the committee made to accommodate additional requests from the U.S attorney's Office in the metropolitan police department and our last meeting I thank the many people that had done incredible work to help get us there I'm not going to repeat their names but I did neglect to single out Zach Walters from our office of general counsel and so I want to make sure I thank him for his outstanding efforts as well today we have the opportunity to take a Monumental step toward a much improved criminal code one that is more fair more clear more proportionate and just as effective at the holding people that do harm accountable and keeping our Cities Safe So to that end I'll be asking my colleagues to oppose any amendments and I now move the measure Mr chair thank you councilmember Allen we have the bill before us the agenda does note that there is an amendment from councilmember Pinto I'll recognize councilmember Pinto thank you very much Mr chairman and thank you so much to my colleague councilmember Allen for your huge amount of effort on this important bill the revised criminal code act or rcca as we refer to it is a much needed and important comprehensive update to ensure that our criminal code is clear fair and proportional without undermining our important needs for Public Safety the criminal code Reform Commission or CCRC was tasked with making recommendations to the council I have deep gratitude for their work and respect for their experience and their process But ultimately we as council members are tasked with representing our constituents and enacting the law the vast majority of ccrc's recommendations are implemented in the rcca but some changes were rightfully made in the committee's markup as a member of the Judiciary Committee work closely with chairman Allen to ensure that the rcca reflects the needs of our communities and that our law enforcement officials have the tools they need to best serve District residents I am very grateful for his collaboration on a number of issues raised by neighbors and our Public Safety Partners in response the Judiciary Committee increased penalties beyond what the CCRC recommended for several offenses including robbery carjacking burglary and offensive physical contact in recognition of the seriousness of these offenses my Amendment today makes a few similar changes to two other offenses out of a similar recognition of their seriousness and to ensure that penalties are proportional and aligned with current sentencing practices in our city specifically my Amendment relates to two offense categories first to the offense of unauthorized possession of a firearm which prohibits individuals previously involved in criminal activity or who are subject to certain court orders including anti-stalking and civil protective orders from possessing a firearm my Amendment treats a violation second degree possession as a Class 8 felony subject to a maximum allowable four years imprisonment the current version of the rcca limits sentences to two years but my Amendment would more clearly align with current sentencing practices importantly nearly all recent sentences would fall within this class eight penalties but 30 percent of current sentences are higher than the maximum penalties allowed under this current version of the rcca additionally violation by an individual previously convicted of a violent crime first degree possession would be treated as a Class 7 felony subject to a maximum of eight years imprisonment Mr chairman might have some more time please without objection thank you I was speaking about violations by individuals previously convicted of violent crimes first degree possession would be treated as a Class 7 felony subject to a maximum of eight years in prisonment rather than a Class 8 felony again this would more clearly align with our current sentencing practices second to the offenses of carrying a dangerous weapon carrying prohibited Firearms near schools daycares public pools and other spaces that are heavily populated by young people is inherently dangerous and inherently Reckless this amendment ensures that the offense is treated commensurate to other offenses that involve similar Criminal recklessness my Amendment treats this as a Class 7 felony subject to a maximum of eight years imprisonment rather than a Class 8 felony which has a maximum of four years to maintain proportionality because again I completely agree that that was an incredibly important piece of this code revision violations elsewhere in the community would be treated as a Class 8 felony subject to a maximum of four years imprisonment rather than a class 9 felony this would again conform with our current sentencing practices some have suggested that lower penalties are sufficient because multiple offenses may get stacked together and yes that is sometimes true but often it is not according to the DC sentencing commission between October 2018 and June 2021 there are 340 cases where the defendant was sentenced for unlawful possession of a firearm and in 70 percent of those cases this was the single offense that was sentenced these classifications acknowledge the toll of gun violence on our community and the ways in which guns create more possibility of harm and death at any moment I want to emphasize that we do not want sentencing in our city to be reactionary but we do have a responsibility to be responsive I'm deeply concerned about the proliferation of firearms and the increase in gun violence in our communities over the last year as I know all of our colleagues are and this amendment ensures that judges retain discretion and penalizing the possession of firearms and that the penalties reflect the gravity and seriousness with which we as a community view them these changes last two minutes over your time thank you Mr chairman I just want to know these changes are supported by the U.S attorney's Office who prosecutes these cases as well as mayor Bowser and I urge my colleagues to support this amendment today thank you very much thank you councilmember councilmember Allen thank you very much um I'm going to ask my colleagues to vote no on this amendment and let's be very clear it's not because I don't take gun possession seriously I do we all do the revised criminal code before us also takes gun violence very very seriously and while we are all concerned about the prevalence of firearms in our city the persistent levels of violence across communities and the inherent dangers of merely possessing a firearm even if it's never used I want to remind everyone sound criminal laws Embrace Nuance they do not obliterate it the amendment before us fundamentally misunderstands how Provisions in the revised code work in concert to create a well-ordered proportional system of punishment it ignores and fails to appreciate the way the rcca already accounts for how multiple offenses address illegal firearm possession and that sentences for each of those offenses can be set to run consecutively so they extend well beyond a penalty for just one offense alone and it fails to understand it doesn't explain how various criminal penalty enhancements available under the rcca can also increase the penalties to better match the seriousness of the offense there are penalties for anyone found a possession who has a record that will add years to their charge additional charges for carrying a goose gun charges for carrying an extended clip or a bump stock or any other modification there are enhancements for committing crimes or possessing a firearm while on pre-trial release simply put trying to tell folks that the rcca doesn't treat gun crime seriously is untrue the MMO forests would double the penalties for carrying a dangerous weapon across the board expanding a law for all offenses in attempt to carve out a small minority of cases that have received a higher penalty than what is authorized under the rcca many of those cases already involved more serious crimes in the first place and have additional charges I'll revisit those numbers during later debate but this amendment and its underlying rationale ignores that the worst of cases are often accompanied by convictions and sentencing for other violent offenses which would also be available under the rcca before us my bigger issue with this amendment is that it represents the kind of legislating by headline that got our criminal code into such a mess in the first place this amendment is not based on any data or evidence that it would improve safety It Centers the law and outliers and it flies in the face of the lessons that we should have learned in