D.C. Law 25-143. Term Clarification Amendment Act of 2023.
AN ACT
To amend the District of Columbia Administrative Procedure Act to clarify the publication requirements for Council bills and resolutions; to amend the District of Columbia Codification Act of 1975 to clarify the publication requirements and effective date for Council legislation; to amend the Office of Out of School Time Grants and Youth Outcomes Establishment Act of 2016 to clarify term limits for the Commission on Out of School Time Grants and Youth Outcomes; and to amend the District of Columbia School Reform Act of 1995 to clarify the term limits of members of the Public Charter School Board.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Term Clarification Amendment Act of 2023".
Sec. 2. Section 308(b) of the District of Columbia Administrative Procedure Act, effective March 6, 1979 (D.C. Law 2-153; D.C. Code § 2-558(b)), is amended by striking the phrase "emergency rules or acts" and inserting the phrase "acts, resolutions, or emergency rules" in its place.
Sec. 3. The District of Columbia Codification Act of 1975, effective October 8, 1975 (D.C. Law 1-19; D.C. Code § 2-601 et seq.), is amended as follows:
(a) Section 204 (D.C. Official Code § 2-602) is amended to read as follows:
"Sec. 204. Publication of Council acts and resolutions.
"A resolution or act passed or adopted by the Council pursuant to
(b) Section 206 (D.C. Official Code § 2-604) is amended by striking the phrase "enactment by" and inserting the phrase "passage by" in its place.
Sec. 4. Section 7(c) of the Office of Out of School Time Grants and Youth Outcomes Establishment Act of 2016, effective April 7, 2017 (D.C. Law 21-261; D.C. Official Code § 2-1555.06(c)), is amended to read as follows:
"(c)(1) Nongovernmental members shall serve regular terms of 3 years and may be reappointed; except that, of the members first appointed, the Mayor shall designate 4 to serve terms of 2 years.
"(2) No individual shall serve more than 5 full or partial terms on the Commission.
"(3) An appointment to fill a vacancy shall be only for the remainder of the predecessor's term, but the individual may be reappointed with the advice and consent of the Council in accordance with subsection (a) of this section.".
Sec. 5. Section 2214(a)(3) of the District of Columbia School Reform Act of 1995, approved April 26, 1996 (110 Stat. 1321; D.C. Official Code § 38-1802.14(a)(3)), is amended to read as follows:
"(3) Vacancies. — Where a vacancy occurs in the membership of the Board for reasons other than the expiration of the term of a member, the Mayor shall appoint, with the advice and consent of the Council, an individual to serve in the vacant position, taking into consideration the criteria described in paragraph (2) of this subsection. Any member appointed to fill a vacancy occurring prior to the expiration of the term of a predecessor shall be appointed only for the remainder of the term. Such an appointment shall not be considered an initial term of appointment for the purposes of paragraph (5)(B) of this subsection if fewer than 3 years remain in the term at the time of appointment.".
Sec. 6. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedure Act of 1975, approved October 16, 2006(120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 7. Effective date.
This act shall take effect following approval of the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), and 30-day period of Congressional review provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C Official Code § 1-206.22(c)(1)), and publication in the District of Columbia Register.
