D.C. Act 21-361. Private Security Camera Incentive Program Congressional Review Emergency Act of 2016.

D.C. Act 21-361. Private Security Camera Incentive Program Congressional Review Emergency Act of 2016.

AN ACT

To create, on an emergency basis, due to congressional review, a rebate program for the installation and registration of a security camera system on the exterior of property owned or leased by an individual, business, nonprofit, religious institution, or other entity and to establish a special fund to implement the rebate program.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Private Security Camera Incentive Program Congressional Review Emergency Act of 2016".

Sec. 2. Private security camera system incentive program.

(a) Pursuant to section 7 of the Fiscal Year 2015 and Fiscal Year 2016 Revised Budget Request Adjustment Temporary Act of 2015, effective January 9, 2016 (D.C. Law 21-48; 62 DCR 13979), there is established a Private Security Camera System Incentive Program ("Program"), to be administered by the Mayor, to encourage the purchase and installation of a security camera system ("system") on the exterior of a building owned or leased by an individual, business, nonprofit, religious institution, or other entity, as that term is defined in D.C. Official Code § 29-101.02(10), and to require registration of the system with the Metropolitan Police Department.

(b) To be eligible for the rebate provided for in this section, a property owner or lessee shall:

(1) After September 22, 2015, purchase and install a system on the exterior of the building;

(2) Register the system with the Metropolitan Police Department;

(3) Submit a rebate claim in accordance with Program rules promulgated pursuant to subsection (d) of this section ; and

(4) Meet all additional requirements and criteria provided for in Program rules promulgated pursuant to subsection (d) of this section.

(c)(1) Upon approval of a rebate claim, the Program shall provide a rebate as follows; provided, that the amount of the rebate shall not be more than the purchase price of the system:

(A) Up to $200 per camera installed on the exterior of a building owned or leased by an individual, with a maximum rebate of up to $500 per system per residential address; or

(B) Up to $200 per camera installed on the exterior of a building owned or leased by a business, nonprofit, religious institution, or other entity, as that term is defined in D.C. Official Code § 29-101.02(10), with a maximum rebate of up to $750 per system per address.

(2) Rebates shall be contingent upon availability of funds.

(3) No rebates shall be issued until the Mayor promulgates rules pursuant to subsection (d) of this section.

(d) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), and in accordance with this section, shall issue rules to implement the Program, including:

(1) Requirements for proof of purchase and system verification;

(2) Procedures for registering a system with the Metropolitan Police Department, including a certification by the recipient that the recipient shall not use the system to intentionally record specific individuals conducting lawful activity; and

(3) Identification of priority areas for Program eligibility; provided, that the priority areas include at least one area in each ward identified by crime levels and other public safety indicators in the corresponding police service area.

(e) A rebate issued under this section shall not be considered income for purposes of District of Columbia income tax.

(f) For the purposes of this section, the term "security camera system" means one or more outdoor surveillance cameras with functioning digital video recording capability.

(g) From the effective date of the Private Security Camera Incentive Program Emergency Act of 2015, effective January 15, 2016 (D.C. Act 21-274; 63 DCR 803), to the issuance of the final rebate under the Program, the Mayor shall provide a monthly report to the Council that includes the following information:

(1) The total number of rebates issued;

(2) The total number of private security cameras funded;

(3) The number of rebates issued in each police service area;

(4) The number of rebates issued in each priority area identified pursuant to subsection (d)(3) of this section;

(5) The number of rebates issued pursuant to subsection (c)(1)(A) or (B) of this section, respectively;

(6) The number of times the Metropolitan Police Department requested footage from a rebate recipient, and whether the request was granted or denied by the rebate recipient;

(7) The number of times that footage from a private security camera contributed to a successful arrest by the Metropolitan Police Department, including a breakdown by offense; and

(8) An analysis of the Program's implementation and plans for future expansion, if any.

Sec. 3. Private Security Camera Incentive Fund.

(a) There is established as a special fund the Private Security Camera Incentive Fund ("Fund"), which shall be administered by the Mayor in accordance with subsections (c) and (d) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) Funds appropriated by the District;

(2) Grants;

(3) Donations from the public; and

(4) Donations from private entities.

(c) Money in the Fund shall be used to implement the Private Security Camera Incentive Program ("Program"), including:

(1) Providing rebates to eligible participants; and

(2) Appropriate overhead or administrative expenses related to the Program and the Fund.

(d)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

Sec. 4. Applicability.

This act shall apply as of April 14, 2016.

Sec. 5. Fiscal impact statement.

The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 6. Effective date.

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), and shall remain in effect for no longer than 90 days, as provided for emergency acts of the Council of the District of Columbia in section 412(a) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12(a)).