this amendment we'll be making the same mistakes as councils before us few jurisdictions actually decided in one Fell Swoop to create a system of mass incarceration it's Death By A Thousand Cuts as elected officials sought to have an answer for a very complicated and serious problem it starts if it feels like a small decision or a tiny amendment that eventually warped our Criminal Justice System into the contorted mess that it is today the fact that we're debating this on the very day we're taking a final vote to clean up the mess that made over the last 120 years should not be lost on anyone we could spend more time figuring out why so many crimes are unsolved Mr chairman if I can also have an additional Minister without a protection thank you we could spend more time figuring out why so many crimes are unsolved or why people who know more about those unsolved crumbs don't come forward or why people in areas of the district plagued by gun violence might feel the need to even arm themselves even when it could cost them years of their life but that's complicated it's hard it's uncomfortable and it's messy so instead we turn up the dial on penalties and we hope it will solve the problem maybe this will be the time against all evidence that the punitive policies will work it's what happens when we avoid doing what the data suggests what the science tells us what our own experience has proven and let's just talk about the research quickly well I could pull the same conclusion from any number of sources I'll use what I found from the National Institute of Justice which is the research development and evaluation agency of the United States Department of Justice the same Department of Justice that employs the U.S attorney's office the nij has found that the severity of punishment that is the length of sentence is not what makes that punishment an effective deterrence rather what actually creates a deterrent effect is the certainty of punishment the likelihood an offender will be caught and the swiftness of the punishment this is a fundamental principle of criminology accountability matters obviously no council member up here believes otherwise no matter how they vote today but we need to recognize the difference between accountability and when increased penalties have diminished returns and deterring new crimes while they create new Public Safety challenges Downstream let's not forget we're talking about penalties for possessing a firearm not actually using it we're talking about cases in which the gun was not used in the crime No One Believes we should tolerate or ignore illegal gun ownership obviously access to a firearm is a necessary ingredient to ultimately committing a gun crime what I'm saying is that proportionality requires that we acknowledge that gun possession without the use of that gun is not as dangerous or harmful as when that gun is used to frighten threaten hurt or God forbid kill someone that's a fundamental principle of the rcca the penalty should increase based on the harm committed which they do to match closely with the sentences that are handed out today I'll close with this the rise in gun violence other crimes we've endured for the last few years are taking place under our current criminal code with its higher maximum penalties for supporters of this amendment I hear you're saying that we need to raise penalties to meet this moment to send a message but I asked to show the work where's the evidence that this time it'll work at some point this Council has to reckon with what it means to have one of the highest incarceration rates per capita in the Free World and yet endure this kind of violence the criminal code Reform Commission did the hard work to wrestle with this and produce the recommendations by taking their time digging into the research and separating what we think works from what actually works so I encourage us not to take a step backwards now because it's neither true nor accurate to tell the public anything other than the truth which is the rcca before us seriously significantly and proportionately creates accountability for gun crimes thank you Mr chair thank you Mr chairman you know as I said this morning at the breakfast uh we're swimming in guns here in the District of Columbia and swimming and gun violence because of those guns um residents are being shot children being shot people are being killed um and we need a multi-pronged effort to be sure uh to respond to it uh but we would uh you know be blind if we didn't recognize that uh how we treat uh people who run around with guns doesn't matter I think it matters uh and this is not the time uh to loosen penalties for gun possession yes let's eliminate mandatory minimums but let's not impose this artificial ceiling that will reduce the punishment for these gun offenses some some say well it won't deter well by itself it's not going to take care of the problem of course not but it may deter to some extent and in any event deterrence is not the whole story there is punishment for Behavior that's dangerous and there's also messages and I think they do matter I think that you know as I said people want to be safe they want to feel safe it is not a good message from this Council to say that we're going to reduce uh crimes uh involving guns and especially that we should do it in the name of fastidiousness oh yes they worked a long time thank you very much they put it all together thank you very much but I don't think it should take away from this council's responsibility or that we should be blind to our responsibility to adjust penalties in terms of the harms that they cause and the dangerousness that they may involve um so I'm going to support uh councilmember Pinto's Amendment we don't have to swallow everything I did swallow many things in particular I don't like the extension of the you know second look uh Provisions but we have to have some standards and we have to have some lines that we won't cross I think this crosses one take away the minimum mandatory minimum but don't put these ceilings that will have the effect of reducing sentences for guns thank you uh I will speak uh and I'm going to speak in opposition to the amendment I want to be clear that opposition to the amendment should not be confused with whether we want to punish illegal firearm possession rather what's an issue here is what will actually improve our efforts to deter gun violence if the amendment doesn't have an effect then why do we need to support the amendment I think the I see two issues here first that there is an over emphasis in this discussion about the importance of sentencing and second that it misunderstands how this revised criminal code is constructed first with regard to sentencing the research is clear sentencing has little or no deterrent effect in fact when I say it has little or no that's really being diplomatic and kind the research is that sentencing has no effect and at no deterrent effect yes we need to punish people and yes there's some people who need to be put away for a long long time but those are other purposes than deterrents Swift in Certain Justice the research shows the certainty of arrest the con and certainty of conviction and the swiftness of that has a deterrent effect but not sentencing so we can argue about it we can argue about it all day and it really doesn't make a difference in terms of reducing gun violence politicians often propose longer sentences as a way to fight crime and it's the wrong approach um um I also want to add that for most sentences simple most sentences for simple gun possession fall within what's in the bill unamended the actual sentences will not be affected by this amendment in other words this amendment does very very little the second point about misunderstanding how this revised code is constructed the rcca proportionately increases penalties based on the dangerousness of firearm possession if a person with a prior conviction for Crime Of Violence possesses a firearm in their home the person is guilty of first-degree possession of a firearm by an unauthorized person carrying a firearm outside the home without a license which presents a greater a greater risk of harm compared to possessing the gun in the home constitutes a separate offense second-degree carrying a dangerous weapon punishable if the weapon is particularly dangerous for example if the firearm is a ghost gun this constitutes yet another offense the point being is that the way the code is constructed there's a layering of charges under the rcca these multiple offenses can apply in a single case and