DC_CODE_Title 1.xml

<?xml version="1.0" encoding="utf-8"?>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The District of Columbia is that portion of the territory of the United States ceded by the State of Maryland for the permanent seat of government of the United States, including the river Potomac in its course through the District, and the islands therein.

CREDIT(S)

(R.S., D.C., § 1; June 11, 1878, 20 Stat. 102, ch. 180, § 1.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-101.

1973 Ed., § 1-101.

Miscellaneous Notes

Organic Act of 1878: See Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1.

Boundary line between District of Columbia and Commonwealth of Virginia established: See Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1.

DC CODE § 1-101

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The District is created a government by the name of the "District of Columbia," by which name it is constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the United States and the provisions of this Code.

CREDIT(S)

(R.S., D.C., § 2; June 11, 1878, 20 Stat. 102, ch. 180, § 1.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-102.

1973 Ed., § 1-102.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Miscellaneous Notes

Organic Act of 1878: See Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1.

DC CODE § 1-102

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Mayor of the District of Columbia and the members of the Council of the District of Columbia shall be deemed and taken as officers of such corporation.

CREDIT(S)

(June 11, 1878, 20 Stat. 102, ch. 180, § 1; 1967 Reorg. Plan No. 3, § 405, 81 Stat. 978.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-103.

1973 Ed., § 1-103.

Change in Government

This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 405 of Reorganization Plan No. 3 of 1967 transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Miscellaneous Notes

Organic Act of 1878: See Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1.

DC CODE § 1-103

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The District of Columbia is the successor of the corporations of Washington and Georgetown, and all the property of said corporations, and of the County of Washington, is vested in the District of Columbia.

CREDIT(S)

(R.S., D.C., § 96.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-104.

1973 Ed., § 1-104.

DC CODE § 1-104

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The corporation of the District of Columbia is continued for all the purposes of this section and other acts, for the collection of taxes, for suing and being sued, for causes arising prior to June 20, 1874, and for acquiring and holding real estate for school and municipal purposes.

CREDIT(S)

(Mar. 3, 1877, 19 Stat. 402, ch. 117, § 15.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-105.

1973 Ed., § 1-105.

DC CODE § 1-105

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


All records, books, files, maps, plats, surveys, drawings, writings, and other papers, of the late corporations of Washington and Georgetown, or of the levy court of the District of Columbia, or made by persons in the employment or service of either of them, or of the District of Columbia, in the course of such employment or service, or which shall be so made after February 4, 1878, are, and shall be, the property of the District of Columbia.

CREDIT(S)

(Feb. 4, 1878, 20 Stat. 23, ch. 12, § 3.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-106.

1973 Ed., § 1-106.

DC CODE § 1-106

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


That portion of the District included within the limits of the City of Washington, as the same existed on the 21st day of February, 1871, and all that part of the District of Columbia embraced within the bounds and constituting on February 11, 1895, the City of Georgetown (as referred to in the Acts of Congress approved February 21, 1871, 16 Stat. 419, ch. 62, and June 20, 1874, 18 Stat. 116, ch. 337) shall be known as and shall constitute the City of Washington, the federal capital; and all general laws, ordinances, and regulations of the City of Washington are extended and made applicable to that part of the District of Columbia formerly known as the City of Georgetown. The title and existence of said Georgetown as a separate and independent city by law is abolished. Nothing in this section shall operate to affect or repeal existing law making Georgetown a port of entry, except as to its name.

CREDIT(S)

(R.S., D.C., § 94; Feb. 11, 1895, 28 Stat. 650, ch. 79.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-107.

1973 Ed., § 1-107.

DC CODE § 1-107

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


That portion of the District of Columbia prior to April 22, 1886, known and designated as Uniontown, shall be known and designated as Anacostia.

CREDIT(S)

(Apr. 22, 1886, 24 Stat. 14, ch. 58.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-108.

1973 Ed., § 1-108.

DC CODE § 1-108

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Establishment.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 District of Columbia. -- The District of Columbia shall defend any civil action or proceeding pending on August 5, 1997 in any court or other official municipal, state, or federal forum against the District of Columbia or its officers, employees, or agents, and shall assume any liability resulting from such an action or proceeding.
</section>
<section prefix="b">
 State Justice Institute. -- The State Justice Institute shall not be liable for damages or equitable relief on the basis of the activities or operations of any federal or District of Columbia agency which receives funds through the State Justice Institute pursuant to this title.
</section>
<section prefix="c">
 United States. -- The United States, its officers, employees, and agents, and its agencies shall not:
</section>
<section prefix="1">
 Be responsible for the payment of any judgments, liabilities or costs resulting from any action or proceeding against the District of Columbia or its agencies, officers, employees, or agents;
</section>
<section prefix="2">
 Be subject to liability in any case on the basis of the activities of the District of Columbia or its agencies, officers, employees, or agents; or
</section>
<section prefix="3">
 Be subject to liability in any case under section 1979 of the Revised Statutes (42 U.S.C. 1983).
</section>
<section prefix="d">
 Limitations. -- Nothing in this section shall be construed as a waiver of sovereign immunity, or as limiting any other defense or immunity that would otherwise be available to the United States, the District of Columbia, their agencies, officers, employees, or agents.
CREDIT(S)

(Aug. 5, 1997, 111 Stat. 786, Pub. L. 105-33, § 11723.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-109.

Effective Dates

Section 11721 of Title XI of Pub. L. 105-33, 111 Stat. 786, the National Capital Revitalization and Self-Government Improvement Act of 1997, provided that except as otherwise provided in this title, the provisions of this title shall take effect on the later of October 1, 1997, or the day the District of Columbia Financial Responsibility and Management Assistance Authority certifies that the financial plan and budget for the District government for fiscal year 1998 meet the requirements of section 201(c)(1) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, as amended by this title.

References in Text

"This title", referred to in subsection (b) of this section, is Title XI of Public Law 105-33.

DC CODE § 1-109

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The purpose of this initiative is to propose to the registered qualified electors of the District of Columbia the question of calling a statehood constitutional convention for the purpose of forming a constitution and otherwise providing a process for a major portion of the territory now known as the District of Columbia to be admitted in the Union as a state on equal footing with the other states. The acts of the convention shall be submitted for ratification by the people, as provided for in this initiative.

CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 2, 27 DCR 4732; Oct. 8, 1981, D.C. Law 4-35, § 2(a), 28 DCR 3376.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-111.

Legislative History of Laws

Law 3-171 was submitted to the electors of the District of Columbia on November 4, 1980, as Initiative No. 3. The results of the voting, certified by the Board of Election and Ethics on November 21, 1980, were 90,533 for the Initiative and 60,972 against the Initiative. It was transmitted to both Houses of Congress for its review on January 19, 1981.

Law 4-35 was introduced in Council and assigned Bill No. 4-229, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 16, 1981 and June 30, 1981, respectively. Signed by the Mayor on July 20, 1981, it was assigned Act No. 4-62 and transmitted to both Houses of Congress for its review.

Miscellaneous Notes

Constitution approved: The Constitution developed by the Statehood Constitutional Convention, entitled the "Constitution of the State of New Columbia", was submitted to the electors of the District of Columbia for ratification on November 2, 1982. The results of the voting, certified by the Board of Elections and Ethics on November 10, 1982, were 61,405 for the Constitution and 54,964 against the Constitution.

DC CODE § 1-121

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


For the purpose of this initiative, the District of Columbia Board of Elections is authorized and directed to conduct at the next scheduled general, special, or primary election held after March 10, 1981, an election to fill the positions of delegate at-large and ward delegate to the constitutional convention, as prescribed in § 1-124.

CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 3, 27 DCR 4732; Oct. 8, 1981, D.C. Law 4-35, § 2(b), 28 DCR 3376; Apr. 27, 2012, D.C. Law 19-124, § 501(k)(1), 59 DCR 1862.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-112.

Effect of Amendments

D.C. Law 19-124 substituted "District of Columbia Board of Elections" for "District of Columbia Board of Elections and Ethics".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 401(k)(1) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Legislative History of Laws

For legislative history of D.C. Law 3-171, see Historical and Statutory Notes following § 1-121.

For legislative history of D.C. Law 4-35, see Historical and Statutory Notes following § 1-121.

Law 19-124, the "Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011", was introduced in Council and assigned Bill No. 19-511, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on December 6, 2011, and December 20, 2011, respectively. Signed by the Mayor on February 27, 2012, it was assigned Act No. 19-318 and transmitted to both Houses of Congress for its review. D.C. Law 19-124 became effective on April 27, 2012.

DC CODE § 1-122

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Within 60 days after the Board of Elections has certified the election of at-large and ward delegates to the constitutional convention pursuant to § 1-124, the Mayor of the District of Columbia shall call a constitutional convention and assemble the elected delegates. The convention shall write a constitution within 90 days which shall be republican in form and shall not be repugnant to the Constitution or laws of the United States, and it shall otherwise prepare for the admission of a major portion of the territory now known as the District of Columbia as a state.
</section>
<section prefix="b">
 The proposed Constitution for the State of New Columbia, approved by Congress June 24, 1987, is amended to read as set forth in Volume 1 of the District of Columbia Code.
</section>
<section prefix="c">
 If a majority of the registered qualified electors voting reject the constitution, the Mayor shall within 60 calendar days call for the reassembly of the constitutional convention and thereafter a new constitution shall be framed and the same proceedings shall be taken for its submission to the electors of the District of Columbia: Except, that if the proposed constitution of a second constitutional convention is rejected by the registered qualified electors, then the task of writing a constitution acceptable to the electorate shall be abandoned until such time as a new constitutional convention is called for by either legislative action or voter initiative.
</section>
<section prefix="d">
(1) Following the approval of a proposed constitution by a majority of the electors voting thereon, there shall be held an election of candidates for the offices of Senator and Representative from the new state. Such election shall be partisan and shall be held at the next regularly scheduled primary and general elections following certification by the District of Columbia Board of Elections that the proposed constitution has been approved by a majority of the electors voting thereon. In the event that the proposed constitution is approved by the electors at the general election to be held in November, 1982, the primary and general elections authorized by this paragraph shall be held in September, 1990, and November, 1990, respectively.
</section>
<section prefix="2">
 The qualifications for candidates for the offices of Senator and Representative shall conform with the provisions of Article I of the United States Constitution and the primary and general elections shall follow the same electoral procedures as provided for candidates for nonvoting Delegate of the District of Columbia in the District of Columbia Election Code of 1955, subchapter I of Chapter 10 of this title. The term of the 1st Representative elected pursuant to this initiative shall begin on January 2, 1991, and shall expire on January 2, 1993. The terms of the 1st Senators elected pursuant to this initiative shall begin on January 2, 1991, and shall expire on January 2, 1997, and January 2, 1995, respectively. At the initial election, the candidate for Senator receiving the highest number of votes will receive the longer term and the candidate receiving the second highest number of votes will receive the shorter term. A primary and a general election to replace a Representative or a Senator whose term is about to expire shall be held in September and in November respectively, of the year preceding the year during which the term of the Representative or the Senator expires. Each Representative shall be elected for a 2-year term and each Senator shall be elected for a 6-year term as prescribed by the Constitution of the United States.
</section>
<section prefix="3">
 The District of Columbia Board of Elections shall:
</section>
<section prefix="A">
 Conduct elections to fill the positions of 2 United States Senators and 1 United States Representative; and
</section>
<section prefix="B">
 Issue such rules and expressly delegate authority to officials and employees of the District of Columbia Board of Elections (such delegation of authority only to be effective upon publication in the District of Columbia Register) as are necessary to carry out the purposes of this initiative, and related acts requiring implementation by the District of Columbia Board of Elections.
</section>
<section prefix="e">
 A Representative or Senator elected pursuant to this subchapter shall be a public official as defined in § 1-1162.24, and subscribe to the oath or affirmation of office provided for in § 1-604.08.
</section>
<section prefix="f">
 A Representative or Senator:
</section>
<section prefix="1">
 Shall inform the Congress and individual members of Congress that the District of Columbia residents meet the standards traditionally required by Congress for the admission of a United States territory as a state of the United States;
</section>
<section prefix="2">
 Shall monitor the progress of the petition for admission of New Columbia to statehood pending before the Congress and report on the progress to the District of Columbia residents;
</section>
<section prefix="3">
 May advise the District of Columbia on matters of public policy that bear on the achievement of statehood;
</section>
<section prefix="4">
 In accordance with subsection (g) of this section, may employ staff and expend funds donated by private sources for public purposes related to the achievement of statehood; and
</section>
<section prefix="5">
 Shall have any other powers or duties as may be provided by law.
</section>
<section prefix="g">
(1) A Representative or Senator may solicit and receive contributions to support the purposes and operations of the Representative's or Senator's public office. A Representative or Senator may accept services, monies, gifts, endowments, donations, or bequests. A Representative or Senator shall establish a District of Columbia statehood fund in 1 or more financial institutions in the District of Columbia. There shall be deposited in each fund any gift or contribution in whatever form, and any monies not included in annual Congressional appropriations. A Representative or Senator is authorized to administer the Representative's or Senator's respective fund in any manner the Representative or Senator deems wise and prudent, provided that the administration is lawful, in accordance with the fiduciary responsibilities of public office, and does not impose any financial burden on the District of Columbia.
</section>
<section prefix="2">
 Contributions may be expended for the salary, office, or other expenses necessary to support the purposes and operations of the public office of a Representative or Senator, however, each Representative or Senator shall receive compensation no greater than the compensation of the Chairman of the Council of the District of Columbia, as provided in §§ 1-204.03 and 1- 611.09.
</section>
<section prefix="3">
 Each Representative or Senator shall file with the Director of Campaign Finance a quarterly report of all contributions received and expenditures made in accordance with paragraph (1) of this subsection. No campaign activities related to election or re-election to the office of Representative or Senator shall be conducted nor shall expenditures for campaign literature or paraphernalia be authorized under paragraph (1) of this subsection.
</section>
<section prefix="4">
 The recordkeeping requirements of subchapter III of Chapter 11A of this title, shall apply to contributions and expenditures made under paragraph (1) of this subsection.
</section>
<section prefix="5">
 Upon expiration of a Representative's or Senator's term of office and where the Representative or Senator has not been re-elected, the Representative's or Senator's statehood fund, established in accordance with paragraph (1) of this subsection, shall be dissolved and any excess funds shall be used to retire the Representative's or Senator's debts for salary, office, or other expenses necessary to support the purposes and operation of the public office of the Representative or Senator. Any remaining funds shall be donated to an organization operating in the District of Columbia as a not-for-profit organization within the meaning of section 501(c) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. 501(c)).
</section>
<section prefix="h">
 A Representative or Senator elected pursuant to subsection (d) of this section, shall be subject to recall pursuant to § 1-1001.17, during the period of the Representative's or Senator's service prior to the admission of the proposed new state into the union.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 4, 27 DCR 4732; Oct. 8, 1981, D.C. Law 4-35, § 2(c), 28 DCR 3376; Aug. 14, 1982, D.C. Law 4-138, § 2, 29 DCR 2761; Aug. 2, 1983, D.C. Law 5-17, § 4, 30 DCR 3196; Aug. 10, 1984, D.C. Law 5-105, § 2, 31 DCR 3040; Apr. 23, 1985, D.C. Law 6-1, § 2, 32 DCR 1475; May 13, 1987, D.C. Law 7-2, § 2, 34 DCR 2153; June 24, 1987, D.C. Law 7-8, § 2, 34 DCR 3057; June 24, 1987, D.C. Law 7-10, § 2, 34 DCR 3286; June 8, 1990, D.C. Law 8-135, § 2, 37 DCR 2616; Apr. 27, 2012, D.C. Law 19-124, § 501(k)(2), 59 DCR 1862.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-113.

Effect of Amendments

D.C. Law 19-124, in subsecs. (a), (d)(1), and (d)(3), substituted "Board of Elections" for "Board of Elections and Ethics"; in subsec. (e), substituted "§ 1-1162.24" for "§ 1-1106.02(a)"; and, in subsec. (g)(4), substituted "subchapter III of Chapter 11A of this title" for "subchapter I of Chapter 11 of this title".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 401(k)(2) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Legislative History of Laws

For legislative history of D.C. Law 3-171, see Historical and Statutory Notes following § 1-121.

For legislative history of D.C. Law 4-35, see Historical and Statutory Notes following § 1-121.

For legislative history of D.C. Law 4-138, see Historical and Statutory Notes following § 1-135.

Law 5-17 was introduced in Council and assigned Bill No. 5-11, which was referred to the Committee on Government Operations. The Bill was adopted on first, amended first and second readings on April 26, 1983, May 10, 1983 and May 24, 1983, respectively. Signed by the Mayor on June 9, 1983, it was assigned Act No. 5-34 and transmitted to both Houses of Congress for its review.

Law 5-105 was introduced in Council and assigned Bill No. 5-414. The Bill was adopted on first and second readings on April 30, 1984 and May 15, 1984, respectively. Signed by the Mayor on June 6, 1984, it was assigned Act No. 5- 146 and transmitted to both Houses of Congress for review.

Law 6-1 was introduced in Council and assigned Bill No. 6-59, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on January 29, 1985 and February 12, 1985, respectively. Signed by the Mayor on February 28, 1985, it was assigned Act No. 6-11 and transmitted to both Houses of Congress for its review.

Law 7-2 was introduced in Council and assigned Bill No. 7-126. The Bill was adopted on first and second readings on February 17, 1987 and March 3, 1987, respectively. Signed by the Mayor on March 19, 1987, it was assigned Act No. 7-6 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 7-8, see Historical and Statutory Notes following § 1-132.

Law 7-10 was introduced in Council and assigned Bill No. 7-134, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 31, 1987 and April 14, 1987, respectively. Signed by the Mayor on May 6, 1987, it was assigned Act No. 7-21 and transmitted to both Houses of Congress for its review.

For legislative history of D.C. Law 8-135, see Historical and Statutory Notes following § 1-131.

For history of Law 19-124, see notes under § 1-122.

Miscellaneous Notes

Restriction on use of funds: Section 128 of Pub. L. 104-194, 110 Stat. 2368, the District of Columbia Appropriations Act, 1997, provided that none of the funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under subsection (d) of this section.

Amendment of proposed Constitution: For text of proposed Constitution for the State of New Columbia as amended by D.C. Law 7-8, see Volume 1.

DC CODE § 1-123

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The constitutional convention authorized by this initiative shall consist of 45 delegates selected in the following manner: Five delegates elected at large; and 5 delegates elected from each of the 8 election wards.
</section>
<section prefix="b">
 Candidates for at-large delegates shall file with the Board of Elections a nominating petition signed by at least 200 of the registered qualified electors of the District of Columbia such that there will be at least 25 certified signatures from each of the 8 election wards. The 5 candidates for at-large delegate who receive the highest number of votes shall be declared elected and shall serve for 3-year terms.
</section>
<section prefix="c">
 Candidates for the ward delegate positions shall file with the Board of Elections a nominating petition signed by at least 50 of the registered qualified electors from the election ward from which the candidate seeks nomination. The 5 candidates from each of the 8 election wards receiving the highest number of votes shall be declared elected to represent that ward and shall serve for 3-year terms.
</section>
<section prefix="d">
 Each of the elected delegates, as authorized by subsection (a) of this section, shall be entitled to receive $30 per diem when engaged in the performance of the duties of the constitutional convention.
</section>
<section prefix="e">
(1) Except as they may be modified by this section, the election procedures prescribed by subchapter I of Chapter 10 of this title and subchapter III of Chapter 11A of this title for at-large and ward candidates for the Board of Education shall be applicable in respect to at-large and ward candidates for delegate to the constitutional convention.
</section>
<section prefix="2">
 Each candidate for delegate and each delegate to the constitutional convention shall be a registered qualified voting resident of the District of Columbia and the discontinuance of such residence shall result in forfeiture of the convention seat occupied by such delegate. Each candidate for delegate and each delegate representing a ward shall be a registered qualified voting resident of that ward and the discontinuance of such residence in that ward shall result in forfeiture of the convention seat occupied by such ward delegate. No ward delegate shall forfeit his or her seat solely by reason of a change in ward boundaries.
</section>
<section prefix="3">
 A vacancy in the convention arising from any cause shall be filled temporarily by the convention and such temporary appointee may serve for the remainder of the 3-year term or until such earlier time as the seat has been filled by an election which shall be held by the Board of Elections in accordance with its regulations concurrently with the earliest practicable special, primary, or general election being held to fill 1 or more offices other than that of convention delegate.
</section>
<section prefix="f">
 The District of Columbia government shall furnish such space in public buildings for the constitutional convention as is necessary to accommodate public attendance at convention hearings, meetings, and sessions, and shall provide all records and services as may be required by the constitutional convention for carrying out its function.
</section>
<section prefix="g">
 There is hereby authorized an appropriation from the General Fund of the District of Columbia a sum not in excess of $400,000 to the constitutional convention for such expenses as it may have in carrying out its duties and responsibilities under this initiative.
</section>
<section prefix="h">
 There is hereby authorized an appropriation from the General Fund of the District of Columbia a sum not in excess of $50,000 to the Board of Elections for the administration of the elections authorized in §§ 1-122 and 1- 123(b), and in otherwise carrying out the provisions of this initiative.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 5, 27 DCR 4732; Oct. 8, 1981, D.C. Law 4-35, § 2(d), 28 DCR 3376; Nov. 17, 1981, D.C. Law 4-52, § 3(a), 28 DCR 4348; Apr. 27, 2012, D.C. Law 19-124, § 501(k)(3), 59 DCR 1862.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-114.

Effect of Amendments

D.C. Law 19-124, in subsecs. (b), (c), (e)(3), and (h), substituted "Board of Elections" for "Board of Elections and Ethics"; and, in subsec. (e)(1), substituted "subchapter III of Chapter 11A of this title" for "subchapter I of Chapter 11 of this title".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 401(k)(3) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Legislative History of Laws

For legislative history of D.C. Law 3-171, see Historical and Statutory Notes following § 1-121.

For legislative history of D.C. Law 4-35, see Historical and Statutory Notes following § 1-121.

Law 4-52 was introduced in Council and assigned Bill No. 4-270, which was referred to the Committee on Human Services. The Bill was adopted on first and second readings on July 28, 1981 and September 15, 1981, respectively. Signed by the Mayor on September 25, 1981, it was assigned Act No. 4-89 and transmitted to both Houses of Congress for its review.

For history of Law 19-124, see notes under § 1-122.

DC CODE § 1-124

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Statehood Commission shall consist of 27 voting members appointed in the following manner:
</section>
<section prefix="1">
 The Mayor of the District of Columbia shall appoint 2 members;
</section>
<section prefix="2">
 The Chairman of the Council of the District of Columbia shall appoint 2 members;
</section>
<section prefix="3">
 The at-large members of the Council shall each appoint 1 member;
</section>
<section prefix="4">
 The ward members of the Council shall each appoint 2 members from their respective wards;
</section>
<section prefix="5">
 The United States Senators shall each appoint 1 member;
</section>
<section prefix="6">
 The United States Representative shall appoint 1 member; and
</section>
<section prefix="7">
 The Mayor, the Chairman of the Council, and the Councilmember whose purview the Statehood Commission comes within shall be non-voting members of the Commission.
(a-1)(1) Notwithstanding any other provision of law, members serving unexpired terms on August 26, 1994, may continue to serve until appointments or reappointments are confirmed. Appointments or reappointments shall be made immediately after August 26, 1994, in the following manner:

</section>
<section prefix="A">
 The Mayor shall appoint 1 member for a term of 4 years and 1 member for a term of 2 years.
</section>
<section prefix="B">
 The Chairman shall appoint 1 member for a term of 4 years and 1 member for a term of 2 years.
</section>
<section prefix="C">
 The 2 senior at-large members of the Council shall each appoint 1 member for a 4 year term.
</section>
<section prefix="D">
 The 2 remaining at-large members of the Council shall each appoint 1 member for a 2 year term.
</section>
<section prefix="E">
 The ward members of the Council shall each appoint 2 members from their respective wards in the following manner:
</section>
<section prefix="i">
 One member for a 4 year term; and
</section>
<section prefix="i">
 One member for a 2 year term.
</section>
<section prefix="F">
 The senior United States Senator shall appoint 1 member for a 4 year term.
</section>
<section prefix="G">
 The junior United States Senator shall appoint 1 member for a 2 year term.
</section>
<section prefix="H">
 The United States Representative shall appoint 1 member for a 2 year term.
</section>
<section prefix="2">
 All appointments or reappointments pursuant to subsection (a) of this section shall be for a term of 4 years.
</section>
<section prefix="3">
 A vacancy on the Commission shall be filled in the same manner that the original appointment was made.
</section>
<section prefix="4">
 A member of the Commission may continue to serve after the expiration of that member's term until a successor is appointed.
(a-2) All members of the Statehood Commission shall be residents of the District of Columbia.

(a-3) The chairman of the Statehood Commission shall be elected every 2 years, by the members of the commission.

</section>
<section prefix="b">
 It shall be the duty of the Statehood Commission to educate, advocate, promote, and advance the proposition of statehood for the District of Columbia within the District of Columbia and elsewhere.
</section>
<section prefix="c">
 Repealed.
</section>
<section prefix="d">
 The Commission shall meet at least once a month. All meetings of the Commission shall be open to the public.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 6, 27 DCR 4732; Oct. 8, 1981, D.C. Law 4-35, § 2(e), 28 DCR 3376; Aug. 26, 1994, D.C. Law 10-167, § 2(a), 41 DCR 4895; Sept. 26, 2012, D.C. Law 19-171, § 2, 59 DCR 6190.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-115.

Effect of Amendments

D.C. Law 19-171 redesignated subsec. (c-1) as subsec. (d).

Legislative History of Laws

For legislative history of D.C. Law 3-171, see Historical and Statutory Notes following § 1-121.

For legislative history of D.C. Law 4-35, see Historical and Statutory Notes following § 1-121.

Law 10-167, the "Statehood Commission Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-549, which was referred to the Committee on Self-Determination. The Bill was adopted on first and second readings on June 7, 1994, and June 21, 1994, respectively. Signed by the Mayor on July 8, 1994, it was assigned Act No. 10-280 and transmitted to both Houses of Congress for its review. D.C. Law 10-167 became effective on August 26, 1994.

Law 19-171, the "Technical Amendments Act of 2012", was introduced in Council and assigned Bill No. 19-397, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on March 20, 2012, and April 17, 2012, respectively. Signed by the Mayor on May 23, 2012, it was assigned Act No. 19-376 and transmitted to both Houses of Congress for its review. D.C. Law 19-171 became effective on September 26, 2012.

Miscellaneous Notes

Sources of funding appropriation: Section 101(d) of Pub. L. 99-591, the D.C. Appropriations Act, 1987, provided that the District of Columbia shall identify the sources of funding for admission to statehood from its own locally-generated revenues and provided further that no revenues from federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood Compact Commission.

Section 1(c) of Pub. L. 100-202, the District of Columbia Appropriations Act, 1988, provided that the District of Columbia shall identify the sources of funding for Admission to Statehood from its own locally-generated revenues and provided further that no revenues from Federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood Compact Commission.

DC CODE § 1-125

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Statehood Commission shall have the power to establish a commission to be known as the "Statehood Compact Commission", which shall consist of members of the Statehood Commission as may be deemed necessary by the Commission, as well as an equal number of members representing the federal government as may be authorized by the President or the Congress of the United States. The Mayor, Chairman, and the Councilmember whose purview the Statehood Commission comes within shall be members of the Compact Commission. The Mayor, Chairman, and Councilmember may each delegate an individual to act in their place.
</section>
<section prefix="b">
 It shall be the duty of the Statehood Compact Commission:
</section>
<section prefix="1">
 To conduct a full and complete study of the necessary and appropriate legislation and administrative action that must be taken in order to facilitate the transfer of authority and functions over that portion of the District of Columbia which will comprise the new state;
</section>
<section prefix="2">
 To give special consideration to the relationship that should be developed to secure and maintain any special federal interest in the new state; and
</section>
<section prefix="3">
 To submit to the constitutional convention full and detailed reports with findings and recommendations.
</section>
<section prefix="4">
 Repealed.
</section>
<section prefix="c">
 Repealed.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 7, 27 DCR 4732; Oct. 8, 1981, D.C. Law 4-35, § 2(f), 28 DCR 3376; Aug. 26, 1994, D.C. Law 10-167, § 2(b), 41 DCR 4895; Apr. 9, 1997, D.C. Law 11-255, § 2, 44 DCR 1271.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-116.

Legislative History of Laws

For legislative history of D.C. Law 3-171, see Historical and Statutory Notes following § 1-121.

For legislative history of D.C. Law 4-35, see Historical and Statutory Notes following § 1-121.

For legislative history of D.C. Law 10-167, see Historical and Statutory Notes following § 1-125.

Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.

Miscellaneous Notes

Sources of funding appropriation: Section 101(d) of Pub. L. 99-591, the D.C. Appropriations Act, 1987, provided that the District of Columbia shall identify the sources of funding for admission to statehood from its own locally-generated revenues and provided further that no revenues from federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood Compact Commission.

Section 1(c) of Pub. L. 100-202, the District of Columbia Appropriations Act, 1988, provided that the District of Columbia shall identify the sources of funding for Admission to Statehood from its own locally-generated revenues and provided further that no revenues from Federal sources shall be used to support the operations or activities of the Statehood Commission and Statehood Compact Commission.

DC CODE § 1-126

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


There is authorized to be appropriated from the General Fund of the District of Columbia an amount for the salaries and office expenses of the elected representatives to the Senate and House referred to in § 1-123(d) during the period of their service prior to the admission of the proposed new state into the union.

CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 8, 27 DCR 4732; Oct. 8, 1981, D.C. Law 4-35, § 2(g), 28 DCR 3376; Mar. 14, 1985, D.C. Law 5-159, § 19, 32 DCR 30.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-117.

Legislative History of Laws

For legislative history of D.C. Law 3-171, see Historical and Statutory Notes following § 1-121.

For legislative history of D.C. Law 4-35, see Historical and Statutory Notes following § 1-121.

Law 5-159 was introduced in Council and assigned Bill No. 5-540, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 20, 1984 and December 4, 1984, respectively. Signed by the Mayor on December 10, 1984, it was assigned Act No. 5-224 and transmitted to both Houses of Congress for its review.

DC CODE § 1-127

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


If any provisions or section of this measure, or the application thereof, shall in any circumstances be held invalid, such invalidity shall not affect the validity of the remainder of the provisions or applications.

CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 9, 27 DCR 4732.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-118.

Legislative History of Laws

For legislative history of D.C. Law 3-171, see Historical and Statutory Notes following § 1-121.

DC CODE § 1-128

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


For the purposes of this subpart, the term:

</section>
<section prefix="1">
 "Commission" means the District of Columbia Statehood Delegation Fund Commission.
</section>
<section prefix="2">
 "District of Columbia Statehood Delegation" means the 2 United States Senators and the United States Representative holding office pursuant to § 1-123.
</section>
<section prefix="3">
 "Fund" means the Statehood Delegation Fund established by § 1-129.08.
</section>
<section prefix="4">
 "Statehood Fund" means the fund established by each United States Senator and United States Representative pursuant to § 1-123(g), and overseen by the Office of Campaign Finance.
</section>
<section prefix="5">
 "United States Representative" means the District of Columbia public official elected pursuant to § 1-123 to the office of Representative, and charged with promoting statehood and voting rights for the citizens of the District of Columbia.
</section>
<section prefix="6">
 "United States Senator" means either of the 2 District of Columbia public officials elected pursuant to § 1-123 to the office of Senator, and charged with promoting statehood and voting rights for the citizens of the District of Columbia.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 11, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

Law 15-226, the "District of Columbia Statehood Delegation Fund Commission Establishment and Tax Check-Off Amendment Act of 2004", was introduced in Council and assigned Bill No. 15-575, which was referred to the Committee on Public Interest. The Bill was adopted on first and second readings on July 13, 2004, and October 5, 2004, respectively. Signed by the Mayor on November 1, 2004, it was assigned Act No. 15-565 and transmitted to both Houses of Congress for its review. D.C. Law 15-226 became effective on March 16, 2005.

DC CODE § 1-129.01

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The District of Columbia Statehood Delegation Fund Commission is established as a body corporate and an independent instrumentality of the District of Columbia, created to effectuate the public purposes provided for in this subpart, but with a legal existence separate from that of the District government.
</section>
<section prefix="b">
 The general purposes of the Commission are to:
</section>
<section prefix="1">
 Provide financial assistance to the office functions of the offices of the District of Columbia Statehood Delegation;
</section>
<section prefix="2">
 Solicit financial and in-kind contributions, grants, allocations, gifts, bequests, and appropriations from public and private sources on behalf of the District of Columbia Statehood Delegation; and
</section>
<section prefix="3">
 Disburse funds and other types of assistance collected by the Commission to the offices of the members of the District of Columbia Statehood Delegation.
</section>
<section prefix="c">
 The fiscal year of the Commission shall be the fiscal year of the District government.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 12, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.02

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Commission shall consist of 9 voting members to be appointed as follows:
</section>
<section prefix="1">
 Five members appointed by the Mayor;
</section>
<section prefix="2">
 Four members appointed by the Chairman of the Council, with the advice and consent of the Council.
</section>
<section prefix="b">
(1) The Commission Chairman shall be chosen by the Mayor.
</section>
<section prefix="2">
 The Commission Vice Chairman shall be chosen by the Chairman of the Council.
</section>
<section prefix="3">
 The Commission shall elect from among its members such other officers of the Commission as it determines appropriate.
</section>
<section prefix="4">
 Officers shall have such duties, not inconsistent with this subpart, provided in the bylaws and as otherwise determined by the Commission.
</section>
<section prefix="c">
 Commissioners shall serve 3-year terms, except that the first members appointed by the Chairman of the Council shall serve 2-year terms. All subsequent appointees shall serve 3-year terms.
</section>
<section prefix="d">
 Commissioners shall meet the following requirements:
</section>
<section prefix="1">
 All shall reside in the District of Columbia;
</section>
<section prefix="2">
 None shall be employees of the District or federal governments; and
</section>
<section prefix="3">
 None shall concurrently:
</section>
<section prefix="A">
 Hold office as a member of the District of Columbia Statehood Delegation; or
</section>
<section prefix="B">
 Be employed by a member of the District of Columbia Statehood Delegation.
</section>
<section prefix="e">
 When deemed necessary, the Mayor may remove a Commission member, no matter how appointed, for inefficiency, neglect of duty, malfeasance in office, or conduct bringing disrespect to, or impugning the character or integrity of, the Commission.
</section>
<section prefix="f">
 A vacancy on the Commission shall be filled for the remainder of the unexpired term and in the same manner in which the original appointment was made.
</section>
<section prefix="g">
 Commission members may continue to serve after the expiration of their term until a successor is designated. The term of the successor shall be deemed to have commenced upon the expiration of the term of the previous member.
</section>
<section prefix="h">
 A majority of the number of Commission members serving shall constitute a quorum for the conduct of business.
</section>
<section prefix="i">
 As soon as practicable after appointment of a majority of its members, the Commission shall adopt bylaws, and may adopt guidelines, rules, and procedures for the governance of its affairs and the conduct of its business.
</section>
<section prefix="j">
 Commission members shall serve without compensation, but may receive travel, per diem, and other actual, reasonable, and necessary expenses incurred in the performance of their official duties as Commission members to the same extent as employees of the District government classified at a Grade 15, Step 1 of the District Service Salary Schedule for Nonunion Employees. In no event shall a Commission member receive more than $1,000 per year. Such reimbursement shall be paid from the Fund as described in § 1-129.08(d) and shall be reported in the semiannual report described in § 1-129.11.
</section>
<section prefix="k">
 The Commission may recruit honorary members based on criteria the Commission shall determine. The honorary members shall have no vote on the administration of the Fund or operation of the Commission.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 13, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.03

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Upon notice to the public, the Commission shall meet at a place in the District of Columbia open and accessible to the public at the times specified in the bylaws, which shall not be less than quarterly each year, and at other times at the call of the Chairman or as additionally provided in the bylaws. Notwithstanding any other District law or rule to the contrary, the Commission may meet by any electronic means; provided, that:
</section>
<section prefix="1">
 Each Commissioner may speak, hear, and be heard by the other Commission members; and
</section>
<section prefix="2">
 At least one Commission member is physically located in a site in the District of Columbia which is accessible and open to the public, and that reasonable steps have been taken to allow the public to hear the discussion and deliberation of the Commission.
</section>
<section prefix="b">
 All meetings of the Commission at which official action is to be taken shall be open to the public, as provided in § 1-207.42, except for any portion of a meeting when there is discussion of specific potential donors.
</section>
<section prefix="c">
 The books and records of the Commission shall be open to the public, as provided in subchapter II of Chapter 5 of Title 2, except that documents regarding specific potential donors shall not be available for public inspection or copying.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 14, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.04

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
(1) Chapter 6 of Title 1 shall not apply to employees of the Commission.
</section>
<section prefix="2">
 The Executive Director of the Commission shall be a District resident and shall remain a District resident for the duration of his or her employment by the Commission. Failure to maintain District residency shall result in a forfeiture of the position.
(a-1) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, each qualified District resident applicant shall receive an additional 10-point preference over a qualified non-District resident applicant for all positions within the Commission unless the applicant declines the preference. This 10- point preference shall be in addition to, and not instead of, qualifications established for the position. All persons hired after February 6, 2008, shall submit proof of residency upon employment in a manner determined by the Commission. An applicant claiming the hiring preference under this section shall agree in writing to maintain bona fide District residency for a period of 7 consecutive years from the effective date of hire and shall provide proof of bona fide residency annually to the director of personnel of the Commission for the first 7 years of employment. Failure to maintain District residency for the consecutive 7-year period shall result in forfeiture of employment.

