District of Columbia Administrative Procedures Act of 1999
Bill 13-285

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Chairman Linda W. Cropp, at the request of the Mayor, introduced the following bill, which was referred to the Committee on Government Operations

To amend the District of Columbia Administrative Procedures Act to exempt routine parking and traffic sign changes from formal notice and-comment rulemaking and publication requirements.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "District of Columbia Administrative Procedures Amendment Act of 1999".

Sec. 2. Section 3(6) of the District of Columbia Administrative Procedures Act, approved October 21, 1968 (82 Stat. 1204, Pub. L. 90-614; D.C. Code § 1-1502(6)) is amended by adding a new sentence to the end to read as follows:

"Notwithstanding the foregoing, "rule" does not include any statement for guiding, directing or otherwise regulating vehicular or pedestrian traffic, including but not limited to any statement controlling parking, standing, stopping or a construction detour, provided that:.

"(A) The contents of such communication are indicated to the public on one or more signs, signals, meters, markings -or other similar devices located on or adjacent to a street, avenue, road, highway or other public space in the District of Columbia;

"(B.) The proposed installation, modification or removal of such communication is based on engineering or other technical considerations;

"(C) The proposed installation, modification or removal of such communication does not involve substantial policy considerations; and

"(D) The affected Advisory Neighborhood Commissions arc provided with thirty-days written notice of an agency's intent to install, modify or remove any of these statements."

Sec. 3. The last sentence of section 4(301)(e) of the District of Columbia Office of Documents 2 Act, effective March 6, 1979, (D.C. Law 2-153; D.C. Code § 1-1531(5)) is amended to read as follows:

"The phrase `document having general applicability and legal effect' does not include:

"(A) any act to be codified in the D.C. Code or a personnel manual or internal staff directive solely applicable to employees or agents of the District of Columbia; or

"(B) any communication for guiding, directing or otherwise regulating vehicular or pedestrian traffic, including but not limited to any statement controlling parking, standing, stopping or a construction detour, provided that:

"(i) The contents of such communication are indicated to the public on one or more signs, signals, meters, markings or other similar devices located on or adjacent to a street, avenue, road, highway or other public space in the District of Columbia;

"(ii) The proposed installation, modification or removal of such communication is based on engineering or other technical considerations;

"(iii) The proposed installation modification or removal of such communication does not involve substantial policy considerations; and

"(iv) The affected Advisory Neighborhood Commissions are provided with thirty days written notice of an agency's intent to install, modify, or remove any of these statements."

Sec. 4. The Council adopts the fiscal impact statement in the committee report as the fiscal 20 impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).

Sec. 5. This act shall take effect upon its approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) the District of Columbia Financial Responsibility and Management Assistance Authority Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), and 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. 813; D.C. Code § 1-233(c)(1)), and publication in the District of Columbia Register.