judges have the discretion to order that the sentences be served consecutively so under the situation I just described the RCC authorizes up to 10 years of incarceration for possession of a firearm not two years this amendment looks at one level of offense and misses or ignores the layering of charges built into the revised code so again there's an over emphasis on the importance of sentencing this amendment misunderstands how this revised code is constructed and again it's not about whether we want to be light on crime because we don't it's whether this will actually make a difference and it won't further on the amendment councilmember Henderson um thank you Mr chairman I um I asked a couple of questions about the breakfast that I want to ask here um on the record because I think it helps in terms of the narrative or people's understanding of what we're doing here today so councilmember Allen if you would so indulge um in terms of the bill overall what is the applicability date uh the bill at when it was first introduced to us the applicability date was going to be relatively quick about a year uh hearing feedback from the courts from a lot of stakeholders we decided to set an applicability date that's about three years out so that we have time to be able to do the type of uh training support improvements across the whole system to be ready for it to be able to be implemented so it's approximately three years approximately three years okay so I I want I feel like we need to reiterate this to folks especially in terms of this particular amendment I think that we all are concerned in terms of the gun violence that we're seeing in our city in particular I have a particular concern about the gun violence that we're seeing from juveniles and the criminal code that we're dealing with today doesn't deal with number one it doesn't deal with juveniles unless they are charged as an adult um and number two um any sentencing or penalty changes is not something that's going to go in effect tomorrow so if a person who is committing crimes today they're currently on trial today um we are dealing with the existing criminal code as it is and so I've had a lot of people who've reached out to my office to say how can you be reducing penalties in the middle of what we're going through and I just want to underscore to folks that this is um forward looking but also to the points that um you know the Sherman made earlier and that you did also councilmember Allen in terms of the proportional effects of layering here um in terms uh and I think there's another amendment that's pending and that's a similar conversation I think we'll have in terms of what our penalty enhancements what do those do and then how is all of this play out in practice um we received a letter because I have a little bit of time so I'm going to keep going um um we received a letter from the commission's executive director um jinwu Park and I appreciate him sending this and um very detailed but also you know include some footnotes and things like that as well and in one of them um he references some of the data so the DC Superior Court provided the CCRC with data on all adult criminal sentences imposed from 2010 to 2019. according to this data the median sentences for unlawful possession of a firearm was three years carrying a dangerous weapon was one year and possession with a percent possession of a prohibited weapon was three months respectively so I think that what we have before us in the I hope you guys can hear me um what we have before us um is I think in line with what um is in line with what has been sentenced in the past thank you thank you councilmember Anderson so there was some noise on the Deus which the members could try to control that uh further councilmember Lewis George we wanted to be recognized yes thank you chairman um I want to pick up on this thread from some of my colleagues um I think there is no doubt that gun violence is having a devastating effect on our communities um I've gotten those Late Night Calls letting me know about a shooting an award I've been to the scene to comfort families and speak to neighbors I have been to funerals um for community members who should still be with us today um as a council member I have approached this rewrite of our criminal code first and foremost from a lens of whether this will make our communities as a whole more safe that's in addition to the critical considerations we have about making our laws more just more Equitable more consistent and more proportional and more clear which is which is also an important step we're making today about making it more clear um I I cannot support this amendment because it will not make our communities any safer um but before becoming a council member I served as an Assistant Attorney General in the district who regularly brought cases to related to gun possession and gun violence in our city um from cpwls to UFT uas to Armed carjackings to carjackings um armed robberies so I want to be clear about the facts related to this amendment as as it relates to the law um I'll go with the first point that the chairman has already made uh that first off the data shows that higher maximums and longer presence princes and sentences are ineffective at deterring crime and are therefore ineffective at preventing gun violence um the American and Bar Association um has released data on this numerous of times for those of us who are barred in the District of Columbia and other jurisdictions um we know this uh people thinking about committee and crime do not read our statutes uh and nickel and dime which offense they will commit based on a sentence for each charge that's just not how this works and because we know that it doesn't work we should be more thoughtful about ramping up incarceration at a great cause to the public I.E tax dollars and at a great cost to incarcerate individuals victims um their families in their communities which are all a part of our communities um secondly I think the most important part here is not true that the revised code would let individuals off lightly for gun profession session the revised code has an entire set of penalty enhancements and additional charges related to possession to hold people accountable for possessing guns in our community to look at these two charges on their own is misleading and as any prosecutor can tell you does not reflect how these cases are realistically handled in courtrooms and in plea bargaining we have separate charges uh if the weapon is a ghost gun if the weapon is modified with the clip if the weapon is carried outside the home we also have if the weapon is carried by someone on a pre-trial detention and if the weapon is carried by someone who is a repeat offender these separate charges these enhancements already exist um uh chairman my time is almost up can I have an additional time please uh 30 seconds thank you lawyer lawyers will now be able uh more to more easily combine these offenses with our streamline code to bring forward an appropriate charge and then in an individual intends to use the weapon or actually uses weapon there's an another entire set of additional charges um and the penalty enhancements that are justifiably even more severe and result in longer sentences and there and and then there is of course the charge associated with the predicate offense the primary crime that was committed which is how we uncover and recover most of the legal guns in our city and so um we're falling for alarm is talking points when the reality is as a prosecutor is that in almost every case we come across individuals are being charged for a set of offenses and penalty and penalty enhancements that add up to a sentence that's much longer than any offense looked at in the vacuum and so though I have very serious reservations about the over-reliance um we need to tell the truth about the revised code and what it actually looks like in courtrooms here in the District of Columbia thank you thank you I I'm hesitating to cut folks off but I let the maker of the amendment and the chair of the committee go two minutes over and everybody else has been about 30 seconds over so um who else on first round Mr chairman McDuffie I'm going to keep my remarks brief because I really think my colleagues have done a a really thorough job of covering the points and I don't want to be redundant to what uh chairman of the Judiciary Committee has already stated um well what you have stated chairman um I will say in just an amplified point that Denise Lewis George has made as much as I wish and perhaps others