</section>
<section prefix="b">
 The semiannual report described in § 1-129.11 shall describe the compensation structure and amount for any employees of the Commission, and a listing of the names of all new employees, their pay schedules, titles, and place of residence.
</section>
<section prefix="c">
 No political test or qualification shall be used in selecting, appointing, assigning, promoting, or taking other personnel actions with respect to employees of the Commission.
</section>
<section prefix="d">
 In carrying out its duties, the Commission may utilize contract services and, to the maximum extent possible, pro bono services; provided, that such services are itemized in the semiannual report of the Commission described in § 1-129.11.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 15, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539; Feb. 6, 2008, D.C. Law 17-108, § 201, 54 DCR 10993; Mar. 25, 2009, D.C. Law 17-353, § 223(b), 56 DCR 1117.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 17-108, in subsec. (a), inserted "provided, that the Executive Director of the Commission shall be a District resident and shall remain a District resident for the duration of his or her employment by the Commission.   Failure to maintain District residency shall result in a forfeiture of the position";  added subsec. (a-1);  and, in subsec. (b), inserted ", a listing of the names of all new employees, their pay schedules, titles, and place of residence".

D.C. Law 17-353 , in subsec. (a), designated pars. (1) and (2), substituted a period for "; provided that" at the end of par. (1); and, in subsec. (b), inserted "and" preceding "a listing".

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

Law 17-108, the "Jobs for D.C. Residents Amendment Act of 2007", was introduced in Council and assigned Bill No. 17-185 which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on July 10, 2007, and October 2, 2007, respectively. Signed by the Mayor on October 26, 2007, it was assigned Act No. 17-172 and transmitted to both Houses of Congress for its review. D.C. Law 17-108 became effective on February 6, 2008.

Law 17-353, the "Technical Amendments Act of 2008", was introduced in Council and assigned Bill No. 17-994 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 2, 2008, and December 16, 2008, respectively.   Signed by the Mayor on January 15, 2009, it was assigned Act No. 17-687 and transmitted to both Houses of Congress for its review.   D.C. Law 17-353 became effective on March 25, 2009.

DC CODE § 1-129.05

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Any legal action arising from the application of any rule or procedure adopted by or prescribed by, or with respect to any determination of, the Commission pursuant to this subpart shall be filed within 90 days after the date of the occurrence of the event that is the subject of the legal proceeding.
</section>
<section prefix="b">
 In any legal action arising from actions of the Commission, or from the Commission's failure to act, the Commission shall be represented by the Attorney General of the District of Columbia, or counsel of its choosing.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 16, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.06

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Commission and its income, property, transactions, and right to do business shall be exempt from any taxation, direct or indirect, within the District, including any sales, use, franchise, gross sales or receipts, income, personal property, transfer, or excise tax. Contributions to the Fund shall be tax deductible.

CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 17, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.07

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established a Statehood Delegation Fund, which shall be operated and maintained by the Commission in accordance with generally accepted accounting principles.
</section>
<section prefix="b">
 The Commission shall solicit contributions, appropriations, and grants to and for the benefit of the Fund from public and private sources.
</section>
<section prefix="c">
 Except as provided in § 1-129.12, all revenues, proceeds, and monies, from whatever source, collected or received by the Commission shall be credited to the Fund and shall not, at any time, be transferred to, lapse into, or be commingled with the General Fund of the District of Columbia, or any other funds or accounts of the District of Columbia.
</section>
<section prefix="d">
 The Commission shall pay its expenses from the Fund. Such expenses shall be for administrative purposes, for maintenance of its existence, preparation of reports pursuant to subsection (g) of this section and to § 1-129.11, and to raise funds; provided, that the Commission may not expend more than 25% of the Fund on an annual basis for its expenses.
</section>
<section prefix="e">
(1) Quarterly, equal disbursements shall be made from the Fund to the Statehood Fund of each member of the District of Columbia Statehood Delegation. The amount of each disbursement shall be reported in the semiannual report described in § 1-129.11.
</section>
<section prefix="2">
 Except as provided in subsection (f) of this section or in paragraph (3) of this subsection, each quarter, the 3 equal disbursements under subsection (a) of this section shall total an amount equal to the balance of the Fund after payment of expenses pursuant to subsection (d) of this section.
</section>
<section prefix="3">
 The Commission may disburse less than the full balance of the Fund, as provided in paragraph (2) of this subsection, if it determines, by a 2/3 vote of the Commission, that disbursing the full balance would be fiscally imprudent.
</section>
<section prefix="f">
 No disbursement shall be made under subsection (e) of this section to a member of the District of Columbia Statehood Delegation who is out of compliance with the filing and disclosure requirements of this subpart and applicable District or federal law, or who has used funds in violation of § 1-129.09, until such time as the violation has been corrected. In this instance, the 1/3 disbursement held back shall become part of the corpus from which the next quarterly disbursement, pursuant to subsection (e)(1) of this section shall be made.
</section>
<section prefix="g">
 The Commission shall transmit to the Mayor, the Council, and the Chief Financial Officer quarterly reports summarizing the revenues and expenditures of the Fund.
</section>
<section prefix="h">
 All revenues and expenses of the Fund shall be audited annually by the Chief Financial Officer, who shall transmit the audit to the Mayor and the Council. The expenses of the annual audit shall be defrayed by the Fund.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 18, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.08

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Except as provided in subsection (b) of this section, members of the District of Columbia Statehood Delegation may use funds provided by the Commission for any expense closely and directly related to the operation of their office.
</section>
<section prefix="b">
(1) Fund monies shall not be used by members of the District of Columbia Statehood Delegation for:
</section>
<section prefix="A">
 Campaign expenses related to any election, local or national;
</section>
<section prefix="B">
 Any contributions to any candidate for federal or non-federal office;
</section>
<section prefix="C">
 Any personal expenses, or travel expenses not closely and directly related to the office the member holds; or
</section>
<section prefix="D">
 Any personal salary, or stipend.
</section>
<section prefix="2">
 The prohibition in paragraph (1)(D) of this subsection shall not limit the ability of a member of the District of Columbia Statehood Delegation to pay salaries to employees other than the member, or to pay vendors providing services closely and directly related to the office the member holds.
</section>
<section prefix="c">
 Semiannually, each District of Columbia Statehood Delegation member shall provide the Commission with an accounting of the expenditures made with the money received from the Commission. The date by which the accounting is due shall be set by the Commission. The accounting shall be reported in the semiannual report described in § 1-129.11.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 19, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539; Apr. 7, 2006, D.C. Law 16-91, § 115, 52 DCR 10637.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 16-91, in the section name line, validated a previously made technical correction.

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

For Law 16-91, see notes following § 1-301.45.

DC CODE § 1-129.09

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Commission shall not expend funds:

</section>
<section prefix="1">
 To influence legislation, other than in connection with testimony by a Commission member, officer, or employee of the Commission before a committee of the Congress or the Council, or in response to a written request from a member of Congress or the Council;
</section>
<section prefix="2">
 To influence the outcome of any election, national or local;
</section>
<section prefix="3">
 To political parties; or
</section>
<section prefix="4">
 To other organizations of any kind to support the lobbying efforts of any group or organization.
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 20, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.10

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Semiannually, the Commission shall submit to the Mayor, the Chairman of the Council, and the Chairman of the District of Columbia Board of Election and Ethics, a detailed written report of its activities, revenues, and expenditures (including the full name, home address, occupation, employer, and amount of each contributor of each financial contribution, and the source, value, and form of each other gift, grant, bequest, or appropriation to the Fund), other information required by this subpart, and any other information deemed appropriate by the Commission. The Commission shall make each report available to the general public upon request.

CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 21, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.11

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Constitutional Convention Initiative.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Upon dissolution of the Commission, title to real and personal property of the Commission shall vest in the District. No property, assets, or earnings of the Commission shall at any time inure to any private person or entity.
</section>
<section prefix="b">
 The Commission may be dissolved by a vote of a majority of the Commission and approval by act of the Council; provided, that adequate provision has been made for all debts and obligations of the Commission.".
CREDIT(S)

(Mar. 10, 1981, D.C. Law 3-171, § 22, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 15-226, see notes following § 1-129.01.

DC CODE § 1-129.12

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Honoraria Limitations.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Notwithstanding the provisions of § 1-135, the honoraria limitations imposed by part H of subchapter I of Chapter 11 of this title shall apply to a Senator or Representative elected pursuant to § 1-123(d)(1), only if the salary of the Senator or Representative is supported by public revenues.

CREDIT(S)

(June 8, 1990, D.C. Law 8-135, § 4, 37 DCR 2616.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-113a.

Legislative History of Laws

Law 8-135 was introduced in Council and assigned Bill No. 8-488, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on February 27, 1990 and March 27, 1990, respectively. Signed by the Mayor on April 13, 1990, it was assigned Act No. 8-191 and transmitted to both Houses of Congress for its review.

DC CODE § 1-131

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Honoraria Limitations.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


No proposed Constitution for the State of New Columbia shall take effect as the Constitution of the State of New Columbia until approved by the Congress of the United States and ratified in a referendum by a majority of the registered qualified electors of the District of Columbia voting thereon.

CREDIT(S)

(June 24, 1987, D.C. Law 7-8, § 3, 34 DCR 3057.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-113.1.

Legislative History of Laws

Law 7-8, the "Constitution for the State of New Columbia Approval Act of 1987," was introduced in Council and assigned Bill No. 7-154, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 14, 1987 and May 5, 1987, respectively. Signed by the Mayor on May 6, 1987, it was assigned Act No. 7-19 and transmitted to both Houses of Congress for its review.

DC CODE § 1-132

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Campaign Finance Reform.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


All provisions of the District of Columbia Campaign Finance Reform and Conflict of Interest Act, subchapter III of Chapter 11A of this title, which apply to the election of and service of the Mayor of the District of Columbia shall apply to persons who are candidates or elected to serve as United States Senators and United States Representative pursuant to this initiative.

CREDIT(S)

(Aug. 14, 1982, D.C. Law 4-138, § 3, 29 DCR 2761; Apr. 27, 2012, D.C. Law 19-124, § 501(m), 59 DCR 1862.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-119.

Effect of Amendments

D.C. Law 19-124 substituted "subchapter III of Chapter 11A of this title" for "subchapter I of Chapter 11 of this title".

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 401(m) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Legislative History of Laws

Law 4-138, the "Statehood Convention Procedural Amendments Act of 1982," was introduced in Council and assigned Bill No. 4-450, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 25, 1982 and June 8, 1982, respectively. Signed by the Mayor on June 21, 1982, it was assigned Act No. 4-204 and transmitted to both Houses of Congress for its review.

For history of Law 19-124, see notes under § 1-122.

Miscellaneous Notes

Expiration of Law 4-138: Section 4 of D.C. Law 4-138 provided that the provisions of § 1-119 [§ 1-135, 2001 Ed.] shall expire 30 days after the date that the provisions of the Federal Election Campaign Act of 1971 (2 U.S.C. § 431 et seq.) are determined by appropriate federal authorities to apply to the Senators and Representative from the District of Columbia.

DC CODE § 1-135

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">51st State Commission. [Not Funded]</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


CREDIT(S)

(Mar. 23, 2010, D.C. Law 18-127, § 2, 57 DCR 1183.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

Law 18-127, the "51st State Commission Establishment Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-177, which was referred to the Committee on Aging and Community Affairs. The bill was adopted on first and second readings on December 15, 2009, and January 5, 2010, respectively. Signed by the Mayor on January 25, 2010, it was assigned Act No. 18-289 and transmitted to both Houses of Congress for its review. D.C. Law 18-127 became effective on March 23, 2010.

Miscellaneous Notes

Section 4 of D.C. Law 18-127 provides that this act shall apply upon inclusion of its fiscal effect in an approved budget and financial plan.

The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 18-127 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-127, are not in effect.

DC CODE § 1-136.01

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">51st State Commission. [Not Funded]</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


CREDIT(S)

(Mar. 23, 2010, D.C. Law 18-127, § 3, 57 DCR 1183.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For Law 18-127, see notes following § 1-136.01.

Miscellaneous Notes

Section 4 of D.C. Law 18-127 provides that this act shall apply upon inclusion of its fiscal effect in an approved budget and financial plan.

The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 18-127 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-127, are not in effect.

DC CODE § 1-136.02

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">51st State Commission. [Not Funded]</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


CREDIT(S)

(Mar. 23, 2010, D.C. Law 18-127, § 4, 57 DCR 1183.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Emergency Act Amendments

For temporary (90 day) addition of sections, see §§ 1081 to 1089 of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) addition of sections, see §§ 1081 to 1089 of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19- 413, July 25, 2012, 59 DCR 9290).

Legislative History of Laws

For Law 18-127, see notes following § 1-136.01.

Miscellaneous Notes

Section 4 of D.C. Law 18-127 provides that this act shall apply upon inclusion of its fiscal effect in an approved budget and financial plan.

The Budget Director of the Council of the District of Columbia has determined, as of February 15, 2012, that the fiscal effect of Law 18-127 has not been included in an approved budget and financial plan. Therefore, the provisions of this section, enacted by Law 18-127, are not in effect.

DC CODE § 1-136.03

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Home Rule Act 40th Anniversary Celebration and Commemoration.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


For the purposes of this part, the term:

</section>
<section prefix="1">
 "Commission" means the Home Rule Act 40th Anniversary Celebration and Commemoration Commission established in § 1-137.02.
</section>
<section prefix="2">
 "Fund" means the Home Rule 40th Anniversary Celebration and Commemoration Fund established in § 1-137.04.
</section>
<section prefix="3">
 "Home Rule Act" means Chapter 2 of this title.
CREDIT(S)

(Sept. 20, 2012, D.C. Law 19-168, § 1082, 59 DCR 8025.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

Law 19-168, the "Fiscal Year 2013 Budget Support Act of 2012", was introduced in Council and assigned Bill No. 19-743, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 15, 2012, and June 5, 2012, respectively. Signed by the Mayor on June 22, 2012, it was assigned Act No. 19-385 and transmitted to both Houses of Congress for its review. D.C. Law 19-168 became effective on September 20, 2012.

Miscellaneous Notes

Short title: Section 1081 of D.C. Law 19-168 provided that subtitle H of title I of the act may be cited as "Home Rule Act 40th Anniversary Celebration and Commemoration Act of 2012".

DC CODE § 1-137.01

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Home Rule Act 40th Anniversary Celebration and Commemoration.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established a Home Rule 40th Anniversary Celebration and Commemoration Commission. The purpose of the Commission shall be to coordinate, plan, and promote events related to the 40th anniversary of the adoption of the Home Rule Act, and to administer the Fund.
</section>
<section prefix="b">
 The Commission shall be composed of 5 members, as follows:.
</section>
<section prefix="1">
 One Chairperson, appointed by the Mayor;
</section>
<section prefix="2">
 Two members appointed by the Mayor; and
</section>
<section prefix="3">
 Two members appointed by the Chairman of the Council.
</section>
<section prefix="c">
 The members of the Commission shall serve until the sunset of this part.
</section>
<section prefix="d">
 A vacancy in the Commission resulting from the death or resignation of a member shall not affect its powers and shall be filled in the same manner in which the original appointment was made.
</section>
<section prefix="e">
 Each member of the Commission shall serve without compensation; provided, that each member may be reimbursed for actual expenses pursuant to § 1- 611.08.
</section>
<section prefix="f">
 A majority of the members of the Commission shall constitute a quorum to conduct business.
CREDIT(S)

(Sept. 20, 2012, D.C. Law 19-168, § 1083, 59 DCR 8025.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-168, see notes under § 1-137.01.

DC CODE § 1-137.02

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Home Rule Act 40th Anniversary Celebration and Commemoration.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Commission shall appoint staff as needed who shall be paid from the Fund.
</section>
<section prefix="b">
 Upon request of the Commission, the Mayor may detail staff, at no cost to the Commission, at any time to assist the Commission in carrying out its duties.
CREDIT(S)

(Sept. 20, 2012, D.C. Law 19-168, § 1084, 59 DCR 8025.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-168, see notes under § 1-137.01.

DC CODE § 1-137.03

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Home Rule Act 40th Anniversary Celebration and Commemoration.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established as a nonlapsing fund the Home Rule Act 40th Anniversary Celebration and Commemoration Fund, which shall be administered by the Commission, to be used for the purposes set forth in subsection (c) of this section.
</section>
<section prefix="b">
(1) Deposits into the Fund shall include:
</section>
<section prefix="A">
 Federal funds, if any;
</section>
<section prefix="B">
 Gifts, grants, and donations; and
</section>
<section prefix="C">
 Proceeds from the sale of memorabilia and information related to the 40th anniversary of the adoption of the Home Rule Act.
</section>
<section prefix="2">
 All funds deposited into the Fund, and any interest earned on those funds, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time, but shall be continually available for the uses and purposes set forth in subsection (c) of this section without regard to fiscal year limitation, subject to authorization by Congress.
</section>
<section prefix="c">
 The Commission may expend monies in the Fund to celebrate and commemorate the 40th anniversary of the adoption of the Home Rule Act, including:
</section>
<section prefix="1">
 Planning, developing, and executing appropriate programs and activities;
</section>
<section prefix="2">
 Purchasing and selling merchandise related to the Home Rule Act, such as:
</section>
<section prefix="A">
 Books;
</section>
<section prefix="B">
 Pamphlets;
</section>
<section prefix="C">
 Memorabilia; or
</section>
<section prefix="D">
 Other material;
</section>
<section prefix="3">
 Identifying appropriate displays and activities to showcase the history of home rule and the quest by residents and officials instrumental in the passage of the Home Rule Act to gain self-determination for the District of Columbia;
</section>
<section prefix="4">
 Identifying possible amendments to the Home Rule Act;
</section>
<section prefix="5">
 Outlining programs to involve the public in learning more about the Home Rule Act and self-determination in the District;
</section>
<section prefix="6">
 Making grants available, subject to the availability of funds in the Fund, through a competitive process, for educational programs to public schools, public charter schools, and other organizations;
</section>
<section prefix="7">
 Encouraging educational, historical, civic, and other organizations to participate in the anniversary activities to expand the understanding of the Home Rule Act and self-determination in the District;
</section>
<section prefix="8">
 Assuring that the observances appropriately recognize former mayors and members of the Council, and other people, who have contributed to the growth and development of elected government in the District;
</section>
<section prefix="9">
 Facilitating other activities, such as receptions, parades, or festivals, and the provision of food, snacks, entertainment, and non-alcoholic beverages to the general public participating in the activities; and
</section>
<section prefix="0">
 Examining the Home Rule Act to determine the authority that shall be used to advance democracy for the District.
CREDIT(S)

(Sept. 20, 2012, D.C. Law 19-168, § 1085, 59 DCR 8025.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-168, see notes under § 1-137.01.

DC CODE § 1-137.04

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Home Rule Act 40th Anniversary Celebration and Commemoration.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Beginning on September 30, 2012, the Commission shall submit quarterly reports to the Mayor and the Council, to include:
</section>
<section prefix="1">
 An accounting of the revenue and expenditures of the Commission, including a list of each:
</section>
<section prefix="A">
 Gift, grant, or donation with a value of $100 or greater, and the name, address, and occupation of each donor; and
</section>
<section prefix="B">
 Expenditure of $100 or greater, including the name and address of the recipient;
</section>
<section prefix="2">
 A summary of the proposed activities programs; and
</section>
<section prefix="3">
 Any recommendations for legislative or executive action.
</section>
<section prefix="b">
 Not later than September 30, 2014, the Commission shall submit a final report to the Mayor and the Council that includes:
</section>
<section prefix="1">
 A final accounting of the revenue and expenditures of the Commission, including a list of each gift, grant, or donation with a value of $100 or greater, and the name, address, and occupation of each donor;
</section>
<section prefix="2">
 A summary of the Commission's activities; and
</section>
<section prefix="3">
 Any recommendations for amendments to the Home Rule Act.
CREDIT(S)

(Sept. 20, 2012, D.C. Law 19-168, § 1086, 59 DCR 8025.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-168, see notes under § 1-137.01.

DC CODE § 1-137.05

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Home Rule Act 40th Anniversary Celebration and Commemoration.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Secretary of the District of Columbia shall be the implementing agency of the provisions of this part.

CREDIT(S)

(Sept. 20, 2012, D.C. Law 19-168, § 1087, 59 DCR 8025.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-168, see notes under § 1-137.01.

DC CODE § 1-137.06

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Home Rule Act 40th Anniversary Celebration and Commemoration.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Except as provided in § 1-137.02(e), no local funds shall be used to carry out this part.

CREDIT(S)

(Sept. 20, 2012, D.C. Law 19-168, § 1088, 59 DCR 8025.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-168, see notes under § 1-137.01.

DC CODE § 1-137.07

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Statehood.</unit>
	<unit label="part">Home Rule Act 40th Anniversary Celebration and Commemoration.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


This part shall expire on October 1, 2014.

CREDIT(S)

(Sept. 20, 2012, D.C. Law 19-168, § 1089, 59 DCR 8025.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

For history of Law 19-168, see notes under § 1-137.01.

DC CODE § 1-137.08

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">General.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Council of the District of Columbia finds that:

</section>
<section prefix="1">
 Section 2 of a joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America (36 U.S.C. § 174) addresses the method, time, and places for the display of the United States flag:
</section>
<section prefix="A">
 The flag should be hoisted briskly and lowered ceremoniously.
</section>
<section prefix="B">
 It is the universal custom to display the flag only from sunrise to sunset on buildings and stationary flagstaffs in the open. When a patriotic effect is desired, however, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness.
</section>
<section prefix="C">
 The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed.
</section>
<section prefix="D">
 The flag should be displayed on all days, especially on those days designated as federal and state holidays.
</section>
<section prefix="E">
 The flag should be displayed daily on or near the main administration building of every public institution.
</section>
<section prefix="F">
 The flag should be displayed in or near every polling place on election days.
</section>
<section prefix="G">
 The flag should be displayed during school days in or near every schoolhouse.
</section>
<section prefix="2">
 The display of the District of Columbia flag will inculcate a spirit of patriotism in our citizens.
CREDIT(S)

(July 1, 1982, D.C. Law 4-121, § 2, 29 DCR 2072.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-121.

Emergency Act Amendments

For temporary (90 day) establishment of advisory commission, see § 2 of Flag Design Advisory Commission Emergency Act of 2002 (D.C. Act 14-424, July 17, 2002, 49 DCR 7627).

For temporary (90 day) establishment of a Flag Design Advisory Commission, see § 2 of Flag Design Advisory Commission Congressional Review Emergency Act of 2002 (D.C. Act 14-538, December 2, 2002, 49 DCR 11653).

For temporary (90 day) establishment of the Flag Design Advisory Commission, see § 2 of Flag Design Advisory Commission Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-6, January 27, 2003, 50 DCR 1455).

Legislative History of Laws

Law 4-121, the "District of Columbia Flag Display Act of 1982," was introduced in Council and assigned Bill No. 4-365, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 6, 1982 and April 27, 1982, respectively. Signed by the Mayor on May 11, 1982, it was assigned Act No. 4-184 and transmitted to both Houses of Congress for its review.

DC CODE § 1-141

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">General.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The flag of the District of Columbia shall be displayed in the same manner, at the same time, and on the same occasions as the flag of the United States is displayed in the District of Columbia pursuant to and consistent with federal law.

CREDIT(S)

(July 1, 1982, D.C. Law 4-121, § 3, 29 DCR 2072.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-122.

Legislative History of Laws

For legislative history of D.C. Law 4-121, see Historical and Statutory Notes following § 1-141.

DC CODE § 1-142

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">General.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Wherever practicable, the District of Columbia flag shall be flown on the same staff as the United States flag.

CREDIT(S)

(July 1, 1982, D.C. Law 4-121, § 4, 29 DCR 2072.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-123.

Legislative History of Laws

For legislative history of D.C. Law 4-121, see Historical and Statutory Notes following § 1-141.

DC CODE § 1-143

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">General.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The flag of the District of Columbia shall be displayed inside all public buildings whenever and wherever the flag of the United States is displayed.

CREDIT(S)

(July 1, 1982, D.C. Law 4-121, § 5, 29 DCR 2072.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-124.

Legislative History of Laws

For legislative history of D.C. Law 4-121, see Historical and Statutory Notes following § 1-141.

DC CODE § 1-144

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">General.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Department of Finance and Revenue shall give notice of the provisions of this subchapter in each real property tax bill sent to commercial property owners in the next mailing immediately following July 1, 1982.

CREDIT(S)

(July 1, 1982, D.C. Law 4-121, § 6, 29 DCR 2072.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-125.

Legislative History of Laws

For legislative history of D.C. Law 4-121, see Historical and Statutory Notes following § 1-141.

References in Text

Pursuant to the Office of the Chief Financial Officer's "Notice of Public Interest" published in the April 18, 1997, issue of the District of Columbia Register (44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner's Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

DC CODE § 1-145

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">District of Columbia Flag Adoption and Design.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The flag of the District of Columbia shall be 3 red stars in the upper portion of the flag (the chief), with 2 red horizontal bars on a field of white. All proportions described in this section are expressed in relation to the flag's vertical dimension (the hoist). The chief shall be 3/10 of the hoist, the horizontal red bars shall be 2/10, the base and white space between the 2 bars shall be 2/10 and 1/10, respectively. The red stars shall be 2/10 in diameter, and shall be spaced equidistant in the fly. The length of the fly shall depend on the proportions of the flag upon which this design may be displayed.

CREDIT(S)

(Mar. 25, 2003, D.C. Law 14-237, § 2, 49 DCR 10485.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

2001 Ed., § 1-171.

Legislative History of Laws

Law 14-237, the "District of Columbia Flag Adoption and Design Act of 2002", was introduced in Council and assigned Bill No. 14-647, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on July 2, 2002, and October 1, 2002, respectively. Signed by the Mayor on October 23, 2002, it was assigned Act No. 14-516 and transmitted to both Houses of Congress for its review. D.C. Law 14-237 became effective on March 25, 2003.

DC CODE § 1-151

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">District of Columbia Flag Adoption and Design.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 After the design adopted under subsection (b) of this section becomes effective, the flag of the District of Columbia shall temporarily contain the language "DC" and "No Taxation Without Representation".
</section>
<section prefix="b">
 The placement and design of the language prescribed in subsection (a) of this section shall be established by act of the Council.
</section>
<section prefix="c">
 The flag adopted pursuant to § 1-151 and subsection (b) of this section shall be flown officially as of 90 days following the effective date of the act specified in subsection (b) of this section.
</section>
<section prefix="d">
 The language prescribed in subsection (a) of this section shall be removed from the flag when District of Columbia registered voters are able to vote for 2 Senators and one Representative with full rights and privileges in the Congress of the United States.
</section>
<section prefix="e">
 The language prescribed in subsection (a) of this section shall not be required in instances where a reproduction of the flag is placed as a symbol on motor vehicles, District of Columbia government letterhead, or other objects.
CREDIT(S)

(Mar. 25, 2003, D.C. Law 14-237, § 3, 49 DCR 10485.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

2001 Ed., § 1-172.

Legislative History of Laws

For Law 14-237, see notes following § 1-151.

DC CODE § 1-152

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">District of Columbia Flag Adoption and Design.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established a Flag Design Advisory Commission ("Commission") with the purpose of preparing a recommendation for the placement and design of the language "DC" and "No Taxation Without Representation" on the District of Columbia flag.
</section>
<section prefix="b">
 The Commission shall be composed of 7 members: the Mayor, or his or her designee; the Chairman of the Council, or his or her designee; the Chairman of the Council's Subcommittee on Labor, Voting Rights, and Redistricting, or his or her designee; 2 persons appointed by the Mayor; and 2 persons appointed by the Chairman of the Council. The Chairman of the Council shall designate the Commission Chairman. All appointments shall be made within 30 days of March 25, 2003. Vacancies shall be filled in the same manner as the initial appointment was made.
</section>
<section prefix="c">
 The Commission shall submit its recommendation in the form of a report to the Council no later than 4 months after March 25, 2003. The Commission shall approve its recommendation by a majority vote.
</section>
<section prefix="d">
 Costs of the Commission and its members shall be borne by the members or paid through private contributions. The Commission is authorized to receive private-sector contributions. The Commission is authorized to use space and supplies owned or rented by the District of Columbia government, and to use staff loaned from the Council or detailed from the Mayor for such purposes consistent with this subchapter as the Commission may determine.
</section>
<section prefix="e">
 The Commission shall have the authority to create and operate under its own rules of procedure.
</section>
<section prefix="f">
 The books and records of the Commission shall be public documents.
CREDIT(S)

(Mar. 25, 2003, D.C. Law 14-237, § 4, 49 DCR 10485.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

2001 Ed., § 1-173.

Legislative History of Laws

For Law 14-237, see notes following § 1-151.

DC CODE § 1-153

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Flag.</unit>
	<unit label="part">District of Columbia Flag Adoption and Design.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Mayor is authorized to solicit, receive, accept, and expend donations or grants from private sources to defray the costs of replacing existing District of Columbia flags with flags that include the language prescribed in § 1- 152(a).

CREDIT(S)

(Mar. 25, 2003, D.C. Law 14-237, § 5, 49 DCR 10485.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

2001 Ed., § 1-174.

Legislative History of Laws

For Law 14-237, see notes following § 1-151.

DC CODE § 1-154

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Official Dinosaur of the District of Columbia.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Capitalsaurus dinosaur was discovered in January 1898, at First and F Streets, S.E., in the District of Columbia by workmen during a sewer connection project, and is the only known specimen of its kind in the world.
</section>
<section prefix="b">
 The Capitalsaurus was a large meat eating reptile which may be an ancestor of the T. (tyrannosaurus) rex.
</section>
<section prefix="c">
 About 110 million years ago, the Capitalsaurus lived in the District of Columbia with many other dinosaurs including herbivores.
</section>
<section prefix="d">
 During the lifetime of the Capitalsaurus, the District of Columbia resembled the bayou country of southern Louisiana.
</section>
<section prefix="e">
 The Capitalsaurus fossil discovered in 1898 is now at the Smithsonian Museum of Natural History in the type room.
</section>
<section prefix="f">
 The Capitalsaurus is unique to the District of Columbia because its fossil remains have not been discovered anywhere else in the world.
</section>
<section prefix="g">
 The vertebra of the dinosaur was given to the Smithsonian Institution as a gift by J.K. Murphy on January 28, 1898, and was recorded as accession number 33153 and specimen number NMNH 3049.
</section>
<section prefix="h">
 District of Columbia Public School students have been studying the Capitalsaurus and many other dinosaurs from this area for years.
</section>
<section prefix="i">
 The students have also helped to dig up dinosaurs fossils which are now part of the Smithsonian's permanent collection.
</section>
<section prefix="j">
 The Capitalsaurus shall be the official Dinosaur of the District of Columbia.
CREDIT(S)

(Sept. 30, 1998, D.C. Law 12-155, § 2, 45 DCR 4476; Apr. 20, 1999, D.C. Law 12-264, § 2, 46 DCR 2118; Oct. 20, 1999, D.C. Law 13-41, § 4, 46 DCR 6552; Apr. 12, 2000, D.C. Law 13-91, § 102, 47 DCR 520.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-131.

Effect of Amendments

D.C. Law 13-41, in subsec. (g), substituted "specimen NMNH 3049" for "specimen NMNH 3409".

D.C. Law 13-91, in subsec. (g), inserted "number" preceding "NMNH".

Legislative History of Laws

Law 12-155, the "Official Dinosaur Act of 1998," was introduced in Council and assigned Bill No. 12-538, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 5, 1998, and June 2, 1998, respectively. Signed by the Mayor on June 10, 1998, it was assigned Act No. 12-382 and transmitted to both Houses of Congress for its review. D.C. Law 12-155 became effective on September 30, 1998.

Law 12-264, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998 and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.

Law 13-41, the "Designation of Capitalsaurus Court and Technical Correction Amendment Act of 1999," was introduced in Council and assigned Bill No. 13-170, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 1, 1999, and July 6, 1999, respectively. Signed by the Mayor on July 19, 1999, it was assigned Act No. 13-114 and transmitted to both Houses of Congress for its review. D.C. Law 13-41 became effective on October 20, 1999.

Law 13-91, the "Technical Amendments Act of 1999," was introduced in Council and assigned Bill No. 13-435, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 2, 1999, and December 7, 1999, respectively. Signed by the Mayor on December 29, 1999, it was assigned Act No. 13-234 and transmitted to both Houses of Congress for its review. D.C. Law 13-91 became effective on April 12, 2000.

DC CODE § 1-161

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Official Fruit of the District of Columbia.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Twenty-six states have an official fruit, 2 of which picked their official fruit based on suggestions from children.
</section>
<section prefix="b">
 Washington, D.C. is named in honor of our first president, George Washington, who is symbolically associated with the cherry because of the well-known tale of the president, as a child, and a certain cherry tree, the moral of which was the importance of honesty.
</section>
<section prefix="c">
 Every year, the District of Columbia holds the Cherry Blossom Festival, which includes a parade and other events celebrating the beauty of the cherry tree and the original gift, in 1912, of 3,000 cherry trees from the city of Tokyo to the people of Washington, D.C.
</section>
<section prefix="d">
 Washington, D.C. is more closely associated with the cherry than any other fruit.
</section>
<section prefix="e">
 The matter of an official fruit was studied by the students in Mr. Bunton's class at Bowen Elementary School, and they proposed that the cherry be named the official fruit of the District of Columbia.
</section>
<section prefix="f">
 The District of Columbia Board of Education supports the students.
</section>
<section prefix="g">
 The cherry is hereby designated the official fruit of the District of Columbia.
CREDIT(S)

(Sept. 29, 2006, D.C. Law 16-171, § 2, 53 DCR 6227.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Legislative History of Laws

Law 16-171, the "Official Fruit of the District of Columbia Act of 2006", was introduced in Council and assigned Bill No. 16-721 which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 6, 2006, and July 11, 2006, respectively. Signed by the Mayor on July 18, 2006, it was assigned Act No. 16-440 and transmitted to both Houses of Congress for its review. D.C. Law 16-171 became effective on September 29, 2006.

Editor's Notes

Former § 1-171 has been recodified as § 1-151.

DC CODE § 1-171

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Official Fruit of the District of Columbia.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Recodified as § 1-152.

CREDIT(S)

(Mar. 25, 2003, D.C. Law 14-237, § 3, 49 DCR 10485.)

DC CODE § 1-172

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Official Fruit of the District of Columbia.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Recodified as § 1-153.

CREDIT(S)

(Mar. 25, 2003, D.C. Law 14-237, § 4, 49 DCR 10485.)

DC CODE § 1-173

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">Official Fruit of the District of Columbia.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Recodified as § 1-154.

CREDIT(S)

(Mar. 25, 2003, D.C. Law 14-237, § 5, 49 DCR 10485.)

