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[0:08]
Chairperson mendelson: I'm calling to order this meeting,
[0:12]
regular meeting of the council of the district of columbia, our
[0:15]
33rd meeting of council period 2 6, and our regular council
[0:21]
meeting for the month of july. I like pointing that out because
[0:24]
today is june 30. The time is 12:29 in the
[0:31]
afternoon -- excuse me, 1:29 in the afternoon and we are in room
[0:36]
500 of the council buildings. I'm chair mendelson, chair of
[0:39]
the council. We always begin our legislative
[0:43]
meetings with a moment of silence and a moment for
[0:47]
reflection, if we could have silence in the chamber and on
[0:49]
the dais. Madam secretary would you please
[1:21]
call the roll? Councilmember allen: here.
[1:29]
juanita mary tillman white present.
[1:34]
ddot here. A. Litteri inc. Present.
[1:39]
diane k. Triplett alexander here.
[1:41]
dmoi here. Personal delivery device weight
[1:43]
limit present. P.a.v.e. Presence.
[1:52]
>> you have a quorum. Chairperson mendelson: we have
[1:56]
the secretary's report of filings and I will recognize the
[2:00]
chair. >> I move a motion to waive the
[2:06]
reading of the committee reports.
[2:07]
chairperson mendelson: motion to raise the reports of committee
[2:11]
filings. All those in favor of the motion
[2:16]
say aye. Any opposed?
[2:19]
hearing on the ayes have it unanimously.
[2:24]
we also have the introduction and referrals.
[2:26]
I will recognize the chair pro tem anita bonds.
[2:28]
councilmember bonds: I move a motion to waive the introduction
[2:35]
and referrals of proposed legislation report.
[2:36]
chairperson mendelson: motion to waive the reading of the
[2:40]
secretary's report discussion. On the motion to waive all those
[2:45]
in favor say aye. Any opposed?
[2:49]
the ayes have it unanimously. We have the consent agenda, one
[2:56]
change to the committee of the whole on page three at the very
[2:58]
top of the page item c, first reading bill 26-422, glazier
[3:06]
licensing standards and certification act of 2026 remove
[3:09]
from the consent agenda. Any other changes to the consent
[3:12]
agenda? Hearing on we have the consent
[3:20]
agenda as amended before us. All those in favor say aye.
[3:23]
any opposed? Hearing on the ayes have it
[3:28]
unanimously. We will turn to bill 26-422.
[3:34]
glazier licensing standards and certification act of 2026.
[3:36]
councilmember nadeau. Councilmember nadeau: so moved,
[3:39]
mr. Chairman. Chairperson mendelson: any
[3:41]
discussion? Councilmember henderson: I ask
[3:44]
this be moved from consent because I wanted the ability to
[3:47]
speak to it. I had questions during the
[3:51]
committee of the whole. I'm not opposed to licensure in
[3:54]
general I just moved several nominations for the board of
[3:59]
pharmacy where those individuals are licensed.
[4:02]
I wanted to raise concerns on the record in that glaziers is
[4:08]
not a profession or field commonly licensed in the same
[4:10]
way that electricians, plumbers, etc. Are.
[4:18]
it would require perhaps an examination, certain number of
[4:21]
hours in terms of apprenticeship, etc.
[4:24]
but I wanted to highlight a concern we should be aware of,
[4:28]
even in the committee reported outlines there are about 240
[4:33]
glaziers in our region and only 60 are currently certified.
[4:39]
in this very interesting economic space the district
[4:43]
finds itself in, I think we should be concerned when we are
[4:47]
making decisions that put us as an outlier especially from our
[4:51]
regional partners, especially in the development space.
[4:57]
what I would want us to avoid is a situation were now we have
[4:59]
developers who moved to build in the district and we say great,
[5:02]
here's the list of 20 people who are licensed, these are the only
[5:05]
ones that can do your glazing work, which is not a requirement
[5:08]
maryland and virginia would also have.
[5:11]
it does seem as though this will move forward so I want to
[5:14]
express that my hope is, that when the board of trade goes
[5:17]
through this process, once it is funded and moves forward is that
[5:23]
there is a grandfathering provision and process that
[5:26]
doesn't lock people out of this profession who have been doing
[5:30]
it for decades without licensure to be able to go forward but
[5:34]
also considering too other mechanisms which do not
[5:39]
unnecessarily lock people out of the trade like what is the
[5:42]
amount, the feed to be licensed in the district?
[5:45]
is it an annual certification versus something you have to be
[5:49]
certified every two to three years, etc.
[5:57]
there are often good reasons to be pioneers but I feel in some
[5:59]
cases with occupational licensing, we can sometimes
[6:02]
overdo it in terms of requiring licensure and hoops for folks to
[6:05]
jump through, that are necessarily make it much more
[6:10]
difficult for someone to enter the trade or profession over
[6:13]
long term. I wanted to state that on the
[6:15]
record. Thank you, mr. Chairman.
[6:18]
chairperson mendelson: thank you.
[6:21]
is there further discussion on the bill?
[6:24]
councilmember lewis george: councilmember frumin's hand was
[6:31]
up as well. I introduce the laser licensing
[6:35]
standards and certification act because glaziers do highly
[6:38]
skilled glass and metal work better next the safety, energy
[6:43]
efficiency and long-term performance of buildings across
[6:44]
the district. This is work that is especially
[6:48]
important as the district strengthens climate resiliency
[6:51]
as we experience more and more 100 degree days in the future.
[6:55]
glaziers maintain the glass and metal systems that shape our
[6:57]
buildings. There works affect how it
[7:05]
withstands the weather and how safe it is for the public.
[7:08]
when performed correctly by skilled workers it helps the
[7:10]
district meet climate readiness goals and efficiency goals.
[7:14]
when it is not, dangerous incidents can occur such as the
[7:19]
accident at the nuclear commission building in rockville
[7:22]
where a three by 15 foot acrylic panel fell from the 21st floor.
[7:26]
had anyone been on the ground at that time they would've been
[7:28]
gravely injured or killed. Unlike electricians, plumbers
[7:33]
and hvac technicians, glaziers in the district are not
[7:36]
currently required to be licensed.
[7:38]
this bill creates a licensee framework for glazing
[7:42]
contractors bringing this more in line with other construction
[7:45]
professions were the district already requires standards,
[7:48]
oversight and accountability. Not all glass installation work
[7:51]
will require glazier work. Contractors seek out glaziers
[7:54]
for high-rise work and other highly technical or complex
[7:58]
installations because they know it is highly trained area this
[8:05]
will help them identify tradespeople with the skills and
[8:08]
expertise needed to perform this work.
[8:09]
I want to thank councilmember nadeau for the worker committee
[8:15]
made to improving the bill to make sure there are more I will
[8:18]
-- ways to licensure. Allowing the board of industrial
[8:24]
trades to consider and examine apprenticeship, comparable
[8:27]
experience or combination of education experience keeps this
[8:31]
bill intact while making it more flexible and workable.
[8:34]
I strongly support this bill and urge my colleagues to vote yes.
[8:36]
thank you. Chairperson mendelson: thank
[8:40]
you. Councilmember frumin: thank you,
[8:44]
councilmembers. I fully support this bill.
[8:52]
I'm curious about the mechanics of how the timing will work.
[8:54]
councilmember henderson's concerns resonate with me.
[9:00]
is it funded in the fy27 budget? Has it been refunded or will it
[9:06]
have to be funded in the fy28 budget, meaning there is a long
[9:12]
runway? Councilmember nadeau: it hasn't
[9:16]
been funded. Councilmember frumin: and
[9:19]
councilmember lewis george, the license might be based on prior
[9:26]
experience or apprenticeship? There could be a vehicle, the
[9:31]
180 people who do not have a certification, but who have been
[9:35]
doing the work, one would hate to see them unnecessarily
[9:39]
blocked out. But there are mechanisms to deal
[9:43]
with that issue. Can you speak to what those
[9:45]
mechanisms are? Councilmember nadeau: the print
[9:47]
aloud's the board of industrial trades to grandfather existing
[9:52]
practitioners by taking their professional experience into
[9:55]
account when considering licensing requirements.
