B23-1017 — FOIA Tolling Emergency Amendment Act of 2020

2ENROLLED ChairmanORIGINAL PhilAN MendelsonACT 4_________ 6 8 A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA __________________ To amend, on anemergencyan emergency basis, the Freedom of Information Act of 1976 to adjust the tolling period forFOIAfor FOIA requests.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as theFOIAthe “FOIA Tolling Emergency Amendment Act of 2020".2020”.

The Freedom of Information Act of 1976, effective March 2929, 1977 (D.C.

(a) Section202Section 202 (D.C.

(A) Paragraph (1)is(1) is amended as follows:

(i) Strike the phrase "Except“Except as provided in paragraph (2) of this subsection"subsection” and insertheinsert the phrase "Except“Except as provided in paragraphs (2) and (3) of this subsection"subsection” in its place.

(ii) Strike the phrase "Sundays,d"“Sundays, and” and insert the phrase "Sundays,“Sundays, days of the Initial COVID-19 closure, and"and” in its place.

(B) Paragraph (2)(A) is amended by striking the phrase "Sundays,“Sundays, and"and” and inserting the phrase "Sundays,“Sundays, days oftheof the Initial COVID-19 closure, and"and” in its place.

"(3)(A)“(3)(A) For requests made during the Initial COVID-19 closure, a public body shall within 45 days (except Saturdays,Sundays,Saturdays, Sundays, and legal public holidays)ofholidays) of the end of the Initial COVID-19 closure either make the requested public record accessible or notify the person making such request of its determination not to make the requested public record or any part thereofaccessiblethereof accessible and the reasons therefor.

"(B)“(B) IftheIf the public record requested during the Initial COVID-19 closure is a body-worn camera recording recorded by the Metropolitan Police Depm1ment,Department, the Metropolitan Police Depa11ment,Department, upon request reasonably describing the recording, shall within 60 days (except Saturdays, Sundays, and legal public holidays) oftheof the receipt of any such request ENROLLED ORIGINAL either make the requested recording accessible or notify the person making such request of its determination not to make the requested recording or any pmipart thereof accessible and the reasons therefor.therefor.”.

"(I)In“(1) In unusual circumstances, the time limits prescribed in subsectionssubsection (c)(1) and (c)(2)(2) ofthisof this section may be extended by written notice to the person making such request setting forth the reasons for extension and expected date for determination.

Except for an unusual circumstance set forth in paragraph (2)(D) ofthisof this subsection, such extension shall not exceed 10 days (except Saturdays, Sundays, days oftheof the Initial COVID-19 closure, and legal holidays) for records requested under subsections (c)(l)(c)(1) ofthisof this section and 15 days (except Saturdays, Sundays, days oftheof the Initial COVID-19 closure, and legal holidays) for records requested under subsection (c)(2) ofthisof this section.

For an unusual circumstance set f01ihforth in paragraph (2)(D) of this subsection, such extension shall not exceed 45 days (except Saturdays, Sundays, and legal holidays) after the end oftheof the COVID-19 closure.

"(D)“(D) The need to conduct an on-site review ofrecordsof records that could present a significant risk to health or safety during a COVID-19 closure.

Official Code§2-537(a))Code § 2-537(a)) is amended by striking the phrase "Sundays,“Sundays, and"and” and inserting the phrase "Sundays,“Sundays, days oftheof the initial COVID-19 closure, and"and” in its place.

Official Code§Code § 2-539) is amended by adding a new subsection (c) to read as follows:

"(c)“(c) For the purposes ofthisof act,this title, the tenn:term:

''(l)"COVID“(1) 19“COVID-19 closure"closure” means:

"(A)“(A) A period oftimeof time for which the Mayor has declared a public health Emergencyemergency pursuant to section 5a oftheof the District of Columbia Public Emergency Act of 1980, effective October 17, 2002 (D.C.

Official Code§Code § 7-2304.01);

or "(B)“(B) A period ohimeof time during which a public body is closed due to the COVID-19 coronavirus disease, as determined by the personnel authority oftheof the public body.

"(2)“(2) "Initial“Initial COVID-19 closure"closure” means March 11, 2020 through January 15, 2021.".2021.”.

Section 808 of the Coronavirus Support Temporary Amendment Act of2020,of 2020, effective October 9, 2020 (D.C.

67 DCR 12236),8622), is repealed.

ENROLLED ORIGINAL Sec.

The Council adopts the fiscal impact statement oftheof the Budget Director as the fiscal impact statement required by section 4a oftheof the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat.

Official Code§Code § 1-301.47a).

This act shall take effect following approval by the Mayor (or in the event ofvetoof veto by the Mayor, action by the Council to override the veto), and shall remain in effect for no longer than 90 days, as provided for emergency acts oftheof the Council oftheof the District of Columbia in section 412(a) oftheof the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat.

Official Code§Code § 1-204.12(a)).

______________________________ Chairman Council of the District of Columbia _________________________________ Mayor District of Columbia 3