District of Columbia Council Period 25 Status: Enacted

B 25-0098 — Local Business Enterprise Clarification Temporary Amendment Act of 2023

Last action — Law L25-0007, Effective from May 25, 2023 Published in DC Register Vol 70 and Page 008446, Expires on Jan 05, 2024

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Council
  4. ✓
    To Executive
  5. 5
    Enacted

This bill has been enacted into law. Introduced February 06, 2023. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

74 added · 75 removed

Plain-language change summary

The latest version of Bill B 25-0098 includes a clarification regarding the eligibility requirements for businesses to be certified as local enterprise. Specifically, it emphasizes that a business must be independently owned and at least 50% controlled by District residents or a District-based entity. This update matters because it helps ensure that support intended for local businesses truly benefits those that are more directly connected to the community, promoting local economic growth and fairness in government contracting. Additionally, businesses currently certified but not meeting these criteria will need to undergo recertification, ensuring compliance with the new standards.

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ENGROSSED ORIGINAL A BILL 3 25-98 5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 7 __________________ 9 To amend, on a temporary basis, the Small and Certified Business Enterprise Development and Assistance Act of 2005 to require that for a business enterprise to be certified as a local business enterprise it must be independently owned, operated, and controlled, more than 50% owned, operated, and controlled by a District-based enterprise or not-for-profit business, or owned by a non-District-based business enterprise or not-for-profit business that is more than 50% owned by District residents, and to require currently certified local business enterprises that do not meet one of these requirements to be recertified.
ENROLLED ORIGINAL AN ACT ____________ IN THE COUNCIL OF THE DISTRICT OF COLUMBIA __________________ To amend, on a temporary basis, the Small and Certified Business Enterprise Development and Assistance Act of 2005 to require that for a business enterprise to be certified as a local business enterprise it must be independently owned, operated, and controlled, more than 50% owned, operated, and controlled by a District-based enterprise or not-for-profit business, or owned by a non-District-based business enterprise or not-for-profit business that is more than 50% owned by District residents, and to require currently certified local business enterprises that do not meet one of these requirements to be recertified.
ENGROSSED ORIGINAL “(ii) More than 50% owned, operated, and controlled by a District- based enterprise or not-for-profit business;
“(ii) More than 50% owned, operated, and controlled by a District- based enterprise or not-for-profit business;
“(a) Except as provided in subsection (b) of this section, a business enterprise currently certified as a local business enterprise pursuant this act that does not meet the requirements of section 2331(1A) and has not submitted a new application to the Department of Small and Local Business Development to be recertified as a local business enterprise within 90 days of the effective date of the Local Business Enterprise Clarification Emergency Amendment Act of 2021, effective July 21, 2021 (D.C.
ENROLLED ORIGINAL “(a) Except as provided in subsection (b) of this section, a business enterprise currently certified as a local business enterprise pursuant this act that does not meet the requirements of section 2331(1A) and has not submitted a new application to the Department of Small and Local Business Development to be recertified as a local business enterprise within 90 days of the effective date of the Local Business Enterprise Clarification Emergency Amendment Act of 2021, effective July 21, 2021 (D.C.
“(b) A business enterprise currently certified as a local business enterprise pursuant to this act that does not meet the requirements of section 2331(1A) but has an existing contract with ENGROSSED ORIGINAL the District, or was included as a subcontractor on a subcontracting plan on an existing contract with the District, shall be permitted to complete the term of that contract or subcontract, including the base year and any option years under the contract or subcontract, and receive the appropriate credit towards assisting an agency in meeting its goals pursuant to section 2341 and subcontracting points pursuant to section 2346 under its current certification.
“(b) A business enterprise currently certified as a local business enterprise pursuant to this act that does not meet the requirements of section 2331(1A) but has an existing contract with the District, or was included as a subcontractor on a subcontracting plan on an existing contract with the District, shall be permitted to complete the term of that contract or subcontract, including the base year and any option years under the contract or subcontract, and receive the appropriate credit towards assisting an agency in meeting its goals pursuant to section 2341 and subcontracting points pursuant to section 2346 under its current certification.
Section 3 of the Local Solar Expansion Amendment Act of 2022, enacted on January 10, 2023 (D.C.
Section 3 of the Local Solar Expansion Amendment Act of 2022, enacted on January 10, (D.C.
ENGROSSED ORIGINAL (a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.
(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December ENROLLED ORIGINAL 24, 1973 (87 Stat.
______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 3
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How this bill changes current law

4 changes Share ↗

Compared against the D.C. Code as published AI-generated reading aid — verify against the official bill.

