MODEL BILLS
Coronavirus Emergency Act
Summary: The Coronavirus Emergency Act has twenty provisions that address critical needs of residents, businesses and government during the current public health emergency.
Index of the bill’s substantive provisions:
Section 3. Protections for Residents
(A) No Disconnection of Electric Service
(B) No Disconnection of Gas Service
(C) No Disconnection of Water Service
(D) No Evictions
(E) No Rental Late Fees and Deadlines Extended
(F) No Price Gouging or Stockpiling
(G) Limit on Check Cashing Fees
(H) Extension of Public Benefits Programs
(I) Extension of Unemployment Insurance
Section 4. Protections for Businesses
(A) Restaurant Carryout and Delivery
(B) Pharmacy Refills
(C) Sales and Hotel Tax Remittances Delayed
(D) Emergency Small Business Grants and Loans
Section 5. Emergency Government Powers and Procedures
(A) Redeployment of Government Employees
(B) Alteration of Healthcare Procedures
(C) Enforcement of Emergency Orders
(D) Extension of Licenses and Registrations
(E) Public Body Meetings
(F) Public Schools
(G) Correctional Facilities
Based on District of Columbia Bill 23-718 (2020)
SECTION 1. SHORT TITLE
This Act shall be called the “Coronavirus Emergency Act.”
SECTION 2. PURPOSE
This law is enacted to protect the health and safety of residents and provide protection to businesses during the coronavirus public health emergency.
SECTION 3. PROTECTIONS FOR RESIDENTS
After section XXX, the following new section XXX shall be inserted:
(A) NO DISCONNECTION OF ELECTRIC SERVICE
During the period of the current declared public health emergency, and for 30 days thereafter, an electric company shall not disconnect electric service for nonpayment of a bill or fees.
(B) NO DISCONNECTION OF GAS SERVICE
During the period of the current declared public health emergency, and for 30 days thereafter, a natural gas company shall not disconnect gas service for nonpayment of a bill or fees.
(C) NO DISCONNECTION OF WATER SERVICE
During the period of the current declared public health emergency, and for 30 days thereafter, a water company shall not disconnect water service for nonpayment of a bill or fees.
(D) NO EVICTIONS
During the period of the current declared public health emergency, and for 30 days thereafter, a landlord [as defined in XXXXX] shall not evict a tenant.
(E) NO RENTAL LATE FEES AND DEADLINES EXTENDED
1) During the period of the current declared public health emergency, and for 30 days thereafter, a landlord, as defined in [cite section] shall not impose a late fee on a tenant.
2) All deadlines for tenants and tenant organizations to exercise rights under [cite existing landlord-tenant law] are extended to a date 30 days following the end of the current declared public health emergency.
(F) NO PRICE GOUGING OR STOCKPILING
1) During the current declared public health emergency, it shall be unlawful for any person to charge more than the normal average retail price for any merchandise or service sold.
2) During the current declared public health emergency, it shall be unlawful for any person to purchase, in quantities greater than those specified by the [Governor/Mayor/Executive] products that the [Governor/Mayor/Executive] determines are necessary for residents in need, hospitals, first responders or supply chains of commerce.
3) A violation of this subsection is a misdemeanor punishable by imprisonment for a period not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. A violation shall also constitute an unlawful business practice and an act of unfair competition within the meaning of [cite existing law].
(G) LIMIT ON CHECK CASHING FEES
During the current declared public health emergency, it shall be unlawful for any person to charge a check cashing fee for a government-issued check that exceeds two percent of the value of the check, or ten dollars, whichever is higher.
(H) EXTENSION OF PUBLIC BENEFITS PROGRAMS
Notwithstanding any provision of law, the [Governor/Mayor/Executive] may extend the eligibility period for individuals receiving public benefits, extend the timeframe for determinations for new applicants, and take such other actions as the [Governor/Mayor/Executive] determines appropriate to support continuity of, and access to, any public benefit program [list if you want to specify] until 60 days after the end of the current declared public health emergency.
(I) EXTENSION OF UNEMPLOYMENT INSURANCE
1) Notwithstanding any provision of District law, but subject to applicable federal laws and regulations, during the current declared public health emergency, an affected employee under [cite the UI law] shall be eligible for unemployment insurance, with no work-search requirement, regardless of whether the employer has provided a date certain for the employee’s return to work or the employee has a reasonable expectation of continued employment with that current employer.
2) Benefits paid pursuant to this section shall not be charged to the experience rating accounts of employers.
3) In this section, “affected employee” means an employee otherwise eligible for UI pursuant to [cite law], who is determined by the [Governor/Mayor/Executive] to have become unemployed or partially unemployed as a result of the circumstances giving rise to the current declared public health emergency. “Affected employee” includes an employee who has been quarantined or isolated by the [Department of Health] or any other applicable government agency; an employee who has self-quarantined or self-isolated in a manner consistent with the recommendations or guidance of the [Department of Health] or any other applicable government agency; or an employee of an employer that ceased or reduced operations due to an order or guidance from the [Governor/Mayor/Executive] determines or a reduction in business revenue resulting from the circumstances giving rise to the current declared public health emergency, as determined by the [Governor/Mayor/Executive], all as demonstrated by reasonable documentation.
4) If the [Governor/Mayor/Executive] determines that payment of UI under this section may not be made from the Unemployment Fund due to federal law or regulation, payment may be made by the [Governor/Mayor/Executive] from any other source of funds that is available.