[9:56]
councilmember frumin: wonderful, thank you.
[10:02]
chairperson mendelson: are there further discussions?
[10:05]
councilmember henderson: I have additional questions.
[10:09]
I don't know if this is a question for councilmember
[10:11]
nadeau, but with regard to subject to appropriations, what
[10:19]
I've seen happen in the health field on we are adding a new
[10:23]
profession and we give the board a responsibility to develop the
[10:27]
scope of work then we tell them, hey, you also need to add a new
[10:31]
person to the board, often times boards will say, we are going to
[10:35]
wait until the mayor's team sends us a nomination for these
[10:41]
new people before we even consider the process for this
[10:44]
new profession because we want them to be part of the
[10:46]
conversation. I'm curious whether or not
[10:52]
perhaps on second reading you could do a bifurcated subject of
[10:56]
appropriation such that the new members to the board of trade
[10:57]
can be added -- I could definitely see this, we asked
[11:05]
this today and the new regulations do not get out for
[11:08]
three to four years if we don't put the members of the board on
[11:11]
earlier than the other piece. Does that make sense?
[11:16]
councilmember nadeau: yes, although it is a now not a then
[11:22]
problem in the sense the author of the bill will be there.
[11:24]
councilmember henderson: great. Councilmember nadeau: we could
[11:27]
do that at the second reading. I don't know that we need to.
[11:32]
I definitely get the concern because we have all lived it for
[11:34]
the past 12 years but that time is coming to an end.
[11:41]
chairperson mendelson: councilmember bonds.
[11:43]
councilmember bonds: think you very much chairman.
[11:48]
I want to thank councilwoman nadeau for this bill.
[11:54]
in particular, I'm almost always speaking out as it relates to
[12:01]
opportunities for d.c. Workers and again, that is what I'm
[12:07]
about to say. But I think this issue is about
[12:13]
safety and I think we have to be really concerned about that.
[12:17]
we have a number of large projects that we are going to
[12:22]
wrestle with and I want to make sure that whatever products we
[12:28]
produce, that they are safely done.
[12:31]
when we think about metal and glass, and we have what we call
[12:36]
these glass and chrome structures already in the city,
[12:40]
and we want to make sure as we move forward that the
[12:45]
individuals not only are trained but also can go through a
[12:48]
certification process, I'm very happy to support this bill
[12:53]
today. Chairperson mendelson: if there
[12:58]
was no further discussion the vote will be on bill 26-422.
[13:02]
all those in favor of the bill say aye.
[13:06]
any opposed? >> [indiscernible]
[13:12]
chairperson mendelson: the aye have it unanimously.
[13:18]
councilmember white will be recorded as presence.
[13:21]
the bill is approved. I will turn to the nonconsent
[13:27]
agenda. My understanding is the
[13:32]
amendment hasn't circulated yet on bill 26-224.
[13:38]
if there was no objection I will call that a little later in this
[13:40]
meeting. We will deal first with bill
[13:44]
26-494, accountancy practice amendment act of 2025.
[13:49]
councilmember nadeau. Councilmember nadeau: yes, ok.
[13:56]
earlier today at the committee of the whole I discuss the
[13:59]
benefits of the accountancy practice act which passed out of
[14:03]
committee with no substantive changes for what the mayor
[14:06]
introduced. Now I would like to move an
[14:10]
amendment and the nature of a substitute which still leaves
[14:14]
those accounting licensure pieces intact but adds two new
[14:18]
components germane to the underlying bill in that they
[14:20]
deal with business licensing matters the department of
[14:24]
licensing and public protection regulates.
[14:26]
my staff circulated this amendment on friday the 26th at
[14:29]
4:42 p.m. And we recirculated it yesterday with a minor change to
[14:35]
the notice but not the amendment itself.
[14:37]
first the ans would incorporate technically pro-business
[14:43]
administrative updates to provisions recently amended.
[14:46]
one of business and entrepreneur ship was funded.
[14:52]
the department of licensing and consumer protection recommended
[14:55]
these changes in the form of emergency and temporary
[14:58]
legislation which we already passed unanimously last year.
[15:02]
maybe the most noteworthy provision in the current
[15:05]
temporarily -- temporary bill was amendments to propose
[15:10]
entertainment establishments paired under the final version
[15:13]
neighbors could file an objection and a formal hearing
[15:17]
followed by decision from the mayor appeared the problem is
[15:19]
dlcp is not an agency that conducts hearings so we have
[15:23]
never allowed this version of the act to take effect and said
[15:26]
the mayor proposed letting anc's evaluate objections and submit
[15:31]
them which would be [indiscernible]
[15:35]
ultimately the buck stops with the mayor either way but this
[15:40]
leverages representatives to help the executive weigh the
[15:42]
pros and cons. The current temporary law in
[15:44]
this ans allows some types of businesses to continue receiving
[15:51]
licenses and let them renew licenses that expired more than
[15:53]
nine months in exchange for a fine rather than starting the
[15:58]
process over the vast majority of the provisions the
[16:00]
councilmember pinto introduced in 2021 and approved in 2022
[16:06]
would be left alone. There is one provision that did
[16:08]
not come from dlcp, it has to do with towing companies.
[16:13]
we require some courtesy and repair towing companies to
[16:15]
identify an impound lot when impounding is never part of
[16:19]
their business model and my ans would fix that.
[16:22]
without a movie amendment, substitute to 26-494 and urge
[16:28]
colleagues to support it. Thank you.
[16:35]
chairperson mendelson: you moved the amendment nature of the
[16:39]
substitute, correct? Councilmember nadeau: yes.
[16:41]
chairperson mendelson: is there discussion on the amendment?
[16:45]
the vote will be on the amendment nature of the tubs to
[16:48]
peer at all those in favor say aye.
[16:51]
are there any opposed? The ayes have it unanimously.
[16:57]
now we have the bill as amended. Is there discussion on the bill?
[17:03]
the vote is on bill 26-494 as amended.
[17:07]
all those of -- in favor say aye .
[17:11]
any opposed? Hearing none the ayes have it
[17:14]
, unanimously. We will turn to bill 26-430,
[17:25]
education code adjustments amendments act of 2026.
[17:27]
this is final reading. I circulated an amendment nature
[17:35]
of the substitute. We talked about this briefly at
[17:38]
breakfast. There are number of changes
[17:43]
throughout the engrossed version but there are also seven
[17:46]
sections that are newly added since this was brought up at the
[17:51]
breakfast. I will go over what they are
[17:53]
briefly. I don't think any of this is
[17:56]
controversial so section 4, lead exposure prevention, a new
[18:02]
section that aligns statutory language with other agencies and
[18:07]
eases administrative burden by making an annual report biannual
[18:12]
. Section six childcare bureau
[18:15]
,ans, repeals the childcare bureau which no longer exists.
[18:19]
it was expected to provide the district government with a
[18:23]
single administrative focused on childcare and has since been
[18:25]
subsumed within the division of early learning within osse.
[18:30]
section 17, green and sustainable schools, in early
[18:35]
2026 the u.s. Department of education paused its green
[18:38]
ribbon schools program, revise the language in the healthy
[18:43]
schools act to reflect that change and provide osse a means
[18:48]
to recognize school achievements and green initiatives.
[18:50]
moreover the lang which requires the environment -- language
[18:57]
provides a stipend and requires schools to participate because
[19:01]
funding has not been appropriated it has never been
[19:03]
appropriated for these. Section 21, new osse nonpublic
[19:11]
basement one time report. Ans removes the one-time
[19:16]
reporting requirement to review the process of appealing osse's
[19:20]
decision to deny, revoke or approve for chilled -- students
[19:26]
with disabilities. And issuing subpoenas, this
[19:31]
grants osse authority to issue ministries of subpoenas to
[19:36]
conduct enrollment and residency investigations.