The bill modifies the certification requirements for local business enterprises and establishes a compliance grace period for current certifications.

  • D.C. Official Code § 2-218.31

    (1A)(A) Is: (i) Independently owned, operated, and controlled; (ii) More than 50% owned, operated, and controlled by a District-based enterprise or not-for-profit business; or (iii) Owned by a non-District-based business enterprise or not-for-profit business that is more than 50% owned by District residents.

    This adds a new set of requirements for businesses to be certified as local business enterprises.

  • D.C. Official Code § 2-218.31

    For the purposes of this paragraph, the term "Independently owned, operated, and controlled" includes a business enterprise that manages and controls its day-to-day operations without being subject to control, restriction, modification, or limitation by another business enterprise or not-for-profit business that has an ownership or other financial interest in the business enterprise.

    This clarifies the definition of 'Independently owned, operated, and controlled.'

  • D.C. Official Code § 2-218.31

    Grace period for compliance with section 2331(1A). (a) Except as provided in subsection (b) of this section, a business enterprise currently certified as a local business enterprise pursuant this act that does not meet the requirements of section 2331(1A) and has not submitted a new application to the Department of Small and Local Business Development to be recertified as a local business enterprise within 90 days of the effective date of the Local Business Enterprise Clarification Emergency Amendment Act of 2021, effective July 21, 2021 (D.C. Act 24-118; 68 DCR 7323), shall have its certification revoked pursuant to section 2363(a)(2)(B).

    This establishes a grace period for currently certified local businesses to comply with the new certification requirements.

  • D.C. Official Code § 2-218.31

    (b) A business enterprise currently certified as a local business enterprise pursuant to this act that does not meet the requirements of section 2331(1A) but has an existing contract with the District, or was included as a subcontractor on a subcontracting plan on an existing contract with the District, shall be permitted to complete the term of that contract or subcontract.

    This allows currently certified businesses with existing contracts to continue their contracts despite not meeting new requirements until the contract term is completed.

Action History

  1. Law L25-0007, Effective from May 25, 2023 Published in DC Register Vol 70 and Page 008446, Expires on Jan 05, 2024

  2. Transmitted to Congress

  3. Act A25-0055 Published in DC Register Vol 70 and Page 003806

  4. Returned from Mayor

  5. Signed by the Mayor and Enacted with Act Number A25-0055

  6. Transmitted to Mayor, Response Due on Mar 24, 2023

  7. Final Reading, CC

  8. Retained by the Council

  9. Notice of Intent to Act on B25-0098 Published in the District of Columbia Register

  10. First Reading

  11. B25-0098 Introduced by Councilmember McDuffie at Office of the Secretary

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 14 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (14)

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Final Reading, CC

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Anita Bonds — Yea
Brianne K. Nadeau — Yea
Brooke Pinto — Yea
Charles Allen — Yea
Christina Henderson — Yea
Janeese Lewis George — Yea
Kenyan R. McDuffie — Yea
Matthew Frumin — Yea
Phil Mendelson — Yea
Robert C. White, Jr. — Yea
Trayon White, Sr. — Yea
Vincent Gray — Yea
Zachary Parker — Yea

First Reading

Passed 13 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 13000
Total 13000
% of votes cast 100%0%0%0%
How each member voted (13)
Member Party Vote
Anita Bonds — Yea
Brianne K. Nadeau — Yea
Brooke Pinto — Yea
Charles Allen — Yea
Christina Henderson — Yea
Janeese Lewis George — Yea
Kenyan R. McDuffie — Yea
Matthew Frumin — Yea
Phil Mendelson — Yea
Robert C. White, Jr. — Yea
Trayon White, Sr. — Yea
Vincent Gray — Yea
Zachary Parker — Yea

Subjects

public-safety finance labor
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Frequently asked questions

Who sponsors B 25-0098?
B 25-0098 is sponsored by Kenyan R. McDuffie.
What is the current status of B 25-0098?
This bill has been enacted into law. Introduced February 06, 2023. Enacted.
Where can I track B 25-0098?
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