DC CODE § 1-174

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Emancipation Day Parade and Fund.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


For the purposes of this subchapter, the term:

</section>
<section prefix="1">
 "Emancipation Day Parade" means the parade, and associated activities, including the provision of food, snacks, entertainment, and non-alcoholic beverages to the general public, participants, and District government employees, held to celebrate and commemorate District of Columbia Emancipation Day.
</section>
<section prefix="2">
 "Fund" means the Emancipation Day Fund.
CREDIT(S)

(Mar. 16, 2005, D.C. Law 15-240, § 2, 51 DCR 11225; Feb.27, 2008, D.C. Law 17-110, § 2(a), 55 DCR 223.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 17-110, in par. (1), substituted "activities, including the provision of food, snacks, entertainment, and non-alcoholic beverages to the general public, participants, and District government employees, held to celebrate" for "activities, held to celebrate".

Temporary Addition of Section

For temporary (225 day) addition, see § 2 of District of Columbia Emancipation Day Fund Temporary Act of 2002 (D.C. Law 14-125, May 2, 2002, law notification 49 DCR 4400).

For temporary (225 day) addition, see § 2 of Emancipation Day Fund Temporary Act of 2003 (D.C. Law 15-9, June 5, 2003, law notification 50 DCR 4873).

For temporary (225 day) addition, see § 2 of District of Columbia Emancipation Day Parade and Fund Temporary Act of 2004 (D.C. Law 15-138, April 22, 2004, law notification 51 DCR 4922).

Emergency Act Amendments

For temporary (90 day) addition, see § 2 of District of Columbia Emancipation Day Fund Emergency Act of 2002 (D.C. Act 14-263, January 30, 2002, 49 DCR 1443).

For temporary (90 day) addition, see § 2 of Emancipation Day Fund Emergency Act of 2003 (D.C. Act 15-17, February 25, 2003, 50 DCR 1948).

For temporary (90 day) addition, see § 2 of District of Columbia Emancipation Day Parade and Fund Emergency Act of 2004 (D.C. Act 15-343, January 29, 2004, 51 DCR 1827).

For temporary (90 day) addition, see § 2 of District of Columbia Emancipation Day Parade and Fund Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-660, December 29, 2004, 52 DCR 797).

For temporary (90 day) addition, see § 2 of District of Columbia Emancipation Day Parade and Fund Congressional Review Emergency Act of 2005 (D.C. Act 16-61, March 17, 2005, 52 DCR 3197).

Legislative History of Laws

Law 15-240, the "District of Columbia Emancipation Day Parade and Fund Act of 2004", was introduced in Council and assigned Bill No. 15-670, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 5, 2004, and November 9, 2004, respectively. Signed by the Mayor on November 30, 2004, it was assigned Act No. 15-597 and transmitted to both Houses of Congress for its review. D.C. Law 15-240 became effective on March 16, 2005.

Law 17-110, the "District of Columbia Emancipation Day Parade Clarification Amendment Act of 2007", was introduced in Council and assigned Bill No. 17-187 which was referred to the Committee on Workforce Development and Government Operations. The Bill was adopted on first and second readings on November 6, 2007, and December 11, 2007, respectively. Signed by the Mayor on December 27, 2007, it was assigned Act No. 17-228 and transmitted to both Houses of Congress for its review. D.C. Law 17-110 became effective on February 27, 2008.

DC CODE § 1-181

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Emancipation Day Parade and Fund.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


There is established the Emancipation Day Parade, to annually celebrate and commemorate District of Columbia Emancipation Day.

CREDIT(S)

(Mar. 16, 2005, D.C. Law 15-240, § 3, 51 DCR 11225.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Temporary Addition of Section

For temporary (225 day) additions, see §§ 3, 5 of District of Columbia Emancipation Day Fund Temporary Act of 2002 (D.C. Law 14-125, May 2, 2002, law notification 49 DCR 4400).

For temporary (225 day) additions, see §§ 3, 5 of Emancipation Day Fund Temporary Act of 2003 (D.C. Law 15-9, June 5, 2003, law notification 50 DCR 4873).

For temporary (225 day) addition, see § 3 of District of Columbia Emancipation Day Parade and Fund Temporary Act of 2004 (D.C. Law 15-138, April 22, 2004, law notification 51 DCR 4922).

Emergency Act Amendments

For temporary (90 day) addition, see §§ 3, 5 of District of Columbia Emancipation Day Fund Emergency Act of 2002 (D.C. Act 14-263, January 30, 2002, 49 DCR 1443).

For temporary (90 day) addition, see §§ 3, 5 of Emancipation Day Fund Emergency Act of 2003 (D.C. Act 15-17, February 25, 2003, 50 DCR 1948).

For temporary (90 day) addition, see §§ 3, 5 of District of Columbia Emancipation Day Parade and Fund Emergency Act of 2004 (D.C. Act 15-343, January 29, 2004, 51 DCR 1827).

For temporary (90 day) addition, see §§ 3, 5 of District of Columbia Emancipation Day Parade and Fund Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-660, December 29, 2004, 52 DCR 797).

Legislative History of Laws

For Law 15-240, see notes following § 1-181.

DC CODE § 1-182

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Government Development.</unit>
	<unit label="subchapter">District of Columbia Emancipation Day Parade and Fund.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established the Emancipation Day Fund ("Fund") to receive monies for the purposes of funding the Emancipation Day Parade and activities associated with the celebration and commemoration of District of Columbia Emancipation Day.
</section>
<section prefix="b">
 The monies in the Fund shall not be a part of, or lapse into, the General Fund of the District of Columbia or any other fund of the District.
</section>
<section prefix="c">
 By August 1st of each year, the Secretary of the District of Columbia shall submit a report to the Council that shall include a specific accounting of the expenditure of money in the Fund and any remaining balance. The report shall include:
</section>
<section prefix="1">
 The name of any donors or list of anonymous contributions;
</section>
<section prefix="2">
 The amount of each contribution;
</section>
<section prefix="3">
 A description of any donated property;
</section>
<section prefix="4">
 A description of the use of monies for presenting the Emancipation Day Parade; and
</section>
<section prefix="5">
 Costs of parade-related programs, activities, purchases, and functions for which the money have been expended.
</section>
<section prefix="d">
 Monies shall only be expended from the Fund for the administration of the Emancipation Day Parade. A minimum of 15% of the monies in the Fund shall be used to purchase and provide educational materials. The Fund may be used to purchase food, snacks, entertainment, and non-alcoholic beverages for the general public, participants, and District government employees to celebrate Emancipation Day.
CREDIT(S)

(Mar. 16, 2005, D.C. Law 15-240, § 4, 51 DCR 11225; Feb.27, 2008, D.C. Law 17-110, § 2(b), 55 DCR 223.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 17-110, in subsec. (c)(5), substituted "activities, purchases, and functions" for "activities, and functions"; and, in subsec. (d) added the second and third sentences.

Temporary Addition of Section

For temporary (225 day) addition, see § 4 of District of Columbia Emancipation Day Fund Temporary Act of 2002 (D.C. Law 14-125, May 2, 2002, law notification 49 DCR 4400).

For temporary (225 day) addition, see § 4 of Emancipation Day Fund Temporary Act of 2003 (D.C. Law 15-9, June 5, 2003, law notification 50 DCR 4873).

For temporary (225 day) addition, see § 4 of District of Columbia Emancipation Day Parade and Fund Temporary Act of 2004 (D.C. Law 15-138, April 22, 2004, law notification 51 DCR 4922).

Emergency Act Amendments

For temporary (90 day) addition, see § 4 of District of Columbia Emancipation Day Fund Emergency Act of 2002 (D.C. Act 14-263, January 30, 2002, 49 DCR 1443).

For temporary (90 day) addition, see § 4 of Emancipation Day Fund Emergency Act of 2003 (D.C. Act 15-17, February 25, 2003, 50 DCR 1948).

For temporary (90 day) addition, see § 4 of District of Columbia Emancipation Day Parade and Fund Emergency Act of 2004 (D.C. Act 15-343, January 29, 2004, 51 DCR 1827).

For temporary (90 day) use of prior budgeted reserve funds for Emancipation Day activities, see § 2 of Emancipation Day Reserve Fund Allocation Emergency Act of 2004 (D.C. Act 15-641, November 30, 2004, 52 DCR 1261).

For temporary (90 day) addition, see § 4 of District of Columbia Emancipation Day Parade and Fund Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-660, December 29, 2004, 52 DCR 797).

Legislative History of Laws

For Law 15-240, see notes following § 1-181.

For Law 17-110, see notes following § 1-181.

DC CODE § 1-183

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Short Title, Purposes, and Definitions.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


This chapter may be cited as the "District of Columbia Home Rule Act".

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 777, Pub. L. 93-198, title I, § 101; Aug. 5, 1997, 111 Stat. 251, Pub.L. 105-33, title XI, § 11717(a).)

DC CODE § 1-201.01

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Short Title, Purposes, and Definitions.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Subject to the retention by Congress of the ultimate legislative authority over the nation's capital granted by article I, § 8, of the Constitution, the intent of Congress is to delegate certain legislative powers to the government of the District of Columbia; authorize the election of certain local officials by the registered qualified electors in the District of Columbia; grant to the inhabitants of the District of Columbia powers of local self-government; modernize, reorganize, and otherwise improve the governmental structure of the District of Columbia; and, to the greatest extent possible, consistent with the constitutional mandate, relieve Congress of the burden of legislating upon essentially local District matters.
</section>
<section prefix="b">
 Congress further intends to implement certain recommendations of the Commission on the Organization of the Government of the District of Columbia and take certain other actions irrespective of whether the charter for greater self-government provided for in subchapter IV of this chapter is accepted or rejected by the registered qualified electors of the District of Columbia.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 777, Pub. L. 93-198, title I, § 102.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-201.

1973 Ed., § 1-121.

Miscellaneous Notes

Section 11717(b) of Title XI of Pub. L. 105-33, 111 Stat. 786, the National Capital Revitalization and Self-Government Improvement Act of 1997, provided as follows:

"(b) REFERENCES IN LAW--Any reference in law or regulation to the District of Columbia Self-Government and Governmental Reorganization Act shall be deemed to be a reference to the District of Columbia Home Rule Act."

DC CODE § 1-201.02

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Short Title, Purposes, and Definitions.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


For the purposes of this chapter:

</section>
<section prefix="1">
 The term "District" means the District of Columbia.
</section>
<section prefix="2">
 The term "Council" means the Council of the District of Columbia provided for by part A of subchapter IV of this chapter.
</section>
<section prefix="3">
 The term "Commissioner" means the Commissioner of the District of Columbia established under Reorganization Plan No. 3 of 1967.
</section>
<section prefix="4">
 The term "District of Columbia Council" means the Council of the District of Columbia established under Reorganization Plan No. 3 of 1967.
</section>
<section prefix="5">
 The term "Chairman" means, unless otherwise provided in this Act, the Chairman of the Council provided for by part A of subchapter IV of this chapter.
</section>
<section prefix="6">
 The term "Mayor" means the Mayor provided for by part B of subchapter IV of this chapter.
</section>
<section prefix="7">
 The term "act" includes any legislation passed by the Council, except where the term "Act" [chapter] is used to refer to this chapter or other Acts of Congress herein specified.
</section>
<section prefix="8">
 The term "capital project" means any physical public betterment or improvement, the acquisition of property of a permanent nature, or the purchase of equipment or furnishings, and includes:
</section>
<section prefix="A">
 Costs of any preliminary plans, studies, and surveys in connection with such betterment, improvement, acquisition, or purchase;
</section>
<section prefix="B">
 Costs incidental to such betterment, improvement, acquisition, or purchase, and the financing thereof, including the cost of any election, professional fees, printing or engraving, production and reproduction of documents, publication of notices, taking of title, bond insurance, and interest during construction; and
</section>
<section prefix="C">
 The reimbursement of any fund or account for amounts expended for the payment of any such costs.
</section>
<section prefix="9">
 The term "pending", when applied to any capital project, means authorized but not yet completed.
</section>
<section prefix="0">
 The term "District revenues" means all funds derived from taxes, fees, charges, miscellaneous receipts, grants and other forms of financial assistance, or the sale of bonds, notes, or other obligations, and any funds administered by the District government under cost sharing arrangements.
</section>
<section prefix="1">
 The term "election", unless the context otherwise provides, means an election held pursuant to the provisions of this chapter.
</section>
<section prefix="2">
 The terms "publish" and "publication", unless otherwise specifically provided herein, mean publication in a newspaper of general circulation in the District.
</section>
<section prefix="3">
 The term "District of Columbia Courts" means the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.
</section>
<section prefix="4">
 The term "resources" means revenues, balances, enterprise or other revolving funds, and funds realized from borrowing.
</section>
<section prefix="5">
 The term "budget" means the entire request for appropriations or loan or spending authority for all activities of all departments or agencies of the District of Columbia financed from all existing, proposed, or anticipated resources, and shall include both operating and capital expenditures.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 777, Pub. L. 93-198, title I, § 103; Dec. 28, 1981, 95 Stat. 1493, Pub. L. 97-105, § 1; Apr. 17, 1995, 109 Stat. 141, Pub. L. 104-8, § 301(a)(1); Aug. 5, 1997, 111 Stat. 777, Pub. L. 105-33, § 11601(b)(1)(A).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-202.

1973 Ed., § 1-122.

Emergency Act Amendments

For temporary (90 day) amendment of section 202 of Law 18-160, see § 2 of the Elected Attorney General Referendum Emergency Amendment Act of 2010 (D.C. Act 18-443, June 17, 2010, 57 DCR 5403).

For temporary (90 day) amendment of section 202 of Law 18-160, see § 2 of the Elected Attorney General Referendum Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-532, August 6, 2010, 57 DCR 8142).

For temporary (90 day) amendment of section 202 of D.C. Law 18-160, see § 204 of Receiving Stolen Property and Public Safety Amendments Emergency Amendment Act of 2011 (D.C. Act 19-261, December 21, 2011, 58 DCR 11232).

Legislative History of Laws

For history of Law 18-160, see notes under § 1-301.81.

Miscellaneous Notes

Application of § 301(a)(1) of Pub. L. 104-8: Section 301(a)(2) of Pub. L. 104- 8, 109 Stat. 142, provided that the amendments made by paragraph (a)(1) shall apply with respect to revenues, resources, and budgets of the District of Columbia for fiscal years beginning with fiscal year 1996.

Law 18-160 not applicable: D.C. Law 18-160 contained an applicability clause for section 201 of the Act that, after amendment by emergency Act 18-443, temporary Law 18-224, and emergency Act 19-51, purported that section 201 would become law upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum pursuant to section 303 of the District of Columbia Home Rule Act (HRA) and 35 days of congressional review. D.C. Law 18-160 purported to add a paragraph (16) to this section (§ 1-201.03) by referendum. The HRA does not allow this section to be amended by referendum.

Section 203 of D.C. Law 19-120 amended section 202 of D.C. Law 18-160 to read as follows:

"Sec. 202. Applicability.

"Section 201 shall apply upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum held for such purpose and a 35-day period of Congressional review as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03), and publication in the District of Columbia Register.".

DC CODE § 1-201.03

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Governmental Reorganization.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
-(e) [Omitted]
</section>
<section prefix="f">
 For the purpose of § 1-207.13(d), employees in the District of Columbia Redevelopment Land Agency shall be deemed to be transferred to the District of Columbia as of January 2, 1975 without a break in service.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title II, § 201(f).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Miscellaneous Notes

The text of § 1-202.01(a) through (e) is omitted because the corresponding text of section 201(a) through (e) of Public Law 93-198 amended another law.

DC CODE § 1-202.01

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Governmental Reorganization.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The National Capital Housing Authority (hereinafter referred to as the "Authority") established under §§ 6-101.01 to 6-102.05 shall be an agency of the District of Columbia government subject to the organizational and reorganizational powers specified in §§ 1-204.04(b) and 1-204.22(12).
</section>
<section prefix="b">
 All functions, powers, and duties of the President under §§ 6-101.01 to 6-102.05 shall be vested in and exercised by the Mayor. All employees, property (real and personal), and unexpended balances (available or to be made available) of appropriations, allocations, and all other funds, and assets and liabilities of the Authority are authorized to be transferred to the District of Columbia government.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title II, § 202.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 5-102.

1973 Ed., § 5-103a.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Delegation of Authority

Delegation of Authority to Implement the Provisions of the District of Columbia Alley Dwelling Act, see Mayor's Order 88-30, December 15, 1987; Mayor's Order 88-161, December 15, 1987.

Miscellaneous Notes

Definitions applicable: The definitions in § 1-201.03 apply to this section.

DC CODE § 1-202.02

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Governmental Reorganization.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
</history>
HISTORICAL AND STATUTORY NOTES

Miscellaneous Notes

The text of § 1-202.03 is omitted because the corresponding text of section 203 of Public Law 93-198 amended another law.

DC CODE § 1-202.03

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Governmental Reorganization.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 All functions of the Secretary of Labor (hereafter in this section referred to as the "Secretary") under section 3 of the Act entitled "An Act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes," approved June 6, 1933 (29 U.S.C. §§ 49-49k), with respect to the maintenance of a public employment service for the District, are transferred to the Mayor. After the effective date of this transfer, the Secretary shall maintain with the District the same relationship with respect to a public employment service in the District, including the financing of such service, as he has with the States (with respect to a public employment service in the states) generally.
</section>
<section prefix="b">
 The Mayor is authorized and directed to establish and administer a public employment service in the District and to that end he shall have all necessary powers to cooperate with the Secretary in the same manner as a State under the Act of June 6, 1933, specified in subsection (a) of this section.
</section>
<section prefix="c">
 [Omitted].
</section>
<section prefix="d">
 All functions of the Secretary of Labor and of the Director of Apprenticeship under the Act entitled "An Act to provide for voluntary apprenticeship in the District of Columbia", approved May 20, 1946, 1933 (29 U.S.C. §§ 49-49k) are transferred to and shall be exercised by the Mayor. The Office of Director of Apprenticeship provided for in § 32-1403 is abolished.
</section>
<section prefix="e">
 All functions of the Secretary under chapter 81 of title 5 of the United States Code, with respect to the processing of claims filed by employees of the government of the District for compensation for work injuries, are transferred to and shall be exercised by the Mayor, effective the day after the day on which the District establishes an independent personnel system or systems.
</section>
<section prefix="f">
 So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, available, or to be made available in connection with functions transferred to the Mayor by the provisions of this section, as the Director of the Federal Office of Management and Budget shall determine, are authorized to be transferred from the Secretary to the Mayor.
</section>
<section prefix="g">
 Any employee in the competitive service of the United States transferred to the government of the District under the provisions of this section shall retain all the rights, benefits, and privileges pertaining thereto held prior to such transfer.
</section>
<section prefix="h">
 [Omitted]
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title II, § 204(a), (b), (d)- (g).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., §§ 36-406, 36-701.

1973 Ed., §§ 36-125a, 36-701.

Miscellaneous Notes

The text of § 1-202.04(c) and (h) is omitted because the corresponding text of section 204(c) and (h) of Public Law 93-198 amended other laws.

DC CODE § 1-202.04

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">District Charter Preamble, Legislative Power, and Charter Amending Procedure.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The charter for the District of Columbia set forth in subchapter IV of this chapter shall establish the means of governance of the District following its acceptance by a majority of the registered qualified electors of the District voting thereon in the charter referendum held with respect thereto.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 784, Pub. L. 93-198, title III, § 301.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-203.

1973 Ed., § 1-123.

DC CODE § 1-203.01

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">District Charter Preamble, Legislative Power, and Charter Amending Procedure.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Except as provided in §§ 1-206.01 to 1-206.03, the legislative power of the District shall extend to all rightful subjects of legislation within the District consistent with the Constitution of the United States and the provisions of this chapter subject to all the restrictions and limitations imposed upon the states by the 10th section of the 1st article of the Constitution of the United States.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 784, Pub. L. 93-198, title III, § 302.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-204.

1973 Ed., § 1-124.

DC CODE § 1-203.02

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">District Charter Preamble, Legislative Power, and Charter Amending Procedure.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The charter set forth in subchapter IV of this chapter (including any provision of law amended by such subchapter), except §§ 1-204.01(a) and 1-204.21(a), and part C of such subchapter, may be amended by an act passed by the Council and ratified by a majority of the registered qualified electors of the District voting in the referendum held for such ratification. The Chairman of the Council shall submit all such acts to the Speaker of the House of Representatives and the President of the Senate on the day the Board of Elections and Ethics certifies that such act was ratified by a majority of the registered qualified electors voting thereon in such referendum.
</section>
<section prefix="b">
 An amendment to the charter ratified by the registered electors shall take effect upon the expiration of the 35-calendar-day period (excluding Saturdays, Sundays, holidays, and days on which either House of Congress is not in session) following the date such amendment was submitted to the Congress, or upon the date prescribed by such amendment, whichever is later, unless during such 35-day period, there has been enacted into law a joint resolution, in accordance with the procedures specified in § 1-206.04, disapproving such amendment. In any case in which any such joint resolution disapproving such an amendment has, within such 35-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 35-day period, shall be deemed to have repealed such amendment, as of the date such resolution becomes law.
</section>
<section prefix="c">
 The Board of Elections and Ethics shall prescribe such rules as are necessary with respect to the distribution and signing of petitions and the holding of elections for ratifying amendments to subchapter IV of this chapter according to the procedures specified in subsection (a) of this section.
</section>
<section prefix="d">
 The amending procedure provided in this section may not be used to enact any law or affect any law with respect to which the Council may not enact any act, resolution, or rule under the limitations specified in §§ 1-206.01 to 1-206.03.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 784, Pub. L. 93-198, title III, § 303; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Oct. 12, 1984, 98 Stat. 1974, Pub. L. 98-473, § 131(b).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-205.

1973 Ed., § 1-125.

Emergency Act Amendments

For temporary (90 day) amendment of § 202 of D.C. Law 18-160, see § 2 of Elected Attorney General Referendum Emergency Amendment Act of 2011 (D.C. Act 19-51, April 27, 2011, 58 DCR 3878).

Miscellaneous Notes

Fiscal year: Section 131(n) of Pub. L. 98-473 provided that the provisions of this section shall be effective hereafter without limitation as to fiscal year, notwithstanding any other provision of the joint resolution.

DC CODE § 1-203.03

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Council.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established a Council of the District of Columbia; and the members of the Council shall be elected by the registered qualified electors of the District.
</section>
<section prefix="b">
(1) The Council established under subsection (a) of this section shall consist of 13 members elected on a partisan basis. The Chairman and 4 members shall be elected at large in the District, and 8 members shall be elected 1 each from the 8 election wards established, from time to time, under Chapter 10 of this title. The term of office of the members of the Council shall be 4 years, except as provided in paragraph (3) of this subsection, and shall begin at noon on January 2nd of the year following their election.
</section>
<section prefix="2">
 In the case of the first election held for the office of member of the Council after January 2, 1975, not more than 2 of the at-large members (excluding the Chairman) shall be nominated by the same political party. Thereafter, a political party may nominate a number of candidates for the office of at-large member of the Council equal to 1 less than the total number of at-large members (excluding the Chairman) to be elected in such election.
</section>
<section prefix="3">
 To fill a vacancy in the Office of Chairman, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Chairman to fill a vacancy in the Office of Chairman shall take office on the day in which the Board of Elections and Ethics certifies his election, and shall serve as Chairman only for the remainder of the term during which such vacancy occurred. When the Office of Chairman becomes vacant, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as Chairman pro tempore until the election of a new Chairman.
</section>
<section prefix="4">
 Of the members first elected after January 2, 1975, the Chairman and 2 members elected at large and 4 of the members elected from election wards shall serve for 4-year terms; and 2 of the at-large members and 4 of the members elected from election wards shall serve for 2-year terms. The members to serve the 4-year terms and the members to serve the 2-year terms shall be determined by the Board of Elections and Ethics by lot, except that not more than one of the at-large members nominated by any political party shall serve for any such 4-year term.
</section>
<section prefix="c">
 The Council may establish and select such other officers and employees as it deems necessary and appropriate to carry out the functions of the Council.
</section>
<section prefix="d">
(1) In the event of a vacancy in the Council of a member elected from a ward, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected as a member to fill a vacancy on the Council shall take office on the day on which the Board of Elections and Ethics certifies his election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred.
</section>
<section prefix="2">
 In the event of a vacancy in the Office of Mayor, and if the Chairman becomes a candidate for the Office of Mayor to fill such vacancy, the Office of Chairman shall be deemed vacant as of the date of the filing of his candidacy. In the event of a vacancy in the Council of a member elected at large, other than a vacancy in the Office of Chairman, who is affiliated with a political party, the central committee of such political party shall appoint a person to fill such vacancy, until the Board of Elections and Ethics can hold a special election to fill such vacancy, and such special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person appointed to fill such vacancy shall take office on the date of his appointment and shall serve as a member of the Council until the day on which the Board certifies the election of the member elected to fill such vacancy in either a special election or a general election. The person elected as a member to fill such a vacancy on the Council shall take office on the day on which the Board of Elections and Ethics certifies his election, and shall serve as a member of the Council only for the remainder of the term during which such vacancy occurred. With respect to a vacancy on the Council of a member elected at large who is not affiliated with any political party, the Council shall appoint a similarly non-affiliated person to fill such vacancy until such vacancy can be filled in a special election in the manner prescribed in this paragraph. Such person appointed by the Council shall take office and serve as a member at the same time and for the same term as a member appointed by a central committee of a political party.
</section>
<section prefix="3">
 Notwithstanding any other provision of this section, at no time shall there be more than 3 members (including the Chairman) serving at large on the Council who are affiliated with the same political party.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 785, Pub. L. 93-198, title IV, § 401; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Aug. 29, 1974, 88 Stat. 793, Pub. L. 93-395, § 1(2); July 18, 2012, 126 Stat.1133, Pub. L. 112-145, § 2(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-221.

1973 Ed., § 1-141.

Effect of Amendments

Pub. L. 112-145, in subsec. (b)(3), rewrote the first sentence, which had read: "To fill a vacancy in the Office of Chairman, the Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph.";  in subsec. (d)(1), rewrote the first sentence which had read:  "In the event of a vacancy in the Council of a member elected from a ward, the Board of Elections and Ethics shall hold a special election in such ward to fill such vacancy on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this subsection.";   and, in the second sentence of subsec. (d)(2), substituted "and such special election shall be held on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation." for "and such special election shall be held on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise be held under the provisions of this subsection."

Temporary Amendments of Section

Section 2(a) of D.C. Law 18-301, in subsecs. (b) and (d), substituted "more than seventy days" for "more than one hundred fourteen days" wherever it appears.

Section 3 of D.C. Law 18-301 provides that this act shall apply upon enactment by Congress.

Section 5(b) of D.C. Law 18-301 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see §§ 2(a), 3 of Special Election Reform Charter Emergency Amendment Act of 2010 (D.C. Act 18-591, November 3, 2010, 57 DCR 10470).

For temporary (90 day) addition of section, see § 3 of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416).

For temporary (90 day) amendment of section, see § 2(a) of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416).

For temporary (90 day) amendment of section, see § 301(a) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 day) addition of section, see § 602(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Miscellaneous Notes

Section 2 of D.C. Law 17-156 amended this section subject to congressional enactment. As of the publication of this note, congress has not enacted section 2 of D.C. Law 17-156.

Section 401(a) of D.C. Law 19-124 provides for the addition of subsec. (e) to read as follows:

"(e)(1) By a 5/6 vote of its members, the Council may adopt a resolution of expulsion if it finds, based on substantial evidence, that a member of the Council took an action that amounts to a gross failure to meet the highest standards of personal and professional conduct. Expulsion is the most severe punitive action, serving as a penalty imposed for egregious wrongdoing. Expulsion results in the removal of the member. Expulsion should be used in cases in which the Council determines that the violation of law committed by a member is of the most serious nature, including those violations that substantially threaten the public trust. To protect the exercise of official member duties and the overriding principle of freedom of speech, the Council shall not impose expulsion on any member for the exercise of his or her First Amendment right, no matter how distasteful the expression of that right was to the Council and the District, or in the official exercise of his or her office.

"(2) The Council shall include in its Rules of Organization procedures for investigation, and consideration of, the expulsion of a member.".

Section 601(j) of D.C. Law 19-124 provides:

"(j) Title IV shall apply on its effective date as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03)."

Section 3 of Pub. L. 112-145 provides:

"Sec. 3. EFFECTIVE DATE.

"The amendments made by section 2 shall apply with respect to vacancies occurring on or after the enactment of this Act."

DC CODE § 1-204.01

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Council.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


No person shall hold the office of member of the Council, including the Office of Chairman, unless he: (1) Is a qualified elector; (2) is domiciled in the District and if he is nominated for election from a particular ward, resides in the ward from which he is nominated; (3) has resided and been domiciled in the District for 1 year immediately preceding the day on which the general or special election for such office is to be held; and (4) holds no public office (other than his employment in and position as a member of the Council), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall prohibit any such person, while a member of the Council, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than 30 days. A member of the Council shall forfeit his office upon failure to maintain the qualifications required by this section, and, in the case of the Chairman, § 1-204.03(c).

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 786, Pub. L. 93-198, title IV, § 402.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-225.

1973 Ed., § 1-142.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 301(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 day) addition of section, see § 602(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Miscellaneous Notes

Section 401(b) of D.C. Law 19-124 provides for the substitution of "to be held; (d) has not been convicted of a felony while holding the office; and (e) holds" for "to be held; and (d) holds".

Section 601(j) of D.C. Law 19-124 provides:

"(j) Title IV shall apply on its effective date as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03)."

DC CODE § 1-204.02

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Council.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Each member of the Council shall receive compensation, payable in periodic installments, at a rate equal to the maximum rate as may be established from time to time for grade 12 of the General Schedule under § 5332 of Title 5 of the United States Code. On and after the end of the 2-year period beginning on the day the members of the Council first elected under this chapter take office, the Council may, by act, increase or decrease such rate of compensation. Such change in compensation, upon enactment by the Council in accordance with the provisions of this chapter, shall apply with respect to the term of members of the Council beginning after the date of enactment of such change.
</section>
<section prefix="b">
 All members of the Council shall receive additional allowances for actual and necessary expenses incurred in the performance of their duties of office as may be approved by the Council.
</section>
<section prefix="c">
 The Chairman shall not engage in any employment (whether as an employee or as a self-employed individual) or hold any position (other than his position as Chairman), for which he is compensated in an amount in excess of his actual expenses in connection therewith.
</section>
<section prefix="d">
 Notwithstanding subsection (a), as of December 21, 2001, the Chairman shall receive compensation, payable in equal installments, at a rate equal to $10,000 less than the annual compensation of the Mayor.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 787, Pub. L. 93-198, title IV, § 403; Dec. 21, 2001, 107 Stat. 957, Pub. L. 107-96, § 136.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-226.

1973 Ed., § 1-143.

Effect of Amendments

Pub. L. 107-96, in subsec. (c), deleted "shall receive, in addition to the compensation to which he is entitled as a member of the Council, $10,000 per annum, payable in equal installments, for each year he serves as Chairman, but the Chairman" preceding "shall not engage"; and added subsec. (d).

Miscellaneous Notes

Request for Congressional action: Pursuant to § 5 of D.C. Law 10-168 and § 5 of D.C. Law 10-225 the Council requested that the United States Congress enact legislation to repeal subsection (c) of this section.

DC CODE § 1-204.03

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Council.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Subject to the limitations specified in §§ 1-206.01 to 1-206.04, the legislative power granted to the District by this chapter is vested in and shall be exercised by the Council in accordance with this chapter. In addition, except as otherwise provided in this chapter, all functions granted to or imposed upon, or vested in or transferred to the District of Columbia Council, as established by Reorganization Plan No. 3 of 1967, shall be carried out by the Council in accordance with the provisions of this chapter.
</section>
<section prefix="b">
 The Council shall have authority to create, abolish, or organize any office, agency, department, or instrumentality of the government of the District and to define the powers, duties, and responsibilities of any such office, agency, department, or instrumentality.
</section>
<section prefix="c">
 The Council shall adopt and publish rules of procedures which shall include provisions for adequate public notification of intended actions of the Council.
</section>
<section prefix="d">
 Every act shall be published and codified upon becoming law as the Council may direct.
</section>
<section prefix="e">
 An act passed by the Council shall be presented by the Chairman of the Council to the Mayor, who shall, within 10 calendar days (excluding Saturdays, Sundays, and holidays) after the act is presented to him, either approve or disapprove such act. If the Mayor shall approve such act, he shall indicate the same by affixing his signature thereto, and such act shall become law subject to the provisions of § 1-206.02(c). If the Mayor shall disapprove such act, he shall, within 10 calendar days (excluding Saturdays, Sundays, and holidays) after it is presented to him, return such act to the Council setting forth in writing his reasons for such disapproval. If any act so passed shall not be returned to the Council by the Mayor within 10 calendar days after it shall have been presented to him, the Mayor shall be deemed to have approved it, and such act shall become law subject to the provisions of § 1-206.02(c) unless the Council by a recess of 10 days or more prevents its return, in which case it shall not become law. If, within 30 calendar days after an act has been timely returned by the Mayor to the Council with his disapproval, two-thirds of the members of the Council present and voting vote to reenact such act, the act so reenacted shall become law subject to the provisions of § 1- 206.02(c).
</section>
<section prefix="f">
 In the case of any budget act adopted by the Council pursuant to § 1- 204.46 and submitted to the Mayor in accordance with subsection (e) of this section, the Mayor shall have power to disapprove any items or provisions, or both, of such act and approve the remainder. In any case in which the Mayor so disapproves of any item or provision, he shall append to the act when he signs it a statement of the item or provision which he disapproves, and shall, within such 10-day period, return a copy of the act and statement with his objections to the Council. If, within 30 calendar days after any such item or provision so disapproved has been timely returned by the Mayor to the Council, two-thirds of the members of the Council present and voting vote to reenact any such item or provision, such item or provision so reenacted shall be transmitted by the Chairman to the President of the United States. In any case in which the Mayor fails to timely return any such item or provision so disapproved to the Council, the Mayor shall be deemed to have approved such item or provision not returned, and such item or provision not returned shall be transmitted by the Chairman to the President of the United States. In the case of any budget act for a fiscal year which is a control year (as defined in § 47-393(4)), this subsection shall apply as if the reference in the second sentence to "ten-day period" were a reference to "five-day period" and the reference in the third sentence to "thirty calendar days" were a reference to "5 calendar days."
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 787, Pub. L. 93-198, title IV, § 404; Oct. 27, 1978, 92 Stat. 2023, Pub. L. 95-526; Apr. 17, 1995, 109 Stat. 116, Pub. L. 104-8, § 202(f)(2).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-227.

1973 Ed., § 1-144.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Temporary Act of 1996 (D.C. Law 11-214, April 9, 1997, law notification 44 DCR 2409).

For temporary (225 day) amendment of section, see § 2 of Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Temporary Act of 1997 (D.C. Law 12-80, March 24, 1998, law notification 45 DCR 2115).

For temporary (225 day) amendment of section, see § 2 of Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Temporary Act of 1998 (D.C. Law 12-214, April 13, 1999, law notification 46 DCR 3836).

Emergency Act Amendments

For temporary enactment of reorganization plan to consolidate all psychiatric services provided to inmates at the D.C. Jail and the Lorton Correctional Facility within the DOC, see § 3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Congressional Review Emergency Act of 1997 (D.C. Act 12-57, March 31, 1997, 44 DCR 2226), and see § 3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Emergency Act of 1997 (D.C. Act 12-201, December 10, 1997, 44 DCR 7600).

For temporary transfer of the Bureau of Correctional Services from the Department of Human Services to the Department of Corrections, see § 2 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Congressional Review Emergency Act of 1997 (D.C. Act 12-57, March 31, 1997, 44 DCR 2226), §§ 2-3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Emergency Act of 1997 (D.C. Act 12-201, December 10, 1997, 44 DCR 7600), and §§ 2-3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Emergency Act of 1998 (D.C. Act 12-510, November 10, 1998, 45 DCR 8149).

For temporary reorganization of the Department of Human Services to transfer the Bureau of Correctional Services from the Department of Human Services to the Department of Corrections, see §§ 2-3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Emergency Act of 1998 (D.C. Act 12-510, November 10, 1998, 45 DCR 8149), and §§ 2-3 of the Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Congressional Review Emergency Act of 1999 (D.C. Act 13-8, February 8, 1999, 46 DCR 2313).