think that people who are committing gun violence are actually looking at the penalties associated with possession of a firearm or any other uh penalty in our code the reality is on the streets they aren't and so we should really be thoughtful about disabusing people of the notion that the amendment before us is going to make our city safer in any way I don't believe that it would and I appreciate the efforts to provide Clarity following the Amendments by um the executive director of the criminal code Reform Commission by the folks at the D.C Justice lab I think it's important that people understand that we have a better code we will have a better code once this has passed uh and the concept proportionality is absolutely essential to the work of the commission but it's important for people to know that the criminal court before us is not lowering penalties in fact in many areas it is Raising penalties and what the public should know about safety and in the way that our criminal justice system works and even the tools that the U.S attorney's office has in some cases there are a whole new offenses that are easier for the prosecution to prove and I think that is something that we should we should be highlighting um I fully appreciate as my colleagues that articulated the crisis of gun violence that we're experiencing in the District of Columbia cities are across the country but what we're doing with our revised criminal code is absolutely essential the Amendments before us are not and therefore I'm not going to support uh the amendment thank you councilman McDuffie Mr chairman on first round councilmember um Robert White uh thank you Mr chairman I appreciate that my colleagues have gone through the data points uh thoroughly and so I don't want to spend time there I I would note though that the um objection or the support for this amendment comes uh from the U.S attorney's office which is within the Department of Justice the Department of Justice has almost a decade acknowledge that longer sentences do not deter crime uh the other perspective I want to share um is a more human perspective um growing up I met a friend when I was in junior high school and I shouldn't use his name so I'll call him Sam I was at an event actually at church um with with Sam and I asked him why he was carrying a book bag said he had a gun now this was an honor roll student um who had a mother who dealt with addiction and a younger sister with special needs but he couldn't get from his home to church without a gun to protect himself now as I grew up I realized there were a lot more people like Sam and we might in our heads think of anybody who's carrying a gun as a criminal and I suggest a lot of people who carry guns are criminals and should be off the streets but in the 80s and 90s what we did to keep us safe was to develop blunt tools that not only swept up dangerous people and criminals but also swept up people who I would say are in large part victims victims of failures from bodies like this one people who need help from bodies like this one so when we characterize people a certain way without understanding or having ever shared their lived realities by creating blunt tools we hurt those people more we are better than we were in the 80s and 90s because we have learned important lessons what I'm suggesting to my colleagues and others who want to keep our city safe is that my friend Sam is not by a long shot an isolated case there are people people in our city who live like this who don't want to live like this on today's agenda is a um a reporter will be I think the third report from the criminal justice coordinating Council from work that we have been doing uh in the background to study and examine the types of things that get young people in particular caught up in the juvenile system and the types of programs that help keep them out those are the types of Investments that help keep us safe there are some things that will get us good headlines there were some things that will make us feel good about what we did but there is collateral damage and we have to be conscious and careful about that so I suggest that blunt tools are not the answer here a balanced uh bill that the Judiciary Committee has developed with the right stakeholders is the right approach here I will vote no to this amendment I encourage my my colleague to vote no not because the intent is wrong but because the execution is misplaced thank you Mr chairman thank you councilmember uh second round councilmember pinto and then Tang thank you Mr chairman and I want to thank all of my colleagues for your powerful points and and statements and thank you councilmember white for sharing that story of your friend Sam and I think Sam is an exact perfect example of why we are getting rid of mandatory minimums because there are facts and circumstances of cases that deserve to be heard by judges judges should be granted discretion which is what I'm asking to give judges the opportunity to Grant to use their discretion I want to just address a couple of other things that were raised one this amendment does not raise penalties we have learned the lesson from our lessons from our past we're not raising penalties here this is still lowering penalties it's just raising the penalties in a more proportional way from the current version both versions by Amendment and the rcca both lower penalties for these offenses mine makes it more commensurate with current sentencing practices I won't uh spend too much time going over all those numbers again but um wanted to make sure that was very clear second I agree that proportionality is a huge concern which is why this was not based off of headlines or some reactionary response to our current state of affairs in our city it was based on a reading of the entire commission report and a look at all other classes in felony categories when I look at class eight felonies and see things like blackmail all the way to negligent homicide that is quite a wide range because again these are Mand these are allowable maximums permitted that I would argue and do argue that a legal possession of a firearm when the facts and circumstances dictate or commensurate with other Class 8 felonies which is why this amendment maintains the proportionality which is so important to the entire code revision and lastly I just want to note com about this is not going to solve gun problems in our city because I just have 20 more seconds 30 seconds without objection imprisonment is only one tool that we have to address safety and we know that we have to continue to look for other innovative ways to increase alternatives to incarceration where appropriate other Investments for our young people opportunities for jobs all of these pieces are extremely important to me to all of our colleagues to our city and we will continue working on those no one is suggesting this amendment is going to solve all of our gun problems um but I do think it's really important as a city that prioritizes and values gun control to take these measures seriously and to make sure that they're commensurate with other felonies in the code thank you council member second round any further that's number two oh yes just a response to some of the things that have been said and council member Pinto did did some of this work um all of the things that are being pointed out well you think criminals they look to the code and see what the penalties are before they do certain things well then why did we look at uh carjacking do we think the people who carjack go to the code and look at it and say I'm going to carjack today or not no so all of the things that are being said about this particular Amendment could be said about other changes that were made from what was recommended by the commission so I I hardly find those things uh persuasive and we have to stop saying that we're increasing the penalties what we're saying is that you shouldn't lessen the penalties or at least you should give judges the discretion uh to decide on what the penalty is within the range of what exists today we're not increasing uh the penalties and then the other point you know we should stop characterizing people in a certain way Sam needed a gun for his protection great the law will allow adjustment for those purposes this doesn't change anything like that this doesn't characterize anybody in a certain way but it does say we're not going to put an artificial ceiling that lessens punishment for uh uh gun possession in these certain areas and as councilmember Pinto said as a response to a number of things others have