[19:38]
it is limited to enrollment. Osse through its office of
[19:46]
enrollment registration is responsible for investigating
[19:49]
enrollment and residency matters but cannot compel production of
[19:55]
records during the investigative stage.
[19:56]
often delaying access to credible -- prickle
[20:00]
documentation. Section 22 course data
[20:02]
collection, osse has oversight responsibilities including
[20:07]
school performance, students with disabilities, state
[20:11]
academic standards. However osse cannot compel lea's
[20:18]
to share information about courses offered or taught.
[20:20]
this provision requires them to submit course offerings and
[20:23]
curriculum to osse upon request. Section 27, coronavirus
[20:29]
immunization regulations. Ans repeals the requirement osse
[20:37]
-- for license job developments staff.
[20:41]
the council repealed the requirement for students to be
[20:44]
immunized does not repealed the requirement that osse issue
[20:47]
these regulations. Those are the new provisions in
[20:51]
the amendment, nature of the substitute.
[20:55]
I move the amendment, is there discussion?
[20:56]
>> mr. Chairman. Chairperson mendelson:
[21:01]
councilmember parker. Councilmember parker: I agree,
[21:04]
much of what you conclude is not controversial but we did have a
[21:07]
conversation at the breakfast that I think is worth having on
[21:10]
the public record and that is simply to propose, not today but
[21:16]
in the near future granting osse the authority as our state
[21:22]
education authority or agency rather to be able to compel
[21:26]
information for alllea's. We are piecemealing and in
[21:32]
recent years have given osse authority over limited areas.
[21:36]
in this instance we are printing osse to request course data and
[21:42]
that may seem innocuous enough but it strikes me as odd that we
[21:48]
would not more fully empower our state education agency to work
[21:52]
with lea's. It is something I hope to work
[21:58]
with you perhaps this year or the near future not to undermine
[22:01]
lea autonomy and specifically this is of interest with our
[22:05]
charters. To empower osse to step into
[22:10]
that role as a state education agency.
[22:15]
there are areas like financial records, health records.
[22:18]
we heard from the mpd chief previously there are certain
[22:24]
background and criminal records they have struggled to get from
[22:28]
some of our lea's. It seems odd we would not be
[22:33]
moving toward a more empowered state education agency.
[22:36]
I support what we are doing today but hopefully we can work
[22:39]
together in the near future. Thank you.
[22:41]
chairperson mendelson: I think I will leave it rather than
[22:46]
responding and getting into it. Further discussion?
[22:50]
we have the amendment, nature of the substitute before us.
[22:53]
all those in favor say aye. Any opposed?
[22:59]
the ayes have it unanimously. We have the bill as amended.
[23:06]
is there further discussion? The vote is on bill 26-430 as
[23:08]
amended it all those in favor say aye.
[23:11]
any opposed? Hearing none the ayes have it
[23:14]
unanimously. Before we go to emergency
[23:33]
legislation, let's go back. That is how we move forward, we
[23:37]
go backwards, to item one on the nonconsent agenda which is the
[23:43]
resale act, bill 26-224, restricting agree just
[23:50]
--egregious scalping. Councilmember nadeau: thank you,
[23:54]
chairman. I have already spoken to the
[23:59]
bill today so for the purposes of the legislative meeting I
[24:00]
will say so moved. Chairperson mendelson: thank you
[24:07]
paired we have the bill before us.
[24:09]
I suspect I should recognize either councilmember allen or--
[24:19]
councilmember allen: I'm happy to go first.
[24:23]
I want to start off by thinking my colleague councilmember
[24:25]
nadeau and the team for moving this forward and the committee
[24:29]
on public works and operations. Committee print has some of the
[24:33]
strongest protections for concertgoers in the district.
[24:36]
the practice of selling speculative ticketed -- tickets,
[24:41]
tickets you don't even have because they have not gone on
[24:43]
sale yet, is prohibited. If you're in the practice of
[24:47]
scooping up tickets at the box office, please do not, you have
[24:52]
to obtain a 25,000 surety bond making sure concertgoers have
[24:58]
recourse for tickets that are fake or not delivered.
[25:01]
and the print requirement if you're going to list a ticket
[25:04]
for resale you have to disclose the original price you got it
[25:05]
for. Transparency is a great thing.
[25:09]
I introduce this bill to solve a problem that is made ticket
[25:12]
buying an experience that is inexpensive nightmare.
[25:16]
middlemen use bots and technology to scoop up large
[25:19]
swallows of tickets forcing you into the secondary market were
[25:23]
tickets will be up to 50 times higher than the original box
[25:25]
office price. When you get into a digital
[25:28]
queue, you're beaten to the purchase by a robot, not fellow
[25:33]
music fans per even chose not likely to sell out, if you
[25:35]
search for tickets most of the results are from secondhand
[25:39]
sellers, not the box office or this causes problems.
[25:43]
this is a numbers game where the resellers by as many tickets as
[25:46]
they can, mark them up and even if they only sell five at $1000
[25:50]
they have made a tidy profit. The rest of the tickets may even
[25:52]
go unused. If you have a situation where
[25:55]
people are priced out of tickets to a show, there are empty
[25:57]
seats. Second, you spend $1000 on a
[26:01]
ticket to see your favorite band, that is where your
[26:04]
spending goes. You are less likely to go to
[26:08]
other shows or go out to dinner before or after ,buy merch.
[26:15]
third, it makes our live music and theater a luxury good, just
[26:19]
one more thing being commodified.
[26:20]
music and culture is for all of us.
[26:22]
a thriving arts scene is essential to a thriving city.
[26:28]
artists want all to attend. The secondhand market turned it
[26:31]
on its head. It is not a hypothetical issue.
[26:37]
anthem's box office talked about how regularly fans showed up
[26:40]
with fake tickets. Hamilton said it was advertised
[26:46]
vip sections that don't exist. Bots are cannibalizing ticket
[26:50]
sales and they are losing tens of thousands of dollars to run
[26:53]
operations. Artist have said the price cap
[26:57]
makes the district a more attractive place to book a show
[27:00]
because they are tired of their fans getting ripped off and we
[27:02]
should be, too. The topic of how tickets prices
[27:08]
are set and manipulated is complex.
[27:11]
a ton of money is made by scalpers who understand coding
[27:14]
and ai, who do not live here or offer value or the risk of
[27:18]
putting on a show. If you put a cap on the profit
[27:22]
you change the math for them. Council member henderson and I
[27:27]
will have an amendment to protect folks that want to go to
[27:31]
a show, protect venues from predatory practices and maintain
[27:33]
strongest protections that came out of the committee.
[27:37]
three main areas, it restores the 10% price cap on reselling
[27:41]
tickets to provide immediate relief to concert and
[27:42]
theatergoers. Second, it narrows and clarifies
[27:46]
rulemaking to focus on predatory platform fees that drive costs
[27:49]
up and third it adds further protections against platforms
[27:53]
that use personal identifying information and surveillance
[27:56]
based pricing to discriminate because different people,
[27:58]
different costs and values depending on the data.
[28:02]
I want to thank councilmembers nadeau and henderson in their
[28:06]
teens for working with us on this amendment.
[28:08]
I ask my colleagues for support and I move the amendment and
[28:12]
hope to hear from councilmember henderson as well.
[28:13]
chairperson mendelson: thank you.
[28:15]
councilmember henderson: thank you.