SECTION 4. PROTECTIONS FOR BUSINESSES
After section XXX, the following new section XXX shall be inserted:
(A) RESTAURANT CARRYOUT AND DELIVERY
During the current declared public health emergency, a restaurant that registers with the [Liquor Board] may sell beer, wine or spirits in closed containers to individuals for carry out to their home, or deliver beer, wine, or spirits in closed containers to the homes of residents; provided, that each such carry out or delivery order be accompanied by one or more prepared food item. A restaurant shall receive written authorization from the [Liquor Board] prior to beginning take-out or delivery of beer, wine or spirits pursuant to this paragraph.
(B) PHARMACY REFILLS
During the current declared public health emergency, an individual licensed to practice pharmacy may authorize and dispense a refill of patient prescription medications prior to the expiration of the waiting period between refills to allow residents to maintain an adequate supply of necessary medication. This shall not apply to any patient prescription for which a refill otherwise would be prohibited under law.
(C) SALES AND HOTEL TAX REMITTANCES DELAYED
During the current declared public health emergency, the [Chief Financial Officer] may issue regulations to waive any penalties and abate interest for the payment of sales and hotel taxes if the owner pays all such taxes in full by [date, or “the date which is 30 days after emergency period ends.”]
(D) EMERGENCY SMALL BUSINESS GRANTS AND LOANS
1) During the current declared public health emergency, the [Small Business Administration] may issue grants and loans to an eligible small business under [cite section] if the business submits a grant application in the form and with the information required and demonstrates financial distress caused by a reduction in business revenue due to the circumstances giving rise to the current declared public health emergency.
2) Funds issued pursuant to this section may be expended by the eligible small business for: employee wages and fringe benefits, including health insurance; operating costs including taxes and debt service; and repayment of loans obtained through the United States Small Business.
3) The [Governor/Mayor/Executive] shall maintain a list of all awards, identifying for each award the recipient, the date of award, intended use of the award, and the award amount, which shall be published online no later than June 1, 2020, or 5 days following the end of the current declared public health emergency, whichever is earlier.
SECTION 5. EMERGENCY GOVERNMENT POWERS AND PROCEDURES
After section XXX, the following new section XXX shall be inserted:
(A) REDEPLOYMENT OF GOVERNMENT EMPLOYEES
During the period of the current declared public health emergency, the [Governor/Mayor/Executive] may take the following personnel actions regarding executive branch subordinate agencies as deemed necessary and appropriate to address the emergency:
1) Redeploy employees within or between agencies;
2) Modify employees’ tours of duty;
3) Modify employees’ places of duty;
4) Mandate telework;
5) Extend shifts and assign additional shifts;
6) Provide appropriate meals to employees required to work overtime or work without meal breaks;
7) Assign additional duties to employees;
8) Extend existing terms of employees;
9) Hire new employees into management positions without competition;
10) Eliminate any annuity offsets established by any law; or
11) Deny leave or rescind approval of previously approved leave.
(B) ALTERATION OF HEALTHCARE PROCEDURES
During the period of the current declared public health emergency, the [Governor/Mayor/Executive] may
1) Authorize the use of crisis standards of care or modified means of delivery of health care services in scarce-resource situations; and
2) Authorize the [Department of Health] to coordinate health-care delivery for first aid within the limits of individual licensure in shelters or facilities as provided in plans and protocols published by the Department.
(C) ENFORCEMENT OF EMERGENCY ORDERS
During the period of the current declared public health emergency, the [Governor/Mayor/Executive] may revoke, suspend, or limit the license, permit, or certificate of occupancy of a person or entity that violates an emergency order.
(D) EXTENSION OF LICENSES AND REGISTRATIONS
During the period of the current declared public health emergency, the [Governor/Mayor/Executive] may:
1) Prospectively or retroactively extend the validity of a license, registration, permit, or authorization, including driver’s licenses, vehicle registrations, professional licenses, registrations, and certifications;
2) Waive the deadlines for filings, and waive fees, fines, and penalties associated with the failure to timely renew a license, registration, permit, or other authorization or to timely submit a filing; or
3) Extend or waive the deadline by which action is required to be taken by the executive branch of the government or by which an approval or disapproval is deemed to have occurred based on inaction by the executive branch of the government.
(E) PUBLIC BODY MEETINGS
1) During the period of the current declared public health emergency, the conveners of government meetings may call a telephonic or online meeting where participants may vote on matters without being physically present. Members both physically and remotely present shall be counted for determination of a quorum.
2) Any requirement for a board, commission, or other public body to meet is waived unless the [Governor/Mayor/Executive] determines that it is necessary or appropriate for the board, commission, or other public body to meet during the period of the current declared public health emergency.
3) During the period of the current declared public health emergency, each public body shall take steps reasonably calculated to allow the public to view or hear meetings as they happen, or, if doing so is not technologically feasible, as soon as reasonably practicable thereafter.
(F) PUBLIC SCHOOLS
1) The [School Board] shall designate schools throughout the jurisdiction that will provide a carry-out school lunch to qualified students.
2) The [School Board] shall have the authority to waive the requirements of [cite section] for any student who fails to meet the promotion criteria specified during the 2019-20 school year.
(G) CORRECTIONAL FACILITIES
The [Department of Corrections] shall have discretion to award additional credits beyond the limits described in [cite section] to effectuate the immediate release of persons sentenced for misdemeanors, consistent with public safety.
SECTION 6. EFFECTIVE DATE
This law shall become effective on April XX, 2020.