said here well why don't we do this and why don't we do that and why don't we what's that expression we can walk and chew gum at the same time this doesn't foreclose our looking at other methods to try to control guns in the district I think this is a very sensible change to put us back in a position where we were and do away with mandatory minerals so I hope people would look at this in the right light and then I think they could support it I support it thank you thank you councilmember Chang councilmember Allen thank you Mr chair um I I appreciate the comments from so many colleagues um and I do want to remind I guess not just the council but I think to the public it can be very difficult to compare our current sentencing practices with what the rcca provides this debate's actually a good example of the shortcomings of our current law because our criminal code relies on Broad ranges for sentencing and vague definitions so in practice it can be hard to know the factors a judge made when handing down a sentence there's a lack of consistency that I think frustrates everyone involved actually that is true for gun possession charges one of the biggest benefits we will see from the rcca will be greater transparency and consistency in sentencing but it is important to dig through the data and it is important how we talk about what this is or is not going to do within penalties I will just go back through the sentencing statistics for the second degree caring and dangerous weapon which is part of what this proposed amendment is trying to speak to because I've heard it said that it's trying to capture the the range of penalties that could be handed out the sentence under the courts right now that exceeded the two years that would be authorized under the rcca is in 7.2 percent of cases in though you have to look at because this is what you have to pull apart from what we have under current code and what we have under the rcca now some might say well it's only 7.2 percent so the 93 that's that's pretty consistent all right well guess what it's actually even more consistent because when you take a look at that 84 of those that go above two years had accompanying other charges but because of the lack of clarity in our code you have to dig in deep to pull all this out so once you pull that out what you find is that only 1.1 percent 1.1 percent of cases that had a conviction carrying a charge over the rccmax had no other conventions in this case so this what the rcca proposes without an amendment is 99 consistent with what the cases are and sentences being handed out um so I encourage my colleagues to vote against this amendment um and support the underlying rule thank you Mr chair thank you if there's no further discussion are you asking to be recognized councilman I am Mr chairman councilmember Silverman so I was open-minded about uh this amendment Mr chairman um but I will be voting against it um let me just State the obvious you know we are struggling with gun violence in our city and I hear my colleagues who are surrounding me you know and I think their intentions are are good we we need to have a comprehensive and effective solution um but uh what I'm I asked council member the council member who moved this amendment you know this in about a little bit more about the facts here this amendment does not increase penalties so if we're struggling now um we're going to remain struggling and I guess uh I'll leave it at that we need to come up with more than Optics our city our residents our businesses want effective Solutions not Optics thank you Mr chairman thank you councilmember there's no further discussion uh we'll have a Voice vote on this all those Mr chairman uh Madam Secretary would you call the roll please the vote is on the amendment yes councilmember Shea votes yes councilmember Gray yes comes from a gray votes yes councilmember Henderson no councilmember Henderson votes no councilmember Lewis George no that's from Lewis George votes no councilmember McDuffie no husband McDuffie votes no chairman mendelsohn no chairman Mendelson votes now councilmember Nadeau no husband and Joe votes no councilmember Pinto yes that's where Pinto votes yes councilmember Silverman uh no I was from Silverman votes no councilmember Robert White oh husband Robert White votes no councilman betray on white no that's from patreon White votes no councilmember Allen hello councilmember Alan votes no councilmember bonds no I remember bonds votes no Mr chairman there are three yeses and ten no's the amendment fails uh further on the bill yes chairman councilmember Tran White yes I want to thank uh councilman Allen and staff on the committee on disarray of Public Safety and all the residents experts and Advocates who testified to put the rise criminal code Act of 2022 before us today um introduced an amendment um and some of you have may have seen the circulated Amendment today and also the email by the DC Justice lab and cjcc as they indicated the rcca includes clear penalties for possession of high power weapons and accessories I mean as Mr Park noted in the email the rcca allows for multiple offenses and penalty enhancements I do not believe that this particular Amendment um which it creates a penalty of enhancement specifically for the use of high power Firearms high capacity magazines on the commission of a crime is a duplicate effort um this amendment specifically bumps up one class for the use of high power weapons during the commission of a crime I'm going to uh withdraw this but I wanted to speak to it even still um for the public record this was nothing short of a Monumental feat by those who organized the commission the council members uh to do a stiff sense of work to go into this um my Amendment today uh will raise the Senate the ceilings on the use of assault weapons machine guns a high-powered Firearms the penalty enhancement would also apply to the use for high-powered magazines extended clips uh in addition to a line from more than 10 shots would be five weapon doing a commission number crime in addition to the provisions that are deep that are already in the rcca around possessions is for low specifically for penalty enhancements with these extraordinary dangerous weapons on the commission of a crime um I'm never in my life seeing this amount of Weaponry used and uh communities where kids live where families live wherever they residents sleep eat and play um in my history in DC and I've been here when it was the murder capital and the crack epidemic as a young person in this city I'm hearing rounds go off 30 40 60 I even went to a crime scene was a hundred plus rounds of gun uh bullet fragments on the ground at one crime scene um and that's concerning we uh we have to you know I believe in a public health approach to Public Safety and I believe we started on that journey in DC we are way late but nonetheless we are pushing in that direction and made some leeway oh but I feel for my fellow parents uh Educators our children uh our workers in the community um and more importantly I've never seen as many women shot uh in our city right women and kids were strictly off limits not to say anyone wants to be shot for that matter but the rules have changed um again I'm gonna remove this amendment uh but I did want to speak to you know the the Weaponry of bullet spin using this committee that's not every time a blood leaves that chamber it lands somewhere and we're seeing crime scenes we have to call three to six ambulances to one crime scene to pick up victims off the ground and people we had we averaging about 2.5 people shot in DC a day um and and it's simply out of control and so I know this doesn't deter people from shooting um but we have to use methods like this and I'm not talking about my Amendment but just look at our codes and our laws again and also figure out ways we can do stuff on the front end to help people who um deter people from a life of crime and violence so I want to thank you councilman Allen the committee the advocates for introducing this building I'm gonna withdraw this today but I want to thank you councilmember white is there discussion on the amendment oh did you move the amendment or Mr White he withdrew it I misered okay yes I withdrew the image him thank you uh Is there further on the bill councilmember Pinto thank you Mr chairman um I just want to again thank councilmember Allen for all of his work on this bill and uh reiterate part of our discussion from the Judiciary Committee markup which is that this bill not only is a century or more in the making of needed updates