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1 Councilmember Kenyan Mcduffie 1 ______________________________ ______________________________ 2 Councilmember Kenyan McDuffie Chairman Phil Mendelson 3 4 5 ___________________________ ______________________________ 6 Councilmember Anita Bonds Councilmember David Grosso 7 8 9 ______________________________ ______________________________ 10 Councilmember Elissa Silverman Councilmember Robert C. White, Jr. 11 12 13 ______________________________ ______________________________ 14 Councilmember Brianne K. Nadeau Councilmember Mary M. Cheh 15 16 17 ______________________________ ______________________________ 18 Councilmember Brandon Todd Councilmember Charles Allen 19 20 21 ______________________________ ______________________________ 22 Councilmember Vincent C. Gray Councilmember Trayon White, Sr. 23 24 25 26 27 A BILL 28 29 30 _________ 31 32 33 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 34 35 36 __________________ 37 38 39 To provide, on a temporary basis, additional protections to Districts residents and businesses 40 during the current public health emergency. 41 42 CONTENTS 43 Sec. 2. Business interruption insurance. ..................................................................................................... 3 1 44 Sec. 3. Alcoholic beverage regulation. ....................................................................................................... 6 45 Sec. 4. Corporate filing extension clarification. ........................................................................................ 9 46 Sec. 5. Cooperative association remote meetings. .................................................................................. 10 47 Sec. 6. Trade name renewals and taxation of microgrants. .................................................................... 10 48 Sec. 7. Third-party food delivery commissions. ...................................................................................... 11 49 Sec. 8. Emergency credit alerts. ................................................................................................................ 12 50 Sec. 9. Rental tenant payment plans. ........................................................................................................ 15 51 Sec. 10. DC Water payment plans. ........................................................................................................... 18 52 Sec. 11. Commercial tenant rent increase clarification. .......................................................................... 20 53 Sec. 12. Eviction clarification ................................................................................................................... 20 54 Sec. 13. Amenity fees. ............................................................................................................................... 20 55 Sec. 14. Residential accommodation cleaning requirements. ................................................................ 21 56 Sec. 15. Out of school time report waiver................................................................................................ 22 57 Sec. 16. UDC Board of Trustees terms. ................................................................................................... 22 58 Sec. 17. Notice of modified staffing levels. ............................................................................................. 23 59 Sec. 18. Long-Term Care Facility Reporting of Positive Cases. ............................................................ 24 60 Sec. 18. Contact tracing hiring requirements. .......................................................................................... 24 61 Sec. 20. Shared Work Program Clarification .......................................................................................... 25 62 Sec. 21. Paid sick leave enforcement clarification. ................................................................................. 25 63 Sec. 22. Composting virtual training. ....................................................................................................... 26 64 Sec. 23. Ballot access reform. ................................................................................................................... 26 65 Sec. 24. ANC petitioning and grantmaking. ............................................................................................ 29 66 Sec. 25. Remote notarizations. ................................................................................................................. 30 67 Sec. 26. Electronic witnessing. ................................................................................................................. 32 68 Sec. 27. Contractor reporting of positive cases. .................................... Error! Bookmark not defined. 69 Sec. 28. Liability clarification. .................................................................................................................. 38 70 Sec. 29. Jail reporting. ............................................................................................................................... 38 71 Sec. 30. 8th and O disposition extension. ................................................................................................ 40 72 Sec. 31. Applicability. ............................................................................................................................... 40 73 Sec. 32. Fiscal impact statement. .............................................................................................................. 41 74 Sec. 33. Effective date. .............................................................................................................................. 41 75 2 76 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 77 act may be cited as the “Coronavirus Omnibus Temporary Amendment Act of 2020”. 78 Sec. 2. Business interruption insurance. 79 (a)(1) Notwithstanding any provision of District law and notwithstanding the terms of 80 any policy of insurance subject to this section (including any endorsement thereto or exclusions 81 to coverage included therewith), every commercial policy of insurance issued by a licensed 82 insurer and in force in the District on or as of March 25, 2020 that includes coverage for loss of 83 business income, loss of use and occupancy, or business interruption, shall be construed to 84 provide coverage for claims directly or indirectly resulting from a public health emergency 85 declared pursuant to section 5a of the District of Columbia Public Emergency Act of 1980, 86 effective October 17, 2002 (D.C. Law 14-194; D.C. Official Code § 7-2304.01) (“Public Health 87 Emergency”) beginning May 15, 2020. 88 (2) No licensed insurer may deny a claim for loss of use and occupancy, loss of 89 business income, or business interruption due to: 90 (A) Losses arising from actions an insured takes in response to a Mayor’s 91 Order issued during a Public Health Emergency, including the partial or complete suspension of 92 the insured’s business activities; and 93 (B) There being no direct physical loss of or physical damage to the 94 property of the insured, the insured’s business premises, or to any other property utilized in 95 connection with the business. 96 (3) The coverage required by this section shall indemnify the insured, subject to 97 the limits under the policy, for any covered loss of business income, loss of business, or business 3 98 interruption for the duration of the Public Health Emergency in an amount of to 50% of the 99 losses. 100 (4) This section shall apply only to policies issued to insureds with: 101 (A) Fewer than 50 full-time employees, each of whom, as of March 25, 102 2020, worked 25 or more hours per week; and 103 (B) Less than $2.5 million in federal gross receipts or sales according to 104 the most recently filed tax return. 105 (b)(1) A licensed insurer that indemnifies an insured who has filed a claim subject to 106 subsection (a) of this section may apply to the Commissioner of the District of Columbia 107 Department of Insurance, Securities, and Banking (“Commissioner”) for reimbursement from 108 funds collected and made available for this purpose as provided in section 3(b-3) of the 109 Insurance Regulatory Trust Fund Act of 1993, effective October 21, 1993 (D.C. Law 10-40; D.C. 110 Official Code § 31-1202(b-3)). 111 (2) The Commissioner shall establish procedures for the submission and 112 qualification of claims by licensed insurers that are eligible for reimbursement pursuant to this 113 subsection. The Commissioner shall incorporate in these procedures such standards as are 114 necessary to protect against the submission of fraudulent claims by insureds, and appropriate 115 safeguards for insurers to employ in the review and payment of such claims. 116 (c)(1) The Commissioner is authorized to make one or more assessments in each fiscal 117 year against all domestic and foreign licensed insurers in the District that sell business- 118 interruption insurance as may be necessary to recover the amounts paid, or estimated to be paid, 119 to insurers pursuant to subsection (b) of this section. Any such assessment shall be made at a 120 rate that shall be determined and certified by the Commissioner as sufficient to recover the 4 121 amounts paid to insurers pursuant to subsection (b) of this section. The amount to be so assessed 122 shall be made against all domestic and foreign licensed insurers in proportion to their net 123 premiums written in the District as shown in the annual report each of the said
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