For temporary (90 day) addition of section, see § 1022 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of title D of article VI of D.C. Res. 19-1, see § 401(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 day) amendment of article I of D.C. Res. 19-281, see § 401(p) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Legislative History of Laws

Law 12-256, the "Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections Act of 1998," was introduced in Council and assigned Bill No. 12-452, which was referred to the Committee on the Judiciary. The Bill was adopted on the first and second readings on December 1, 1998, and December 15, 1998, respectively. Signed by the Mayor on December 29, 1998, it was assigned Act No. 12-606 and transmitted to both Houses of Congress for its review. D.C. Law 12-256 became effective on April 20, 1999.

Law 12-261, the "Second Omnibus Regulatory Reform Amendment Act of 1998," was introduced in Council and assigned Bill No. 12-845, which was referred to the Committee of the Whole. The Bill was adopted on the first and second readings on December 1, 1998 and December 15, 1998, respectively. Signed by the Mayor on December 31, 1998, it was assigned Act No. 12-615 and transmitted to both Houses of Congress for its review. D.C. Law 12-261 became effective on April 20, 1999.

Resolutions

Resolution 19-1, the "Rules for the Council of the District of Columbia, Council Period 19 Resolution of 2011", effective January 3, 2011, as amended by D.C. Resolution 19-281, § 3, effective November 1, 2011, and D.C. Law 19-124, § 501(b), effective April 27, 2012, provides as follows:

ARTICLE I--DEFINITIONS.

101. DEFINITIONS.

For the purposes of these Rules, the term:

(1) "Agency" means any of the organizational units of the District of Columbia including, but not limited to, departments, boards, divisions, commissions, and offices, whether subordinate to or independent of the Mayor; except that "agency" shall not include the Council or the District of Columbia courts.

(2) "Auditor" means the Auditor of the District of Columbia as established by section 455 of the Charter (D.C. Official Code § 47-117).

(3) "Bill" means a proposed act of the Council.

(4) "Borrowing request" means a borrowing request submitted by the Mayor to the Council pursuant to section 10 of the Funds Control Act (D.C. Official Code § 47-309).

(5) "Budget" or "budget request" means the entire request for appropriations and loans or spending authority for all activities of all agencies, the Council and the District of Columbia courts, financed from all existing or proposed resources including both operating and capital expenditures.

(6) "Budget of the Council" means the entire request for appropriations by the Council.

(7) "Budget structure resolution" means a resolution submitted by the Mayor to the Council pursuant to section 9 of the Funds Control Act (D.C. Official Code § 47-308).

(8) "Ceremonial resolution" means an expression of appreciation, an honorarium of limited application, or a declaration of no legal effect, which is adopted without objection.

(9) "Chairman" means the Chairman of the Council of the District of Columbia, as established by section 401 of the Charter (D.C. Official Code § 1- 204.01).

(10) "Charter" means title IV of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 774; D.C. Official Code § 1-204.01 et seq.).

(11) "Comprehensive Plan" means the comprehensive plan for the National Capital, including any elements of the plan, as provided in section 423 of the Charter (D.C. Official Code § 1-204.23).

(12) "Control budget act" means an act submitted for consideration by the Council pursuant to section 8 of the Funds Control Act (D.C. Official Code § 47-307) to establish a control budget for the District of Columbia government or to establish as part of a control budget grants awarded during the fiscal year.

(13) "Council" means the Council of the District of Columbia established by section 401 of the Charter (D.C. Official Code § 1-204.01).

(14) "Council fiscal impact statement" means an analysis of the fiscal ramifications of the legislation to the Budget and Financial Plan of the District of Columbia, in accordance with requirements stipulated by the Council Budget Director, which is certified by the Budget Director, appointed pursuant to Rule 264.

(15) "Council Period" means the legislative session of the Council beginning at noon on January 2nd of each odd-numbered year and ending at noon on January 2nd of the following odd-numbered year.

(16) Council website means the website with the address ofhttp:// www.dccouncil.us.

(17) "Engrossing" or "engrossment" means the process by which there is finally prepared the text of a bill that has passed any reading prior to final reading.

(18) "Enrolling" or "enrollment" means the process by which there is finally prepared the text of a measure that has passed final reading.

(19) "Executive Branch" means the Office of the Mayor and any office, department, division, board, commission, or agency under the administrative authority of the Mayor.

(20) "Funds Control Act" means the District of Columbia Funds Control Act of 1980, effective September 26, 1980 (D.C. Law 3-104; D.C. Official Code § 47- 381 et seq.).

(21) "Grant application" means any grant application required to be submitted by the Mayor to the Council pursuant to section 6 of the Funds Control Act (D.C. Official Code § 47-385).

(22) "Gross planning budget resolution" means the gross planning budget resolution submitted by the Mayor for approval by the Council pursuant to section 7 of the Funds Control Act (D.C. Official Code § 47-306).

(23) "Legal holiday" means a legal public holiday of the District of Columbia or the United States as set forth in D.C. Official Code § 28-2701.

(24) "Mayor" means the Mayor of the District of Columbia as established by section 421 of the Charter (D.C. Official Code § 1-204.21).

(25) "Measure" means a proposed act, resolution, or amendment to a proposed act or resolution, a motion pending before the Council or before a committee of the Council, a proposed reorganization plan, reprogramming request, non-offsetting budget modification request, grant application, proposed state plan, contract, or proposed municipal regulation transmitted by law to the Council for its approval.

(26) "Meeting" means the formal convening of a committee or the Council, other than solely for the purpose of receiving testimony, held at a designated time and place for the purpose of transacting public business, including official action of any kind.

(27) "Member" means a member of the Council established by section 401 of the Charter (D.C. Official Code § 1-204.01) and includes the Chairman, unless the context clearly indicates otherwise.

(28) "Normal business hours" means 9:00 a.m. through 5:30 p.m., Monday through Friday, except legal holidays.

(29) "Official action" has the same meaning as in section 742 of the District of Columbia Home Rule Act , approved December 24, 1973 (87 Stat. 774; D.C. Official Code § 1-207.42).

(30) "Person" means an individual, partnership, association, corporation, or any other organization.

(31) "Reading" means, within the meaning of section 412 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 788; D.C. Official Code § 1-204.12), an opportunity for the Members to debate and vote on proposed legislation at a regular or additional legislative meeting of the Council. A reconsideration of legislation after it has been transmitted to the Mayor is considered a "reading" where there has been at least 13 days intervening between the last reading of the legislation and the reconsideration date.

(32) "Recess of the Council" means periods of time during which regularly scheduled meetings of the Council are not held; i.e., the month of August through September 15th, the 9-day period beginning on the Friday immediately preceding Easter, the 17-day period beginning on July 15th of each year, and the 9-day period ending on December 31st of each year.

(33) "Remuneration" means the rate or level of compensation to be paid an employee for the performance of his or her duties up to and including, but no more than, the maximum authorized and appropriated by law.

(34) "Reprogramming Policy Act" means the Reprogramming Policy Act of 1980, effective September 16, 1980 (D.C. Law 3-100; D.C. Official Code § 47-361 et seq.).

(35) "Reprogramming request" means any reprogramming request or budget modification submitted to the Council pursuant to sections 4 and 5, respectively, of the Reprogramming Policy Act (D.C. Official Code §§ 47-363 and 364).

(36) "Resolution" means an expression of a simple determination, decision, or direction of the Council of a special or temporary character and includes actions of the Council concerning its internal management and conduct.

(37) "Short title" means the term by which an act or resolution may be cited.

(38) "State plan approval request" means a request to approve a state plan submitted by the Mayor to the Council pursuant to section 6 of the Funds Control Act (D.C. Official Code § 47-385).

(39) "Subpoena" means subpoena ad testificandum or subpoena duces tecum, or both.

(40) "Transcription" means a verbatim recordation, including a tape recording.

ARTICLE II--ORGANIZATION.

201. OATH OF OFFICE.

(a) On January 2nd of each odd-numbered year, members of the Council whose terms begin at that time shall take and subscribe an oath or affirmation to support the Constitution of the United States and faithfully to discharge the office of member of the Council. The oath of office to the Councilmembers shall be administered by a legally authorized person of the member's choice. The Secretary to the Council shall supply printed copies of the oath, which shall be subscribed by the members and returned to the Secretary and recorded in the Council records as conclusive proof of the fact that the signer took the oath in accordance with law.

(b) A member of the Council whose term of office does not begin at the beginning of a Council Period shall take and subscribe an oath or affirmation described above as soon as practicable after he or she has been duly certified as having been elected or selected for the position.

202. CODE OF OFFICIAL CONDUCT.

(a) Councilmembers and Council staff shall maintain a high level of ethical conduct in connection with the performance of their official duties and shall refrain from taking, ordering, or participating in any official action that would adversely affect the confidence of the public in the integrity of the District government. Council members shall strive to act solely in the public interest and not for any personal gain or take an official action on a matter as to which he or she has a potential conflict of interest created by a personal, family, client, or business interest, avoiding both actual and perceived conflicts of interest and preferential treatment.

(b) Councilmembers and Council staff shall take full responsibility for understanding and complying with the letter and spirit of all laws and regulations governing standards of conduct for District public officials, including those relating to conduct, conflicts of interest, gifts, disclosures, campaign finance, political activity, and freedom of information.

(c) Councilmembers and Council staff shall specifically adhere to the Code of Official Conduct of the Council of the District of Columbia.

(d)(1) The Council shall proactively review the District's overall ethics program, including structure, training, enforcement, and overall ethics culture, and work to comply with national standards for the creation of effective compliance and ethics programs.

(2) The Ethics Counselor for the Council, in coordination with the Office of Campaign Finance, shall conduct mandatory training on the conflict of interest and ethics laws and regulations applicable to Councilmembers and staff on at least an annual basis. Ethics training materials, including summary guidelines to all applicable laws and regulations, shall be prepared by the Ethics Counselor for the Council and made readily available online and in print.

A. EXECUTIVE OFFICERS OF THE COUNCIL.

211. CHAIRMAN.

The Chairman shall be the presiding and chief executive officer of the Council.

212. CHAIRMAN PRO TEMPORE.

In each Council period, the Chairman shall nominate one member as Chairman Pro Tempore who will act in the place of the Chairman when the Chairman is absent or has recused himself or herself. The Council shall act on the Chairman's nomination by resolution.

213. VACANCY IN OFFICE OF CHAIRMAN.

Whenever a vacancy occurs in the Office of the Chairman or the Chairman is serving as Acting Mayor, the Chairman Pro Tempore selected pursuant to section 212 shall convene the Council. The Council, by resolution, shall elect one of its at-large members as Acting Chairman and another at-large member as Acting Chairman Pro Tempore until the vacancy in the Office of Chairman is filled or until the return of the regularly-elected Chairman.

B. COMMITTEE MEMBERSHIP.

221. SELECTION.

At the organizational meeting convened in accordance with section 301 at the beginning of the Council Period, the Chairman shall nominate the chairperson and members of each committee of the Council and the Council shall by resolution act on the Chairman's nominations.

222. CHAIRMAN AS EX-OFFICIO MEMBER.

The Chairman shall be an ex-officio, voting member of all committees and may be counted for purposes of a quorum, but shall not increase the quorum requirement for the committee.

223. VACANCIES.

A vacancy in the membership or chair of a committee shall be filled by appointment by the Chairman, with the approval of the Council by resolution.

224. DISTRIBUTION OF RESPONSIBILITY.

The Chairman and Council shall endeavor to distribute committee responsibility as evenly as possible among the members and in no event shall an individual member chair more than one standing committee. The principle of seniority shall be respected in the assignment of committee chairs.

225. PARTICIPATION OF MEMBERS IN COMMITTEE MEETINGS.

(a) Any member of the Council may attend the meeting of any committee and may participate in committee discussions, but only committee members may make motions and cast votes.

(b) Any member of the Council may participate fully in the hearings of any committee.

226. RULES OF COMMITTEES.

(a) Each committee shall adopt written rules, not inconsistent with these Rules or other applicable law, to govern its procedures. The committee rules, effective when filed in the Secretary's Office, shall incorporate the following principles:

(1) The scheduling of regular meeting days, which shall not be less frequent than monthly, for conducting business;

(2) A procedure for rescheduling or cancelling a regular meeting;

(3) A procedure for holding additional meetings to be called by the chairperson;

(4) A procedure for holding special meetings, which shall be called at the request of a majority of the members of the committee;

(5) Procedures to govern the chair of a committee meeting in the absence of the chairperson;

(6) Procedures for keeping a complete record of all committee action, which shall include roll call votes;

(7) Procedures for making available for inspection by the public, at reasonable times in the office of either the committee or the Secretary to the Council, a description of each amendment, motion, order, or other proposition on which a roll call was taken, the name of each member voting for and against the amendment, motion, order, or proposition, and the names of those members present but not voting;

(8) A procedure for giving notice of hearings consistent with section 422;

(9) Procedures setting a fixed number of members to constitute a quorum for taking testimony and receiving evidence;

(10) The imposition of a 10-minute rule in the interrogation of a witness before the committee, until each member of the committee has had an opportunity to question the witness;

(11) A prohibition against voting upon a measure or recommendation unless a quorum of the committee is actually present;

(12) A requirement that if, at the time of approval of a measure by a committee, a member of the committee gives notice of the intention to file supplemental, minority, or additional views, that member shall be entitled to not less than 5 days, excluding Saturdays, Sundays, and legal holidays, within which to file the views, which shall be included in the report of the committee on the measure;

(13) A procedure for amending the committee rules by a vote of a majority of the committee;

(14) A requirement that if an amendment is orally moved during a committee meeting, it shall, upon request by a member, be reduced to writing and read by the Committee Clerk or other staff of the Committee, and made available for public inspection as soon as practicable;

(15) A requirement for the circulation of notice of the date, hour, and place of all committee meetings to all members of the Council at least 24 hours before the date of the meeting, along with a copy of the agenda of the meeting and a draft of any measures to be considered, unless at least 4 members of the committee agree to a shorter notice;

(16) A procedure for providing at least 24 hours notice to Members and the Secretary to the Council of the cancellation of a regularly scheduled meeting and at least 12 hours notice to Members and the Secretary of the Council of the cancellation of an additional meeting, unless the Members of the Council and the Secretary are given written notice of the cancellation at least 2 hours prior to the scheduled meeting;

(17) A procedure for recessing a meeting which is consistent with Rule 302(c);

(18) A procedure to ensure that meetings of the committee do not conflict with a previously scheduled meeting of another committee; and

(19) A procedure for the adoption of a consent agenda.

(b) The following provisions of these Rules shall be considered rules of committees: 101 (Definitions); 202 (Code of Official Conduct); 203 (Conflict of Interest); 304 (Quorum); 305 (Meetings Open to the Public); 306 (Executive Sessions); 307 (Hearing the Mayor); 321 (Decorum of Members); 322 (Decorum of Members of the Public); 331 (Obtaining the Floor); 332 (Limitations on Debate); 333 (Personal Privilege); 334 (Points of Order); 335 (Appeal); 336 (Extension of Remarks); 341 (Motions Recognized During Debate); 342 (Withdrawal or Modification of Motions); 343 (Amendments to be Written); 351 (Form of Vote); 352 (Voice Votes); 353 (Demand for Roll Call Vote); 356 (Proxy Voting Prohibited); 357 (Reconsideration); 425 (Methods of Notice); 448 (Records of Legislative Meetings); 450 (Effect of End of Council Period); 1001 (Parliamentary Authority); 1002 (Gender Rule of Construction); and 1003 (Suspension of Rules).

(c) Any provision of these Rules that by its terms specifically applies to a committee shall be binding on each committee.

(d) When these rules are used as committee rules, and unless the context dictates a different meaning, the term "Council" means "committee", the term "member" or "member of the Council" means "member of the committee", the term " Chairman" means "Chairperson of the Committee", and the term "Secretary " means "Clerk or other staff of the committee".

(e) A committee may adopt additional rules. Committee rules adopted under this section shall be consistent with these Rules and other applicable law, and shall be filed with the Secretary to the Council.

(f) Each committee shall adopt its rules and appoint committee staff pursuant to section 272 within 14 business days of the organizational meeting held pursuant to section 301 and shall send the adopted rules and staff appointments to the Chairman.

227. COMMITTEE ACTIVITY REPORT.

Each committee shall file a report not later than 30 days prior to the end of each Council period which details its oversight and legislative activities. The format and content of the reports shall be determined by the Secretary

C. STANDING COMMITTEES.

231. COMMITTEE OF THE WHOLE.

(a) The Committee of the Whole is responsible for the annual budget, and amendments, additions, or supplements to the budget; coordinating the Council's relationships with the Congress, the Federal executive branch; monitoring the progress of Council legislation through Congress; monitoring the status of original legislative proposals in Congress that may affect the District of Columbia, the Council, or its legislation; Council appointments to Boards and Commissions; the development of the comprehensive plan and other matters pertaining to land use; public space naming; reapportionment and realignment of the political subdivisions of the District of Columbia; Council administration and personnel; the scheduling of all matters for consideration by the Council in the legislative meeting; legislative matters related to the District of Columbia as a political entity, including voting rights; responsible for coordinating the Council's relationships with appropriate regional, state, and national associations and organizations; labor relations; the Council's relationship with regional authorities and other regional bodies and organizations not specifically assigned to other committees; all matters related to public education, including authorizing public charter schools; cable television; and other matters assigned to it by these Rules or by the Chairman.

(b) The Chairman of the Council is the Chairman of the Committee of the Whole and its members include all members of the Council. The Committee of the Whole shall meet on the third Tuesday of each month, except during periods of Council recess, in a work session to consider measures which have been reported and timely filed by committees pursuant to subsection (c) of this section, and for the introduction and referral of legislation. The Chairman shall prepare the agenda for each meeting of the Committee of the Whole. The Chairman may not withhold a measure duly reported and timely filed by another committee from the Committee of the Whole agenda unless the Committee of the Whole votes to table the measure.

(c)(1) Except as provided in section 339, each bill and resolution reported by the committees of the Council identified in sections 232 to 242 shall be referred to the Committee of the Whole for a review of its legal sufficiency and technical compliance with the drafting rules of the Council; for ascertaining completion of the record; for a determination of the sufficiency of the fiscal impact statement required by section 443(c); and for scheduling for the Legislative Meeting.

(2) No bill or resolution may be reported by a committee of the Council for consideration at the Committee of the Whole unless it is accompanied by a fiscal impact statement.

(3) Amendments made by committees that are outside the legislative jurisdiction of the committee shall be referred to the relevant committee before the legislation is agendized for the legislative meeting at the Committee of the Whole.

(d) The following agencies shall come within the purview of the Committee of the Whole:

Council of the District of Columbia

District of Columbia Auditor

Metropolitan Washington Airports Authority

Metropolitan Washington Council of Governments

National Capital Planning Commission

Office of Budget and Planning

Office of Labor Relations and Collective Bargaining

Office of Cable Television

Public Access Corporation

Office of Planning

Tobacco Settlement Financing Corporation

Office of Zoning

Board of Zoning Adjustment

Zoning Commission of the District of Columbia

District of Columbia Public Schools

Office of the State Superintendent of Education

University of the District of Columbia

Office of Public Education Facilities Modernization

Office of the Deputy Mayor for Education

District of Columbia Public Charter School Board

(e)(1) The Subcommittee on Redistricting, as delegated by the Committee of the Whole, shall be responsible for developing a realignment and reapportionment of the District's political subdivisions based on the 2010 Census.

(2) The following agencies come within the purview of the Subcommittee on Redistricting:

Any entity created to develop a redistricting proposal.

232. COMMITTEE ON AGING AND COMMUNITY AFFAIRS.

(a) The Committee on Aging and Community Affairs is responsible for the concerns of the aging; matters regarding Advisory Neighborhood Commissions; human rights; Latino, African, Asian and pacific islander affairs; gay, lesbian, bisexual and transgender affairs; issues related to women; and veterans affairs.

(b) The following agencies come within the purview of the Committee on Aging and Community Affairs:

Advisory Neighborhood Commissions

Commission on Aging

Office on Aging

Commission on Human Rights

Office of Human Rights

Commission on Latino Community Development

Office of Latino Affairs

Commission for Women

Office on African Affairs

Office of Asian and Pacific Islanders Affairs

Office of Gay, Lesbian, Bisexual, and Transgender Affairs

Office of Veterans Affairs

233. COMMITTEE ON ECONOMIC DEVELOPMENT.

(a) The Committee on Economic Development is responsible for matters related to economic, industrial and commercial development; the disposition of property for economic development purposes; tourism; cultural affairs; international business and affairs; and local business development policy.

(b) The following agencies come within the purview of the Committee on Economic Development:

Deputy Mayor for Economic Development

District of Columbia Small and Local Business Opportunity Commission

Department of Small and Local Business Development

Destination DC

District of Columbia Boxing and Wrestling Commission

Commission on Arts and Humanities

Office of Motion Picture and Television Development

234. COMMITTEE ON FINANCE AND REVENUE.

(a) The Committee on Finance and Revenue is responsible for matters relating to taxation and revenue for the operation of the government of the District of Columbia; general obligation bond acts, revenue anticipation notes, and industrial revenue bonds.

(b) The following agencies come within the purview of the Committee on Finance and Revenue:

Board of Real Property Assessments and Appeals

District of Columbia Lottery and Charitable Games Control Board

Multistate Tax Commission

Office of the Chief Financial Officer

Office of Financial Management

Office of Financial Operations

Office of Finance and Treasury

Office of Tax and Revenue

Washington Convention and Sports Authority

235. COMMITTEE ON GOVERNMENT OPERATIONS AND THE ENVIRONMENT.

(a) The Committee on Government Operations and the Environment is responsible for matters relating to elections, campaign finance, general services, personnel, including employee appeals and general administration of the government of the District of Columbia; maintenance of public buildings, property management, including the declaration of government property as no longer required for public purposes; grants management; government procurement; matters relating to the general operations and services of government; and matters relating to environmental protection regulation and policies.

(b) The following agencies come within the purview of the Committee on Government Operations and the Environment:

Contract Appeals Board

Department of Human Resources

Department of Real Estate Services

District of Columbia Board of Elections and Ethics

District of Columbia Retirement Board

District Department of the Environment

Environmental Planning Commission

Office of the Chief Technology Officer

Office of the City Administrator

Office of Contracting and Procurement

Office of Disability Rights

Office of Employee Appeals

Office of Energy

Office of Grants Management

Office of the Inspector General

Office of the Mayor

Office of Policy and Legislative Affairs

Office of Press Secretary

Office of Risk Management

Public Employees Relations Board

Secretary of the District of Columbia

236. COMMITTEE ON HEALTH.

(a) The committee is responsible for matters concerning health and environmental health, except for rodent control; the regulation of health occupations and professions, and health care inspectors.

(b) The following agencies come within the purview of the Committee on Health:

Department of Health

Department of Mental Health

Department of Health Care Finance

Board of Chiropractic

Board of Dentistry

Board of Dietetics and Nutrition

Board of Marriage and Family Therapy

Board of Massage Therapy

Board of Medicine

Board of Nursing

Board of Nursing Home Administration

Board of Occupational Therapy

Board of Optometry

Board of Pharmacy

Board of Physical Therapy

Board of Podiatry

Board of Professional Counseling

Board of Psychology

Board of Respiratory Care

Board of Veterinary Examiner

Statewide Health Coordinating Council

237. COMMITTEE ON HOUSING AND WORKFORCE DEVELOPMENT.

(a) The Committee on Housing and Workforce Development is responsible for matters related to development, maintenance, preservation, and regulation of the housing stock, including rental housing; and neighborhood development, improvement, stabilization, and urban affairs; workforce development issues; employment and manpower development; matters related to Statehood and self-determination for the District; and ex-offender affairs.

(b) The following agencies come within the purview of the Committee on Housing and Workforce Development:

Department of Housing and Community Development or any successor agency

District of Columbia Housing Authority

Housing Finance Agency

Housing Production Trust Fund Board

Rental Housing Commission

Department of Employment Services

Apprenticeship Council

Office on Ex-Offender Affairs

District of Columbia Statehood Commission

District of Columbia Statehood Compact Commission

238. COMMITTEE ON HUMAN SERVICES.

(a) The Committee on Human Services is responsible for matters concerning welfare; social services; youth affairs (other than juvenile justice); disability services; and the regulation of alcoholic beverages.

(b) The following agencies come within the purview of the Committee on Human Services:

Alcoholic Beverage Regulation Administration

Board of Social Work

Child and Family Services Agency

Children and Youth Investment Trust Corporation

Department on Disability Services

Department of Human Services

Department of Youth Rehabilitation Services

239. COMMITTEE ON LIBRARIES, PARKS AND RECREATION.

(a) The Committee on Libraries, Parks and Recreation is responsible for all matters related to libraries, public parks and recreation.

(b) The following agencies come within the purview of the Committee on Libraries, Parks and Recreation:

Department of Parks and Recreation

District of Columbia Public Library system

240. COMMITTEE ON THE JUDICIARY.

(a) The Committee on the Judiciary is responsible for matters affecting the judiciary and judicial procedure which are within the authority of the Council; matters affecting decedents' estates and fiduciary affairs; matters affecting administrative law and procedure; matters affecting criminal law and procedure; matters arising from or pertaining to the police and fire regulations of the District of Columbia; and other matters related to police protection, correctional institutions (including youth corrections), fire prevention, emergency medical services, homeland security, criminal justice, and public safety.

(b) The following agencies come within the purview of the Committee on the Judiciary:

Access to Justice Initiative

Child Support Guidelines Commission

Commission on Judicial Disabilities and Tenure

Corrections Information Council

Criminal Justice Coordinating Council

Department of Corrections

Deputy Mayor for Public Safety and Justice

District of Columbia Judicial Nomination Commission

District of Columbia National Guard

District of Columbia Sentencing and Criminal Code Revision Commission

Fire and Emergency Medical Services Department

Forensic Health and Science Laboratories

Homeland Security and Emergency Management Agency

Metropolitan Police Department

Motor Vehicle Theft Prevention Commission

Office of Administrative Hearings

Office of the Attorney General for the District of Columbia

Office of the Chief Medical Examiner

Office of Justice Grants Administration

Office of Police Complaints

Office of Unified Communications

Office of Victims Services

Police Complaints Board

Police Officers' and Fire Fighters Retirement System

241. COMMITTEE ON PUBLIC SERVICES AND CONSUMER AFFAIRS.

(a) The Committee on Public Services and Consumer Affairs is responsible for matters related to consumer and regulatory affairs; public utilities, the regulation of banks and banking activities; securities, and insurance; including private health insurance matters.

(b) The following agencies come within the purview of the Committee on Public Services and Consumer Affairs:

Department of Consumer & Regulatory Affairs

Board of Consumer Claims Arbitration for the District of Columbia

Office of People's Counsel

Public Service Commission

Office of the Tenant Advocate

Department of Insurance, Securities and Banking

Board of Architecture and Interior Designers

Board of Accountancy

Board of Barber and Cosmetology

Board of Professional Engineering

Board of Funeral Directors

Board of Industrial Trades

Board of Real Estate

Board of Real Estate Appraisers

242. COMMITTEE ON PUBLIC WORKS AND TRANSPORTATION.

(a) The Committee on Public Works and Transportation is responsible for matters relating to highways, bridges, traffic, vehicles, the regulation of taxicabs, maintenance of public spaces, recycling, waste management, water supply, and wastewater treatment, and regional public transportation issues.

(b) The following agencies come within the purview of the Committee on Public Works and Transportation:

Department of Motor Vehicles

Department of Public Works

District Department of Transportation

District of Columbia Bicycle Advisory Council

District of Columbia Taxicab Commission

Soil and Water Conservation District

Washington Aqueduct

Washington Metropolitan Area Transit Authority

Water and Sewer Authority

243. SPECIAL COMMITTEE ON INVESTIGATION OF CAPITAL PROJECTS OF THE DEPARTMENT OF PARKS AND RECREATION.

(a) The Special Committee on Investigation of Capital Projects of the Department of Parks and Recreation (Special Committee) shall have jurisdiction over the investigation report issued by the Special Council in Council Period 19 concluding the investigation begun in Council Period 18 into contracts and funds for capital projects of the Department of Parks and Recreation pursuant to the Committee on Libraries, Parks and Recreation Budget Transparency Investigation Authorization Resolution of 2009, effective November 2, 2009 (56 DCR 8724) and the Committee on Libraries, Parks and Recreation Budget Transparency Investigation Amendment Resolution of 2010, effective March 9, 2010 (57 DCR 3210). The Special Committee shall be responsible for receiving the investigation report of the Special Counsel and determining whether to present the report to the Council with recommendations, if any, of the Special Committee.

(b) The Special Committee shall conclude its business and sunset within 120 days following the issuance to it of the investigation report of the Special Counsel.

D. CREATION OF SUBCOMMITTEES.

245. SUBCOMMITTEES.

At or near the beginning of a new Council Period, the Chairman of the Council, shall nominate the chairperson and members of each subcommittee of the Council. The Council shall by resolution act on the Chairman's nominations. A subcommittee may use subpoenas to obtain testimony or documents only if the standing committee of which it is a subcommittee authorizes the issuance of subpoenas. Each bill or resolution reported by a subcommittee shall be referred to its standing committee for a vote and scheduling for the Committee of the Whole. Subcommittees shall comply with the requirements of these Rules.

E. SPECIAL COMMITTEES.

251. CREATION OF SPECIAL COMMITTEES.

Special committees to consider investigations, ethics, and other matters may be created by resolution, approved by 2/3rds of the members of the Council. The resolution shall set forth the jurisdiction, size, duration, and date for final action of the special committee.

252. USE OF SUBPOENAS BY SPECIAL COMMITTEE.

A special committee may use subpoenas to obtain testimony or documents only if the resolution creating the special committee authorizes the issuance of subpoenas. Subpoenas issued by special committees shall comply with the requirements of Article VI of these Rules.

F. SPECIAL PROJECTS.

253. SPECIAL PROJECTS.

Special policy development and oversight projects may be created and funded by a Council resolution. The resolution shall set forth the timetable, budget, goals, and deliverables of the special project, and specify whether the project will be undertaken by a standing or special committee, or another method of organization.

G. APPOINTED OFFICERS OF THE COUNCIL.

261. APPOINTMENT OF OFFICERS.

The appointed officers of the Council are the Secretary, General Counsel, Budget Director, Policy Director, and Chief Technology Officer. The assignment, removal, and remuneration of these officers shall be recommended by the Chairman, and approved by vote of the majority of the Council.

262. SECRETARY.

The Secretary is, and shall also be known as, the chief administrative officer of the Council and is responsible for maintaining records of Council actions including the filing of bills and proposed resolutions, amendments to bills and resolutions, requests for hearings, committee reports, and other records and reports assigned by these Rules, the Council, or the Chairman, and for proposing and administering the fiscal year budget of the Council.

263. GENERAL COUNSEL.

The General Counsel is responsible for advising the Council on matters of parliamentary procedure, identifying legislative problems, providing members with alternatives in terms of policy options to solve those problems, representing the Council in any legal action to which it is a party, supervising the publication of the District of Columbia Official Code, providing legislative drafting assistance to all members, engrossing and enrolling measures, and making necessary technical and conforming changes in measures during enrollment, and shall serve as Ethics Counselor for the Council.

264. BUDGET DIRECTOR.

The Budget Director is responsible for advising members of the Council on matters related to the budget including the development of annual and multiyear budgets and financial plans, review of contracts, and analysis of the fiscal impact of legislation. The budget staff shall also serve as a resource for all Council committees and members.

265. POLICY DIRECTOR.

The Policy Director is responsible for advising members of the Council on policy matters that are presented to the Office of Policy Analysis for its review and to provide comprehensive, independent, and objective research and analysis on defined legislative and policy issues to members of the Council, upon request. The policy analysis staff shall also serve as a resource for all Council committees and their members.

266. CHIEF TECHNOLOGY OFFICER

The Chief Technology Officer is the central technology resource of the Council and is responsible for developing, implementing, and maintaining the Council's technology infrastructure; developing and implementing major enterprise applications; establishing and overseeing technology policies and standards for the Council; providing technology services and support, and developing technology solutions to improve Council services.

H. COUNCIL PERSONNEL AND APPOINTMENTS.

271. SUBORDINATE STAFF OF APPOINTED OFFICERS.

The appointed officers may assign, remove, and determine the remuneration for their respective professional and clerical staffs, subject to appropriations and positions allocated by the Council.

272. COMMITTEE STAFF.

(a) Within 14 business days of the organizational meeting held pursuant to section 301, the chairperson of each committee shall appoint and shall present for the approval of committee members the names and responsibilities of each committee staff person. The chairperson shall remove, and determine the remuneration for the staff of the committee, subject to appropriations and positions allocated by the Council.

(b) The chairperson of each committee shall notify the members of the committee of such action within 3 working days.

273. MEMBERS' PERSONAL STAFF.

Each member may assign, remove, and determine the remuneration for his or her personal staff, subject to appropriations and positions allocated by the Council.

274. COUNCIL APPOINTMENT TO OTHER BODIES.

Where the law provides for the Council to appoint a person to another body, the Chairman shall nominate the person and the Council shall act on the nomination by resolution. A representative appointed by the Chairman or Council shall report to the Council on a periodic basis. The Council may, by resolution, instruct its representative as to the position to take on a particular matter.

275. APPOINTMENT BY COMMITTEES AND MEMBERS.

(a) Where the law provides for a committee to appoint or approve the appointment of a person to a board or commission, the committee shall act on the appointment by committee resolution filed with the Secretary.

(b) Where the law provides for a member to appoint a person to a board or commission, the member shall make the appointment by memoranda filed with the Secretary, which states:

(1) The legal capacity in which the member is acting, e.g., as a member of the Council or as chair or a member of a particular committee;

(2) The date of appointment;

(3) The official name of the board or commission to which the person is being appointed;

(4) The name, complete mailing address, and ward designation of the person appointed;

(5) The law under which the appointment is being made; and

(6) The term of the appointment.

276. RESIDENCY REQUIREMENT FOR APPOINTMENTS.

After January 1, 1987, each member of a District of Columbia board or commission who is not serving as a member of that board or commission as of January 1, 1987, and who is appointed under section 274 or 275, shall be a resident of the District of Columbia at the time of appointment, unless the law or executive order that established the board or commission specifically authorizes the appointment of a nonresident as a member of the board or commission.

ARTICLE III--PROCEDURES FOR MEETINGS.

A. LEGISLATIVE MEETINGS.

301. ORGANIZATIONAL MEETING.

On the first day of each Council Period that is not a Saturday, Sunday, or legal holiday, the Council shall convene an organizational meeting for the purpose of considering the adoption of Rules of Organization and Procedure, selecting a Chairman Pro Tempore pursuant to section 212, appointment of committee chairs and memberships, appointment of members to regional bodies, and appointment of Council officers. If a quorum is not present, the Chairman shall convene an organizational meeting as soon as feasible.

302. REGULAR MEETINGS.

(a) The Council shall hold a regular legislative meeting on the first Tuesday of every month except during a period of recess of the Council. When the day for a regularly scheduled legislative meeting falls on a day designated by law as a legal holiday, the meeting shall be held at the same time on the next succeeding day that is not a holiday. Regularly scheduled legislative meetings shall be held at 10:00 a.m. The Chairman may designate another hour for a meeting at the next legislative meeting or meeting of the Committee of the Whole or by written notice to each member and the Secretary to the Council at least 24 hours before the regularly scheduled hour.

(b) All regular meetings of the Council shall be held in the Council Chamber, Room 500 of the John A. Wilson Building, 1350 Pennsylvania Avenue, N.W., unless another place is designated by a majority of the Council either in a legislative meeting or in writing circulated to all members and the Secretary to the Council not less than 24 hours prior to the scheduled meeting.

(c) If a majority of the Council is present at a regular meeting, the Chairman may recess that meeting to another time, day, or place, or may reschedule a future regular meeting to another time, day, or place.

(d) The Chairman may cancel a future regularly scheduled meeting. The Secretary shall notify each member and the public of a meeting cancellation.

303. ADDITIONAL AND SPECIAL MEETINGS.

(a) The Chairman may call additional meetings of the Council.