[28:19]
I originally signed onto the resale act when it was
[28:22]
introduced because I believe the leader -- the district, is a
[28:28]
leader in superior entertainment experiences and move -- music
[28:31]
culture. I want our venues to thrive in
[28:35]
entertainers to choose the district, and fans to be able to
[28:39]
attend and enjoy all our venues without the unnecessary
[28:44]
heartbreak that comes from when tickets don't work out on the
[28:50]
secondary and resale market. I come at this not just from the
[28:56]
perspective as a lawmaker but a genuine fan.
[28:59]
there are countless stories of individuals who, they bought
[29:03]
tickets from a reese taylor, arrived -- resaler, arrived at
[29:08]
the venue excited, only for the ticket not to be eligible to be
[29:12]
scanned and the venue to tell them, so sorry, you bought a
[29:16]
fraudulent ticket and will not be able to atten today's
[29:19]
events. There are lots of other things
[29:21]
as well in this bill that have not been covered which is around
[29:26]
the all end pricing. Nothing more frustrating when
[29:32]
you're in line on ticketmaster and have an idea of what the
[29:34]
ticket is supposed to cost, only to beat out the bots to get
[29:39]
there and you hit check out, and you notice because of taxes and
[29:43]
fees and other things, pricing that was not upfront available
[29:47]
to you, you have now been priced out of the ability to even
[29:51]
afford the ticket. This legislation does not solve
[29:54]
all things. I repeat, this legislation does
[29:58]
not solve all things. It is dealing with the secondary
[30:01]
market. There are definitely issues with
[30:03]
the primary market that this bill does not touch, but I feel
[30:07]
like overtime we are able to have more conversations about
[30:10]
that such as dynamic pricing and other things.
[30:14]
I think the amendment before us today strikes the right balance.
[30:17]
it moves and some of the complicating factors around
[30:20]
primary that was included in the original committee print, and
[30:24]
also just some other things. One other piece I want to
[30:27]
mention that is a great thing about the resale act overall is
[30:33]
about the issue of speculative tickets.
[30:35]
this has come up a lot in sort of the sports context lately
[30:39]
around world cup where we are seeing lots of people who bought
[30:43]
tickets they bought flights,, they bought hotels, they did all
[30:47]
of these things only to arrive and the seller not actually have
[30:51]
the ticket available to them. We see this happening often,
[30:56]
even in the concert space of sellers offering for sale
[31:01]
tickets that are actually not available on the market and then
[31:06]
they are not able to deliver on those as well.
[31:08]
my support for this is about protecting our venues and the
[31:14]
fan experience at the end of the day so I hope colleagues can
[31:19]
support this amendment and the overall legislation going
[31:20]
forward. Thank you.
[31:21]
chairperson mendelson: so would one of you explain in a little
[31:27]
bit more detail what this amendment does?
[31:32]
councilmember allen: sure. We can do rock, paper, scissors
[31:37]
for it. I can briefly go through that.
[31:41]
first, it restores the price cap, which was initially in the
[31:46]
introduced version of the bill. What this does is put a 10% cap
[31:50]
on the resale of the ticket. Chairperson mendelson: secondary
[31:52]
market. Councilmember allen: secondary
[31:56]
market, that is number one. Chairperson mendelson: if I may
[31:59]
interrupt, to clarify, there could be additional fees.
[32:03]
we discussed this at breakfast. Do you want to explain that?
[32:06]
councilmember allen: sure. The bill sets a price cap at the
[32:12]
total cost of the initial ticket plus up to 10%.
[32:15]
it also permits a secondary ticket exchange to charge a fee
[32:18]
for the service of providing a marketplace for the resale of
[32:20]
the ticket provided the fee does not exceed 10% of the price of
[32:24]
the initial ticket. Chairperson mendelson: keep
[32:27]
going. Yes.
[32:29]
councilmember allen: councilmember henderson talked
[32:34]
about this, changes the amendment makes related to the
[32:38]
print version around the authority of the mayor to issue
[32:42]
rules related to fees. It narrows and clarifies that to
[32:47]
focus on the platform fees, not the venue fees.
[32:52]
so it is specific to the platform fees.
[32:54]
chairperson mendelson: and that is meant to address concern that
[32:56]
some venues raised they are affected by -- they are worried
[33:02]
they would be affected by the broader mayoral rulemaking
[33:04]
authority. Councilmember allen: correct.
[33:07]
in addition, in terms of what the committee had put forward in
[33:14]
terms of creating a regulatory regime around this, it allows
[33:16]
the mayor after a year to be able to come back and take a
[33:19]
look at that price cap. So we will evaluate, is it
[33:22]
working the way we wanted? Does it need to be adjusted in
[33:25]
some way? That is the changes as it
[33:27]
relates to the mayor's authority there.
[33:31]
and then it also focuses on prohibiting surveillance based
[33:35]
price discrimination. And so this is if all of us
[33:39]
wanted to go see a show right now and everybody login on the
[33:41]
same platform, is quite possible we will all get slightly
[33:47]
different prices based on that because there is a lot of data
[33:49]
mining, information that figures out who I am compared to you,
[33:52]
and the price reflects that. That is discrimination in price.
[33:57]
so it prohibits debt, which I think is a smart protection for
[34:00]
our primary marketplace as well. Chairperson mendelson: that is
[34:02]
both primary and secondary. Chairman alan -- councilmember
[34:07]
allen: yes but on the primary space more.
[34:12]
in a the applicable and because because there is linkage with
[34:19]
the clause. Chairperson mendelson:
[34:20]
councilmember nadeau. Councilmember nadeau: thank you,
[34:25]
I appreciate that, mr. Chairman. As I mentioned in the committee
[34:29]
of the whole, I am proud of the work we did in committee to
[34:32]
evaluate this bill and strengthen it to advance
[34:36]
consumer protection. We would add a new provision to
[34:41]
address high costs in the primary and secondary markets
[34:44]
including but not limited to the authority to resale prices, cap
[34:48]
ticket sales fees, and regulate f predatory pricing.
[34:54]
late last week, I heard feedback the rulemaking
[34:58]
provision and I had come in today expecting we would work on
[35:06]
that between first and second reading.
[35:09]
what I came to understand this morning from colleagues was that
[35:15]
there was interest in a more broad set of tweaks.
[35:23]
so, although I have reservations with instituting an immediate
[35:29]
secondary market cap without a similar ability to address the
[35:33]
skyrocketing primary prices in response, I do appreciate that
[35:37]
this amendment preserves flexibility in the price cap
[35:41]
itself so the district can be more responsive to address a
[35:43]
rapidly evolving market. I am also glad we can address
[35:48]
surveillance pricing in this amendment.
[35:50]
I do still hold concerns this does not provide the ability to
[35:53]
tackle other dynamic pricing strategies, but surveillance
[35:58]
pricing that discriminate against individuals is clearly
[36:00]
the most egregious, to borrow a word from the bill title.
[36:05]
despite my reservations, the other aspect of the amendment my
[36:08]
colleagues described will I believe make a positive
[36:10]
difference for consumers and the amount of material we agree on
[36:14]
is much greater than what we disagree on so I will be
[36:16]
supporting the amendment. Thank you, chairman.
[36:18]
chairperson mendelson: thank you.
[36:20]
councilmember trayon white. Councilmember white: thank you,
[36:24]
chairman. I have a question to get
[36:27]
something ready. I no one of the reasons was to
[36:30]
address the issue of price gouging, especially in the bo
[36:37]
markett where people are buying tickets and telling them for
[36:40]
higher prices. From these amendments we got
[36:43]
just now, how does it affect those who have tickets that are
[36:47]
reselling their personal tickets?
[36:49]
does it apply to all or just businesses or investors who are
[36:54]
doing this? Chairperson mendelson: who do
[37:00]
you want to answer that question?
[37:03]
councilmember white: whoever has the ability to answer.
[37:04]
chairperson mendelson: councilmember nadeau?
