5682859 Resolution 21-212, Sale of Synthetic Drugs Congressional Review Emergency Declaration Resolution of 2015

A RESOLUTION

 

21-212     

 

                              IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

September 22, 2015

 

 

To declare the existence of an emergency, due to congressional review, with respect to the need to amend section 47-2844 of the District of Columbia Official Code to enable the Mayor to suspend or revoke the business license of any business engaged in the buying or selling of a synthetic drug and to enable the Chief of Police to seal a business licensee’s premises for up to 96 hours for the buying or selling of a synthetic drug; and to amend the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 to designate the sale of a synthetic drug as a per se imminent danger to the health or safety of District residents and provide for an administrative hearing after the sealing of a business licensee’s premises.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Sale of Synthetic Drugs Congressional Review Emergency Declaration Resolution of 2015.”

 

            Sec. 2. (a) There is an immediate need to amend section 47-2844 of the District of Columbia Official Code to enable the Mayor to suspend or revoke the business license of any business engaged in the buying or selling of a synthetic drug and to enable the Chief of Police to seal a business licensee’s premises for up to 96 hours for the buying or selling of a synthetic drug; and to amend the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 to designate the sale of a synthetic drug as a per se imminent danger to the health or safety of District residents and provide for an administrative hearing after the sealing of a business licensee’s premises.

(b) This bill is necessary to prevent a gap in the law as the emergency legislation, the Sale of Synthetic Drugs Emergency Amendment Act of 2015, effective July 10, 2015 (D.C. Act 21-0100; 62 DCR 9689), expires on October 8, 2015.

(c) Temporary legislation, the Sale of Synthetic Drugs Temporary Amendment Act of 2015, enacted on July 31, 2015 (D.C. Act 21-0146; 62 DCR 10898), was transmitted to Congress for the 30-day review period required by section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).

(d) The temporary legislation may not become law until after the expiration of the emergency legislation; therefore, a congressional review emergency is needed to prevent a gap in the law.

(e) The Committee on the Judiciary held a hearing on the permanent legislation, the Sale of Synthetic Drugs Amendment Act of 2015, as introduced on June 18, 2015 (Bill 21-0261), on September 16, 2015.

 

Sec. 3. The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Sale of Synthetic Drugs Congressional Review Emergency Amendment Act of 2015 be adopted after a single reading.

 

Sec. 4. This resolution shall take effect immediately.