D.C. Law 21-195. Improving Access to Identity Documents Amendment Act of 2016.

D.C. Law 21-195. Improving Access to Identity Documents Amendment Act of 2016.

AN ACT

To amend the Vital Records Act of 1981 to waive the fee for an amendment or correction to a vital record, a certified copy of a certificate of record, a search of a file or record if no copy is made, the processing of adoptions, and issuance of new certificates of birth for low-income individuals; and to amend the District of Columbia Traffic Act, 1925 to waive the application fee for an operator's permit, learner's permit, provisional motor vehicle operator permit, federally-accepted driver's license or special identification card, or a limited purpose driver's license, permit, or identification card for low-income applicants.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Improving Access to Identity Documents Amendment Act of 2016".

Sec. 2. Section 22 of the Vital Records Act of 1981, effective October 8, 1981 (D.C. Law 4-34; D.C. Official Code § 7-221), is amended by adding a new subsection (c) to read as follows:

Amend § 7-221

Note § 7-221

"(c)(1) The fees prescribed pursuant to subsection (a) of this section shall be waived for an individual whose gross annual income is equal to or less than 200% of the federal poverty guideline.

"(2) 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.), may issue rules to implement paragraph (1) of this subsection. ".

Sec. 3. The District of Columbia Traffic Act, 1925, approved March 3, 1925 (43 Stat. 1121; codified in scattered cites of the D.C. Official Code), is amended as follows:

Note § 50-1401.01

(a) Section 7(a) (D.C. Official Code § 50-1401.01(a)) is amended as follows:

Amend § 50-1401.01

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

(A) The existing text is designated as sub-subparagraph (i).

(B) The newly designated sub-subparagraph (i) is amended by striking the phrase "2015, an applicant" and inserting the phrase "2015, except as provided in sub-subparagraph (ii) of this subparagraph, an applicant" in its place.

(C) New sub-subparagraphs (ii) and (iii) are added to read as follows:

"(ii) The fee described in sub-subparagraph (i) of this subparagraph shall be waived for an individual whose gross annual income is equal to or less than 200% of the federal poverty guideline.

"(iii) 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.), may issue rules to implement sub-subparagraph (ii) of this subparagraph. ".

Amend § 50-1401.01

(2) Paragraph (2)(A) is amended as follows:

(A) The existing text is designated as sub-subparagraph (i).

(B) The newly designated sub-subparagraph (i) is amended by striking the phrase "The applicant shall" and inserting the phrase "Except as provided in sub-subparagraph (ii) of this subparagraph, the applicant shall" in its place.

(C) New sub-subparagraphs (ii) and (iii) are added to read as follows:

"(ii) The fee described in sub-subparagraph (i) of this subparagraph shall be waived for an individual whose gross annual income is equal to or less than 200% of the federal poverty guideline.

"(iii) 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.), may issue rules to implement sub-subparagraph (ii) of this subparagraph. ".

Amend § 50-1401.01

(3) Paragraph (2A)(A) is amended as follows:

(A) The existing text is designated as sub-subparagraph (i).

(B) The newly designated sub-subparagraph (i) is amended by striking the phrase "The applicant shall" and inserting the phrase "Except as provided in sub-subparagraph (ii) of this subparagraph, the applicant shall" in its place.

(C) New sub-subparagraphs (ii) and (iii) are added to read as follows:

"(ii) The fee described in sub-subparagraph (i) of this subparagraph shall be waived for an individual whose gross annual income is equal to or less than 200% of the federal poverty guideline.

"(iii) 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.), may issue rules to implement sub-subparagraph (ii) of this subparagraph. ".

Note § 50-1401.03

(b) Section 8a(a) (D.C. Official Code § 50-1401.03(a)) is amended by adding a new paragraph (1A) to read as follows:

Amend § 50-1401.03

"(1A)(A) The application fee for a driver's license or a special identification card issued pursuant to this section shall be waived for an applicant whose gross annual income is equal to or less than 200% of the federal poverty guideline.

"(B) 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.), may issue rules to implement subparagraph (A) of this paragraph. ".

Note § 50-1401.05

(c) Section 8c (D.C. Official Code § 50-1401.05) is amended as follows:

Amend § 50-1401.05

(1) Subsection (h) is amended by striking the phrase "The Mayor" and inserting the phrase "Except as provided in subsection (i) of this section, the Mayor" in its place.

Amend § 50-1401.05

(2) A new subsection (i) is added to read as follows:

"(i)(1) The application fee for a limited purpose driver's license, permit, or identification card issued pursuant to this section shall be waived for an applicant whose gross annual income is equal to or less than 200% of the federal poverty guideline.

"(2) 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.), may issue rules to implement paragraph (1) of this subsection. Rules issued pursuant to this paragraph shall not be subject to Council review under subsection (h) of this section. ".

Note § 7-221

Sec. 4. Applicability.

(a) This act shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of this act.

Sec. 5. 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 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), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December24, 1973 (87 Stat. 813; D.C. Official Code § l-206.02(c)(l)), and publication in the District of Columbia Register.