[37:07]
councilmember nadeau: we address that in the print itself by
[37:12]
including provisions that councilmember allen introduced
[37:16]
in the underlying bill. Councilmember white: I am still
[37:18]
not clear. Is it for everybody or just
[37:24]
large investors or businesses? Councilmember nadeau: so the
[37:29]
practice you are describing is called -- sorry, the word is
[37:34]
escaping me. It has been a long day.
[37:37]
the speculative purchasing where someone buys up a bunch of
[37:41]
tickets and then resells them. Councilmember white: yeah.
[37:48]
there is a difference between somebody buying 1000 tickets or
[37:51]
one or two tickets and reselling them.
[37:54]
I am trying to figure out the bill differentiation.
[37:56]
is this broad for everybody? I think charles --
[38:02]
councilmember and nad nadeau: y. My brain fizzled out.
[38:11]
>> I am going to sell my tickets to you.
[38:15]
we are able to have that personal exchange.
[38:18]
the price cap still applies. I cannot gouge you either for
[38:21]
that ticket. The biggest change you will see
[38:25]
is scalping used to be, you know, somebody stood outside a
[38:29]
venue with two, four tickets trying to sell them.
[38:34]
that is not how scalping works anymore.
[38:36]
what you see is these massive platforms have been built.
[38:40]
if you and I cannot go to the show anymore, I just want to
[38:43]
sell you my tickets, I don't have to register with dlcp or do
[38:47]
any of that type of stuff. If I am a business is getting
[38:52]
hundreds and hundreds of tickets and this is my business and I
[38:53]
have to be registered with dlcp and have to carry my
[38:59]
maturity bond, I have to make sure I am good on that.
[39:01]
the price cap is across the board but if I am buying a
[39:07]
bunch of tickets and reselling them come I would have to
[39:09]
register but it would not affect my ability to sell my two to
[39:12]
you. Councilmember white: got it.
[39:14]
what would trigger for them to report they are a business or
[39:19]
they purchased both tickets? Some purchase small amounts of
[39:23]
tickets and do the same thing. Councilmember allen: you have to
[39:28]
sell and this more than 50 tickets per year.
[39:30]
I have a show or a game I cannot go to and I sell them to you and
[39:33]
maybe next week I sell them to fill, that will not be 50 so I
[39:38]
don't have to register anything. But if I am more than 50, is a
[39:41]
business. Councilmember white: got you.
[39:43]
thank you. Councilmember allen: thanks.
[39:45]
chairperson mendelson: thank you, counsel number.
[39:48]
councilmember pinto. Councilmember pinto: thank you
[39:52]
so much councilmembers for working on this important issue.
[39:56]
I am in agreement that d.c. Is a world-class city and we need to
[40:02]
support our incredible venues and artists and preserve the
[40:06]
ability for our residents and fans to go see shows and for
[40:09]
people to come from around the country in the world to these
[40:12]
incredible venues. What we are doing today, we have
[40:16]
to be particularly mindful to. I appreciate the changes in the
[40:21]
amendment that councilmember allen and henderson have
[40:25]
circulated that kind of restore some of the initial language
[40:28]
from the bill. But I have a couple questions as
[40:32]
I just read this language and the rationale.
[40:39]
so, in section 2b, where it says in addition to the rules in
[40:51]
subsection a, the mayor is authorized the rules for the
[40:58]
service of providing the marketplace for the issuance or
[41:03]
sale of an initial ticket. My understanding from this
[41:06]
morning's discussion was the intention of the
[41:09]
amendment was to go back to the original intention of the bill
[41:16]
to regulate the secondary market as opposed to giving the mayor
[41:22]
authority to regulate fees on the primary market.
[41:24]
but this language seems just as concerning in that respect.
[41:29]
yet, please. Councilmember allen: sure.
[41:33]
through the chair, and I will turn to councilmember nadeau to
[41:38]
add on as well, this is specifically to the platform
[41:39]
fees. So not the venue fees.
[41:43]
so this allows the mayor to be able to take a look at platform
[41:46]
fees that are charged to the consumer.
[41:49]
it is not the fees of the venue they have to say I will host
[41:53]
this event. That was part of the original
[41:57]
bill, not including venue fees, so this is only focusing on the
[42:02]
platform fees, meaning the platform, the website, the
[42:09]
company taking the sale. Anything you wanted to add to
[42:16]
that, or did I described that correctly?
[42:19]
councilmember nadeau: the goal is we can go after the primary
[42:24]
market in a way that does not penalize local businesses
[42:27]
basically. Councilmember pinto: I guess I
[42:29]
don't see how this would not penalize local businesses if we
[42:32]
are saying the mayor could regulate prices on the primary
[42:37]
market, regardless of who is issuing the ticket.
[42:42]
councilmember nadeau: it is real specific.
[42:45]
we can look at it. Councilmember pinto: governing
[42:49]
the fees for the service of providing a marketplace for the
[42:52]
issuance or sale of an initial ticket.
[42:54]
councilmember nadeau: fees. Fees, right?
[42:58]
councilmember pinto: ok. So this is meant to be
[43:03]
addressing tack on fees after the ticket price.
[43:07]
I see. Thank you.
[43:09]
that is helpful. There is language on the
[43:15]
rationale that I just want to make sure I understand what this
[43:19]
is corresponding to. This is on page three of the
[43:23]
circulated amendment, the panel to the paragraph.
[43:27]
the amendment preserves the ability for the mayor to
[43:29]
regulate fees in the primary and secondary market, clarifies this
[43:34]
authority applies only to fees assessed by the part from stem
[43:37]
cells for providing a marketplace for the issuance
[43:40]
sale and resale of tickets. So is this again corresponding
[43:44]
to that previous language we just discussed just for fees?
[43:47]
got it. Councilmember allen: correct.
[43:49]
councilmember pinto: thank you very much.
[43:52]
chairperson mendelson: thank you, councilmember pinto.
[43:56]
councilmember parker. Councilmember parker: I'm sorry.
[44:03]
councilmember henderson was distracting me.
[44:05]
[laughter] chairperson mendelson: don't
[44:08]
keep blaming other members. Councilmember parker: thank you,
[44:11]
councilmembers. It seems like you all came to a
[44:15]
pretty common sense compromise that I think works.
[44:18]
I was proud to introduce the underlying measure.
[44:23]
I have a couple questions. On the amendment, sections b and
[44:28]
c, the 10% up sale. So if I resell a ticket, I can
[44:36]
resell it up to 10%. That makes sense.
[44:39]
then, c, if I exchange a ticket, I can charge an additional 10%.
[44:47]
so now we are talking about to 20%.
[44:52]
and I just want to make sure I am interpreting that the right
[44:54]
way that the additional 10% is cumulative.
[45:03]
I'm sorry. The question is, is the
[45:08]
additional 10% in section c cumulative so the
[45:16]
exchange price can be up to 20% of what the original ticket
[45:18]
price was? Councilmember allen: correct,
[45:23]
because you may have a situation where a part is charging a fee
[45:25]
so you want to be able to include all of that.
[45:26]
councilmember parker: that's when he percent must encompass
[45:30]
all fees or the venue the seller and whatever the price of the
[45:32]
ticket is? Councilmember allen: essentially
[45:34]
you who bought the ticket, what you paid for.
[45:36]
councilmember parker: two other things.
[45:40]
I note that councilmember nadeau to her credit in the committee
[45:45]
print was trying to regulate dynamic pricing.
[45:48]
so dynamic pricing is this idea that when I go to buy my beyonce
[45:53]
tickets, because we are all looking at the same time, the
[45:56]
price is going up and up and up. With this amendment, now there
[46:02]
is nothing dealing with dynamic pricing.
[46:07]
and so let me ask it this way. Are the venues we care about,
[46:12]
like the 930 club, concerned about dynamic pricing?
[46:19]
my guess would be no. It seems like the only people
[46:23]
that would be concerned about dynamic pricing would be these
[46:27]
big sellers like ticketmaster. And so the question would be,
[46:31]
why aren't we putting guardrails around that?