(b) Any 2 members may request that the Chairman call a special meeting of the Council. The request must be in writing and filed in the Office of the Secretary. Immediately upon the filing of the request, the Secretary shall notify the Chairman and other members of the filing of the request. If, within 24 hours after the request is filed, the Chairman does not call the requested special meeting, to be held within 72 hours after the request is filed, a majority of the members of the Council may file in the office of the Secretary their written notice that a special meeting of the Council will be held, specifying the date, hour, place, and agenda of the special meeting. The Council shall meet at that date and hour. Immediately upon the filing of the notice, the Secretary shall notify all members of the Council as provided in subsection (c) of this section.

(c) Whenever an additional or special meeting is called, the Secretary shall notify each member in writing not less than 24 hours prior to the additional or special meeting. The Secretary shall provide timely notice of the meeting to the public. The notice shall state the date, hour, place, and agenda of the meeting and may state whether items are to be considered on a consent or non-consent agenda. No matter shall be considered at an additional or special meeting except those stated in the request and notification. An additional meeting to consider an emergency and temporary matter may be called upon shorter notice, if a majority of the members agree in writing to the shorter notice. The Chairman may add emergency and temporary measures to the agenda of an additional meeting with the written agreement of a majority of the Members.

304. QUORUM.

A majority of the members constitutes a quorum for the lawful convening of a Council meeting and for the transaction of business, except that a lesser number may hold hearings. A meeting shall not begin until a quorum is ascertained by the Chairman. After a quorum has been ascertained, the meeting shall proceed, unless a member raises the absence of a quorum, whereupon the Chairman shall direct the calling of the roll and shall announce the result. These proceedings shall be without debate, and until a quorum is present, no debate or motion shall be in order except to recess for 20 minutes to find absent members. After the recess, the roll shall be called again. If a quorum is present, the meeting shall proceed; if a quorum is not present, the meeting shall be adjourned.

305. MEETINGS OPEN TO THE PUBLIC.

All meetings of the Council at which official action is taken shall be open to the public. No resolution, rule, act, or other official action shall be effective unless taken, made, or enacted at an open meeting.

306. EXECUTIVE MEETINGS.

Upon the affirmative vote of a majority of the members present and voting at a public meeting, the Council may conduct a meeting in an executive session to the extent permitted by section 305.

307. HEARING THE MAYOR.

The Mayor has the right to be heard by the Council upon request and at reasonable times set by the Council.

308. RECESS.

(a) Except as set forth in subsection (b) of this section, no bill or resolution, other than an emergency bill or emergency resolution and accompanying temporary bill, or a resolution to approve or disapprove a contract, to be considered at a special or additional meeting called pursuant to these Rules, may be introduced during a recess of the Council. No committee may take official action during a recess of the Council; except that, when specifically authorized to do so by a vote of a majority of the Council, a committee may hold a public hearing or roundtable. A notice of future committee action may be filed during a recess of the Council.

(b)(1) A member of the Council may introduce a resolution approving or disapproving a contract in excess of $1 million or a multiyear contract during any recess period.

(2) A proposed contract in excess of $1 million during a 12-month period or a multiyear contract for goods or services that is required to be submitted to the Council pursuant to section 451 of the District Charter may be transmitted to the Office of the Secretary for the Council during the 30-day period prior to the end of the summer recess of the Council, a committee may hold a public hearing and take official action on the proposed contract in excess of $1 million or multiyear contract during this period, and a member of the Council may introduce a resolution approving or disapproving a contract in excess of $1 million or a multiyear contract during this recess period.

(3) A proposed federal-aid highway contract in excess of $1 million during a 12-month period that is required to be submitted to the Council for its review pursuant to the District Charter may be transmitted to the Office of the Secretary to the Council during a recess of the Council, a committee may hold a public hearing and take official action on the proposed federal-aid highway contract during the recess, and a member of the Council may introduce a resolution approving or disapproving the proposed federal-aid highway contract during the recess and during the 10-day period following submission of the proposed federal-aid highway contract to the Council.

309. COUNCIL REVIEW OF CONTRACTS.

(a) Notwithstanding section 402(b) of these Rules, the time period for Council review of a proposed contract in excess of $1 million during a 12-month period or a multiyear contract that is required to be submitted to the Council pursuant to the District Charter shall begin on the first day (excluding Saturdays, Sundays, and holidays) following its receipt by the Office of the Secretary to the Council. The Secretary to the Council shall ensure that a copy of the proposed contract is designated as urgent and circulated in a folder of a distinctive color to the office of each member of the Council within 24 hours (excluding Saturdays, Sundays, and holidays), following its receipt by the Office of the Secretary to the Council.

(b) The submission of an annual capital program of federal-aid highway projects to the Council for review and approval and approval of the annual program is deemed as approval of the individual contracts that make up the annual program.

(c) The Secretary to the Council shall place an electronic copy of the summary of a proposed contract on the Legislative Information Management System in a manner that it may be accessed through the website of the Council, and on the Council "v" drive within 24 hours (excluding Saturdays, Sundays, and holidays) following its receipt.

B. ORDER OF BUSINESS FOR MEETINGS.

311. ORDER OF BUSINESS FOR REGULAR MEETINGS.

Subject to section 313, the Council shall take up business in the following order unless a different order has been set for a particular meeting by action of the Committee of the Whole:

(1) Call to order at the time and place set forth pursuant to section 302;

(2) Moment of silence;

(3) Determination by the Chairman of the presence of a quorum;

(4) Presentation of ceremonial resolutions;

(5) Secretary's report on the filing of reports by committees, unless the formal reading of the report is waived by unanimous consent;

(6) Secretary's report of the introduction of new bills and proposed resolutions filed with that office, and the introduction by members of new bills and proposed resolutions by reading the short title, unless the formal reading of the report is waived by unanimous consent pursuant to section 404(c);

(7) Approval of the consent agenda without objection by a member;

(8) Reading by short title and votes on proposed ceremonial resolutions;

(9) Final reading by short title and final vote on bills that have been pending at least 13 days since they were previously read;

(10) Reading by titles of reported and discharged bills with a limitation on debate as provided in section 332;

(11) Reading by short title and vote on proposed resolutions except as provided in paragraph (8) of this section;

(12) Reading by short title and vote on resolutions declaring the existence of emergencies and accompanying emergency bills;

(13) Reading by short title and vote on temporary legislation;

(14) Official communications received from the Mayor or an agency; and

(15) Other business.

312. ORDER OF BUSINESS FOR ADDITIONAL AND SPECIAL MEETINGS.

The Council shall take up business in the following order at an additional or special meeting:

(1) The Council shall be called to order at the time and place set forth in the notice of the meeting.

(2) The Chairman shall ascertain the presence of a quorum.

(3) If a quorum is present, the Council shall take up business in the order set forth in the meeting notice.

313. PROCEEDING OUT OF ORDER.

The Chairman, without objection, or upon the vote of a majority of the members present and voting, may take up any item of business out of order.

C. RULES OF DECORUM.

321. DECORUM OF MEMBERS.

(a) Members shall not engage in private discourse or commit any other act tending to distract the attention of the Council from the business before it.

(b) In debate a member must confine remarks to the question at hand, and avoid personalities.

(c) A member in referring to another member should avoid using the member's name, rather identifying that member by ward or at-large status, as the member who last spoke or by describing the member in some other manner.

(d) It is not the person but the measure that is the subject of debate, and it is not allowable to question or impugn the motives of a member, but the nature or consequences of a measure may be condemned in strong terms.

(e) The use of cellular telephones and pagers during meetings or public hearings in the Council Chambers or in any other place where Council committee meetings or public hearings are being conducted is prohibited.

322. DECORUM OF MEMBERS OF THE PUBLIC.

(a) Members of the public shall not commit any act tending to distract the attention of the Council from the business before it.

(b) The Chairman shall maintain order in the Council Chamber. If the Chairman determines that the removal of a person other than a member is necessary to maintain order, after warning the person, the Chairman may order the removal of the disorderly person.

(c) Unless permitted by the Chairman, no member of the public may enter the area designated as the well or the dais of the Council Chamber during an official meeting of the body.

(d)(1) No signs, placards, posters or attention devices of any kind or nature shall be carried or placed within the Council hearing or meeting rooms or Council Chamber. No demonstrations are permitted in the Council Chamber or any area in which a Council proceeding or a public hearing is being conducted. The use of cellular telephones and pagers during meetings or public hearings in the Council Chambers or in any other place where Council committee meetings or public hearings are being conducted is prohibited.

(2) This prohibition shall not apply to armbands, emblems, badges or other articles worn on the personal clothing of individuals; provided, that such armbands, badges or emblems are of such a size and nature as not to interfere with the vision or hearing of other persons at a meeting nor extend from the body as may cause injury to another.

(3) Any person who shall violate the provisions of this subsection, relating to signs, or who shall willfully interrupt or disturb Council proceedings, after warning to desist, may be removed from the premises.

(4) Models, photographs, maps, charts, drawings, and other such demonstrative materials intended for use in a presentation by a specific person in testimony before the Council shall be permitted.

(e) No person, except a member of the Council or Council staff, shall be allowed in the anterooms of the Council Chamber during the course of any hearing or other proceeding of the Council or any committee of the Council except upon invitation of the Chairman or the chairman of the committee holding the public hearing.

D. RULES OF DEBATE.

331. OBTAINING THE FLOOR.

A member who wishes to speak, give notice, make a motion, submit a report, or for any other purpose, shall address and be recognized by the Chairman before addressing the Council.

332. LIMITATIONS ON DEBATE.

(a) No member may be recognized more than one time to debate or make a motion relating to a pending matter until all members who wish to speak have been recognized.

(b) A member may speak no more than 5 minutes during the first round of debate on a pending matter, and no more than 3 minutes on a subsequent round.

(c) Debate may be limited by a motion to move the previous question approved by a majority of the members present and voting.

(d) Following approval of a motion to move the previous question, each member shall be entitled to not more than 2 minutes to debate the pending question and the bill or resolution cannot be further amended absent a motion to reconsider the motion to move the previous question.

(e) Debate on a pending matter may be closed and the matter put to an immediate vote by a motion to close debate approved by 2/3rds of the members present and voting. A motion to close debate shall not be in order unless all members desiring to be heard have had at least one opportunity to speak on the pending matter.

(f) A member may yield all or part of his or her time provided by this section to another member.

(g) A motion to move the previous question or to close debate shall be in order only when a member has been recognized for the purpose of making such a motion.

(h) Motions to move the previous question or to close debate shall not be debatable.

(i) The Chairman may in his or her discretion modify time limitations with respect to specific matters scheduled for debate.

(j) The Chairman may designate a member as a floor manager for the proponents of a measure and a member as a floor manager for the opponents of such measure, giving preference to the committee chair or bill sponsor as the floor manager for the proponents of the measure. Equal time shall be allotted for debate by each side and a floor manager may reallocate his or her time to other members The Chairman shall reserve a sufficient amount of time to allocate to members who neither support nor oppose the legislation at issue.

333. PERSONAL PRIVILEGE.

Any member, as a matter of personal privilege, may speak for a period of not longer than 10 minutes concerning matters which may affect the Council collectively, its rights, its dignity or the integrity of its proceedings, or the rights, reputation, or conduct of its individual members in their representative capacities only.

334. POINTS OF ORDER.

Points of order are debatable only at the discretion of the Chairman. If the Chairman permits debate, he or she has authority to limit it.

335. APPEAL.

An appeal may be taken from any decision of the Chairman. A member must state his or her reasons for appealing a decision, to which the Chairman may respond. Appeals must be acted upon immediately. An affirmative vote of 1/2 of the members present and voting is required to sustain the Chairman.

336. EXTENSION OF REMARKS.

(a) A member, with the unanimous consent of the members present at any meeting, may revise and extend his or her remarks made at a meeting. No member may make an extension or revision of remarks which would cause another member's comments to be taken out of context. The official transcript of a meeting shall be annotated to indicate the extension or revision of remarks.

(b) Extensions of remarks must be filed with the Secretary within 2 days after the first transcript of the remarks have been received in the member's office. Saturdays, Sundays, and legal holidays shall not be included in computing time under this section.

337. RECOGNITION OF NON-MEMBERS.

The Chairman may recognize a member of the public or an employee of the District of Columbia government if the participation of the person would, in the judgment of the Chairman, enhance the understanding of the matter under consideration by the Council. Recognition of a non-Councilmember during a legislative meeting shall be limited to situations in which emergency action by the Council is under consideration.

338. PRESENTATION OF CEREMONIAL RESOLUTIONS.

(a) Ceremonial resolutions that have been adopted by the Council may be presented from the well of the Council Chamber during legislative meetings by the member who introduced the resolution, or another member designated by the member introducing the resolution.

(b) During a Council Period, no Councilmember shall be permitted to present more than a total of 8 ceremonial resolutions at legislative meetings, except that one member may yield his or her right to present ceremonial resolutions under this section to another member.

(c) No Councilmember shall be permitted to speak more than 2 minutes on each ceremonial resolution.

(d) No recipient of a ceremonial resolution shall be permitted to present a display or performance during a legislative meeting.

(e) No more than one recipient for each ceremonial resolution shall be permitted to speak during a legislative meeting.

339. EXPEDITED OPTIONAL PROCEDURE FOR REPROGRAMMINGS, REVENUE BONDS, AND REVIEW RESOLUTIONS.

(a) This section shall apply to a resolution regarding a reprogramming request, revenue bonds, rules, regulations, and other actions that are:

(1) Proposed for promulgation or adoption by an entity other than the Council;

(2) Required by law to be approved, disapproved, or reviewed by the Council prior to taking effect; and

(3) Take effect after a set period of time by operation of law.

(b) A resolution covered by this section may, at the option of the committee chair, be placed on the non-consent agenda of the next regular legislative meeting following approval by a committee, without referral to the Committee of the Whole, if the committee report on the resolution is circulated by the committee chair to all members and the Secretary to the Council within 24 hours of the committee action and before noon of the day preceding the legislative meeting. If a reported resolution is considered at a legislative meeting under this section without prior consideration at a Committee of the Whole meeting, the legal sufficiency, technical compliance with the drafting rules of the Council, completion of the record of the reported resolution, and the sufficiency of the fiscal impact statement, shall be reviewed at the legislative meeting at which it is considered.

(c) When a resolution covered by this section has been reported by the committee to which it was referred, and is scheduled for review in a work session of the Committee of the Whole as provided in section 231, the Chairman may convene a legislative meeting, to immediately follow the Committee of the Whole work session, solely to consider the resolution. A legislative meeting may be convened under this subsection by circulating the reported resolution and a notice, stating the date, hour, place and agenda for the meeting, at least 24 hours before the meeting. This subsection only applies where (1) the period of legislative review will expire before the next regular legislative meeting of the Council, or (2) it is necessary to approve or disapprove the resolution prior to the expiration of the review period.

E. MOTIONS.

341. MOTIONS RECOGNIZED DURING DEBATE.

When a question is under debate, the Chairman may entertain only the following motions, which shall take precedence in the order listed:

(1) To adjourn;

(2) To recess;

(3) To reconsider;

(4) To lay on the table;

(5) To move the previous question;

(6) To close debate;

(7) To postpone to a day certain;

(8) To recommit to committee;

(9) To amend or substitute; or

(10) To postpone indefinitely.

342. WITHDRAWAL OR MODIFICATION OF MOTIONS.

Any motion may be withdrawn or modified by the mover at any time before it has been amended or voted on.

F. AMENDMENTS.

343. AMENDMENTS TO BE WRITTEN.

(a) Members shall endeavor to file amendments to pending bills and resolutions in writing in the Office of the Secretary for circulation to members of the Council at least 24 hours preceding the legislative meeting at which they are to be moved.

(b) Prior to a vote on a measure, oral amendments shall be reduced to writing and read by the General Counsel, and made available for public inspection as soon as practicable.

344. NON-GERMANE AMENDMENTS.

Every amendment proposed to an emergency or temporary measure must be germane to the subject matter of the measure to be amended. A non-germane amendment to a bill requires 2 readings, must include a fiscal impact statement, and be approved by 2/3rds of the members present and voting. To be germane, the amendment is required only to relate to the same subject. It may entirely change the effect of or be in conflict with the spirit of the original motion or measure and still be germane to the subject.

345. FRIENDLY AMENDMENTS.

Without objection, the mover of a motion or a measure may accept a friendly amendment which, if accepted, shall be voted on simultaneously with the motion or measure. A friendly amendment to a second degree amendment shall not be considered a third degree amendment.

346. AMENDMENT IN THE NATURE OF A SUBSTITUTE.

(a) A notice of an intent to move an amendment in the nature of a substitute at a legislative meeting shall be circulated to all Members and the Secretary of the Council no later than 12 p.m. the business day prior to the scheduled legislative meeting.

(b) Whenever an amendment in the nature of a substitute is moved, it shall reflect all substantive changes from the prior version of the legislation (committee print or engrossment) by using strikeovers on the language which is proposed to be deleted from the prior version and an underscore on all new language being added by the amendment in the nature of a substitute.

(c) The mover of an amendment in the nature of a substitute may have a separate amendment considered simultaneously with the amendment in the nature of a substitute.

G. VOTING.

351. FORM OF VOTE.

Voting shall be in the form of "YES", "NO", and "PRESENT". A vote of "PRESENT" shall be deemed the equivalent of an abstention or a non-vote.

352. VOICE VOTES.

Except as provided in Rule 353, votes on all questions shall be by voice, with the results determined by the Chairman. A member's vote upon any matter shall be recorded upon request.

353. DEMAND FOR ROLL CALL VOTE.

Any member, in advance of a vote or promptly thereafter, may demand a roll call vote.

354. CALLING THE ROLL.

When a roll call vote is demanded, the Secretary shall call the roll of the members in rotating alphabetical order so that the member whose name is called first is the same member whose name was called second on the next previous vote, and so on through the roll, so that the member whose name is called last is the same member whose name was called first on the next previous vote. At the end of the roll call, the names of those who failed to answer can be called again, or the chair can ask if anyone entered the room after his name was called. Changes of vote are also permitted at this time, before the result is announced. No member may vote pass more than once on the same amendment or the bill in its entirety. A second vote of pass shall be considered a vote of present.

355. RECORDS OF VOTES.

(a) When a vote on legislation is by voice vote, the Secretary will record all members present as voting "yes" unless there has been a request to be recorded as having voted "no", a member votes "present," or a member has recused himself or herself from voting.

(b) When a roll call vote is demanded, the Secretary will record the names of those voting "YES", "NO", or "PRESENT". Members will be recorded as absent if they are not in the chambers when a vote is taken. Voting records are official records of the Council.

356. PROXY VOTING PROHIBITED.

No proxy shall be permitted either for the purpose of voting or for the purpose of obtaining a quorum.

357. RECONSIDERATION.

(a) Any member recorded as having voted with the prevailing side on a question may move to reconsider the question at any time, except as limited by this section. An act may be reconsidered before it has been approved, deemed approved, or vetoed by the Mayor. A resolution may be reconsidered at any time prior to its implementation. A committee may reconsider its vote to report legislation at any time before the Council votes on the measure.

(b) For the purpose of this rule, any member who was present and voting on a question decided by a voice vote will be considered as having voted with the prevailing side on the question, unless the member had asked to be recorded as voting against the prevailing side or "PRESENT".

(c) A motion to reconsider can not be made by a member who was absent during a voice or roll call vote on a question.

(d) A motion to reconsider requires the approval of a majority of the members present and voting.

(e) When a motion to reconsider a vote is defeated, it cannot be repeated.

(f) A motion to reconsider is not required to consider amendments to move, to strike, or to accept amendments accepted or rejected on a previous reading of a bill.

(g) Votes to approve or amend these Rules may not be reconsidered pursuant to this section.

358. SUMMONS OF MEMBERS.

(a) Prior to the vote on legislation, the Chairman may hold open the calling for the vote for a period of no longer than two minutes. During that time, all members who are absent from the Council Chamber shall be summoned. At the direction of the Chairman, the Secretary shall call the names of the members.

(b) No member may be summoned more than twice at the same legislative meeting.

ARTICLE IV--LEGISLATION.

A. INTRODUCTION OF LEGISLATION.

401. WHO MAY INTRODUCE.

(a)(1) Only members of the Council may introduce legislation for consideration by the Council.

(2) At the time legislation is filed in the Office of the Secretary, the legislation shall be placed on the Council "v" drive.

(b) Any proposed legislation transmitted to the Council by the Mayor or a Charter independent agency submitted in appropriate form and in compliance with these Rules shall be introduced by the Chairman, at the request of the Mayor or a Charter independent agency. Any bill or resolution proposed by the Mayor or a Charter independent agency shall be delivered to the Office of the Secretary the second business day preceding any meeting of the Council as a prerequisite to its introduction or consideration at such meeting. All legislation from the Mayor or a Charter independent agency shall be transmitted to the Council by diskette and hard copy, or any other medium as determined by the Secretary. All confirmation resolutions submitted to the Council by the Mayor shall include a copy of the current resume of the nominee. The Secretary to the Council shall determine whether the proposed legislation is in appropriate form and may return any proposed legislation that is not in appropriate form to the Mayor or the Charter independent agency.

402. MANNER OF INTRODUCTION.

(a) Members of the Council may introduce bills and resolutions either by:

(1) Reading the short title of the bill or resolution, except a ceremonial resolution, during the period of a legislative meeting or a work session of the Committee of the Whole designated for introductions and immediately providing the Secretary with the signed original of the bill or resolution; or

(2) Filing the signed original of the bill or resolution in the office of the Secretary during normal business hours.

(b) Unless specifically provided otherwise by law, no matter transmitted for a period of Council review prior to its taking effect shall be deemed transmitted to the Council or the Chairman, and no time period for Council review shall begin to run until the matter has been formally introduced by the Chairman at a legislative meeting or work session of the Committee of the Whole.

(c) Whenever proposed legislation would require the Secretary to transmit its text or anything associated with the text to a person or organization, the sponsor of the legislation shall provide the Secretary with the last known address of the proposed recipient.

(d) All measures transmitted for introduction by an entity other than the Council shall be addressed to the Chairman and filed in the Office of the Secretary. The Secretary shall circulate the measure in accordance with these rules.

403. INTRODUCTION OF EMERGENCY LEGISLATION.

Emergency legislation and resolutions declaring the existence of emergency circumstances may be introduced as provided in sections 401 and 402 or may be introduced at a meeting called to consider the emergency legislation.

404. READING INTRODUCTIONS.

(a) At each legislative meeting of the Council and work session of the Committee of the Whole, during the period designated for introductions, the Secretary shall read the short titles of bills and proposed resolutions which were introduced, pursuant to section 402(a)(2), between the previous reporting period and the Thursday preceding the legislative or Committee of the Whole work session, giving the numbers assigned as provided in section 445, and the committee assignments as provided in section 405.

(b) Bills and proposed resolutions may not be debated or amended when they are read for introduction, but it is in order for a member to take exception to a committee assignment or to recommend or request that the Chairman make an alternative or additional committee assignment. (c) The formal reading of the Secretary's report as provided in subsection (a) of this section may be waived by unanimous consent.

(d) Notwithstanding other provisions of this section, a member may raise questions regarding committee assignments of legislation included in the Secretary's report without a formal reading of the entire Secretary's report.

(e) No member shall be permitted to introduce more than a total of 3 bills or resolutions at a legislative meeting or Committee of the Whole work session.

(f) No member shall be permitted to speak more than 3 minutes on each bill or resolution that is introduced.

(g) No more than one member shall be permitted to speak on each bill or resolution that is introduced; provided, that a member may yield all or a part of his or her time provided by this subsection to another member.

405. COMMITTEE ASSIGNMENT.

(a) When a bill or proposed resolution is introduced prior to a legislative meeting or Committee of the Whole work session, the Chairman shall assign it to the appropriate committee or committees according to the standards of germaneness, unless the Council retains the measure. When a bill or proposed resolution is introduced at a legislative meeting or Committee of the Whole work session, the Chairman may provisionally assign the bill to a committee or committees. If the Chairman does not assign the bill or proposed resolution to another committee or committees within 72 hours, the assignment shall be deemed official at the end of the 72-hour period. If the Chairman assigns the bill or proposed resolution to another committee, the new assignment shall not become official until the next regularly scheduled legislative meeting or Committee of the Whole work session. The Chairman may assign a bill or proposed resolution for comments at any time.

(b)(1) The Chairman may assign a bill or resolution to 2 or more committees for sequential consideration of all or part of the measure, and may assign all or parts of the measure to other committees for comments.

(2) Where there is a sequential referral, the Chairman may make the referral and specify a time certain by which, once the measure has been voted upon favorably by one committee, the other committees to which the measure has been referred must report the measure. If a committee fails to file a report within the time period specified, the measure shall be deemed discharged from the committee, and the Secretary shall notify the Chairman that the bill or resolution is ready to be agendized for the next scheduled Committee of the Whole meeting. The Committee of the Whole shall consider the bill or resolution as reported out as well as any parts of a measure that have been automatically discharged.

(c) The Chairman may reassign a bill or resolution from one committee to another committee, except that the reassignment shall not become official until it has been noted at a legislative meeting or Committee of the Whole work session where the reassignment may be appealed in the same manner as any other decision of the Chairman.

(d) The Chairman's decisions on committee assignments may be appealed in the same manner as other decisions of the Chairman.

(e) A committee may not consider a bill or proposed resolution until the assignment is deemed official. An assignment is official once members of the Council have had an opportunity to object to the committee assignment at a legislative meeting or Committee of the Whole work session. This subsection shall not apply to matters referred to the Committee of the Whole, if referral to the Committee of the Whole is required by these Rules.

406. COMMENTS BY EXECUTIVE BRANCH.

The Executive Branch may comment on any bill or resolution. Unless otherwise required by law, neither the Council nor a committee must wait for Executive Branch comments before considering the measure.

407. WITHDRAWAL OF LEGISLATION.

(a) Whenever a rule, regulation, or resolution is proposed for promulgation by an entity other than the Council and is required by law to be approved, disapproved, or reviewed by the Council prior to its taking effect and would take effect automatically by operation of law, the proposal may be withdrawn formally by the proposer prior to final Council action or, if the Council takes no action, prior to any time limit imposed by law. The withdrawal shall render the original proposal a nullity as if it were never proposed. These proposed rules, regulations, and resolutions may be withdrawn only by written request transmitted to the Chairman.

(b) Whenever a measure is introduced by a member of the Council, it may be withdrawn formally by the introducer at any time before any action has been taken by the Committee to which it has been assigned (i.e., hearing, markup, or vote). The withdrawal shall be in writing and transmitted to the Secretary to the Council for circulation to the members. The withdrawal shall render the original proposal a nullity as if it were never proposed.

(c) Without objection, a committee chairperson may withdraw, one time only, a measure reported by that committee from Council consideration until the next regularly scheduled meeting.

(d) Notwithstanding subsection (a) of this section, if a member of the Council withdraws a resolution approving or disapproving a contract or reprogramming after the date the contract or reprogramming would otherwise have been deemed approved, the measure shall be deemed approved on the date the resolution is withdrawn, unless it has been deemed approved prior to that time by operation of law.

B. COUNCIL APPROVAL.

411. CONSENT AGENDA.

The Chairman shall prepare a consent agenda for each legislative meeting which shall include bills and resolutions that the Chairman believes will be adopted by unanimous vote. The consent agenda shall be approved by the Committee of the Whole at its work session immediately preceding the legislative meeting for which the agenda was prepared. Without objection, any member of the Council may amend the committee print of a bill or resolution without removing the bill or resolution from the consent agenda, if the amendment is delivered to the Secretary at or before the Committee of the Whole meeting and circulated at the Committee of the Whole meeting. Any member may strike a bill or proposed resolution from the consent agenda at the Committee of the Whole meeting or at the legislative meeting prior to the vote on the consent agenda. Bills and resolutions removed from the consent agenda shall be considered as provided in section 311, except that the Chairman may first consider items removed from the consent agenda. Prior to the vote on the consent agenda at a legislative meeting, and without objection from any other member, a member may request that a measure printed on the non-consent agenda be moved to the consent agenda. Legislation remaining on the consent agenda shall be approved by the Committee of the Whole and shall be considered at the legislative meeting as provided in section 311. Approval of the consent agenda during the legislative meeting will include the unanimous approval of all matters included in the consent agenda. If a member asks for his or her vote to be recorded on a particular measure, the measure shall not be included on the consent agenda.

412. EMERGENCY LEGISLATION.

(a) Where it is proposed that a bill or resolution be passed immediately due to emergency circumstances, the Council may debate the question of the existence of an emergency and then shall vote on whether emergency circumstances exist. If 2/3rds of the members of the Council find that emergency circumstances exist, the Council shall consider the bill on its merits.

(b) For purposes of this Rule, an "emergency" means a situation that adversely affects the health, safety, welfare, or economic well-being of a person for which legislative relief is deemed appropriate and necessary by the Council, and for which adherence to the ordinary legislative process would result in delay that would adversely affect the person whom the legislation is intended to protect.

(c) Emergency legislation shall take effect, according to its terms, either immediately or at a specific time. Pursuant to section 412(a) of the Charter, emergency legislation shall be effective law for not more than 90 days.

413. TEMPORARY LEGISLATION.

If the Council finds the existence of an emergency and approves an emergency bill under section 412, the Council may, at the same legislative meeting, consider a temporary bill on first reading without committee referral. The temporary bill must be substantially similar to the emergency bill and may remain effective for not more than 225 days.

414. DISCHARGE.

The Council, by a vote of 2/3rds of the members present and voting, may discharge a committee from further consideration of a measure that has been assigned to the committee. Upon approval of the discharge motion, the Council shall consider the bill or resolution as if it had been reported from the committee without amendment or modification or reassign the measure to another committee.

415. VETOED LEGISLATION.

Whenever an act of the Council is disapproved by the Mayor and returned to the Council pursuant to section 404(e) of the Charter, the disapproved act shall be the property of the full Council. The Chairman may solicit comments or recommendations on the disapproved act from a committee or committees. A member may move for the Council to reenact the disapproved act prior to the 30-day Council review period provided in section 404(e) of the Charter.

C. NOTICE AND PUBLICATION OF INTENDED ACTIONS.

421. NOTICE TO MEMBERS.

(a) The Secretary shall distribute, upon introduction, a copy of each measure to each member and, upon referral, to each committee to which the measure is assigned. The Secretary shall also distribute to each member, upon introduction or filing, a copy of each notice of public hearing or roundtable, notice of investigation by subpoena, and Mayoral disapproval of a Council act.

(b) Any document that is not required to be distributed under subsection (a) of this section may be distributed electronically, if a member agrees to such notice in writing in advance, and the electronic documents are identical to the documents that are circulated in paper or hard copy, including any attachments, tables, or charts.

(c) Each document required by these Rules to be transmitted to members shall be transmitted to the Council Officers.

422. GENERAL NOTICE BY PUBLICATION OF INTENDED ACTIONS.

(a) Except as provided in these Rules, 15 days notice by publication in the District of Columbia Register is required prior to:

(1) Council adoption of a bill or resolution; and

(2) The conduct of a legislative or investigative hearing.

(b) No prior notice by publication is required for the adoption of a ceremonial resolution, an emergency bill or resolution, a resolution declaring an emergency, or a resolution adopting Council Rules, appointing Council officers and committee chairpersons and members, or pertaining to the internal operation or organization of the Council.

(c) The Council or a committee may recess and reconvene at a future time or place to complete a scheduled hearing without additional notice by publication in the District of Columbia Register; provided, that the committee notifies the Secretary, and the Secretary posts a notice in a prominent place near the entrance of the hearing room or on the Council's official website of the new time or place.

423. PERSONAL SERVICE OR ACTUAL NOTICE.

Notice by publication is not required if all persons subject to an intended action are named, and in accordance with law, either are served personally or have actual notice of the Council's intended action.

424. ABBREVIATED NOTICE.

Less than 15 days notice of intended action or for a hearing on a bill or resolution may be given upon good cause found and published with the notice.

425. METHODS OF NOTICE.

Where not otherwise required by these Rules or other provisions of law to be done in specific fashion, notice of intended actions, hearings, or meetings may be given by:

(1) Publication in the District of Columbia Register;

(2) Publication in one or more newspapers of general circulation;

(3) Mailing notices to a mailing list of organizations and individuals established and maintained by the Secretary;

(4) Use of other news media;

(5) Posting notice in a prominent place in the John A. Wilson Building and other public buildings or posting places;

(6) Facsimile;

(7) E-mail;

(8) Posting on the Council's official website; or

(9) In any other manner directed by the Council.

426. NOTICE OF EMERGENCY ACTIONS.

(a) When an emergency bill or resolution is to be considered, a notice which includes a statement of the reasons for the emergency and the intended effect of the emergency bill or resolution shall be circulated to all members and the Secretary at least by noon on the third day, excluding weekends and holidays, before the legislative meeting at which the emergency action is to be considered, unless the nature of the emergency precludes such notice. If the nature of the emergency precludes the notice, the sponsor of the legislation shall ensure that members have notice at the earliest possible time prior to the meeting at which the emergency legislation is to be considered.

(b) A draft of the emergency bill or resolution shall be circulated to all members and the Secretary by noon on the second business day before the legislative meeting at which the emergency action is to be considered.

(c) Notwithstanding the provisions of subsection (a) of this section, public notice of intended emergency action shall be given prior to adoption of an emergency bill or resolution by at least one method provided in section 425.

427. NOTICE OF TEMPORARY LEGISLATION.

(a) Each temporary bill adopted pursuant to section 413, shall be circulated with the accompanying emergency legislation in accordance with section 426. Following approval on first reading, a notice of intent to adopt the temporary bill on second reading shall be published in the District of Columbia Register.

(b) When temporary legislation is to be considered under section 413, the notice of emergency legislation under section 426 shall include notice of the temporary legislation.

428. NOTICE OF WAIVER OF RULE 231(c).

(a) The notice of a request for a waiver of Rule 231(c) shall be circulated to all members and to the Secretary to the Council no later than noon on the second business day before the legislative meeting at which a measure is to be considered. The notice shall include a rationale for the request.

(b) Prior to approval of a motion to waive Rule 231(c) for a measure, a certification shall be made of its legal sufficiency and technical compliance with the drafting rules of the Council; the completion of the record; and a determination made of the sufficiency of the fiscal impact statement required by section 443(c).

(c) At the time a request to waive Rule 231(c) is circulated to the Chairman, Members, and the Secretary, the committee report shall have been filed in the Office of the Secretary in order for it to be placed on the agenda for the appropriate legislative meeting.

(d) Approval of a motion to waive Rule 231(c) shall require a vote of 2/3rds of the members present and voting.

(e) Rule 231(c) shall not be waived if the legislation includes amendments made by committees that are outside the legislative jurisdiction of the committee.

429. NOTICE OF CEREMONIAL RESOLUTIONS.

Each ceremonial resolution shall be circulated to members and the Secretary to the Council by noon of the day prior to the legislative meeting at which it is to be considered. Without objection, ceremonial resolutions scheduled for presentation at a regularly scheduled legislative meeting, may be presented at the Committee of the Whole scheduled for the same day.

430. NOTICE AND PUBLICATION OF ADOPTED LEGISLATION.

Each act and resolution adopted by the Council shall be filed in the Office of the Mayor for publication in the District of Columbia Register. Except as provided in D.C. Official Code § 2-602, no act or resolution shall become effective until after its publication. Once notice by publication has been given in accordance with this section, no additional notice by publication is necessary for an act completing Congressional review to become effective law as provided in section 602 of the District of Columbia Home Rule Act of 1973, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02).

D. LEGISLATIVE RECORDS.

441. RESPONSIBILITY FOR RECORDS.

(a) The Secretary shall maintain accurate and up-to-date Council records, described in sections 446 and 447, and shall make the records available to the public.

(b) Each committee shall make records on legislation assigned to the committee and on other committee activities and shall file the records with the Secretary as required by these Rules. When the records are in the custody of the committee, the committee shall make them available to the public.

(c) Whenever the Secretary receives a request for information about the operation of the office or intra-office budget expenditures of a particular member, the Secretary shall immediately notify the affected member of the request by providing the member with a copy of the request. Before complying with the request the Secretary shall seek the opinion of the General Counsel on the legality and propriety of disclosing the requested information.