but it really will do a lot to modernize standardize our code which will make things more consistent and fair both for prosecution and for defense um the defense and so I am still proud to support this bill um and I I hear a lot of our colleagues conversation from earlier about needed Investments and new strategies to think about safety and I just want to be clear to the public that I I think that this bill is a really important step forward and does a lot of really good things for our criminal code and so thank you Mr Allen and thank you to all of the many stakeholders who have been involved in this process thank you councilmember councilmember Henderson thank you Mr chairman again I spoke a little bit about this at the breakfast but I think it's important to put on the record um especially if some of our friends on the other end of Pennsylvania Avenue are listening um DC is in a very unique position and I think all of us recognize that and I said in speaking about council member of Pinto's amendment that the rcca is forward-looking and while there are some things that we can't expect or plan for I think we we have to do more work in terms of managing the judicial vacancies that we have which I believe is now 14 which is about a quarter and as more vacancies come online um I think the Chief Judges mentioned that we could be at a third um of our court bench being vacant in 2023. um so Mr President if you're listening um uh to the chair of the Senate Judiciary Committee um to uh Majority Leader Schumer I hope that we can get some of our judges who are currently pending confirmed but I also think that it's going to be important for this body to be nimble I am concerned about overwhelming the courts with some of the things that we have in the rcca and I appreciate that we have checkpoints as we bring back on the right to um jury dependability in terms of misdemeanors um and so I I hope that everyone um is open to um revisiting this if necessary um if our vacancy situation which we are hamstrung on but if our vacancy situation does not improve and I think I made a mistake I said share this in a Judiciary Committee I met his GAC um in terms of moving our judges so I want to thank everyone who worked very hard on this and diligently on this um I I do suggest that folks read the committee report which I think is very thorough and gives a good explanation of why we're doing this um and some of the changes that were made in a company print going forward so thank you thank you councilmember Henderson customer Lewis Church yeah um thank you um thank you chairman I just want to uh thank and command councilmember Allen and everyone on his staff and the Judiciary Committee for their years of shepherding this Monumental process of restructuring and improving our code um your work here will um go to make our city safer because true safety is rooted in equity and transparency and in access to Justice the Hallmarks of of this code reform um as a former prosecutor I need to say a special thank you for making um the jobs of of our of the defense prosecutors uh clear and more streamlined for bringing perpetrators to Justice I cannot emphasize enough um how messy and contradictory our code has been and how difficult that has made the jobs I've also uh I've also of our judges um and a judicial branch um I strongly support the slower phase-in of jury trials too um and can confirm from public uh the need to use this gradual approach to be attentive to the enormity of the work that will be placed on our courts and Justice officials if we take on too much change at once um and we will continue to monitor uh as this process goes on goes on and continue to be vigilant of Staffing up and ensuring vacancies are are filled um and in adopting this provision of the code the city must now be unified in demanding our federal Partners support us by filling our benches with qualified and fair-minded judges so thank you to councilman Allen for drafting our Council letter calling for Swift appointments to expand the capacity of our court system I also want to thank you chairman Mendelson for your vision uh for your vision more than 15 years ago as Judiciary chair to create a criminal code revision commission to bring in experts to thoughtfully and thoroughly advise the city on such important undertaking thank you for keeping this work on track these many years our city also owes you a debt of gratitude for your perseverance and transformative for thinking in that respect and most especially I want to accept my deep gratitude of Staff leadership and members of the criminal code for vision commission for your years of service and detailed thorough work of course not everyone is going to agree about every word of a 400 page bill but your Collective work product had brought brought this city into the 21st century and we will be a safer stronger and more just City for years to come because of your work and to all the public Witnesses and criminal justice experts who testify and advise the commission of the years thank you as well this has been radically inclusive transparent transparent and thoughtful process for overhauling our criminal code and I'm so proud of of my colleagues in our city and I think that together the judicial branch the executive branch and the legislative branch moving forward the city will be better because of this and as always we will continue to work to make things better as councilman Henderson said and be nimble and making sure we make changes as we need them so thank you thank you councilmember councilmember Silverman yes um I am speaking up just to thank council member Allen and the Judiciary Committee for I think a major accomplishment a a tremendous amount of work went into this and I think we all need to to recognize that and praise you for it it has not been an easy task to negotiate uh with all of the parties involved so thank you councilmember Allen a significant achievement of yours and this Council will be the and city will be better for it thank you thank you councilmember if there's no further discussion the vote will be on Bill 24-416 to revise criminal code act this is final reading Madam Secretary would you call the role councilmember Gray yes comes from a gray votes yes councilmember Henderson yes remember Henderson votes yes comes from Louis George you're muted councilmember thank you you're still muted try um pressing and holding the space bar let's see if that works yes here we go thank you councilmember Lewis George votes yes okay great how's Marvin McDuffie yes remember McDuffie votes yes chairman mendelton yes Cameron Middleton votes yes councilman Adele yes that's what Minato votes yes councilmember Pinto yes that's where my Pinto votes yes councilmember Silverman yes husband votes yes councilmember Robert White yes degree excuse me one second random barking no problem for Robert White votes yes has one betray on white yes that's from betray on white votes yes councilmember Allen yes welcome to Allen votes yes councilmember bonds yes yes votes yes Mr chairman they're 13 yeses thank you Madam Secretary the bills improved unanimously we have first reading on Bill 24-996 senior nutrition health and well-being Act of 2022 this bill was reported out through the committee of the whole earlier today and uh councilmember bonds has an amendment councilmember bonds thank you um thank you chairman um I do have an amendment and the amendment really is designed to address the concerns that the department on aging and Community Living expressed the committee print language requires the department to collect data on the vacancy rates of assisted living and nursing home facilities at the time of each referral because the occupancy and vacancy rate of these facilities changes frequently sometimes even daily the department felt that this requirement was overly burdensome despite the Department's concerns collecting this data is important for determining if there is a need for additional assistance living and nursing facilities in the district and this amendment removes the requirement to collect the data at the time of each referral and instead requires the department to conduct a quarterly census of the occupancy and vacancy rate of all assisted living and nursing home facilities in the district by allowing the department to collect this data all at once instead of continuously throughout the year this amendment will streamline implementation of this reporting requirement so move chairman implicit As you move the bill and we have the amendment is there discussion on the amendment if there's