[46:35]
not to complicate the amendment. I am glad you all reached a
[46:39]
compromise, but that seems like one area we just did not touch.
[46:43]
I just want to go back to the numbers that I quoted from the
[46:48]
original complaint filed by the oag where retailers like
[46:53]
ticketmaster upsell anywhere from 24% to 44% and consumers
[47:00]
have paid more than $16 billion. I know that was not the original
[47:06]
intent of your underlying bill. I'm sorry, mr. Chairman, if I
[47:10]
can have more time. Chairperson mendelson: not much
[47:12]
more. There is an answer to come.
[47:16]
councilmember parker: councilmember allen, if you can
[47:21]
just speak to all of that. [laughter]
[47:25]
councilmember allen: thank you, councilmember, with all of your
[47:29]
additional time. One of my colleagues said early
[47:34]
on, let's be very clear, this bill is not all things for every
[47:38]
single problem in this marketplace.
[47:40]
so start there. Right?
[47:43]
the name of the bill is the resale act so it is focused --
[47:48]
when it was introduced it was focused on the secondary and
[47:50]
resale market. There were elements of the
[47:52]
primary marketplace that I think became a pressing issue, so you
[47:57]
see some of that inc. Here. I know that my colleagues
[48:01]
introduced some legislation trying to get at some of these
[48:03]
issues. So there are very likely to be
[48:06]
more types of things to look at this.
[48:09]
it did not include dynamic pricing in this.
[48:12]
I also think from a policy perspective, we used a dynamic
[48:17]
pricing and rationalized it in other policy spaces, so I don't
[48:20]
know. Like parking.
[48:24]
we used dynamic pricing for parking.
[48:27]
if you have ever taken a ride on uber, if you took a toll road,
[48:31]
we use dynamic pricing in a lot of ways.
[48:33]
councilmember parker: I hear you and I respect that and I know we
[48:38]
probably will not fix it now. I will throw it out there before
[48:41]
second reading. It would be great if we can
[48:44]
include that back into the provisions that he may hear in
[48:48]
the future make be able -- future might be able to
[48:52]
regulate. It sounds like there was a lot
[48:54]
of testimony about that, and I can tell you from experience it
[48:59]
is frustrating when I see the price of a concert jump by
[49:01]
hundreds of dollars simply because everyone is interested.
[49:05]
the only other thing I wanted to come to was enforcement.
[49:08]
I know I have raised this multiple times, but I want to
[49:11]
walk through this again. Maybe this is better geared
[49:14]
towards councilmember nadeau. Enforcement I am clear is
[49:21]
targeting bulks others. Let's say those -- bulk sellers,
[49:28]
let's say those selling thousands.
[49:29]
how will dlcp become aware of someone running afoul of these
[49:38]
provisions, and what actually is the consequence?
[49:40]
so I heard earlier they will receive a notice of infraction.
[49:45]
great. Are there fines?
[49:51]
is there a suspension of sorts? Can you speak to what the
[49:54]
penalty is for not following the law?
[49:57]
councilmember nadeau: yeah. And I actually will also just
[50:04]
speak to your prior question also for a second.
[50:07]
so, dynamic pricing includes prices that are both legitimate
[50:14]
-- that vary for both legitimate and illegitimate reasons.
[50:20]
the mayor would tackle those in the coming years through
[50:23]
rulemaking. What the amendment does instead
[50:28]
is focuses on the west obviously offensive form of dynamic
[50:30]
pricing which is called surveillance pricing.
[50:32]
that is what we were talking but earlier where prices are
[50:36]
tailored to individual consumers based on activity that can
[50:38]
correlate with demographics. That is in the amendment, which
[50:41]
I think is good. We will also in committee be
[50:44]
taking on surveillance pricing more broadly with councilmember
[50:50]
henderson's bill on this issue, which also pertains to
[50:54]
transportation, etc. Anyone who is selling over 50
[51:01]
tickets on the platforms will have to register.
[51:05]
so it is not just a big bulk. It is also sort of smaller bulk.
[51:11]
that is where we set the threshold.
[51:11]
councilmember parker: I'm sorry, if I could just jump in.
[51:16]
I am genuinely trying to understand.
[51:17]
how will dlcp know that councilmember allen is selling
[51:24]
100 tickets? He should be registering.
[51:27]
councilmember nadeau: I think I used the example earlier today
[51:31]
of short-term family housing. Right?
[51:35]
it has to be partnership between the regulatory agency and the
[51:37]
platforms and the public. It is not an easy answer.
[51:39]
councilmember parker: so they register.
[51:42]
and what happens? Councilmember nadeau: and then
[51:48]
-- ok, so they register. And then we know that they exist
[51:54]
and they will be selling. And then there are requirements
[52:00]
for the platforms to share expansive data, extensive data
[52:02]
with dlcp. Councilmember allen put money in
[52:07]
the budget to add staff to the department to assist with
[52:12]
monitoring all of this. So we are setting ourselves up
[52:16]
for success. And also, it will still take
[52:21]
work to ensure. Councilmember parker: got you.
[52:26]
one last follow-up question related to that.
[52:29]
is there anyway to hold the big ticket sellers accountable, like
[52:33]
ticketmaster, to not allow someone to gouge if we are
[52:37]
saying in the law you cannot sell for more than 20%?
[52:40]
it sounds like we are putting the onus on ourselves.
[52:43]
and I hear you. I guess my concern is we are
[52:47]
wrinkling and going through all of this -- wranglgiing and going
[52:53]
through all of this but I am not convinced we will catch all of
[52:55]
the bad actors. Councilmember nadeau: I think it
[52:59]
is honestly like anything else we do appear.
[53:01]
we have to constantly monitor and do oversight to make sure it
[53:05]
is properly followed. I certainly will be leaving
[53:09]
behind my book of tips and tricks when I leave this place,
[53:13]
but I think that, again, it has to be a combination of consumers
[53:22]
and the regulatory agency and the council working together to
[53:24]
ensure, and the platforms, to ensure it all gets implemented
[53:28]
with fidelity and what is intended here actually happens.
[53:32]
I mean, one of the reasons I had given the mayor such broad
[53:38]
regulatory authority was because we cannot anticipate everything.
[53:41]
ideally she would not have to come back to us every time to
[53:44]
catch up, to catch up with the industry.
[53:49]
and so maybe we should look at that, tweaking that for a second
[53:54]
reading. Because we did move pretty
[53:56]
quickly today to try to address everybody's concerns.
[54:00]
so, happy to talk more with folks.
[54:00]
chairperson mendelson: thank you, councilmember.
[54:03]
councilmember crawford. Councilmember crawford:
[54:08]
councilmember parker already asked the question I had on what
[54:13]
it affects, a cumulative 20% cap.
[54:17]
that is important for after the meeting.
[54:19]
thank you. Chairperson mendelson:
[54:20]
councilmember frumin. Councilmember frumin: thank you,
[54:25]
councilmembers. I think this is a good
[54:27]
compromise. Really happy to see we have
[54:30]
gotten to where we have gotten. I want to put a marker down on
[54:35]
dynamic pricing because I would be reluctant to say that should
[54:43]
just be designated as a rulemaking.
[54:45]
I think we want to hear testimony on that.
[54:48]
I think what is happening here is an effort to take the dollars
[54:52]
from big platform international companies that are getting large
[55:00]
fees and scalpers who are getting large profits and
[55:02]
bringing dollars back to the venues themselves.
[55:08]
I would want to hear from the venues because I would want to
[55:11]
understand how when the prices of the tickets go up, to
[55:18]
what extent the artists benefit from the higher revenue that
[55:20]
comes in. I don't know the answer to that,
[55:24]
but I would want to hear that. I would also want to hear from
[55:28]
venues about -- I am sure venues have some shows that are very
[55:36]
profitable and many shows that are not.