442. FORM FOR INTRODUCTIONS.

(a) Every bill and proposed resolution shall be introduced in typewritten form, signed by the member introducing it, include a long title that identifies the subject matter of the measure, and be in substantial compliance with the form required for final adoption. The Secretary to the Council shall make the determination as to whether the bill or proposed resolution complies with this subsection.

(b) Co-introduction of a bill or a proposed resolution shall be evidenced by the signature of the co-introducer on the face of the measure. Co-sponsorship shall be permitted up to the close of business the day following the legislative meeting or Committee of the Whole work session at which the measure was officially referred or by indication on the record at the legislative meeting.

443. REPORTS ON LEGISLATION.

(a) Each bill or resolution shall be accompanied by a draft report when it is considered by a committee, unless the committee votes to waive this requirement for a particular bill or resolution. In the event of a waiver, the committee shall vote on the draft report at a regularly scheduled, additional, or special meeting of the committee before filing the report and the reported bill or resolution with the Secretary.

(b) Each adopted report on a bill or resolution shall be in writing, signed by the committee's chairperson, accompanied by the final bill or resolution, and contain the following information regarding the reported legislation:

(1) A statement of its purpose and effect;

(2) A chronology of action, including the date of introduction, the date that the notice of hearing was published in the D.C. Register, date and description of any action taken at a committee meeting;

(3) A detailed section-by-section analysis of its provisions;

(4) The committee reasoning;

(5) A fiscal impact statement as provided in subsection (c) of this section;

(6) An analysis of the impact on existing provisions of law that it would modify or affect;

(7) Dissenting, separate, and individual views of committee members, if members demanded the opportunity to state their views;

(8) Any additional information that the committee directs to be included;

(9) A record of the results of a voice vote or, if a roll call, the votes to adopt the legislation and the motion to adopt the report;

(10) Any recorded votes on amendments to the bill;

(11) A list of all introducers and co-sponsors;

(12) The date that the notice of intended action was published in the D.C. Register;

(13) A committee print that states the bill or proposed resolution number of the measure; in the top left-hand corner of the measure the name of the committee, the date of the committee markup, and the words "committee print;

(14) The date of the committee markup shall be the date of the report ;

(15) The committee's response to each relevant issue and concern raised in a recommendation adopted by a resolution of an affected Advisory Neighborhood Commissions, if any;

(16) A list of witnesses who testified at the hearing, or who submitted a statement for the record prior to the deadline established by the committee; and

(17) Any written statements or materials submitted for the record.

(c) Except for emergency declaration, ceremonial, confirmation, and sense of the Council resolutions, no bill, resolution, or amendment to a bill or resolution may be enacted or approved by the Council without a Council fiscal impact statement and worksheet, if applicable, which has been reviewed and approved by the Council Budget Director or the Chief Financial Officer in the measure, committee report, presented to the Council, at the time of its consideration. The Council fiscal impact statement shall include the estimate of the costs which will be incurred by the District as a result of the enactment of the measure in the current and each of the first 4 fiscal years for which the act or resolution is in effect, together with a statement of the basis for such estimate. The statements shall include the following:

(1) A general statement of the effects the measure will have on the operating and capital budgets for the current and next 4 fiscal years;

(2) A quantitative estimate of the expenditures needed to implement the measure;

(3) An identification of the revenues and funds currently available, or likely to be available from existing revenue sources to implement the measure, if it is to be implemented within the current fiscal year;

(4) A statement on the extent to which current appropriations are available to finance implementation of the measure, if it is to be implemented within the current fiscal year; and

(5) An identification of the specific funding source to be recommended in the forthcoming fiscal years to implement the measure, if the cost of implementation is estimated to exceed $100,000 in that fiscal year.

(d) The Budget Director shall file quarterly reports with the Office of the Secretary, no later than 15 days at the end of each quarter, of the bills adopted by the Council which reference that the bills are subject to inclusion in the financial plan and budget or subject to appropriations. The Secretary shall circulate the reports to the Members within 24 hours of receipt.

(e) Each report prepared by the Committee of the Whole on a Council appointment to another body and each report prepared by another committee on a confirmation shall include a current resume of the nominee.

(f)(1) A committee chairperson shall file a reported bill or resolution with the Secretary within 20 days, excluding Saturdays, Sundays, legal holidays, and recesses of the Council, of committee action on the bill or resolution unless the committee votes to reconsider the bill or resolution.

(2) If a committee chairperson has failed to file a reported measure within the period of time specified in paragraph (1) of this subsection, the committee, by a majority vote of the members of the committee, may vote to have the measure as reported filed immediately with the Office of the Secretary, to be agendized at the next scheduled Committee of the Whole meeting.

(g) The Secretary to the Council shall make a determination as to whether the reported bill or proposed resolution and the report on the bill or proposed resolution comply with this section.

444. ADDENDUM TO COMMITTEE REPORTS.

On final passage of a bill, a majority of the members of the Council or the Chairperson of a committee may request that a committee submit an addendum to a committee report that explains the Council reasoning for any amendments where amendments, including amendments in the nature of a substitute, have been passed by the full Council. A committee shall vote on an addendum to a committee report before it may be filed in the Office of the Secretary.

445. IDENTIFICATION OF COUNCIL DOCUMENTS.

(a) Legislative documents shall be identified by a name that describes the type of document and a two part document number.

(b) Legislative documents shall be identified by the following names:

(1) A bill, whether permanent, temporary, or emergency, shall be known as a "Bill";

(2) A resolution, before its adoption, shall be known as a "Proposed Resolution";

(3) An enacted bill signed by the Mayor, a bill vetoed by the Mayor and approved by members of the Council, or an approved initiative certified by the Board of Elections and Ethics shall be known as a "District of Columbia Act";

(4) An adopted resolution shall be known as a "Resolution";

(5) A ceremonial resolution, whether proposed or adopted, shall be known as a "Ceremonial Resolution";

(6) An act that has taken effect following the 30-day Congressional review period shall be known as a "District of Columbia Law";

(7) A proposed reorganization plan shall be known as a "Reorganization Plan";

(8) A request for a reprogramming shall be known as a "Reprogramming Request";

(9) A proposed state plan shall be known as a "Proposed State Plan";

(10) A request for a grant application approval shall be known as a "Grant Application Request"; and

(11) A request for a non-offsetting budget modification shall be known as a "Non-offsetting Budget Modification Request".

(c) The Secretary shall assign two-part numbers to Council documents identified in subsection (b) of this section in the order of introduction, filing, adoption, or approval. The first part of the number consists of the current Council Period, and the second part consists of a consecutive serial number beginning with the number "1" in each Council Period.

(d) A report on a measure or a topic shall be titled as a "Report on _______" (with the name to be filled in as appropriate under subsection(b) of this section). Titled reports shall be further identified by (1) a number corresponding to the number, if any, assigned to a measure; or (2) if the report is not on a measure, a sequential number preceded by the year filed.

446. LEGISLATIVE FILES.

The Secretary shall maintain an official file on each bill and proposed resolution, which shall include the original of the following:

(1) The introduced version of the bill or proposed resolution;

(2) Any recordings, transcripts, or items submitted for the record of hearings on the legislation;

(3) The committee report on the legislation;

(4) Files transmitted from the committee regarding committee consideration of the bill or resolution;

(5) Any amendments to the bill or proposed resolution presented in legislative meetings;

(6) The engrossed and enrolled versions of the legislation;

(7) Records of the publication and notice given of Council consideration of the legislation; and

(8) Records of official transmittal of the legislation to the Mayor, to Congress, or other agencies or entities as required by law or the legislation.

447. OTHER OFFICIAL RECORDS.

The Secretary shall maintain other official Council records, including, but not limited to the following:

(1) Transcripts and recordings of all legislative meetings;

(2) Tape recordings and minutes of all committee meetings;

(3) Tape recordings and documents submitted for the record of all legislative hearings;

(4) Tape recordings and documents submitted for the record of investigative hearings, recordings and transcripts of depositions and other testimony taken in connection with investigations, and reports of investigations; and

(5) Any other document or record required by law or these Rules to be filed with the Council or with the Secretary.

448. RECORDS OF LEGISLATIVE MEETINGS.

A recording of each legislative meeting shall be produced and maintained by the Office of the Secretary. In addition, the Office of the Secretary shall submit a final agenda with official actions of each legislative meeting for publication in the D.C. Register. A written transcript or a transcription of each legislative meeting shall be made available upon request. The Council may establish a fee to cover the cost of production of any recording or transcript.

449. PUBLIC ACCESS TO RECORDS.

Unless public access is restricted pursuant to section 504, copies of official Council records shall be available for public inspection during normal business hours and shall be available for reproduction and distribution to the public upon request. The Secretary shall establish a schedule of charges for reproduction of documents and recordings, which shall not exceed the total cost of the reproduction. The Secretary may waive charges in cases of financial hardship.

450. EFFECT OF END OF COUNCIL PERIOD.

(a) A bill or resolution that has not been finally adopted by the Council before the end of the Council Period in which it was introduced lapses without prejudice to its reintroduction in a subsequent Council Period. If temporary legislation has been passed on first reading pursuant to section 413 at the last legislative meeting in a Council Period, it may be considered on final reading during the next Council Period. A matter that has been transmitted by the Mayor or an independent agency for a designated period of Council review, that is pending at the end of a Council period, shall be in the same status it was at the end of the prior Council period and the legislation assigned a new number. If notice required by these Rules has been given in the prior Council period, no additional notice shall be required prior to action on the matter.

(b) Legislation that has been finally adopted by the Council during one Council Period shall not lapse simply because any of the following occurs in a subsequent Council Period: it is approved or vetoed by the Mayor, approved by operation of law, reenacted after a veto, submitted to referendum, or transmitted to Congress.

(c) Records of measures that lapsed at the end of a Council Period may be incorporated by reference in the records of substantially similar bills or resolutions considered in a later Council Period, including the record of any hearing or roundtable that was held in a prior Council Period.

451. TRANSMISSION OF ACTS.

The Chairman shall transmit adopted acts to the Mayor and enacted acts to the United States Senate and the United States House of Representatives as required by the Charter.

452. COMMITTEE RECORDS.

Whenever there is a change in the chairperson of a committee, the incumbent committee chairperson shall ensure that official committee files and records are maintained and transmitted to the incoming committee chair.

453. FOIA PROCEDURES.

(a) For purposes of the Freedom of Information Act, D.C. Official Code § 2- 531 et seq., the Secretary to the Council shall be the Council's FOIA Officer.

(b) To ensure accurate and timely compliance with the law, whenever a request is received under the Freedom of Information Act, D.C. Official Code § 2-531 et seq., it shall be forwarded to the Secretary to the Council within one business day of receipt. Once a determination is made, in consultation with the General Counsel, that the request is proper, all information necessary to respond to the request shall be forwarded to the Secretary to the Council.

ARTICLE V--HEARING PROCEDURES.

A. PROCEDURES FOR HEARINGS.

501. AUTHORITY TO CALL HEARINGS.

(a)(1) The Council shall hold a hearing when required by law and may hold a hearing on any matter relating to the affairs of the District. A Council hearing may be called by the Chairman of the Council.

(2) A hearing shall be held on all permanent bills prior to final adoption by the Council. A hearing or roundtable is not required where a hearing on the same or a similar bill was held in the immediately preceding Council Period.

(b) A committee of the Council shall hold a hearing when required by law and may hold a hearing on any matter relating to the affairs of the District that is properly within the committee's jurisdiction as provided in these Rules.

(c) Unless a hearing is required by law or regulation, a committee may hold a roundtable on any matter relating to the affairs of the District that is properly within the committee's jurisdiction as provided in these Rules. A roundtable shall comply with the hearing requirements set forth in this Article. A committee shall not be required to meet the notice requirements of section 422(a)(2) to hold a roundtable, but shall comply with the notice requirements of section 421.

502. QUORUM.

One member of the Council, for the Council, or one member of a committee, for the committee, shall constitute a quorum for the purpose of holding a hearing.

503. PARTICIPATION BY MEMBERS.

(a) Each member may participate in hearings of the Council or of a committee, without regard to whether the member is a member of the committee conducting the hearing.

(b) Each member has a maximum of 10 minutes to question each witness until after each member has had an opportunity to question the witness.

504. OPEN TO PUBLIC.

(a) All hearings shall be open to the public unless, upon good cause shown, a majority of the Council or a committee approves the convening of a hearing in an executive meeting.

(b) Except as provided in subsection (c) of this section, all testimony taken and evidence received in an executive meeting shall be confidential and shall not be released to the public.

(c) Upon good cause shown and after notice as provided in this subsection, a majority of the Council or Committee members may approve the release of testimony or evidence received in an executive meeting. Ten days prior to the release of testimony or evidence under this subsection, the Council or committee must notify, in writing, the affected witness that the Council or committee intends to release the testimony or evidence. Prior to the expiration of the 10-day period, the affected witness may request, in writing directed to the presiding Council or committee member, and the Council or committee may consider withholding the testimony or evidence described in the notice.

(d) If a committee, in the publication of notice of a public hearing, sets a deadline before which a member of the public must contact the committee to be permitted to be a witness at the public hearing, then at the time that the public hearing is held, each member of the public who complied with the committee's requirements shall be given an opportunity to testify.

505. EXTENSION OF REMARKS.

(a) A member, with the unanimous consent of the members of the Council or Committee holding a hearing who are present at the hearing, may revise and extend his or her remarks made at the hearing. No member may make an extension or revision of remarks that would cause another member's comments to be taken out of context. The official transcript of a hearing shall be annotated to indicate the extension or revision of remarks.

(b) The extension of remarks must be filed with the Secretary within 2 days after the first transcript of the remarks have been received in the member's office. Saturdays, Sundays, and legal holidays shall not be included in computing time under this section.

506. RECESS.

A hearing may be recessed at any time by the member presiding over the hearing consistent with section 422(c).

B. RECEIVING TESTIMONY.

511. QUESTIONING WITNESSES.

Witnesses may be questioned by members of the Council or committee and, with the consent of the Chairman or presiding member, by authorized Council or committee staff, or counsel advising the Council or committee.

512. DECORUM OF WITNESSES.

(a) A witness may address a member only through the presiding member.

(b) A witness shall confine his or her remarks to the question under discussion and shall avoid making negative personal comments.

(c) The presiding member shall maintain order in the hearing and, after issuing a warning, may order the removal of a disorderly member of the public as provided in section 322.

C. RIGHTS OF WITNESSES.

521. RIGHT TO COUNSEL.

Any witness who appears before the Council or a committee has the right to be represented by counsel.

522. RIGHT TO MAKE OPENING STATEMENT.

Any witness testifying at a hearing of the Council or a committee may submit an opening statement, which shall be placed in the record of the hearing. The presiding member may permit the witness to read his or her statement at the hearing.

ARTICLE VI--INVESTIGATIONS AND SUBPOENAS.

A. PROCEDURES FOR INVESTIGATIONS USING SUBPOENAS.

601. RESOLUTION AUTHORIZING THE USE OF SUBPOENAS IN AN INVESTIGATION.

(a) In order to use subpoenas to obtain testimony or documents, the Council shall adopt a resolution authorizing an investigation by the Council or a special committee.

(b) In order to use subpoenas to obtain testimony or documents, a committee must adopt a resolution of the committee authorizing an investigation subject to the limits of section 501. This resolution must be filed in the Office of the Secretary.

(c) A resolution authorizing an investigation under this section shall delineate the purpose of the investigation and the subject matter to be investigated to afford witnesses adequate notice of the scope of the inquiry.

602. NOTICE OF INVESTIGATION.

Pursuant to section 422, the Secretary shall publish a notice of each investigation authorized under section 601 in the District of Columbia Register, which notice shall include a copy or description of the resolution authorizing the investigation and the date the resolution was filed in the Office of the Secretary.

603. REPORT OF INVESTIGATION.

(a) Within 90 days of the conclusion of an investigation under this article, a committee shall submit to the Council the results of the investigation, unless the Council, by majority vote of the members present and voting, extends the time limit.

(b) The committee, by a majority of the members present and voting, may vote not to release all or part of its report. The Council, by a majority of members present and voting, may direct a committee to release its report under terms that the Council sets.

604. TESTIMONY UNDER OATH.

A witness may be affirmed or sworn to give truthful testimony.

605. ISSUING THE OATH.

Any person authorized by law may issue an oath or affirmation to a witness.

606. DEPOSITIONS.

The Council or committee may authorize a member, committee staff, or counsel advising the committee to take the testimony of witnesses by oral or written depositions.

B. SUBPOENAS.

611. ISSUANCE OF SUBPOENAS.

The Council, any standing committee of the Council, and, if authorized by the Resolution establishing it, any special committee, may subpoena the attendance and testimony of witnesses and the production of documents and other tangible items at meetings, hearings, and depositions in connection with an investigation. Subpoenas shall be issued in the form set forth in Appendix A, and, except as provided in section 613(b), shall be served not less than 5 business days prior to the return date.

612. REPORT TO SECRETARY REGARDING USE OF SUBPOENA.

Prior to issuing a subpoena, a standing or authorized special committee shall submit a report to the Secretary to the Council outlining the nature and scope of the investigation and the type of information sought through the use of the subpoena.

613. SERVICE OF SUBPOENAS.

(a) Except as provided in subsection (b) of this section, subpoenas shall be served personally on the witness or his or her designated agent in one of the following ways, which may be attempted concurrently or successively:

(1) By a special process server, at least 18 years of age, designated by the committee or the Council from among the staff appointed by the Secretary who are not directly involved in the investigation; or

(2) By a special process server, at least 18 years of age, engaged by the committee or the Council for this purpose.

(b) If, after a reasonable attempt, personal service on a witness or witness' agent cannot be obtained, a special process server identified in subsection (a)(1) or (2) of this section may serve a subpoena by registered or certified mail not less than 8 business days prior to the return date.

614. ENFORCEMENT OF SUBPOENAS.

A committee may refer to the Council any case of contumacy by a person subpoenaed to appear before the committee. The Council, by resolution, may refer any case of contumacy by any person subpoenaed by the Council or a committee to the Superior Court of the District of Columbia as provided in section 413 of the Charter (D.C. Official Code § 1-204.13).

C. RIGHTS OF WITNESSES.

621. RIGHT TO ASSERT PRIVILEGES.

(a) A witness has the right to refuse to answer a question that might tend to incriminate him or her by claiming his or her Fifth Amendment privilege against self-incrimination, other Constitutional privileges, or statutory or common law privileges recognized in the Superior Court of the District of Columbia.

(b) If a witness asserts a privilege, the presiding member shall inquire into the witness' reasons for claiming the privilege. If the presiding member determines that the claim of privilege is not warranted, he or she shall direct the witness to answer the question. A witness' continued claim of privilege in the face of an order by the presiding member to answer a specific question constitutes contumacy by the witness.

622. NOTIFICATION OF RIGHTS.

Where a witness under subpoena is not represented by counsel, the presiding member shall advise the witness of his or her privilege against self incrimination.

623. RIGHT TO TRANSCRIPT.

A witness under subpoena is entitled to receive, at the cost of producing it, a written transcript or a transcription of his or her testimony in connection with an investigation.

624. RIGHTS OF PERSONS WHO ARE SUBJECTS OF INVESTIGATIONS.

Any person who is the subject of an investigation authorized under section 601 may submit written questions for the cross-examination of other witnesses at public hearings called by the Council or a committee. With the consent of the members present and voting, the questions may be put to the witness by a member, by an authorized staff member, or by counsel advising the Council or a committee.

625. RIGHTS OF PERSONS IDENTIFIED IN INVESTIGATIONS.

Any person, who is named or specifically identified in connection with an investigation and who believes that the testimony or other evidence or comment by a member of the Council or a committee or its staff does not comport with the truth, may file a sworn statement of facts relevant to the testimony or other evidence or comment complained of.

D. CENSURE, REPRIMAND, AND EXPULSION PROCEDUES.

651. AD HOC COMMITTEES.

(a) An ad hoc committee shall be established for the purposes of considering evidence of a violation of the Code of Conduct, policy, or law and making recommendations for further action. An ad hoc committee shall be established by request of any 5 members of the Council, or if a member is censured by the Ethics Board.

(b) The ad hoc committee shall be composed of 5 members appointed by the Chairman or, if the Chairman is the subject of the request or Ethics Board sanction, by the Chairman Pro Tempore. The committee shall not include the member making the request or the member who is the subject of the request. The committee's proceedings may be conducted in executive session in accordance with Council Rule 504, except that its recommendation for further action shall be made public.

(c) No penalty pursuant to Rules 655 and 656, shall be imposed unless first recommended by an ad hoc committee of the Council.

652. AD HOC COMMITTEE INITIATED BY AN ETHICS BOARD CENSURE

(a) An ad hoc committee shall be established by the Council within 72 hours of a censure of one of its members by the Ethics Board, or as soon as practicable. An ad hoc committee shall consider the findings of the Ethics Board, conduct an investigation if warranted, and report its findings and penalty recommendations, if any, to the Council within 45 days of being convened. The penalty recommendations may include:

(A) Reprimand;

(B) Censure; or

(C) Expulsion.

(b) The Council shall meet to consider the recommendation within 7 days of receiving the recommendations from the committee.

653. AD HOC COMMITTEE BY REQUEST.

(a) A request for censure or expulsion of a member of the Council may be submitted to the Secretary by any 5 members of the Council. The request shall contain the specific charges on which the proposed sanction is based.

(b) The Secretary shall deliver a copy of the request for an ad hoc committee and the charges to each member of the Council at least 48 hours prior to the first meeting of the committee at which the request will be first considered.

(c) The committee's proceedings may be conducted in executive session in accordance with Council Rule 504. The committee shall permit testimony from both the member making the request and the member subject to the request and shall determine whether:

(1) Further investigation of the charges is required to determine if a hearing is warranted;

(2) The matter is to be set for a hearing; or

(3) No further action should be taken with respect to the request.

(d) If the committee determines no further action should be taken with respect to the request, the committee shall report that to the Council at its earliest opportunity. If the committee determines that further investigation is required, the committee shall conduct an investigation and report a summary of its proceedings and its findings, along with penalty recommendations, if any, to the Council at its earliest opportunity. The penalty recommendations, if any, may include:

(A) Reprimand;

(B) Censure; or

(C) Expulsion.

(e) If the committee does not report its recommendation and findings to the Council within 90 calendar days of the receipt of the request to convene the committee, the matter shall be sent to the Council for its consideration.

(f) Upon receipt of the report of the committee, or at the expiration of the time for the committee to report to the Council, the Chairman shall place the matter on the Council's agenda to determine whether or not a hearing is warranted. If the Chairman decides to set the matter for a hearing, it shall be scheduled for no sooner than one week after the determination to hear the matter. Written notice of the hearing shall be delivered in person to the member of the Council who is the subject to the request or to the member's Council office at least 48 hours in advance of the scheduled hearing.

(g)(1) The hearing shall be conducted by the Chairman or, if the Chairman is the subject of the hearing, by the Chairman Pro Tempore. At the hearing, the member of the Council who is the subject of the request shall be given the opportunity to make an opening and a closing statement, to call witnesses on his or her behalf, and to question his or her accusers. The member who is the subject of the request may be represented by a persons of the member's choice whether or not the person is an attorney at law and may have that representatives speak or question witnesses on the member's behalf.

(2) The questioning or cross-examining of witnesses may be reasonably limited by the chair of the hearing.

(3) Testimony shall be taken only from witnesses having direct knowledge of facts or circumstances relevant to the specific charges under consideration.

(4) The rules of evidence and judicial procedure applicable in courts of law shall not be applicable to this hearing, and the procedures shall be generally informal.

(h) Notwithstanding any other provision of this rule, the Chairman, pursuant to an authorizing resolution, may appoint any person or a standing or special committee to perform any investigation required by the rule.

654. REPRIMAND.

(a) A reprimand is a formal statement of the Council officially disapproving the conduct of one of its members. A reprimand shall be directed to a particular member of the Council based on a particular action or set of actions that is determined to be in violation of the Council's Rules, law, or policy, but is considered to be not sufficiently serious to require censure. A reprimand is distinguished from censure in that it is not punishment or discipline and, therefore, does not require an investigation or hearing.

(b) The Council may adopt a resolution of reprimand in the same manner as provided for the adoption of any resolution; provided, that the Councilmember who is the subject of the resolution is permitted to speak in his or her defense prior to action on the motion for adoption of the resolution. The fact that the Councilmember who is the subject of a reprimand does not choose to respond to the resolution or does not attend the meeting at which the resolution is to be adopted shall not prevent the Council from adopting the resolution; provided, that the Councilmember had actual notice of the inclusion of the resolution on the agenda and had a reasonable opportunity to attend the meeting.

655. CENSURE.

(a) Censure is a formal statement of the Council officially disciplining one of its members. It is a punitive action, which serves as a penalty imposed for wrongdoing, but it carries no fine or suspension of the rights of the member as an elected official. Censure should be used for cases in which the Council determines that the violation of law or policy is a serious offense. To protect the overriding principle of freedom of speech, the Council shall not impose censure on any member for the exercise of his or her First Amendment right, no matter how distasteful the expression of that right was to the Council and the District. Nothing in this rule shall be construed to prohibit the Council, as a body, from condemning and expressing its strong disapprobation.

(b)(1) The Council, by a 2/3rd vote, of its members present and voting, may adopt a resolution of censure if it finds, based on substantial evidence, that a Councilmember took an action that amounts to a gross failure to meet the highest standards of personal and professional conduct.

(2) Substantial evidence is proof that a reasonable person would accept as adequate to support a conclusion or decision in favor of censure.

656. EXPULSION.

(a) Expulsion is the most severe punitive action, serving as a penalty imposed for egregious wrongdoing. Expulsion results in the removal of the member. Expulsion should be used for cases in which the Council determines that the violation of law is of the most serious nature, including those violations that substantially threaten the public trust. To protect the exercise of official councilmember duties and the overriding principle of freedom of speech, the Council shall not impose expulsion on any member for the exercise of his or her First Amendment right, no matter how distasteful the expression of that right was to the Council and the District, or in the official exercise of his or her office.

(b)(1) The Council, by a 5/6 vote of its members, may adopt a resolution of expulsion if it finds, based on substantial evidence, that a Councilmember took an action that amounts to a gross failure to meet the highest standards of personal and professional conduct.

(2) Substantial evidence is proof that a reasonable person would accept as adequate to support a conclusion or decision in favor of expulsion.

ARTICLE VII--BUDGET PROCEDURES.

A. BUDGET REVIEW PROCEDURES.

701. ROLE OF THE COMMITTEE OF THE WHOLE.

The Mayor's annual budget request for the District government and any supplement or amendments to the budget submitted to the Council pursuant to section 442(a) of the Charter (D.C. Official Code § 1-204.42(a)) shall be assigned to the Committee of the Whole.

702. BUDGET REVIEW SCHEDULE.

The Council Budget Director, at the direction of the Chairman, shall prepare a budget review schedule that includes a hearing schedule, establishes dates for closing hearing records, a template for the required format of and submitting and filing of committee budget reports, and schedule other Council budget activities as necessary or appropriate. The budget review schedule shall be presented to the Committee of the Whole for approval.

703. ROLE OF COUNCIL COMMITTEES.

(a) Each standing committee shall be responsible, in accordance with the budget review schedule, for reviewing the budget requests for agencies within its purview, including, but not limited to:

(1) Holding public hearings on the proposed budget requests of agencies under the committee's purview and receiving testimony on those budget requests from agency representatives, Advisory Neighborhood Commissions, other organizations, and private citizens;

(2) Recommending funding and personnel levels for each agency under the committee's purview;

(3) Recommending appropriations language changes;

(4) Identifying, for agencies under the committee's purview, any additional budget needs not included in the committee's recommendation under paragraph (2) of this subsection, for which funding is sought;

(5) Identifying legislative actions required to implement committee budget recommendations; and

(6) Identifying issues for further analysis by the Mayor pursuant to section 442(a)(6) of the Charter (D.C. Official Code § 1-204.42(a)(6)).

(b) Each committee shall file, in accordance with the budget review schedule, the original committee markup and report with the Committee of the Whole. No committee shall file markups or reports that result in a net increase in the total amount of the budget request for all agencies under its purview, unless that markup or report also identifies additional revenue sources, additional budget reductions, or both, within the committee jurisdiction, sufficient to provide funding for the increase, unless another committee has directed funds to the committee for a specific purpose.

704. COMMITTEE OF THE WHOLE CONSIDERATION OF BUDGET REQUEST.

(a) The Council Budget Director, at the direction of the Chairman, upon receipt of committee reports and markups, shall prepare a summary of committee recommendations for presentation to the Committee of the Whole. This summary shall also include a comparison of the budget levels recommended by committees with any revenue level recommended by the Council Budget Director, at the direction of the Chairman, and the Chairman.

(b) The Council Budget Director, at the direction of the Chairman, shall refer any additional budget reductions recommended by a committee pursuant to section 703(b) to the committee having purview over the agency affected by the additional budget reduction for review and comment.

(c) The Committee of the Whole shall meet to consider committee reports, recommendations, and comments, and the Chairman's recommendations, if any, and shall proceed to mark up the Mayor's budget request. No amendment shall have the effect of putting the budget out of balance. The Council Budget Director, at the direction of the Chairman, shall prepare a draft report and act reflecting the Committee of the Whole action.

705. COUNCIL CONSIDERATION OF THE BUDGET REQUEST.

Following the markup and report on the full budget request by the Committee of the Whole, the reported budget request shall be presented for a single reading at the next legislative meeting or additional meeting called by the Chairman for that purpose.

706. CONSIDERATION OF GROSS PLANNING BUDGET RESOLUTIONS.

Gross planning budget resolutions, submitted by the Mayor pursuant to section 7 of the Funds Control Act (D.C. Official Code § 47-306), shall be referred to the Committee of the Whole for consideration according to these Rules.

707. CONSIDERATION OF CONTROL BUDGET ACTS.

Control budget acts, submitted by the Mayor pursuant to section 8 of the Funds Control Act (D.C. Official Code § 47-307), shall be referred to the Committee of the Whole for consideration according to these Rules.

B. REPROGRAMMING POLICY ACT PROCEDURES.

711. EFFECT OF RECESS ON PROCEDURES.

Reprogramming requests and non-offsetting budget modification requests may not be submitted to the Council during a recess of the Council. No time period provided in this part for the consideration of the requests will continue to run during a recess of the Council.

712. COMMITTEE REFERRAL OF REQUESTS.

The Chairman may refer reprogramming requests and non-offsetting budget modification requests to the Committee of the Whole. The Chairman may also refer reprogramming requests for comments to the standing committee having oversight responsibility for the program or agency affected.

713. CIRCULATION OF REQUESTS.

The Secretary shall distribute copies of reprogramming requests to all members, pursuant to Rule 421, within one working day of the Chairman's filing of the request with the Secretary.

714. PUBLICATION OF NOTICE.

Upon receipt of a reprogramming request or a non-offsetting budget modification request, the Secretary shall publish a "notice of reprogramming request" or a "notice of non-offsetting budget modification request", as the case may be, in the District of Columbia Register, which, at a minimum, shall include the following:

(1) A description of the action requested and the date the request was received by the Council; and

(2) A statement that the request will be deemed approved 14 days from the date it was received by the Council unless a notice of disapproval has been filed prior to that time by a member of the Council, and that if a notice of disapproval is filed, the request will be deemed approved 30 days from the date the request was received unless, prior to that time, the Council adopts a resolution to disapprove the request.

715. WITHDRAWAL OF REPROGRAMMING REQUESTS.

The Mayor may withdraw a reprogramming request or non-offsetting budget modification request at any time prior to the Council's taking final action on the request, or prior to its taking effect without Council action.

716. REQUIREMENTS FOR DISAPPROVAL OF REQUESTS.

(a) To initiate disapproval of a reprogramming request or a non-offsetting budget modification request, a member of the Council shall file a written notice of disapproval with the Secretary to the Council or give oral notice of disapproval at a legislative meeting of the Council within 14 days after the Council receives the request. The Secretary shall circulate copies of the written notice of disapproval to all members.

(b) If this notice is given, the Council may consider and take final action, as provided in this section, to disapprove the request within 30 calendar days after the Council receives the request.

717. AUTOMATIC APPROVAL OF REQUESTS.

If the notice of disapproval provided in section 716 is not given within 14 days after the Council receives the request, the reprogramming request shall be deemed approved. If the notice is given as provided in section 716(a) and the Council does not take final action to disapprove the request as provided in this section, the reprogramming request shall be deemed approved.

718. TRANSMITTAL TO MAYOR.

The Chairman of the Council shall transmit, by letter to the Mayor, notification of the Council's disapproval or failure to disapprove a reprogramming request.

C. FUNDS CONTROL ACT PROCEDURES.

721. APPLICABILITY OF PROCEDURES.

(a) This part applies to the Council's consideration of grant applications, state plan approval requests, and budget structure resolutions.

(b) Except as provided in subsection (c) of this section, borrowing request resolutions shall be considered in accordance with Council Rules applicable to resolutions.

(c) Committee reports on borrowing requests shall comply, where appropriate, with the requirements for reports on measures set forth in section 443 and may include, but not be limited to:

(1) The amount to be borrowed;

(2) The purposes for which the funds are to be used, by control and responsibility center; and

(3) An identification of the type and amount of revenue anticipated from each source to be used to repay the amount to be borrowed, the anticipated dates of receipt of the funds, and a schedule of repayment of the funds.

722. EFFECT OF RECESS ON FUNDS CONTROL ACT PROCEDURES.

No grant application, state plan approval request, or budget structure resolution may be submitted to the Council during a recess of the Council. No time period provided in this part for the consideration of these matters shall continue to run during a recess of the Council.

723. COMMITTEE REFERRAL OF REQUESTS.

Grant applications, state approval requests, and budget structure resolutions shall be referred to the Committee of the Whole with comments from the standing committee having oversight responsibility for the agency or program affected. Budget structure resolutions shall be referred to the Committee of the Whole.

724. CIRCULATION OF REQUESTS.

Grant applications, state plan approval requests, and budget structure resolutions shall be circulated to all members of the Council within one working day after their receipt.

725. REQUIREMENTS FOR DISAPPROVAL.

(a) To initiate disapproval of a grant application, state plan approval request, or budget structure resolution, a member of the Council shall file a written notice of disapproval with the Secretary to the Council within 14 days after the Council receives the request.

(b) If this notice is given, the Council may consider and take final action, as provided in this section, to disapprove the request within 30 days after the Council receives the request.

726. AUTOMATIC APPROVAL OF REQUESTS.

If the notice provided in section 725(a) is not given within 14 days after the Council receives the request, the grant application, state plan approval request, or budget structure resolution shall be deemed approved. If the notice is given and the Council does not take final action to disapprove the request as provided in this section, the request shall be deemed approved.

727. TRANSMITTAL TO MAYOR.

The Chairman of the Council shall transmit, by letter to the Mayor, notification of the Council's disapproval or failure to disapprove grant applications, state plan approval requests, and budget structure resolutions.

D. SPECIFIED FUNDING ALLOCATION PROCEDURES.

730. REQUIRED INFORMATION PRIOR TO APPROVAL.

(a) To receive an earmarked grant through the budget process or a supplemental budget, each named grantee shall submit 2 copies of the following, postmarked or hand delivered to the Council's Office of the Budget Director no later than 7 calendar days following the date of the scheduled vote of the Council on the Budget Request Act;

(1) The organization's Articles of Incorporation;

(2) Internal Revenue Service certification that the organization is tax-exempt under section 501(c)(3) of the Internal Revenue Code of 1986, approved August 16, 1954 (68A Stat. 163; 26 U.S.C. § 501(c)(3));

(3)(A) The organization's most recent financial audit, not more than 2 years old; or

(B) A recent financial statement, not more than 1 year old, prepared by a certified accountant that shows that the organization is in good financial standing and which delineates its:

(i) Existing assets and liabilities;

(ii) Pending lawsuits, if any; and

(iii) Pending and final judgments, if any;

(4) Internal Revenue Service Form 990 covering the organization's most recently completed fiscal year;

(5) A notarized statement from the grantee certifying that:

(A) The organization is current on District and federal taxes;

(B) The Council of the District of Columbia is authorized to verify the organization's tax status with the District of Columbia Office of Tax and Revenue and the Office of Tax and Revenue is authorized to release this information to the Council, the Mayor, and the D.C. Auditor;

(C) The organization focuses primarily on services to District of Columbia; and

(D) The District government shall have access to its financial, administrative, and operational records, including specific consent for the District of Columbia Auditor to access its books, accounts, records, findings, and documents related to the grant; and

(6) A comprehensive program statement that includes a detailed:

(A) Scope of work; and

(B) Budget that describes how the grant funds shall be spent.

