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jurisdictions; (4) encourage business growth and job creation; and (5) modernize, simplify, and increase transparency in the District’s tax code. The Commission started meeting late August and has been focused on the background conditions of the District’s tax framework. Starting in February, they will focus on individual taxes (property taxes May/June 2013.) DCAR plans on submitting input throughout the course of the Commission’s work. Additional information can be found at: http://www.dctaxrevisioncommission.org.
District Legislation For the most up to date information on District legislation, visit www.dccouncil.us. DCAR Government Affairs staff has reviewed approximately 1040 bills and 1040 resolutions during Council Period 19. For additional information or to submit comments, please contact Ed Krauze, Esq. @ ekrauze@gcaar.com. LEGISLATIVE SUCCESSES B19-824, “Omnibus Alcoholic Beverage Regulation Amendment Act of 2012” B19-824 attempts to address a number of different alcohol, noise and night-life related activities. Most of these issues relate to ABRA (the Alcohol Beverage Regulation Administration), however, it also attempted to require real estate brokers and property managers to notify potential buyers and tenants of their rights under the District’s noise laws; and to amend the District Code to create new soundproofing requirements for mixed use buildings constructed after January 1, 2013. DCAR is pleased to report that thanks to adamant lobbying efforts with coalition partners and member outreach to Councilmembers and staff, such unnecessary provisions will NOT become DC law. An amendment to remove the mandated noise disclosure and construction soundproofing provisions PASSED-a win for the real estate community. B19-17, “Returning Citizens Anti-Discrimination Act” (previously known as “Human Rights for Ex-Offender Amendment Act of 2011”) Councilmember Barry’s ex-offender legislation prohibits employment and housing discrimination based upon past arrest or conviction, with certain exemptions unless a conditional offer of acceptance has been extended and there exists a relevant relationship between the conviction and the employment or housing access sought. After completely rewriting B19-17, Councilmember Barry immediately scheduled a hearing in Committee on Aging and Community Affairs. DCAR rallied with a coalition of business organizations to defeat the Bill by reaching out to Councilmembers and their staff. The Bill was only able to move to full Council after Councilmember Barry effectively prevented Chairman Mendelson and Councilmember Wells from voting in opposition to the Bill. DCAR continued its lobbying efforts and the Council most recently ruled Barry’s Bill out of order due to how he handled it procedurally. We will continue to monitor this legislation and thank all of our members that reached out and voiced our concerns. B19-825, “Basic Business License Renewal Amendment Act of 2012” (Passed) To amend the Omnibus Regulatory Reform Amendment Act of 1998 to extend the time period in which a basic business license must be renewed from every two years to every four years. DCAR successfully lobbied to move this Bill forward with an option provision to allow for either two or four year renewal. Bill 19-581, “Consumer Protection Amendment Act of 2011” (Passed) Prohibits the following: willful use of falsehood, innuendo, or
2012 November - December
ambiguity; representing that a transaction confers rights that it does not; unfair business practices; and authorizes non-profit organizations to bring suit under the District’s consumer protection statute. A problematic landlord/tenant provision was added to this Bill last minute, which DCAR and business coalition partners successfully had removed. LEGISLATION PASSED OR MOVING B19-795, “District Department of Transportation DC Streetcar Amendment Act of 2012” (Passed) This bill would establish a governance and financing structure for the District’s streetcar system. B19-747, “Technology Sector Enhancement Act of 2012” (Passed) Amends the definition of a Qualified High Technology Company and allows an income tax exemption for a Qualified High Technology Company. Currently, investors and other shareholders in tech startups pay an income tax rate of 8.95% on the proceeds of selling that stock. Mayor Gray proposed carving out a new 3% capital gains tax, with the hope of keeping and encouraging these entrepreneurs in the District. The Council stripped out this provision and sent it to the new Tax Revision Commission for further review. B19-819, “Sign Regulation Authorization Amendment Act of 2012” (Rules Pending) To allow the Mayor to amend regulations surrounding the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising, as well as to provide the Mayor with authority to issue, amend, repeal, and enforce rules governing signs on public and private property. It would also provide enforcement mechanisms for these rules. B19-993, “Local Budget Autonomy Act of 2012” (Passed) To amend the District of Columbia Home Rule Act of provide for local budget autonomy. B19-928, “Homestead Deduction Equity Act of 2012” (Pending) To defer for one year any delinquent real property tax owed as a result of an erroneous or improper homestead deduction, which the Mayor determines was made in good faith, and to apply retroactively the 50% homestead deduction in computing real property tax owed by homeowners to the first day of the tax year regardless of the date on which the eligible property owner applied. It would allow for the deferral of payment of delinquent taxes resulting from a rescission of the Homestead. B19-939, “District of Columbia Fire and Casualty Amendment Act of 2012” (Pending) To amend the District of Columbia Fire and Casualty Act to require homeowners insurance companies to clearly state that homeowner’s insurance does not cover all risks and to list the additional optional coverage available to the homeowner; to require the homeowners insurance company to notify applicants that homeowner’s insurance does not cover losses from flood and to explain how flood insurance may be obtained. B19-938, “District of Columbia Flood Assistance Fund Amendment Act of 2012” (Pending) Requires the Director of the District Department of the Environment to establish and administer a fund to assist District residents with the costs associated with overland flooding and sewer line backup flood damage to homes and personal property. It also creates a Flood Assistance Fund collected by DC Water and remitted to the District Department of the Environment. DCAR submitted a letter to all members of the Council stressing the important of addressing the overall problems associated with the District’s aging water and sewer infrastructure. continued on page 20
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