[55:40]
and they provide a setting for folks to come out and begin to
[55:47]
build a following. So I would not want to get too
[55:51]
far out there in choking off their access to revenue from
[55:56]
profitable shows because it may well be that they benefit from
[56:02]
that but others benefit from that as well.
[56:07]
I think it is sort of a complicated economic question,
[56:11]
and I would not want to immediately say send it to
[56:13]
rulemaking. I would want to hear from the
[56:16]
front line players on that. But on what we have accomplished
[56:20]
here today on what are the most egregious issues, I think a lot
[56:26]
to be proud of and very grateful to those who worked on it.
[56:31]
chairperson mendelson: thank you.
[56:34]
if there is no further discussion -- oh, I'm sorry,
[56:38]
councilmember pinto, second round.
[56:40]
councilmember pinto: I'm sorry, and I know you all worked out
[56:44]
this language but I am hearing from venues now about concerns
[56:48]
around these fees because they receive money from the fees even
[56:53]
if the ticket is being handled on a different platform.
[57:01]
working on a compromise, but it still feels like the initial
[57:06]
intention was really to focus on the secondary market and that a
[57:13]
potentially unanticipated consequence of even this
[57:18]
compromise language could be that our local venues get fewer
[57:20]
fees than they are currently getting.
[57:25]
and so I wanted to see how people would feel about
[57:31]
clarifying in section b that we are talking about the secondary
[57:38]
marketplace for the regulation of fees.
[57:39]
chairperson mendelson: I would urge that that language be
[57:44]
looked at between first and second reading.
[57:46]
let's get this bill engrossed and folks can over the next two
[57:49]
weeks take a look at what we have done and get feedback.
[57:53]
but I am also thinking if it is 10% on fees, I mean, as I
[57:59]
recall, you pay two dollars, maybe five dollars in fees per
[58:04]
ticket. It is way less than 10%.
[58:08]
so I am not even sure there is an issue here.
[58:09]
councilmember pinto: well, the 10% cap is for the secondary
[58:13]
market. My concern is that this language
[58:19]
authorizes the mayor to regulate fees even in the primary market.
[58:23]
no. I'm talking subsection b.
[58:28]
it does not say anything about 20%.
[58:31]
fees for service providing a marketplace for the issuance or
[58:35]
sale of an initial ticket. So if another platform is
[58:38]
selling a ticket for the 930 club and has some fees on it,
[58:46]
our venues are currently receiving some of those fees, is
[58:48]
my understanding. Chairperson mendelson: all
[58:50]
right. Well, your time has expired.
[58:53]
councilmember pinto: ok. So, great.
[58:58]
so I look forward to working with you all between first and
[59:00]
second reading to try to refocus on the secondary market.
[59:05]
thank you. Chairperson mendelson: if there
[59:07]
is no further discussion, the vote will be on the amendment
[59:12]
that was circulated by councilmembers henderson and
[59:14]
allen. On the amendment, all those in
[59:16]
favor say aye. Are there any opposed?
[59:21]
hearing none, the ayes have it unanimously.
[59:24]
that was the amendment. Now we have the bill as amended
[59:28]
before us. Is there any further discussion?
[59:32]
on the bill as amended. So just I will repeat what I
[59:37]
said a moment ago. This is first reading.
[59:40]
and at the moment, it looks like second reading will be july 14.
[59:44]
our practice is the general counsel will engross the bill to
[59:48]
reflect the amendment and that will become available later this
[59:51]
week. And so everybody can look at it
[59:55]
and see if they are comfortable. On the bill as amended, all
[1:00:00]
those in favor, say aye. Are there any opposed?
[1:00:05]
hearing none, the ayes have it unanimously.
[1:00:09]
we will turn to emergency measures.
[1:00:16]
the first is 26-753, the holdover period emergency
[1:00:22]
extension resolution. Councilmember allen.
[1:00:26]
councilmember allen: thank you, mr. Chairman.
[1:00:31]
ok. The public service commission of
[1:00:36]
the district of columbia, psc is led by the mayor with advice to
[1:00:44]
the council. The current commissioners, two
[1:00:53]
are set to expire today. Section 2c provides that "no
[1:00:57]
person shall serve in a hold of her capacity for longer than 180
[1:01:01]
days after the expiration of the term to which he or she was
[1:01:04]
appointed." officers appointed by the mayor
[1:01:07]
with advice and consent to the consul given their current terms
[1:01:10]
are set to expire today on june 30, there holdover period would
[1:01:14]
end on december 2, 2026. Energy costs in the district
[1:01:19]
have risen in the past year more than any other district.
[1:01:28]
psc needs new leadership to navigate the affordably crisis
[1:01:32]
and needs stability during the interim of administration
[1:01:36]
changes to ensure a quorum can be met and operations continue.
[1:01:39]
a new mayor will be inaugurated on january 2, 2027, and they
[1:01:44]
should determine who is best to lead in the coming years.
[1:01:48]
this emergency legislation would extend the holdover period from
[1:01:52]
180 days to 270 days, if actively adding 90 additional
[1:01:55]
days until march 27, 2027. Extending the holdover period
[1:02:00]
will allow commissioners to serve while the next mayor
[1:02:01]
determines the new nominees and the council can vote on those.
[1:02:05]
thank you, mr. Chair. Chairperson mendelson: we have
[1:02:08]
the declaration before us. Is there discussion on the
[1:02:11]
declaration? The vote will be on.
[1:02:16]
all those in favor, say aye. Are there any opposed?
[1:02:20]
hearing none, the ayes have it unanimously.
[1:02:24]
we have the underlying bill 26-715.
[1:02:28]
is there a discussion? The vote will be on bill 26-715.
[1:02:35]
all those in favor, say aye. Are there any opposed?
[1:02:39]
hearing none, the ayes have it unanimously.
[1:02:42]
the next measure is 26-751. Conference of policing and
[1:02:48]
justice reform technical emergency declaration resolution
[1:02:50]
2026. Councilmember allen: thank you,
[1:02:52]
mr. Chair. On december 20, 2022, congress
[1:02:57]
passed the act. Section 105 of the permanent law
[1:03:03]
which expands the jurisdiction of the office of police
[1:03:06]
complaints remains unfunded and has not yet taken effect.
[1:03:09]
instead, substantially similar provisions have been maintained
[1:03:12]
on emergency and temporary basis.
[1:03:16]
amending the expanding supports for the act of 2022 which is
[1:03:21]
d.c. Law 24-341, 14698. Section 4 of the leading
[1:03:28]
education access for reentry and necessary success passed on the
[1:03:33]
second reading on june 2, 2026. It clarifies the scope of
[1:03:39]
reporting requirements on a permanent basis moving forward
[1:03:42]
and has not yet been signed by the mayor.
[1:03:44]
in response, the council passed the reform technical emergency
[1:03:48]
act of 2025 which expired on january 28, 2026.
[1:03:53]
council also passed the company hence of and justice reform
[1:03:57]
technical temporary amendment act of 2025 which is set to
[1:04:00]
expire on august 13, 2026, prior to the council's return from
[1:04:04]
legislative recess. This new round is necessary to
[1:04:08]
prevent a gap in the law between the expiration of the temporary
[1:04:11]
legislation and section 105. It is necessary to clarify the
[1:04:17]
scope of reporting requirements amended by the expanding reports
[1:04:22]
. With that, I move.
[1:04:24]
chairperson mendelson: thank you.
[1:04:26]
we have the declaration before us.
[1:04:28]
is there discussion? Councilmember henderson: mr.
[1:04:31]
chairman. Chairperson mendelson:
[1:04:32]
councilmember henderson. Councilmember henderson: we have
[1:04:36]
been voting on this on an emergency and temporary basis
[1:04:42]
fairly routinely at this point, so I am curious, what is the
[1:04:45]
permanent plan here? Chairperson mendelson: there is
[1:04:51]
a certain amount of finger-pointing going on.