no objection the amendment will be accepted is there objection the amendment is accepted we have the bill as amended is there discussion Madam Secretary will you call the role the vote is on Bill 24-996 councilmember Henderson yes that's remember Henderson votes Yes councilmember Lewis George yes this one Blues George votes yes councilmember McDuffie foreign yes remember McDuffie votes yes chairman Mendelson yes chairman mendelsohn votes yes councilman Adele yes councilman doe votes yes council member Pinto yes comes from the Silverman yes what's wrong with Silverman votes yes councilmember Robert White yes councilmember Robert White votes yes councilman betray only yes number three online folks yes councilmember Allen councilmember Allen votes yes councilmember bonds yes that's remember bonds votes yes councilmember yes councilman betray votes yes councilmember gray yes comes from the gray votes yes Mr chairman there are 13 yeses thank you Madam Secretary the bills approved first reading unanimously we will turn now to emergency bills the first is deep sea nursing education enhancement program emergency declaration resolution 2022 pr24-1042 councilmember Silverman yes thank you our city needs nurses we need Health Care Professionals of all types nursing facilities assisted living facilities home health care agencies have long faced challenges in recruiting and retaining qualified health care workers and we should be concerned about this right if we are going to have a city that ages in place we need to have Health Care Professionals who can help our moms and dads do that um the covid-19 health emergency accelerated um this shortage of health care workers as we all know uh and it has made it difficult for employers to find and keep qualified workers and I know everyone's busy but next time you have to go to the hospital you're gonna feel it with long waits in the waiting room so last year in response to this demand for Health Care Professionals I established and funded the D.C nurse education enhancement program program participants work toward nursing degrees and nursing care certifications such as the CNA certified nursing assistant Home Health Care Aid medication aid certified registered nurse and licensed practical nurse and LPN this program provides tuition assistance for students enrolled in courses at the University of the District of Columbia Community College and for students pursuing a bachelor's degree as part of a registered nurse to Bachelors of Science in Nursing degree uh students within the UDC Workforce Development and lifelong learning division do not pay tuition therefore the program provides students a stipend for living and transportation expenses we have been working with UDC on the rollout and in the 21-22 school year UDC Community College enrolled 75 students during this first year staff learned that while many students tuition was already paid through Federal Pell Grants many of the students struggle with paying for transportation to and from their classes and purchasing food while on campus students struggling with these things as we know will then struggle to study so it's important to provide students with the resources they need so that they can focus on their studies and become Health Care Professionals what does this legislation do today's emergency provides UDC with the flexibility to meet program participants needs by providing stipends to program participants within the community college um I encourage my colleagues to support this emergency so that we can increase the number of Health Care Professionals in our city thank you Mr chairman thank you councilmember Silverman we have the Declaration before us is there discussion councilmember bonds thank you very much and I guess the question to council member Silverman I want to make sure that I heard you correctly I think you said home care aids are one of the Health Care Professionals that would be eligible for this tuition assistance that is correct thank you thank you very much thank you councilmember bonds is there any further discussion the vote will be on the Declaration pr24-1042 comes uh Madam Secretary would you please call the roll councilmember Lewis George yes that's one of Louis George votes yes councilmember McDuffie yes that's one of McDuffie votes yes chairman mendelsohn yes chairman Mendelson votes yes comes from Benidorm yes councilman benedo votes yes councilmember Pinto yes let's remember Pinto votes yes councilmember Silverman yes remember Silverman votes yes councilmember Robert White yes councilmember Robert White votes yes councilman Trion White house remember Trey online yeah audio is back um I will check with you offline how's Robert Allen yes once from Alan votes yes councilmember bonds yes councilmember bonds votes yes councilmember Che yes or from Che votes yes councilmember gray yes can you hear me councilmember gray votes yes and councilmember white yes we can hear you councilmember Henderson yes council member Henderson votes yes Mr chairman there are 13 yes yes yes thank you Mr chairman they're 13 yeses uh thank you Madam Secretary I believe council member tram white voted yes three times we'll count them once your uh your connection was a little um off and on but uh we got you thank you um secretary you said 13 to nothing yes Mr chairman the declaration has approved unanimously we have the underlying Bill Bill 24-1097 council member Silverman I moved the underlying bill this time Mr chairman thank you is there discussion since the Declaration was approved unanimously we will have a role cut we will have a Voice vote on the bill all those in favor of Bill 24-13097 say aye aye aye are there any no votes Madam Secretary I don't see you hear any no votes do you agree agreed Mr chairman the bills approved unanimously the next measure is 11th Street Bridge Project emergency declaration resolution of 2022 pr24-1041 councilmember Shea thank you Mr chairman today along with council members Alan Tran white and you chairman Mendelson I'm moving the 11th Street Bridge Project emergency act and Declaration of 2022 the 11th Street Bridge Park is a landmark project that will construct a unique elevated park on the piers and foundations of the old 11th Street Bridge spanning the Anacostia River the new park will be a venue for healthy Recreation Environmental Education and the Arts the park also has the potential to positively affect the river bringing new life to the Waterfront and exposing residents to the unsurpassed beauty of this critical natural resource this project also has received National Acclaim for its Equitable development and anti-displacement plans The Bridge Park is nearing final design and permitting has rate has raised significant funds both from the public and private sectors and by and including the work of the council to expedite and increase funding in the 23 budget one of the final steps before construction can begin is for the project team to obtain a federal Clean Water Act permit from the Army Corps of Engineers however this cannot be issued until doe first issues a Clean Water Act section 401 certification one of our regulatory requirements to receive this certification is that we're a given amenity is not water-based say for example a running track within the park the project team must consider whether the amenity could be located on a non-water-based site and show that there are no suitable alternatives although Recreation education and yards could feasibly happen in other locations moving them from the Bridge Park would undermine the goals of the project this is a feature of the project intended to draw residents to the river and activate the Waterway nevertheless this regulatory requirement could prevent this project from moving forward these emergency measures would address that issue by narrowly exempting the bridge Park project from Doe's regulation regulations requiring that the project demonstrate that there are no feasible non-water located alternative sites for particular amenities and other intended uses of the park and I want to be very clear about something this 11th Street Bridge Project is unique in that the project will only deliver the aforementioned benefits to the district if constructed as planned over the over the river reusing the already existing Piers of the old bridge it will unite these communities in a way that is also unique I cannot imagine many other projects that would rise to the same level or that could reuse existing infrastructure it's because of those unique factors that I and my colleagues are moving these emergency