(b) Nothing in this title shall be construed as waiving the requirements to submit information required of all grantees by the grantor agencies or organizations.

(c)(1) If an organization cannot meet the submission requirements established in subsection (b) of this section, the organization shall be required to submit:

(A) A notarized statement designating a nonprofit organization, which does meet the criteria, to serve as its fiscal agent or fiscal sponsor postmarked or hand delivered to the Council's Office of the Budget Director no later than the time prescribed in subsection (a) of this section; and

(B) The information required by subsection (a)(5) of this section.

(2) The fiscal agent or fiscal sponsor shall be required to submit the following, postmarked or hand delivered to the Council's Office of the Budget Director no later than the time prescribed in subsection (a) of this section.

(A) A notarized statement agreeing to serve as fiscal agent or fiscal sponsor; and

(B) The information required by subsection (a) of this section.

(d) All earmarked grants shall be listed in the Budget Support Act to include the grantee name, grant amount, and purpose of the grant. Prior to the second reading of the Budget Support Act, the Council's Budget Director shall certify, which grantees have met the requirements of subsection (a) of this section. Any grantee that has not met the requirements, shall be removed from the Budget Support Act on second reading, and shall not receive funding through an earmarked grant.

731. PROHIBITION ON CONSECUTIVE ALLOCATIONS.

(a) Beginning with the Fiscal Year 2011 budget, an organization shall not receive a specified funding allocation if the organization has received an award in the prior fiscal year.

(b) An organization that receives a specified funding allocation for a capital project shall be limited to only one capital award, annually.

732. LIMITS ON AWARD AMOUNTS.

Specified funding allocations shall be limited to $250,000 for non-capital projects and $1 million for all capital projects.

733. AUDIT REQUIREMENTS.

(a) Grantees shall be notified that the District of Columbia Auditor will randomly audit grant recipients.

(b) The District of Columbia Auditor's report shall be issued no later than March 1st of the fiscal year immediately following the year for which the grant was awarded.

734. DISCLOSURE REQUIREMENTS.

Councilmembers and staff and the officers and directors of a proposed grantee shall be required to disclose the existence of any personal, familial, or financial relationship between a Councilmember or staff and any officer or director of the grantee.

ARTICLE VIII--OFFICIAL MAIL AND LEGAL CORRESPONDENCE.

A. OFFICIAL MAIL.

801. DEFINITIONS.

For the purposes of this article, the term:

(1) "Mass mailing" means the transmission through the mails of more than 100 substantially identical newsletters, news releases or similar types of material during any 30-day period, but shall not include a response to a communication initiated by a constituent.

(2) "Newsletter" or "news release" means the usual and customary correspondence that deals with such matters as the impact of laws and decisions on the government and its citizens, reports on public and official action taken by a Councilmember, and discussions of proposed or pending legislation or governmental action.

(3) "Official mail" means correspondence suitable to be mailed at public expense that pertains directly or indirectly to the legislative process or to a Council legislative function, including any matter related to a past or current Council, the performance of official duties by a Councilmember in connection with a Council function, or other related matters of public concern or public service.

802. CONTENT OF OFFICIAL MAIL.

To be mailed at public expense, a Councilmember's newsletter or report on constituent service activities must come within the definition of "official mail" set forth in section 801 and must conform to the Official Correspondence Regulations, effective April 7, 1977 (D.C. Law 1-118; D.C. Official Code § 2-701 et seq.). ("Official Correspondence Regulations").

803. PERMITTED CATEGORIES OF OFFICIAL MAIL.

Except as otherwise provided in this article or by law or rule, a Councilmember may not mail, as official mail, any matter, article, material, or document for any reason other than the following:

(1) A request for the matter, article, material, or document has been received by the Councilmember;

(2) The document is required by law to be mailed;

(3) The material or matter requests information pertinent to the conduct of the official business of the Council;

(4) The material contains information relating to the activities of the Council or the availability of a Council publication or other document;

(5) The enclosures are forms, blanks, cards, or other documents necessary or beneficial to the administration of the Council;

(6) The materials are copies of federal, state or local laws, rules, regulations, orders, instructions, or interpretations thereof; or

(7) The materials are to be mailed to federal, state, or other public authorities.

804. MARKING REQUIREMENTS FOR ENVELOPES.

An envelope that is used to enclose official mail shall bear upon its facing, in addition to the name and address of the Council, the words "official business."

805. PROHIBITIONS AND FORMAT OF NEWSLETTERS.

(a) A Councilmember may not mail, as official mail, a mass mailing within the 90-day period that immediately precedes a primary, special, or general election in which the Councilmember is a candidate for office.

(b) To be mailed at public expense as official mail, a Councilmember's newsletter or report on constituent service activities may not contain any of the following:

(1) An autobiographical article, except that incidental references to personal matters or to autobiographical information shall not cause the newsletter or report to be non-frankable;

(2) A political cartoon that depicts a recognizable political personality or party;

(3) An announcement of a filing for reelection;

(4) An announcement of a political or partisan meeting;

(5) A reference to a past or future political campaign;

(6) An personal reference that is included for publicity, advertising, or political purposes;

(7) A report on family life, except that information concerning someone in a Councilmember's family who has been appointed or designated to serve in an official governmental capacity shall be permitted;

(8) A direct or indirect solicitation of funds;

(9) An expression of holiday greetings from the Councilmember or the Councilmember's family;

(10) An item that is purely personal to the Councilmember and unrelated to the official duties, activities, and business of the Councilmember;

(11) An article about a community event that is unrelated to official government business; and

(12) A report on non-official activities of the Councilmember that has the effect of lending the franking privilege to others, no matter how worthwhile or charitable the endeavors of those to whom the franking privilege would be loaned.

806. AUTHORIZED USES OF OFFICIAL MAIL.

Section 805 shall not be interpreted to prohibit a Councilmember or the Councilmember's staff from mailing, as official mail, any of the following:

(1) The whole or part of a record, speech, debate, or report of the Council or a committee of the Council;

(2) The tabulation of a Councilmember's vote or explanation of the vote;

(3) An expression of condolences to a person who has suffered a loss or congratulations to a person who has achieved some personal or public distinction;

(4) Information concerning the Councilmember's schedule of meeting constituents;

(5) Information concerning the meeting schedule and agenda for committees and subcommittees upon which the Councilmember serves;

(6) Information concerning financial disclosure information, whether or not required by law;

(7) Matter that consists of federal, state, or local laws, regulations or publications paid for by public funds;

(8) A questionnaire that relates to matters on public policy or administration; and

(9) Matter that contains a picture of the Councilmember or biographical or autobiographical data whenever the matter is mailed in response to a specific request.

807. PHOTOGRAPHS AND SKETCHES CONTAINED IN NEWSLETTERS.

Each photograph or sketch contained in a newsletter or report on constituent service activities shall relate to the official legislative duties of the Councilmember and shall not, because of excessive use and size, have the effect of advertising or publicizing the Councilmember. In addition, to be mailed at public expense as official mail, a newsletter or report on constituent service activities may not contain any of the following:

(1) More than 1 photograph or likeness of the Councilmember appearing alone;

(2) A photographic likeness of the Councilmember appearing alone that covers more than 6% of a single page or that exceeds 6 square inches on 8 1/2<<SYM>> x 11<<SYM>> paper;

(3) More than 2 photographs per page that include the Councilmember with other persons;

(4) Two photographs on a single page that include the Councilmember and exceed 20% of the page;

(5) A photograph of a Councilmember with a label such as "Democrat", "Republican", "Statehood Party", or any other label that purports to advertise the Councilmember rather than to illustrate the accompanying text; and

(6) A photograph that does not relate to, illustrate, or explain the accompanying text.

808. SIZE AND PRINT TYPES FOR NAMES.

(a) A Councilmember's name in the masthead of a newsletter shall not appear in print type larger than 1/2<<SYM>> in height.

(b) A Councilmember's name in the text of a newsletter shall not appear in type style or size larger than the other matter, nor in print size larger than 1/4<< SYM>> in height.

809. USE OF OFFICIAL MAIL BY OFFICIALS-ELECT.

In addition to Councilmembers, the Chairman-elect and members-elect of the Council may mail materials as official mail.

810. GENERAL COUNSEL REVIEW.

The General Counsel shall be available to Councilmembers and their staffs to review materials intended to be mailed as official mail to ensure that the materials comply with the laws and rules governing official mail. Upon written request of a Councilmember, the General Counsel shall provide a written opinion concerning whether the materials, submitted by the Councilmember and intended to be mailed as official mail, comply with the laws and rules governing official mail.

811. APPLICATION.

Article VIII of these Rules shall only apply to mailings that involve public expense.

B. LEGAL CORRESPONDENCE.

851. SERVICE OF PROCESS.

(a) For the purpose of receiving legal correspondence (including summonses, complaints, and subpoenas), the Secretary and the General Counsel may accept service of process for the Council or any Member.

(b) To ensure timely responses to legal pleadings, and to timely assert the Council's legislative privilege for actions taken within the scope of a Member's legislative duties pursuant to D.C. Official Code § 1-301.42, legal correspondence shall be transmitted to the Office of the General Counsel within one business day of receipt.

(c) A Member may not accept service of process of a legal document on behalf of the Council or for another Member.

(d) The Office of the General Counsel shall provide legal representation on behalf of, or make a request of the Office of Attorney General for legal representation for, every Member and Council staff person for actions taken within the scope of their legislative duties.

ARTICLE IX--AUDITOR.

901. SELECTION.

The Chairman shall nominate the Auditor and the Council shall act on the nomination by resolution.

902. TERM AND COMPENSATION.

The Auditor shall serve for a term of 6 years and shall be paid at a rate of compensation as may be established from time to time by the Council.

903. VACANCY.

A vacancy in the Office of the Auditor shall be filled in the manner prescribed for full-term appointments to that office and any person appointed to fill the vacancy shall serve until the end of the predecessor's term.

904. STAFF.

The Auditor shall appoint, remove, and set the relative remuneration (pursuant to the budget of the Office of the Auditor) of the Auditor's subordinate staff.

905. REPORTS AVAILABLE TO THE PUBLIC.

The Council shall make audit reports submitted to the Council by the Auditor, and any other material it deems pertinent to the report, available for public inspection.

ARTICLE X--CONSTRUCTION, SUSPENSION, AND AMENDMENT OF RULES.

1001. PARLIAMENTARY AUTHORITY.

Matters not covered by these Rules will be governed by Robert's Rules of Order, Newly Revised. It is the duty of the Chairman to interpret the Rules. Matters not covered by Robert's Rules of Order, Newly Revised, shall be determined by the Chairman subject to the right of a member to appeal the ruling of the Chairman.

1002. GENDER RULE OF CONSTRUCTION.

Unless the context indicates otherwise, words importing one gender include the other gender.

1003. SUSPENSION OF RULES.

Except for rules regarding notice, quorum, or amendment of these Rules and any requirement of the Charter or other law, any Rule governing procedures of the Council may be suspended during the consideration of a specified matter by motion to suspend the Rules approved by 2/3rds of the members present and voting.

1004. AMENDMENT OF RULES.

(a) These Rules may be amended by a vote of a majority of the Council.

(b) An amendment must be proposed in writing, signed by the proposer, circulated to all members and the Secretary to the Council, and posted in prominent places in the John A. Wilson Building at least 15 days prior to consideration of the amendment.

(c) Seven members may vote to waive or shorten the 15-day notice period.

(d) The current version of these Rules should be featured prominently on the Council website, including any amendments adopted since the rules were first adopted at the organizational meeting held pursuant to section 301.

1005. EFFECTIVE PERIOD.

These Rules shall be effective until superseded by Rules of Organization and Procedure adopted in a succeeding Council Period as provided in section 301.

APPENDIX.

SUBPOENA

TO: ____________________

____________________     (Address)

PURSUANT TO D.C. Official Code §1- 204.13, YOU ARE COMMANDED TO APPEAR before the (Council/Committee on) __________, of the Council of the District of Columbia, at ___(a.m./p.m.) on the day of __________, 20___, to testify before the Council/Committee concerning: __________ and bring with you: __________.

ISSUED BY: ____________________________________________________________________ Chairman/Member of the Council of the District of Columbia

ATTEST: _______________________________________________________________________ Secretary to the Council (Seal of the District)

IMPORTANT: If you fail to appear at the time and place stated or to bring with you the documents or items requested, the Council may refer the matter to the Superior Court of the District of Columbia for an order compelling your attendance or the production of the documents or items requested. Failure to obey such an order may be punished as contempt of Court. DO NOT FAIL TO APPEAR OR PRODUCE THE REQUESTED ITEMS AT THE REQUIRED TIME.

RETURN: I, __________ certify that I served a copy of this subpoena on the named party at ____________________(address), on the __________ day of __________, 20___, at __________, (a.m./p.m.) by the following means:

PROCESS SERVER: ____________________ (Address) Washington, D.C.

DISTRICT OF COLUMBIA: SS

SUBSCRIBED AND AFFIRMED TO ME BEFORE THIS ___ DAY OF __________, 20___ ____________________ NOTARY PUBLIC, D.C.

MY COMMISSION EXPIRES:

You may obtain a copy of the Rules of Organization and Procedure for the Council of the District of Columbia and the Resolution authorizing this investigation from the Council's Legislative Services Division, John A. Wilson Building, Room 10, 1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004

CODE OF OFFICIAL CONDUCT

I. CONFLICTS OF INTEREST

(a) No employee shall use his or her official position or title, or personally and substantially participate, through decision, approval, disapproval, recommendation, the rendering of advice, investigation, or otherwise, in a judicial or other proceeding, application, request for a ruling or other determination, contract, claim, controversy, charge, accusation, arrest, or other particular matter, or attempt to influence the outcome of a particular matter, in a manner that the employee knows is likely to have a direct and predictable effect on the employee's financial interests or the financial interests of a person closely affiliated with the employee.

(b) An employee other than an elected official may seek a waiver, and the prohibition in subsection (a) of this section shall not apply, if:

(1) The employee advises the employee's supervisor and the Ethics Board of the nature and circumstances of the particular matter;

(2) Makes full disclosure of the financial interest; and

(3) Receives in advance a written determination made by both the supervisor and the Ethics Board that:

(A) The interest is not so substantial as to be deemed likely to affect the integrity of the services that the government may expect from such employee; or

(B) Another legally cognizable basis for waiver exists.

(c)(1) Any elected official who, in the discharge of the elected official's official duties, would be required to act in any matter prohibited under subsection (a) of this section shall make full disclosure of the financial interest, prepare a written statement describing the matter and the nature of the potential conflict of interest, and deliver the statement to:

(A) In the case of a member of the Council, the Council Chairman; or

(B) In the case of an elected official other than a member of the Council, the Ethics Board.

(2) Any employee other than an elected official who, in the discharge of the employee's official duties, would be required to act in any matter prohibited under subsection (a) of this section shall:

(A) Make full disclosure of the financial interest;

(B) Prepare a written statement describing the matter and the nature of the potential conflict of interest; and

(C) Deliver the statement to the employee's supervisor, and to the Ethics Board.

(3) During a proceeding in which an elected official would be required to take action in any matter that is prohibited under subsection (a) of this section, the Chairman shall:

(A) Read the statement provided in paragraph (1) of this subsection into the record of proceedings; and

(B) Excuse the elected official from votes, deliberations, and other actions on the matter.

(4) No Councilmember excused from votes, deliberations, or other actions on a matter shall in any way participate in or attempt to influence the outcome of the particular matter, in a manner that is likely to have a direct and predictable effect on the employee's financial interests or the financial interests of a person closely affiliated with the employee.

(5) Upon receipt of the statement provided in paragraph (2) of this subsection, the employee's supervisor shall assign the matter to another employee who does not have a potential conflict of interest.

(d)(1) An employee shall not receive any compensation, salary, or contribution to salary, gratuity, or any other thing of value from any source other than the District government for the employee's performance of official duties.

(2) No employee or member of the employee's household may knowingly acquire:

(A) Stocks, bonds, commodities, real estate, or other property, whether held individually or jointly, the acquisition of which could unduly influence or give the appearance of unduly influencing the employee in the conduct of his or her official duties and responsibilities; or

(B) An interest in a business or commercial enterprise that is related directly to the employee's official duties, or which might otherwise be involved in an official action taken or recommended by the employee, or which is in any way related to matters over which the employee could wield any influence, official or otherwise.

(e) DEFINITIONS. For the purposes of this Rule, the term:

(1) "Affiliated organization" means:

(A) An organization or entity:

(1) In which the employee serves as officer, director, trustee, general partner, or employee;

(2) In which the employee or member of the employee's household is a director, officer, owner, employee, or holder of stock worth $1,000 or more at fair market value; or

(3) That is a client of the employee or member of the employee's household; or

(B) A person with whom the employee is negotiating for or has an arrangement concerning prospective employment.

(2) "Direct and predictable effect" means there is:

(A) A close causal link between any decision or action to be taken in the matter and any expected effect of the matter on the financial interest; and

(B) A real, as opposed to a speculative possibility, that the matter will affect the financial interest.

(3) "Member of the employee's household" means a person who resides in the same household as the employee and is:

(A) A spouse or domestic partner of the employee;

(B) A parent, sibling, or child of the employee or of any person in subparagraph (A) of this paragraph; or

(C) A spouse or domestic partner of any person in subparagraph (B) of this paragraph.

(4) "Particular matter" is limited to deliberation, decision, or action that is focused upon the interests of specific persons, or a discrete and identifiable class of persons.

(5) "Person closely affiliated with the employee" means a spouse, dependent child, general partner, a member of the employee's household, or an affiliated organization.

II. OUTSIDE ACTIVITIES

(a) GENERALLY.

(1) No employee shall engage in outside employment or private activity that conflicts or would appear to conflict with the fair, impartial, and objective performance of the employee's official duties and responsibilities or with the efficient operation of the Council.

(2) Before engaging in outside employment, an employee shall obtain the approval of his or her supervisor.

(b) LIMITATIONS ON PERMISSIBLE ACTIVITIES.

(1) An employee may engage in outside employment or activities such as teaching, writing for publication, consultative activities, and speaking engagements if the activities are:

(A) Consistent with subsection (a) of this Rule;

(B) Not otherwise prohibited by law or regulation; and

(C) Conducted outside of regular working hours, while the employee is on annual leave or leave without pay, or at a minimal level during work hours in a manner that does not interfere with the employee's official duties.

(2) The information used by an employee engaging in outside employment or activities shall not draw on official data or ideas that are not public information, unless the employee has written authorization from the employee's supervisor to use such information.

(c) SPECIFIC RESTRICTION ON REPRESENTATION.

(1) Except as provided in paragraph (2) of this subsection, an employee shall not:

(A) Represent another person, have a financial interest, or provide assistance in prosecuting a claim against the District of Columbia before any regulatory agency or court of the District of Columbia; or

(B) Represent another person before any regulatory agency or court of the District of Columbia in which the District of Columbia is a party or has a direct and substantial interest.

(2) The prohibition in paragraph (1) of this subsection shall not apply to an employee, who, if not inconsistent with the faithful performance of the employee's duties, and acting without compensation, represents:

(A) A person who is the subject of disciplinary or other personnel administration proceedings in connection with those proceedings; or

(B) A nonprofit cooperative, voluntary, professional, recreational, or similar organization or group, if a majority of the organization's or group's members are current officers or employees of the United States government or of the District of Columbia government, or their spouses or dependent children; provided, that this exception shall not apply to any matter that:

(i) Is a claim under paragraph (1)(A) of this subsection;

(ii) Is a judicial or administrative proceeding where the organization or group is a party; or

(iii) Involves a grant, contract, or other agreement (including a request for any such grant, contract, or agreement) providing for the disbursement of federal funds to the organization or group.

III. GIFTS FROM OUTSIDE SOURCES

(a) Except as provided in subsection (c) of this Rule and Rule IV, employees shall not solicit or accept, either directly or indirectly, any gift from a prohibited source.

(b) An employee who receives a gift from a prohibited source shall:

(1) Return the gift to the donor;

(2) Reimburse the donor the market value of the gift; or

(3) If the gift is perishable and it would not be practical to return it to the donor, donate the gift to charity, share it with the office staff, or destroy it.

(c) Notwithstanding subsection (a) of this Rule, an employee may accept the following gifts:

(1) Greeting cards and items with little intrinsic value, such as plaques, certificates, and trophies, which are intended solely for presentation;

(2) Loans from banks and other financial institutions on terms generally available to the public;

(3) Rewards and prizes given to competitors in contests or events, including random drawings, open to the public;

(4) Opportunities and benefits, including favorable rates and commercial discounts:

(A) Available to the public or to a class consisting of all District employees;

(B) Offered to members of a group or class in which membership is unrelated to District employment; or

(C) Offered to members of an organization, such as an employees' association or agency credit union, in which membership is related to District employment if the same offer is broadly available to large segments of the public through organizations of similar size;

(5) Pension and benefits resulting from continued participation in an employee welfare and benefits plan maintained by a former employer;

(6) Anything that is paid for by the Council or the District or secured by the Council or the District under contract;

(7) Any donation accepted by the Council under specific authority, including:

(A) Travel, food, and related expenses accepted by the Council in connection with an employee's attendance at a meeting or similar event that takes place away from the employee's duty station;

(B) Other donations provided in-kind that have been accepted by the Council; or

(C) Anything for which market value is paid by the employee;

(8)(A) Unsolicited gifts having an aggregate market value of $20 or less per source per occasion, provided that the aggregate market value of individual gifts received from any prohibited source under the authority of this paragraph shall not exceed $100 in a calendar year.

(B) Where the market value of a gift or the aggregate market value of gifts offered on any single occasion under this paragraph exceeds $20, the employee may not pay excess value over $20 in order to accept that portion of the gift or those gifts worth $20;

(C) Where the aggregate value of tangible items offered on a single occasion exceeds $20, the employee may decline any distinct and separate item in order to accept those items aggregating $20 or less; or

(D) This paragraph shall not apply to gifts of cash, stock, bonds, or certificates of deposit;

(9) Gifts given to an employee under circumstances that make it clear that the gift is motivated by a family relationship or personal friendship rather than the position of the employee. Relevant factors in making such a determination include the history of the relationship and whether the family member or friend personally pays for the gift;

(10) Reduced membership or other fees for participation in organization activities offered to all District employees by professional organizations if the only restrictions on membership relate to professional qualifications;

(11) Gifts approved in advance by the employee's supervising Councilmember in exceptional circumstances that are disclosed in writing, filed with the Office of the Secretary to the Council, and posted on the Council's website.

(d) A gift that is solicited or accepted indirectly includes a gift given:

(1) With the employee's knowledge and acquiescence to his parent, sibling, spouse, domestic partner, child, or dependent relative because of that person's relationship to the employee; or

(2) To any other person, including any charitable organization, on the basis of designation, recommendation, or other specification by the employee, except as permitted for the disposition of perishable items.

(e) SPECIFIC GIFT RESTRICTIONS. Notwithstanding any other provision in this Code of Conduct, no employee shall:

(1) Solicit or accept anything of value from a registered lobbyist that is given for the purpose of influencing the actions of the employee in making or influencing the making of an administrative decision or legislative action.

(2) Directly or indirectly demand, seek, receive, accept, or agree to receive or accept anything of value personally or for any other person or entity, in return for:

(A) Any official act performed or to be performed by the employee;

(B) Being influenced in the performance of any official act;

(C) Being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the District of Columbia; or

(D) Being induced to do or omit to do any act in violation of the employee's official duty.

(f) DEFINITIONS. For the purposes of this rule, the term:

(1) "Gift" means any gratuity, favor, discount, entertainment, hospitality, loan, forbearance, or other item having monetary value. Gifts may also consist of training, transportation, local travel, lodgings and meals, whether provided in-kind, by purchase of a ticket, payment in advance, or reimbursement after the expense has incurred.

(2) "Prohibited source" means any person or entity that:

(A) Has or is seeking to obtain contractual or other business or financial relations with the District government;

(B) Conducts operations or activities that are subject to regulation by the District government; or

(C) Has an interest that may be favorably affected by the performance or non-performance of the employee's official responsibilities.

IV. CONFERENCES, TRAVEL, AND RECEPTIONS

(a) CONFERENCES AND TRAVEL.

(1) Employees may accept reasonable expenses for food, travel, lodging, and scheduled entertainment to attend a meeting, conference, or to participate in educational travel, if:

(A) The donor is neither a registered lobbyist nor a prohibited source (an entity that has substantial interests before the Council);

(B) The meeting or conference is an organized event;

(C) The topics or subjects are related to official Council business;

(D) The event is widely attended by a range of attendees other than District employees; and

(E) Other attendees are treated similarly in terms of the food, travel, lodging, and entertainment expenses that they are offered.

(2) Spouses and domestic partners of employees may share lodging with the employee who is attending an event under this subsection; however, the spouse or domestic partner may not accept food, travel, or entertainment expenses unless the spouse or domestic partner pays market value for the same.

(3) Employees are encouraged to submit a copy of the itinerary of the meeting, conference, or educational travel in advance to the General Counsel for review.

(b) RECEPTIONS. An employee may accept:

(1) An offer of free attendance at a reception or gala if:

(A) Invited by the organizing event sponsor;

(B) At least 25 persons from outside the District government will be in attendance;

(C) Attendance at the event is open to members from throughout a given industry or profession, or to a range of persons interested in an issue; and

(D) It is connected to the attendee's official Council duties.

(2) Free attendance for one accompanying individual; and

(3) A meal that is offered to all attendees as part of the event.

(c) GIFT BAGS. An employee may not accept a gift bag for an event under subsections (a) or (b) of this Rule if the organizing event sponsor is a prohibited source, unless the contents of the bag meet the requirements under Rule III.

(d) DISCLOSURE. Before accepting anything of value under this Rule, the employee shall obtain the written approval of the employee's supervisor and disclose the offeror, the location of the event, and estimated value to the Office of the Secretary.

V. GIFTS BETWEEN EMPLOYEES

(a) Except as provided in subsections (c) and (d) of this Rule, an employee may not:

(1) Directly or indirectly, give a gift to or make a donation toward a gift for an official superior; or

(2) Solicit a contribution from another employee for a gift to either the employee's official superior or the other employee's official superior.

(b) An employee may not accept a gift, directly or indirectly, from an employee receiving less pay unless:

(1) The two employees are not in a subordinate-official superior relationship; and

(2) There is a personal relationship between the two employees that would justify the gift.

(c) On an occasional basis, including any occasion on which gifts are traditionally given or exchanged, the following may be given to an official superior or accepted from a subordinate or other employee receiving less pay:

(1) Items, other than cash, with an aggregate market value of $20 or less per occasion;

(2) Items such as food and refreshments to be shared in the office among several employees;

(3) Personal hospitality provided at a residence that is of a type and value customarily provided by the employee to personal friends; or

(4) Items given in connection with the receipt of personal hospitality if of a type and value customarily given on such occasions.

(d) A gift appropriate to the occasion may be given to an official superior or accepted from a subordinate or other employee receiving less pay:

(1) In recognition of special, non-recurring occasions of personal significance such as marriage, illness, or the birth or adoption of a child; or

(2) Upon occasions that terminate a subordinate-official superior relationship, such as retirement, resignation, or transfer.

VI. USE OF GOVERNMENT RESOURCES

(a) GENERALLY. Employees shall not:

(1) Use Council time or government resources for other purposes other than official business or government-approved or sponsored activities, with the exception of incidental use of Council time or resources for purposes of scheduling;

(2) Order, direct, or request subordinate employees to perform during regular working hours any personal services not related to official Council functions and activities, with the exception of incidental use of Council time or resources for purposes of scheduling;

(3) Use or permit the use of government resources for other than officially approved purposes, with the exception of de minimis use that does not interfere with an employee's official duties and responsibilities; or

(4) Use or permit the use of government resources to support or oppose any candidate for elected office, to promote a political committee, or to support or oppose any initiative, referendum, or recall measure.

(b) GOVERNMENT RESOURCES AVAILABLE TO THE PUBLIC. Employees are not prohibited from accepting any material, article, or service that is available as part of any District government program or provided free to District residents or visitors.

(c)(1) PRESTIGE OF OFFICE. An employee may not knowingly use the prestige of office or public position for that employee's private gain or that of another.

(2) The performance of usual and customary constituent services, without additional compensation, is not prohibited under paragraph (1) of this subsection.

(3) Council employees shall not use or permit the use of their position or title or any authority associated with their public office in a manner that could reasonably be construed to imply that the Council sanctions or endorses the personal or business activities of another, unless the Council has officially sanctioned or endorsed the activities.

(4) A Councilmember may serve as an honorary chair or honorary member of a nonprofit entity's fundraising event, so long as the entity for which funds are raised supports a nongovernmental bona fide charitable activity. Use of the Councilmember's name or title in fundraising solicitations or announcements of general circulation shall be in accordance with such terms and limitations as the Councilmember may prescribe. The authority granted by this paragraph shall not extend to the use of the Councilmember's name or title in solicitations made by or on behalf of the Councilmember directly to individual contributors.

(d)(1) SPECIAL RULES FOR LETTERS OF RECOMMENDATION. Employees may sign a letter of recommendation using their official titles only in response to a request for an employment recommendation or character reference based upon personal knowledge of the ability or character of an individual or entity with whom they have dealt in the course of their Council employment.

(2) Letters of recommendation may be written on Council letterhead if the applicant is a current or former Council employee or has worked with the Council in an official capacity and the letter relates to the duties performed by the applicant.

(3) If an employee does not have personal knowledge of an individual or entity's work ability or performance, the employee may sign a letter of recommendation on Council letterhead addressing only the character or residence of the individual or entity requesting the letter.

(e) GOVERNMENT RESOURCES, DEFINED. For the purposes of this Rule, "government resources" means any property, equipment, or material of any kind, including that acquired through lease, and the personal services of an employee during his or her hours of work.

VII. USE OF CONFIDENTIAL INFORMATION

Employees and former employees may not:

(1) Willfully or knowingly disclose or use confidential or privileged information acquired by reason of their position without authorization or unless authorized or required by law to do so.

(2) Divulge information in advance of the time prescribed for its authorized issuance or otherwise make use of or permit others to make use of information not available to the general public.

VIII. POST-GOVERNMENTAL EMPLOYMENT CONFLICTS OF INTEREST

(a) PERMANENT RESTRICTIONS ON REPRESENTATION ON PARTICULAR MATTERS. No employee, after the termination of his or her service or employment with the Council, shall knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the District of Columbia, on behalf of any other person (except the District of Columbia) in connection with a particular matter:

(1) In which the District of Columbia is a party or has a direct and substantial interest;

(2) In which the person participated personally and substantially as such officer or employee; and

(3) Which involved a specific party or specific parties at the time of such participation.

(b) TWO-YEAR RESTRICTIONS CONCERNING PARTICULAR MATTERS UNDER OFFICIAL RESPONSIBILITY. No employee shall, within 2 years after the termination of his or her service or employment with the Council, knowingly make, with the intent to influence, any communication to or appearance before any officer or employee of any department, agency, court, or court-martial of the Council, on behalf of any other person (except the District of Columbia), in connection with a particular matter:

(1) In which the District of Columbia is a party or has a direct and substantial interest;

(2) Which the person knows or reasonably should know was actually pending under his or her official responsibility as such officer or employee within a period of one year before the termination of his or her service or employment with the Council; and

(3) Which involved a specific party or specific parties at the time it was pending.

(c) SPECIAL RULES FOR FORMER COUNCIL EMPLOYEES. A former Council employee shall not, within one year after leaving government service or employment, knowingly make, with the intent to influence, any communication to or appearance before the Councilmember for whom the employee worked or any former subordinate employee, on behalf of any other person, other than the District of Columbia, in connection with any matter on which the former employee seeks action by a Councilmember or Council employee in his or her official capacity.

(d)(1) EXCEPTIONS. The prohibitions contained in this Rule shall not apply to acts done in carrying out official duties on behalf of:

(A) The United States or the District of Columbia, as an elected official of a state or local government;

(B) An agency or instrumentality of a state or local government if the appearance, communication, or representation is on behalf of such government; or

(C) An accredited, degree-granting institution of higher education, as defined in the Higher Education Act of 1965, approved November 8, 1965 (79 Stat. 1219; U.S.C. § 1001), or a hospital or medical research organization, exempted and defined under section 501(c)(3) of the Internal Revenue Code of 1986, if the appearance, communication, or representation is on behalf of such institution, hospital, or organization.

(2) Nothing in this Rule shall prevent an individual from giving testimony under oath, or from making statements required to be made under penalty of perjury. Notwithstanding the preceding sentence, a former employee of the Council who is subject to the restrictions in subsection (a) of this Rule with respect to a particular matter may not, except pursuant to court order, serve as an expert witness for any other person, other than the District of Columbia, in that matter.

IX. POLITICAL ACTIVITIES

(a) PROHIBITIONS. No Council employee shall:

(1) Use his official authority or influence for the purpose of interfering with or affecting the result of an election;

(2) Knowingly solicit, accept, or receive a political contribution from any person;

(3) Run for the nomination or as a candidate for election to a partisan political office; or

(4) Knowingly solicit or discourage the participation in any political activity of any person who:

(A) Has a measure pending before the Council; or

(B) Is the subject of or a participant in an ongoing audit, investigation, or enforcement action being carried out by the Council;

(5) Engage in political activity:

(A) While the employee is on duty;

(B) In any room or building occupied in the discharge of official duties by an individual employed or holding office in the District government or in the Government of the United States or any agency or instrumentality thereof;

(C) While wearing a uniform or official insignia identifying the office or position of the employee; or

(D) Using any vehicle owned or leased by the District government or the Government of the United States or any agency or instrumentality thereof.

(b) DEFINITIONS. For purposes of this Rule, the term:

(1) "Employee" shall not include members of the Council.

(2) "Political activity" means an activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group.

(c) CONSTRUCTION. Nothing in this rule should be construed as prohibiting a Council employee from taking an active part in political management or in political campaigns unless the employee's activity is violates subsection (a) of this Rule.

X. OFFICIAL MAIL RULES

(a) DEFINITIONS. For the purposes of this Rule, the term:

(1) "Electronic newsletter" means the transmission through the internet at public expense of more than 500 substantially identical emails during any 30- day period related to a Councilmember's activities, including such matters as the impact of laws and decisions on the government and its citizens, reports on public and official action taken by a Councilmember, and discussions of proposed or pending legislation or governmental action.

(2) "Official mail" means the mail that is either prepaid or postpaid by any branch, division, or other agency of the District government.

(3) "Mass mailing" means the transmission through the mails of more than 100 substantially identical newsletters, news releases or similar types of materials, during any 30-day period.

(b) PERMITTED CATEGORIES OF OFFICIAL MAIL. Except as otherwise provided in this Rule, an employee may not mail, as official mail, any matter, article, material, or document for any reason other than the following:

(1) A request for a matter, article, material, or document that has been previously received by the Council;

(2) The mailing of the document is required by law;

(3) The material or matter requests information pertinent to the conduct of the official business of the Council;

(4) The material contains information relating to the activities of the Council or to the availability of Council publications or other documents;

(5) The enclosures are forms, blanks, cards, or other documents necessary or beneficial to the administration of the Council;

(6) The materials are copies of federal, state, or local laws, rules, regulations, orders, instructions, or interpretations thereof; or

(7) The materials are being mailed to federal, state, or other public authorities.

(c) OFFICIALLY MARKED ENVELOPES. An envelope or other material that is used to enclose official mail shall bear on its face the name and address of the Council and the words "official business." Envelopes and other materials shall not be used to enclose materials, documents, or other articles except those enumerated in subsections (b) and (e) of this Rule or other materials not prohibited by subsection (d) of this Rule.

(d) PROHIBITED USES OF OFFICIAL MAIL BY ELECTED OFFICIALS.

(1) A Councilmember may not mail, as official mail, any mass mailing within the 90-day period that immediately precedes a primary, special, or general election in which the Councilmember is a candidate for office.