[1:04:52]
councilmember henderson: I am not pointing a finger.
[1:04:54]
chairperson mendelson: I know you are not.
[1:04:56]
councilmember henderson: I am just asking.
[1:04:57]
chairperson mendelson: not sure I want to get into whose fingers
[1:05:02]
are pointing at who but this apparently has to do with a
[1:05:04]
provision that allegedly I had something to do with and that
[1:05:08]
has not been funded, so I think there is some belief I am
[1:05:12]
supposed to do something about this, which I am not fully
[1:05:16]
understanding. At least going to the next
[1:05:18]
round, maybe we will sort it out.
[1:05:21]
councilmember henderson: so, we do it one more time.
[1:05:25]
chairperson mendelson: I would prefer we do it many more times
[1:05:30]
until the person I think is responsible figures out how to
[1:05:32]
fund it. [laughter]
[1:05:33]
councilmember henderson: how much is this particular
[1:05:35]
provision? Chairperson mendelson: beats me.
[1:05:38]
councilmember henderson: [laughter]
[1:05:41]
so we don't know what we are fighting over?
[1:05:44]
chairperson mendelson: I am not sure fighting is the right word.
[1:05:47]
councilmember henderson: ok. I would just say for the record
[1:05:51]
-- chairperson mendelson: a
[1:05:53]
misunderstanding over it. Councilmember henderson:
[1:05:56]
nonetheless, in terms of the personal gripes between who is
[1:05:59]
responsible for what, etc., this is one of those situations where
[1:06:03]
we have already been critiqued from the hill in terms of doing
[1:06:08]
successive emergencies back to back that are permanent coming
[1:06:11]
into play. That is what I am asking what
[1:06:14]
the plan was if we are going to continue doing this on an
[1:06:19]
emergency basis or someone, however, no finger-pointing,
[1:06:23]
plans to actually fund the section so we no longer have to
[1:06:25]
do this. Chairperson mendelson: noted.
[1:06:32]
thank you. Councilmember henderson: ok.
[1:06:38]
chairperson mendelson: councilmember felder.
[1:06:40]
>> no, that was frumin. Councilmember frumin: thank you
[1:06:48]
very much. People get confused all the
[1:06:49]
time. [laughter]
[1:06:52]
I just want to echo the comment councilmember henderson made.
[1:06:56]
the mayor talks about this is the sixth time we have done this
[1:07:00]
on emergency basis. I don't understand why that
[1:07:03]
would be. I don't want to do a seventh
[1:07:05]
time. I don't get it.
[1:07:08]
so hopefully we can figure this out and not have to do it a
[1:07:12]
second time. We can't rely on emergencies in
[1:07:17]
this kind of way. We should not rely on
[1:07:20]
emergencies in this kind of way. Let's sort it out.
[1:07:25]
chairperson mendelson: further discussion on the declaration?
[1:07:30]
on the declaration, 26-751, all those in favor, say aye.
[1:07:35]
are there any opposed? Hearing none, the ayes have it
[1:07:39]
unanimously. On the underlying bill,
[1:07:44]
councilmember allen. Councilmember allen: enthusiasm,
[1:07:47]
mr. Chair. Chairperson mendelson:
[1:07:48]
discussion? The vote will be on 26-712.
[1:07:52]
all those in favor, say aye. Are there any opposed?
[1:07:57]
hearing none, the ayes have it unanimously.
[1:08:02]
the next measure is the safety extension emergency declaration
[1:08:06]
resolution 2026. Councilmember henderson.
[1:08:09]
councilmember henderson: thank you, mr. Chairman.
[1:08:13]
speaking of many emergencies, this measure would once again
[1:08:16]
extend the emergency legislation that has been effect since
[1:08:19]
december 2024. That permits a retail
[1:08:22]
establishment with a valid on premises class c or class d
[1:08:25]
retailer license or restaurant location that operates 24 hours
[1:08:30]
a day or operates at 3:00 a.m. At least two days a week to
[1:08:35]
refuse cash as a form of payment.
[1:08:36]
in order to comply with this exemption, the establishment
[1:08:38]
must display written notice to the public that the cash
[1:08:45]
payments are not accepted on the door of the establishment or on
[1:08:48]
its menu. A permanent measure is under
[1:08:52]
consideration in the committee on public works and operations.
[1:08:54]
it had a hearing on june 9, 2025.
[1:08:58]
while I hope the permanent would have been passed by now, it will
[1:09:05]
not in time as the current temporary would expire while we
[1:09:11]
are on recess, so that is why I am moving this today.
[1:09:14]
so moved, mr. Chairman. Chairperson mendelson: thank
[1:09:19]
you. Discussion?
[1:09:20]
councilmember henderson, you said this was a successive
[1:09:24]
emergency? Councilmember henderson: not by
[1:09:27]
choice, but yes. Chairperson mendelson: I will
[1:09:31]
just note for the record you and I talked about this I think a
[1:09:36]
couple weeks ago. I have been voting against this
[1:09:41]
consistently so I will be voting against it today.
[1:09:44]
it has been approved consistently.
[1:09:46]
is there further discussion? On the declaration, 26-750,
[1:09:54]
all those in favor, say aye. Are there any opposed?
[1:09:57]
please record me as voting no. The ayes have it.
[1:10:03]
on 26-710, councilmember henderson.
[1:10:08]
councilmember henderson: so moved.
[1:10:09]
chairperson mendelson: discussion?
[1:10:12]
on the bill -- >> can I speak?
[1:10:27]
I can withdraw. Chairperson mendelson:
[1:10:29]
councilmember bonds. Councilmember bonds: I move to
[1:10:33]
withdraw and because the measure, the permanent measure
[1:10:36]
is potentially coming. And the maker of this temporary
[1:10:41]
bill determined that my amendment was not friendly.
[1:10:46]
so if it is not friendly, I will wait for the permanent measure.
[1:10:49]
chairperson mendelson: ok. If there is no further
[1:10:54]
discussion, the vote will be on 26-710.
[1:10:57]
all of those in favor, say aye. Are there any opposed?
[1:11:03]
please record me as voting no. The ayes have it.
[1:11:12]
we have temporary bills. If there is no objection, we
[1:11:19]
will move the first two in block.
[1:11:21]
that is bill 26-726. , perhaps of policing and
[1:11:31]
justice reform temporary act 2026, 26-713.
[1:11:35]
hearing no objection, they are before us in blocked.
[1:11:39]
I will say so moved. Any discussion on those two
[1:11:42]
temporaries? All those in favor, say aye.
[1:11:44]
are there any opposed? The ayes have it unanimously.
[1:11:50]
26-711, entertainment establishments safety extension.
[1:11:56]
councilmember henderson. So moved?
[1:12:00]
councilmember henderson: so moved.
[1:12:01]
chairperson mendelson: discussion on this bill?
[1:12:05]
all those in favor say aye. ,almost did not make it.
[1:12:14]
are there any opposed? Please record me as voting no.
[1:12:18]
the ayes have it. The next legislative meeting
[1:12:24]
will be an additional meeting on july 14.
[1:12:27]
the agenda says 12:00. That time may actually be
[1:12:30]
earlier. We are thinking about 10:00.
[1:12:34]
yes on the 14th. Oh, I'm sorry.
[1:12:39]
the seventh. Let me start over.
[1:12:44]
the next legislative meeting on the agenda is july 14.
[1:12:48]
it is an additional meeting scheduled to start at noon.
[1:12:51]
they will in fact be a legislative meeting on july 7
[1:12:55]
where we are going to take up the budget support act.
[1:12:58]
and that will probably start at 10:00.
[1:13:02]
there being no further business, the time is 2:42 in the
[1:13:07]
afternoon, and this meeting is adjourned.