measures today this action however should absolutely not be seen as an invitation for further non-water-focused development over our waterways where those projects would not comport with Doe's regulation one more moment please without reduction um and I want the record to be very clear here that this is again a unique project not opening the door to any other possible applications of what we're doing today carving out exemptions from our established Environmental Protections is not something I take lightly and it should be done rarely and only upon a showing of great cause this is one of those exceptions again given the unique and meaningful benefits provided to the district by this project the fact that it's built on existing Bridge piers and Foundation and it's effectively therefore a reuse of the existing structures an exemption is in the best interest of the district and again um I cannot imagine any other project that would that would meet these requirements so um I move the emergency declaration thank you councilman Richard we have the Declaration before it says there discussion yes chairman councilmember Treon white yes thank you I want to express my thankfulness to councilmember Che um and those those who are involved in 11th Street Bridge Project Scott cratson's team um and just The Advocates and showing that we can create a new look for the city on this park over a decade and make increase so many opportunities for Equity investment and development um and I will remain committed to ensuring that we have equity and inclusion at every phase of the resident award they deserves Innovation exemplary outdoor space and the literal and symbolic significance of this pedestrian bridge and it's not lost on me um I'm so excited about the future of this project it also launched the Douglas Community Land Trust to allow for more people to own homes that are affordability rates here in the district and here in Ward 8 um I'm proud to have co-introduced this I look forward to uh senior student at the finish line and also ensuring that residents feel like this is a part of our community we can be inclusive and drive be the driving force in this as we bring it to fruition so I want to thank you again councilmember checking the other members for voting to support this legislation thank you thank you councilmember uh further discussion uh we have the Declaration before us it's pr24-1041 Madam Secretary would you call the roll yes I was remember McDuffie votes yes chairman mendelsohn yes German mendels and votes yes councilman Bernardo yes husband Bernardo votes yes councilmember council member I'm sorry yes that's remember Pinto votes yes councilmember Silverman yes councilmember Silverman votes yes councilmember Robert White yes that's remember Robert White votes yes comes from over Treyon White yes remember Treyon white votes yes councilmember Allen votes yes councilmember gray yes on some of the gray votes yes councilmember Henderson yes customer Henderson votes yes and councilmember Lewis George yes that's from Louis George votes yes Mr chairman there are 13 yeses the declaration has approved unanimously we have the underlying Bill Bill 24-1095 councilman so move is there discussion the vote will be on Bill 24-1095 since the Declaration was approved unanimously we'll do a Voice vote all those in favor of Bill 24-1095 say aye aye are there any no votes um secretary I don't see her hear any no votes do you agree agreed Mr chairman the bills approved unanimously pr24 Dash one zero four five the small business relief grant program emergency declaration resolution of 2022 councilmember McDuffie thank you Mr chairman as part of the fiscal year 2023 budget the council approved an 8 million dollar allocation to the office of the deputy mayor for planning and economic development to support the district's small business relief grant program also known as the bridge fund as in Prior years dimpit plans to partner with a third party Grant making entity to manage the small business relief grant program defense current Grant making Authority allows for up to two percent of funding for the small business relief grant program to be used to cover administrative costs associated with administering the grant program also as part of the FYI 23 budget process to committee on business and economic development amended the grant programs authorizing legislation to allow sole Proprietors and home-based businesses to participate alongside traditional brick and mortar establishments to broaden the type of small businesses that would be eligible to receive funding experience from prior gland Cycles indicates that businesses require extensive assistance to be Grant ready and a substantial amount of effort is required to review applications determine Awards and ensure compliance with Grant requirements after Awards because dedicating two percent of funds the cover administrative costs is not sufficient to cover the amount of work that's going to be required to administer these Grant funds this measure increases the cap on the administrative costs to seven percent this emergency measure is necessary to ensure that Denver can select the grant administrator and launch the small business relief grant program in a timely manner this fall with that I move the Declaration thank you councilmember we have the Declaration before us is there discussion uh the vote will be on pr24-1045 Madam Secretary would you call the roll chairman Mendelson yes chairman mendelsohn votes yes comes from Minato yes councilmanado votes yes councilmember Pinto yes I remember Pinto votes yes councilmember sulferman yes councilmember Robert White yes councilmember Robert White votes yes councilmember Treyon White yes from patreon White votes yes councilmember Allen yes remember Alan votes yes councilmember bonds yes from the bonds votes yes councilmember Che yes councilmember Che votes yes councilmember Gray yes remember gray votes yes councilmember Henderson yes that's remember Henderson votes yes comes from bluish George yes press remember Lewis George votes yes councilmember McDuffie yes Norma McDuffie votes yes Mr chairman there are 13 yeses thank you Madam Secretary the declaration has approved unanimously we have the underlying Bill Bill 24-1104 council member McDuffie so moved is there a discussion since the Declaration was approved unanimous he will do a Voice vote on the bill the vote is on Bill 24-1104 all those in favor say aye aye are there any no votes um secretary I don't see you hear any no votes do you agree agreed Mr chairman Bill's approved unanimously we have three temporary bills PC nursing education enhancement program temporary Amendment act 11th Street Bridge Project temporary Act and the small business relief grant program temporary Amendment Act there's no objection we'll consider them in Block I'll say so moved is there any objection I know the secretary loves it we do one last roll call vote keeps her in practice the um vote will be on the three temporary bills that are on the agenda Madam Secretary would you call the roll that's what I'm going to do no votes yes councilmember Pinto yes remember Pinto votes yes councilmember Silverman yes that's remember Silverman votes yes comes from Robert White yes councilmember Robert whitefields yes councilmember Treyon White yes councilmember Allen yes that's one by Alan votes yes councilmember bonds yes Cassandra bonds votes yes councilmember yes number three votes yes councilmember gray yes councilmer gray votes yes councilmember Henderson yes I remember Henderson votes yes comes from Lewis George yes I was remember Louis George votes yes councilmember McDuffie yes councilmember McDuffie votes yes chairman mendelsohn yes chairman Mendelson votes yes Mr chairman there are 13 yeses the three temporary bills are approved unanimously uh that's going to conclude the business for this meeting our next legislative meeting is a regular meeting on December 6 2022 starting at 12 p.m except that there will be a commute hole first I do want to uh warn members and I should have said this earlier because uh December 6th is the penultimate legislative meeting of council period 24. I expect that there could be quite a long agenda and uh it is probable that we will start before 12 o'clock for committee the whole that does not mean councilmember Henderson that we will get out early it just means that we won't be getting out as late but there also will be a legislative breakfast so we'll have to sort of move along to handle all the um measures uh the time is now 3 46 p.m and this meeting is adjourned