(2) A Councilmember may mail, as official mail, news releases or newsletters; provided, that such materials do not contain any of the following:

(A) Autobiographical articles;

(B) Political cartoons;

(C) References to past or future campaigns;

(D) Announcements of filings for reelection;

(E) Announcements of campaign schedules;

(F) Announcements of political or partisan meetings;

(G) Reports on family life; or

(H) Pictures of the official member with any partisan label such as "Democrat," "Republican," "Statehood Party," or any other label which purports to advertise the member rather than to illustrate the accompanying text.

(3) A Councilmember may not use official mail to solicit directly or indirectly funds for any purpose.

(4) A Councilmember may not use official mail for transmission of any matter that is purely personal to the sender or to any other person and is unrelated to the official business, activities, and duties of the member.

(5) A Councilmember may not mail, as official mail, cards or other materials that express holiday greetings from the Councilmember or the Councilmember's family.

(e) AUTHORIZED USES OF OFFICIAL MAIL BY ELECTED OFFICIALS.

(1) The provisions of subsection (d) of this Rule do not prohibit a Councilmember or his or her staff from mailing, as official mail, any of the following:

(A) The whole or part of any record, speech, debate, or report of the Council or any committee thereof;

(B) The tabulation of a Councilmember's vote or explanation thereof;

(C) Matter that expresses condolences to a person who has suffered a loss or congratulations to a person who has achieved some personal or public distinction; provided, that mass mailings of a congratulatory nature that are substantially the same except for individualized addresses are not authorized;

(D) Information concerning the Councilmember's schedule of meeting constituents;

(E) Information concerning the meeting schedule and agenda for committees and subcommittees upon which the official serves;

(F) Information concerning financial disclosure information, whether or not required by law;

(G) Matter that consists of federal, state, or local laws, regulations or publications paid for by public funds;

(H) Questionnaires that relate to matters respecting public policy or administration; and

(I) Matter that contains pictures of the member or biographical or autobiographical data whenever such matter is mailed in response to a specific request therefor.

(f) USE OF ELECTRONIC NEWSLETTERS.

(1) A Councilmember or Council employee shall not transmit an electronic newsletter within the 90-day period immediately before a primary, special, or general election in which the Councilmember is a candidate for office, unless the electronic newsletter conforms with the following requirements:

(A) The recipients have individually subscribed to receive the electronic newsletter;

(B) The electronic newsletter contains a clear and conspicuous notice of the method by which a recipient can request not to receive future electronic newsletters; and

(C) The proposed newsletter has been submitted for review by the General Counsel or the Office of Campaign Finance.

(2) An electronic newsletter shall comply with the requirements of Council Rule 805(b).

(3) An electronic newsletter shall not be transmitted at public expense unless, when viewed as a whole, it:

(A) Is informational rather than self-promotional; or

(B) Is directly related to a Councilmember's official legislative or representative duties.

XI. ETHICS TRAINING, FINANCIAL DISCLOSURES, AND ETHICS COUNSELING

(a) DEFINITIONS. For the purposes of the Code of Conduct, the term:

(1) "Employee" shall include all Council staff and Councilmembers, unless specifically stated otherwise.

(2) "General Counse"" means the General Counsel to the Council of the District of Columbia, or a designated employee within the Office of the General Counsel to the Council of the District of Columbia.

(b) ETHICS TRAINING.

(1) NEW EMPLOYEES. All employees shall complete a mandatory ethics-training course within 2 months of beginning employment with the Council.

(2) ANNUAL CERTIFICATION. The General Counsel shall conduct mandatory training on the conflict of interest and ethics laws and regulations applicable to employees on at least an annual basis.

(3) MATERIALS ON COUNCIL WEBSITE. The General Counsel shall ensure that ethics training materials, including summary guidelines to all applicable laws and regulations, shall be made readily available online and in print.

(c) PUBLIC FINANCIAL DISCLOSURE. An employee who is covered under section 602 of the District of Columbia Campaign Finance Reform and Conflict of Interest Act, D.C. Official Code § 1-1106.02, shall file the required disclosures in accordance with that act.

(d) ETHICS COUNSELING AND SAFE HARBOR.

(1) The General Counsel shall provide at the request of an employee confidential advice about compliance with the Code of Conduct and any other applicable laws and regulations.

(2)(A) An employee who, after providing full disclosure of all relevant facts, obtains advice from the General Counsel and acts in accordance with that advice, even if that action is later found to constitute a violation of this Code of Conduct, shall not, subject to subparagraph (B) of this paragraph, be found to have violated the provisions of the Code of Conduct.

(B) If the employee knows or has reason to know that the General Counsel's advice was based upon fraudulent, misleading, or otherwise incorrect information provided by the employee, subparagraph (A) of this paragraph shall not apply.

(C) An employee is responsible for providing and maintaining appropriate documentation of the underlying facts.

Miscellaneous Notes

Waiver of Congressional review for certain revenue bond acts: Section 1 of Pub. L. 99-242 amended § 2 of Pub. L. 99-216 to include also D.C. Laws 6-78 and 6-79. Section 2 provided that they should take effect as if included in Pub. L. 99-216, with certain restrictions.

Waiver of Congressional review for certain revenue bond acts: Section 136(a) of H.R. 3067, amended by H.R. 99-419, incorporated in Pub. L. 99-190 by § 101(c), the D.C. Appropriation Act, 1986, provided that § 602(c) of the Self-Government Act (Pub. L. 93-198) shall not apply to certain acts authorizing the issuance of revenue bonds. Section 136(b) of H.R. 3067 provided that the subject revenue bond acts shall take effect on the date of enactment of the act. Pub. L. 99-190 was approved DeC. 19, 1985. The revenue bond acts subject to waiver of review, set forth in § 136(c) of H.R. 3067, are The Georgetown University Higher Education Facilities Revenue Bond Act of 1985 (D.C. Law 6- 75), The Sibley Memorial Hospital Revenue Bond Act of 1985 (D.C. Law 6-70), The Forrest Marbury House Project Revenue Bond Act of 1985 (D.C. Law 6-86), The American University Revenue Bond Act of 1985 (D.C. Law 6-78), and The George Washington University Revenue Bond Act of 1985 (D.C. Law 6-79).

Section 2 of Pub. L. 99-216 also waived Congressional review for D.C. Laws 6-75 and 6-70, providing that they take effect on the date of enactment of the public law, which was approved DeC. 26, 1985.

Exchange of property: Act of February 26, 1981, D.C. Law 3-116, authorized the Mayor to transfer the Old Benning Road Elementary School to the Washington Metropolitan Area Transit Authority in exchange for the Brook Mansion and basic renovation thereof.

Act of February 24, 1984, D.C. Law 5-49, authorized the Mayor to exchange parcel 260/13, owned by the District of Columbia, for parcel 261/12, owned by the Potomac Electric Power Company (Ward 8).

Act of March 14, 1984, D.C. Law 5-68, authorized the Mayor to convey, by sale or exchange, in whole or in part, to the Washington Metropolitan Area Transit Authority certain real property owned in fee simple by the District for municipal use in Squares 3831 and 3828 and Parcel 123/56.

Establishment and elimination of building restriction lines: Section 3 of D.C. Law 8-8 provided that following June 16, 1989, the Surveyor shall record a copy of this act and the Surveyor's plat filed under S.O. 87-394.

Conveyance of parcel 131/220: Section 2 of D.C. Law 6-164 provided that the Mayor is authorized to convey that portion of parcel 131/220 used by the Washington Metropolitan Area Transit Authority for parking lot and access road purposes, and may execute a deed or deeds for the conveyance of the real property.

Establishment and elimination of building restriction lines: Section 2 of D.C. Law 8-8 provided that (1) The building restriction line in Lot 26 in Square 1853 on the north side of Reno Road, N.W., as shown on the Surveyor's plat filed under S.O. 87-394, is unnecessary for public purposes and it was ordered eliminated; and (2) A building restriction line in Lot 26 in Square 1853 on the south side of Ingomar Street, N.W., as shown on the Surveyor's plat filed under S.O. 87-394, is necessary for public purposes and it was ordered established.

Transfer of the Office of the Surveyor: Sections 5002 through 5004 of D.C. Law 12-261 provided that pursuant to this section, the Office of the Surveyor, in the Department of Public Works ("DPW"), established by Reorganization Plan No. 2 of 1982, effective December 8, 1982, and transferred to DPW under Reorganization Plan No. 4 of 1983, effective March 1, 1984, is hereby transferred to the Department of Consumer and Regulatory Affairs ("DCRA"). The purpose of the transfer is to provide for the more efficient operation of the Office of the Surveyor and the development process in the District of Columbia. All of the duties and functions assigned or delegated to the existing office of the Surveyor in DPW, are hereby transferred to the Office of the Surveyor in DCRA, along with all positions, property, records, and unexpended balances of appropriation, allocations and other funds available or to be made available relating to the above functions.

Reorganization Plan No. 5 for the Department of Human Services and Department of Corrections: Section 2 of D.C. Law 12-256 provides for the reorganization, pursuant to subsection (b) of this section, of the Department of Human Services in transferring the Bureau of Correctional Services from the Department of Human Services to the Department of Corrections as set forth in § 3 of D.C. Law 12-256.

Rules Resolution for the Council of the District of Columbia Council Period XI: Pursuant to Resolution 11-1, effective January 3, 1995, the Council provided rules of organization and procedure for the Councils of the District of Columbia during Council Period XI.

Rules Resolution for the Council of the District of Columbia, Council Period XI, Federal-Aid Highway Contract Review Amendment Resolution of 1996: Pursuant to Resolution 11-368, effective June 4, Council amended the Rules Resolution for the Council of the District of Columbia, Council Period XI to permit proposed federal-aid highway contracts in excess $1 million to be transmitted to the Council for review during a Council recess, to permit the time period for Council review of a proposed federal-aid highway contract in excess of $1 million to begin on the day following its receipt by the Council and to permit the establishment of a procedure to permit the Council to complete its review of proposed federal-aid highway contracts in excess of $1 million upon approval the Department of Public Works' annual capital program.

Rules Resolution for the Council of the District of Columbia, Council Period XI, Contract Review Emergency Amendment Resolution of 1996: Pursuant to Resolution 11-476, effective July 17, Council amended, on an emergency basis, the Rules Resolution for the Council of the District of Columbia, Council Period XI to permit specified proposed contracts in excess of $1 million to be transmitted to the Council for review during a Council recess, and to permit the time period for Council review of specified proposed contracts in excess of $1 million to begin on the day following its receipt by the Council.

Rules Resolution for the Council of the District of Columbia, Council Period XII, and the MOU on the President's Plan Resolution of 1997: Pursuant to Resolution 12-047, effective Mar. 4, 1997, the Rules Resolution for Council Period XII, and the MOU on the President's Plan Resolution, were adopted.

Authority Recommendation Procedure and Fiscal Impact Rules Amendment Resolution of 1997: Pursuant to Resolution 12-100, effective May 6, 1997, the Authority Recommendation Procedure and Fiscal Impact Rules Amendment Resolution of 1997 was adopted.

DC CODE § 1-204.04

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Council.</unit>
</structure>
<text>
<section>



District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Chairman shall be the presiding officer of the Council.
</section>
<section prefix="b">
 When the Office of Mayor is vacant, the Chairman shall act in his stead. While the Chairman is Acting Mayor he shall not exercise any of his authority as Chairman or member of the Council.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 788, Pub. L. 93-198, title IV, § 411.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-228.

1973 Ed., § 1-145.

DC CODE § 1-204.11

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Council.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Council, to discharge the powers and duties imposed herein, shall pass acts and adopt resolutions, upon a vote of a majority of the members of the Council present and voting, unless otherwise provided in this chapter or by the Council. Except as provided in the last sentence of this subsection, the Council shall use acts for all legislative purposes. Each proposed act (other than an act to which § 1-204.46 applies) shall be read twice in substantially the same form, with at least 13 days intervening between each reading. Upon final adoption by the Council each act shall be made immediately available to the public in a manner which the Council shall determine. If the Council determines, by a vote of two-thirds of the members, that emergency circumstances make it necessary that an act be passed after a single reading, or that it take effect immediately upon enactment, such act shall be effective for a period of not to exceed 90 days. Resolutions shall be used (1) to express simple determinations, decisions, or directions of the Council of a special or temporary character; and (2) to approve or disapprove proposed actions of a kind historically or traditionally transmitted by the Mayor, the Board of Elections, Public Service Commission, Armory Board, Board of Education, the Board of Trustees of the University of the District of Columbia, or the Convention Center Board of Directors to the Council pursuant to an act. Such resolutions must be specifically authorized by that act and must be designed to implement that act.
</section>
<section prefix="b">
 A special election may be called by resolution of the Council to present for an advisory referendum vote of the people any proposition upon which the Council desires to take action.
</section>
<section prefix="c">
 A majority of the Council shall constitute a quorum for the lawful convening of any meeting and for the transaction of business of the Council, except a lesser number may hold hearings.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 788, Pub. L. 93-198, title IV, § 412; Oct. 27, 1978, 92 Stat. 2023, Pub. L. 95-526; Oct. 12, 1984, 98 Stat. 1974, Pub. L. 98-473, § 131(c).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-229.

1973 Ed., § 1-146.

Legislative History of Laws

Law 8-11 was introduced in Council and assigned Bill No. 8-179. The Bill was adopted on first and second readings on April 4, 1989 and April 18, 1989, respectively. Signed by the Mayor on April 27, 1989, it was assigned Act No. 8-27 and transmitted to both Houses of Congress for its review.

Law 8-13 was introduced in Council and assigned Bill No. 8-238. The Bill was adopted on first and second readings on April 4, 1989 and April 18, 1989, respectively. Signed by the Mayor on April 27, 1989, it was assigned Act No. 8-29 and transmitted to both Houses of Congress for its review.

Law 8-85 was introduced in Council and assigned Bill No. 8-469. The Bill was adopted on first and second readings on November 14, 1989, and December 5, 1989, respectively. Signed by the Mayor on December 21, 1989, it was assigned Act No. 8-135 and transmitted to both Houses of Congress for its review.

Resolutions

Resolution 14-494, the "Establishment of an Office of the District Attorney Advisory Referendum Approval Resolution of 2002", was approved effective July 19, 2002.

Miscellaneous Notes

Temporary legislation: Pursuant to (a), the Council often adopts temporary legislation in conjunction with emergency legislation which takes effect after a period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council of the District of Columbia to override the veto), as provided in § 1-206.02(c). Such legislation carries an expiration provision limiting its application, usually, to 225 days. Amendatory temporary legislation is treated under the code section affected; following this, it is listed in the D.C. Laws Not Codified table found in the Tables Volume.

Emergency legislation: Pursuant to (a), the Council adopts emergency legislation which takes effect upon its enactment (approval by the Mayor, or in the event of veto by the Mayor, override of the veto by the Council) and which remain in effect for no longer than 90 days. Amendatory emergency acts are treated under the Code section affected; otherwise the act is listed in the Emergency Act Table found in the Tables Volume.

Fiscal year: See Historical and Statutory Notes following § 1-203.03.

DC CODE § 1-204.12

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Council.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Council, or any committee or person authorized by it, shall have power to investigate any matter relating to the affairs of the District, and for that purpose may require the attendance and testimony of witnesses and the production of books, papers, and other evidence. For such purpose any member of the Council (if the Council is conducting the inquiry) or any member of the committee may issue subpoenas, and administer oaths upon resolution adopted by the Council or committee, as appropriate.
</section>
<section prefix="b">
 In case of contumacy by, or refusal to obey a subpoena issued to, any person, the Council by resolution may refer the matter to the Superior Court of the District of Columbia, which may by order require such person to appear and give or produce testimony or books, papers, or other evidence, bearing upon the matter under investigation. Any failure to obey such order may be punished by such Court as a contempt thereof as in the case of failure to obey a subpoena issued, or to testify, in a case pending before such Court.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 789, Pub. L. 93-198, title IV, § 413.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-234.

1973 Ed., § 1-148.

DC CODE § 1-204.13

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Mayor.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established the Office of Mayor of the District of Columbia; and the Mayor shall be elected by the registered qualified electors of the District.
</section>
<section prefix="b">
 The Mayor, established by subsection (a) of this section, shall be elected, on a partisan basis, for a term of 4 years beginning at noon on January 2nd of the year following his election.
</section>
<section prefix="c">
(1) No person shall hold the Office of Mayor unless he: (A) Is a qualified elector; (B) has resided and been domiciled in the District for 1 year immediately preceding the day on which the general or special election for Mayor is to be held; and (C) is not engaged in any employment (whether as an employee or as a self-employed individual) and holds no public office or position (other than his employment in and position as Mayor), for which he is compensated in an amount in excess of his actual expenses in connection therewith, except that nothing in this clause shall be construed as prohibiting such person, while holding the Office of Mayor, from serving as a delegate or alternate delegate to a convention of a political party nominating candidates for President and Vice President of the United States, or from holding an appointment in a reserve component of an armed force of the United States other than a member serving on active duty under a call for more than 30 days. The Mayor shall forfeit his office upon failure to maintain the qualifications required by this paragraph.
</section>
<section prefix="2">
 To fill a vacancy in the Office of Mayor, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. The person elected Mayor to fill a vacancy in the Office of Mayor shall take office on the day on which the Board of Elections and Ethics certifies his election, and shall serve as Mayor only for the remainder of the term during which such vacancy occurred. When the Office of Mayor becomes vacant the Chairman shall become Acting Mayor and shall serve from the date such vacancy occurs until the date on which the Board of Elections and Ethics certifies the election of the new Mayor at which time he shall again become Chairman. While the Chairman is Acting Mayor, the Chairman shall receive the compensation regularly paid the Mayor, and shall receive no compensation as Chairman or member of the Council. While the Chairman is Acting Mayor, the Council shall select one of the elected at-large members of the Council to serve as Chairman and one to serve as chairman pro tempore, until the return of the regularly elected Chairman.
</section>
<section prefix="d">
 The Mayor shall receive compensation, payable in equal installments, at a rate equal to the maximum rate, as may be established from time to time, for level III of the Executive Schedule in § 5314 of Title 5 of the United States Code. Such rate of compensation may be increased or decreased by act of the Council. Such change in such compensation, upon enactment by the Council in accordance with the provisions of this chapter, shall apply with respect to the term of Mayor next beginning after the date of such change. In addition, the Mayor may receive an allowance, in such amount as the Council may from time to time establish, for official, reception, and representation expenses, which he shall certify in reasonable detail to the Council.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 789, Pub. L. 93-198, title IV, § 421; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); July 18, 2012, 126 Stat.1133, Pub. L. 112-145, § 2(b).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-241.

1973 Ed., § 1-161.

Effect of Amendments

Pub. L. 112-145, in subsec. (c)(2), rewrote the first sentence which had read: "To fill a vacancy in the Office of Mayor, the Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which such vacancy occurs, unless the Board of Elections and Ethics determines that such vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph."

Temporary Amendments of Section

Section 2(b) of D.C. Law 18-301, in subsec. (c)(2), substituted "more than seventy days" for "more than one hundred fourteen days".

Section 3 of D.C. Law 18-301 provides that this act shall apply upon enactment by Congress.

Section 5(b) of D.C. Law 18-301 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section, see §§ 2(b), 3 of Special Election Reform Charter Emergency Amendment Act of 2010 (D.C. Act 18-591, November 3, 2010, 57 DCR 10470).

For temporary (90 day) addition of section, see § 3 of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416).

For temporary (90 day) amendment of section, see § 2(b) of Special Election Reform Charter Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-7, February 11, 2011, 58 DCR 1416).

For temporary (90 day) amendment of section, see § 301(c) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

For temporary (90 day) addition of section, see § 602(b) of Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Emergency Amendment Act of 2012 (D.C. Act 19-298, January 29, 2012, 59 DCR 683).

Miscellaneous Notes

Section 401(c) of D.C. Law 19-124 provides for the substitution of "to be held; (C) has not been convicted of a felony while holding the office; and (D) is" for "to be held; and (C) is".

Section 601(j) of D.C. Law 19-124 provides:

"(j) Title IV shall apply on its effective date as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03)."

Section 3 of Pub. L. 112-145 provides:

"Sec. 3. EFFECTIVE DATE.

"The amendments made by section 2 shall apply with respect to vacancies occurring on or after the enactment of this Act."

DC CODE § 1-204.21

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Mayor.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The executive power of the District shall be vested in the Mayor who shall be the chief executive officer of the District government. In addition, except as otherwise provided in this chapter, all functions granted to or vested in the Commissioner of the District of Columbia, as established under Reorganization Plan No. 3 of 1967, shall be carried out by the Mayor in accordance with this chapter. The Mayor shall be responsible for the proper execution of all laws relating to the District, and for the proper administration of the affairs of the District coming under his jurisdiction or control, including but not limited to the following powers, duties, and functions:

</section>
<section prefix="1">
 The Mayor may designate the officer or officers of the executive department of the District who may, during periods of disability or absence from the District of the Mayor, execute and perform the powers and duties of the Mayor.
</section>
<section prefix="2">
 The Mayor shall administer all laws relating to the appointment, promotion, discipline, separation, and other conditions of employment of personnel in the Office of the Mayor, personnel in executive departments of the District, and members of boards, commissions, and other agencies, who, under laws in effect on the date immediately preceding January 2, 1975, were subject to appointment and removal by the Commissioner of the District of Columbia. All actions affecting such personnel and such members shall, until such time as legislation is enacted by the Council superseding such laws and establishing a permanent District government merit system, pursuant to paragraph (3) of this section, continue to be subject to the provisions of acts of Congress relating to the appointment, promotion, discipline, separation, and other conditions of employment applicable to officers and employees of the District government, to § 1-207.13, and where applicable, to the provisions of the joint agreement between the Commissioners and the Civil Service Commission authorized by Executive Order No. 5491 of November 18, 1930, relating to the appointment of District personnel. He shall appoint or assign persons to positions formerly occupied, ex officio, by the Commissioner of the District of Columbia or by the Assistant to the Commissioner and shall have power to remove such persons from such positions. The officers and employees of each agency with respect to which legislative power is delegated by this chapter and which immediately prior to January 2, 1975, was not subject to the administrative control of the Commissioner of the District, shall continue to be appointed and removed in accordance with applicable laws until such time as such laws may be superseded by legislation passed by the Council establishing a permanent District government merit system pursuant to paragraph (3) of this section.
</section>
<section prefix="3">
 The Mayor shall administer the personnel functions of the District covering employees of all District departments, boards, commissions, offices and agencies, except as otherwise provided by this chapter. Personnel legislation enacted by Congress prior to or after January 2, 1975, including, without limitation, legislation relating to appointments, promotions, discipline, separations, pay, unemployment compensation, health, disability and death benefits, leave, retirement, insurance, and veterans' preference applicable to employees of the District government as set forth in § 1-207.14(c), shall continue to be applicable until such time as the Council shall, pursuant to this section, provide for coverage under a District government merit system. The District government merit system shall be established by act of the Council. The system shall apply with respect to the compensation of employees of the District government during fiscal year 2006 and each succeeding fiscal year, except that the system may provide for continued participation in all or part of the Federal Civil Service System and shall provide for persons employed by the District government immediately preceding the effective date of such system personnel benefits, including but not limited to pay, tenure, leave, residence, retirement, health and life insurance, and employee disability and death benefits, all at least equal to those provided by legislation enacted by Congress, or regulation adopted pursuant thereto, and applicable to such officers and employees immediately prior to the effective date of the system established pursuant to this chapter, except that nothing in this chapter shall prohibit the District from separating an officer or employee subject to such system in the implementation of a financial plan and budget for the District government approved under subpart B of subchapter VII of Chapter 3 of Title 47, and except that nothing in this section shall prohibit the District from paying an employee overtime pay in accordance with § 7 of the Fair Labor Standards Act of 1938 (29 U.S.C. § 207). The District government merit system shall take effect not earlier than 1 year nor later than 5 years after January 2, 1975.
</section>
<section prefix="4">
 The Mayor shall, through the heads of administrative boards, offices, and agencies, supervise and direct the activities of such boards, offices, and agencies.
</section>
<section prefix="5">
 The Mayor may submit drafts of acts to the Council.
</section>
<section prefix="6">
 The Mayor may delegate any of his functions (other than the function of approving or disapproving acts passed by the Council or the function of approving contracts between the District and the federal government under § 1-207.31) to any officer, employee, or agency of the executive office of the Mayor, or to any director of an executive department who may, with the approval of the Mayor, make a further delegation of all or a part of such functions to subordinates under his jurisdiction. Nothing in the previous sentence may be construed to permit the Mayor to delegate any functions assigned to the Chief Financial Officer of the District of Columbia under subchapter I-A of Chapter 3 of Title 47, without regard to whether such functions are assigned to the Chief Financial Officer under such section during a control year (as defined in § 47-393(4)) or during any other year.
</section>
<section prefix="7">
 The Mayor shall appoint a City Administrator, who shall serve at the pleasure of the Mayor. The City Administrator shall be the chief administrative officer of the Mayor, and he shall assist the Mayor in carrying out his functions under this chapter, and shall perform such other duties as may be assigned to him by the Mayor. The City Administrator shall be paid at a rate established by the Mayor.
</section>
<section prefix="8">
 The Mayor may propose to the executive or legislative branch of the United States government legislation or other action dealing with any subject, whether or not falling within the authority of the District government, as defined in this chapter.
</section>
<section prefix="9">
 The Mayor, as custodian thereof, shall use and authenticate the corporate seal of the District in accordance with law.
</section>
<section prefix="0">
 The Mayor shall have the right, under rules to be adopted by the Council, to be heard by the Council or any of its committees.
</section>
<section prefix="1">
 The Mayor is authorized to issue and enforce administrative orders, not inconsistent with this or any other Act of the Congress or any act of the Council, as are necessary to carry out his functions and duties.
</section>
<section prefix="2">
 The Mayor may reorganize the offices, agencies, and other entities within the executive branch of the government of the District by submitting to the Council a detailed plan of such reorganization. Such a reorganization plan shall be valid only if the Council does not adopt, within 60 days (excluding Saturdays, Sundays, and holidays) after such reorganization plan is submitted to it by the Mayor, a resolution disapproving such reorganization.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 790, Pub. L. 93-198, title IV, § 422; Aug. 17, 1991, 105 Stat. 540, Pub. L. 102-106, § 3; Oct. 29, 1993, 107 Stat. 1350, Pub. L. 103-127, title I, § 140; Apr. 17, 1995, 109 Stat. 116, 147, Pub. L. 104-8, §§ 202(h), 302(b); Nov. 29, 1999, 113 Stat. 1515, Pub. L. 106-113, § 119(a); Oct. 16, 2006, 120 Stat. 2039, Pub. L. 109-356, § 303(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-242.

1973 Ed., § 1-162.

Effect of Amendments

Public Law 106-113, in par. (7), deleted "not to exceed level IV of the Executive Schedule established under § 5315 of Title 5 of the United States Code" from the end of the third sentence.

Pub. L. 109-356, in the fourth sentence of par. (3) substituted "The system shall apply with respect to the compensation of employees of the District government during fiscal year 2006 and each succeeding fiscal year, except that the system may provide" for "The system may provide".

Temporary Addition of Section

Section 2 to 4 of D.C. Law 18-300 added sections to read as follows:

"Sec. 2. Purpose.

"This act authorizes the Mayor to take appropriate action to assure continuity in the execution of the laws and in the conduct of the legislative and executive affairs of the District of Columbia government. The purposes of this act are to provide for the orderly transfer of the:

"(1) Executive duties and responsibilities of the Executive Office of the Mayor upon the expiration of the term of office of a Mayor and the assumption of those duties and responsibilities by a new Mayor; and

(2) Legislative duties and responsibilities of the Chairman of the Council upon the expiration of the term of office of a Chairman and the assumption of those duties and responsibilities by a new Chairman.

"Sec. 3. Transition activities.

"The Mayor, in the discharge of his duties pursuant to section 422 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 790; D.C. Official Code § 1-204.22), may make available to the Mayor-elect and the Chairman-elect from November 3, 2010, through the 15th day following the date of the inauguration of the Mayor-elect and the swearing-in of the Chairman-elect:

"(1) Office space, furniture, furnishings, computers, office machines, and supplies at whatever place or places within the District the Mayor designates at no cost to the Mayor-elect, the Chairman-elect, or their transition staffs;

"(2) The services of District employees;

"(3) The use of District motor vehicles; provided, that the vehicles are driven by District government employees;

"(4) Printing, binding, and duplicating services;

"(5) Postage and mailing services consistent with the Official Correspondence Regulations, effective April 7, 1977 (D.C. Law 1-118; D.C. Official Code § 2-701 et seq.); and

"(6) Communication equipment and services.

"Sec. 4. Definitions.

"For the purposes of this act, the term:

"(1) 'Chairman-elect' means the person who is certified as the successful candidate for the office of Chairman of the Council by the District of Columbia Board of Elections and Ethics ("Board of Elections and Ethics") following the general election held to determine the Chairman, or for the period of time between the general election and certification, the person announced and published by the Board of Elections and Ethics as the unofficial winner of the general election for Chairman.

"(2) 'Mayor-elect' means the person who is certified as the successful candidate for the office of Mayor by the Board of Elections and Ethics following the general election held to determine the Mayor, or for the period of time between the general election and certification, the person announced and published by the Board of Elections and Ethics as the unofficial winner of the general election for Mayor."

Section 6(b) of D.C. Law 18-300 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary provision, on an emergency basis, to promote the orderly transfer of executive duties and responsibilities upon expiration of the term of office of the Mayor and the assumption of duties and responsibilities of the new Mayor, see §§ 2-6 of the Mayoral Transition Emergency Act of 1998 (D.C. Act 12- 541, 46 DCR 303).

For temporary (90 day) additions, see §§ 2 to 4 of Mayor and Chairman of the Council Transition Emergency Act of 2010 (D.C. Act 18-590, November 3, 2010, 57 DCR 10467).

References in Text

"§ 1-207.31", referred to in paragraph (6) of this section, was repealed by § 5(b) of the Act of September 13, 1982, Pub. L. 97-258.   Present provisions similar to repealed § 1-207.31 are codified as § 1-207.31 and 31 U.S.C. § 1537.

Delegation of Authority

Delegation of authority--city administrator, see Mayor's Order 88-16, January 30, 1988.

Delegation of authority--state legalization impact assistance grants, see Mayor's Order 88-169, July 14, 1988.

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 95-45, March 23, 1995.

Delegation of authority under D.C. Act 11-404, the "General Obligation Bond Act of 1996", see Mayor's Order 96-146, October 7, 1996 (43 DCR 5671).

Miscellaneous Notes

Report delineating actions taken to implement Multiyear Budget Spending Reduction and Support Act: Section 811 of the Multiyear Budget Spending and Support Emergency Act of 1994 (D.C. Act 10-389, December 29, 1994, 42 DCR 197) provided that within 120 days of the effective date of the act, the Mayor shall submit to the Council a report delineating the actions taken by the executive to effect the directives of the Council in the act.

Office of the Secretary established: See Mayor's Orders 84-77, April 16, 1984; 84-112, July 11, 1984.

Office of Ombudsman established: See Mayor's Order 86-140, August 22, 1986.

Amendment of Mayor's Order 83-17, January 3, 1983, Establishment of the Office of Operations: See Mayor's Order 88-11, January 30, 1988.

Section 156 of Public Law 106-522 provides:

"(a) Notwithstanding the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2-139; D.C. Code 1- 601.01 et seq.), or any other District of Columbia law, statute, regulation, the provisions of the District of Columbia Personnel Manual, or the provisions of any collective bargaining agreement, employees of the District of Columbia government will only receive compensation for overtime work in excess of 40 hours per week (or other applicable tour of duty) of work actually performed, in accordance with the provisions of the Fair Labor Standards Act, 29 U.S.C. Sec. 201 et seq.

"(b) Subsection (a) of this section shall be effective December 27, 1996. The Resolution and Order of the District of Columbia Financial Responsibility and Management Assistance Authority, dated December 27, 1996, is hereby ratified and approved and shall be given full force and effect."

Establishment of the Office of Public Advocate, see Mayor's Order 99-55, March 5, 1999 (46 DCR 2832).

Amendment of Mayor's Order 96-176, dated 12-11-96, Establishing the Mayor's Office of Health Policy and the Mayor's Health Policy Council, see Mayor's Order 99-75, May 11, 1999 (46 DCR 5428).

Establishment of the D.C. Workforce Investment Council and Abolishment of the D.C. Workforce Investment Board (formerly known as the D.C. Private Industry Council and the State Job Training Coordinating Council), see Mayor's Order 99- 85, June 2, 1999 (46 DCR 5442).

Compensation for City Administrator: Section 119(a) of Pub. L. 104-194, 110 Stat. 2366, the District of Columbia Appropriations Act, 1997, provided that notwithstanding § 1-242(7) [§ 1-204.22(7), 2001 Ed.], the City Administrator shall be paid, during any fiscal year, a salary at a rate established by the Mayor, not to exceed the rate established for level IV of the Executive Schedule under 5 U.S.C. § 5315.

Report delineating actions taken to implement Multiyear Budget Spending Reduction and Support Act: Section 811 of D.C. Law 10-253 provided that within 120 days of the effective date of the Multiyear Budget Spending Reduction and Support Act of 1995, the Mayor shall submit to the Council a report delineating the actions taken by the executive to effect the directives of the Council in the Multiyear Budget Spending Reduction and Support Act of 1995, including:

(1) Negotiations with representatives of collective bargaining units to reduce employee compensation;

(2) Actions to restructure existing long-term city debt;

(3) Actions to apportion the spending reductions anticipated by the directives of this chapter to the executive for unallocated reductions; and.

(4) A list of any position that is backfilled including description, title, and salary of this position.

Section 1301(b) of D.C. Law 10-253 provided that the act shall expire on the 225th day of its having taken effect or upon the effective date of the Multiyear Budget Spending Reduction and Support Act of 1995, whichever occurs first.

Establishment--Office of Partnership and Resource Development, see Mayor's Order 2001-132, September 10, 2001 (48 DCR 8993).

Establishment of Office of Policy Research and Development, see Mayor's Order 2001-185, December 19, 2001 (48 DCR 11735).

Establishment of Office of Legislative Support, see Mayor's Order 2001-186, December 19, 2001 (48 DCR 11738).

Establishment of Office of Community Outreach, see Mayor's Order 2001-187, December 19, 2001 (48 DCR 11741).

Establishment of Office of Boards and Commissions, see Mayor's Order 2001-189, December 19, 2001 (48 DCR 11744).

DC CODE § 1-204.22

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Mayor.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Mayor shall be the central planning agency for the District. He shall be responsible for the coordination of planning activities of the municipal government and the preparation and implementation of the District's elements of the comprehensive plan for the National Capital which may include land use elements, urban renewal and redevelopment elements, a multi-year program of municipal public works for the District, and physical, social, economic, transportation, and population elements. The Mayor's planning responsibility shall not extend to federal and international projects and developments in the District, as determined by the National Capital Planning Commission, or to the United States Capitol buildings and grounds as defined in §§ 10-503.11 and 10-503.26, or to any extension thereof or addition thereto, or to buildings and grounds under the care of the Architect of the Capitol. In carrying out his responsibilities under this section, the Mayor shall establish procedures for citizen involvement in the planning process and for appropriate meaningful consultation with any state or local government or planning agency in the National Capital region affected by any aspect of a proposed District element of the comprehensive plan (including amendments thereto) affecting or relating to the District.
</section>
<section prefix="b">
 The Mayor shall submit the District's elements and amendments thereto to the Council for revision or modification, and adoption by act, following public hearings. Following adoption and prior to implementation, the Council shall submit such elements and amendments thereto to the National Capital Planning Commission for review and comment with regard to the impact of such elements or amendments on the interests and functions of the federal establishment, as determined by the Commission.
</section>
<section prefix="c">
 Such elements and amendments thereto shall be subject to and limited by determinations with respect to the interests and functions of the federal establishment as determined in the manner provided by act of Congress.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 792, Pub. L. 93-198, title IV, § 423.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-244.

1973 Ed., § 1-163.

Miscellaneous Notes

Comprehensive plan goals and policies: Act of March 3, 1979, D.C. Law 2-134, established the goals and policies of the District of Columbia as the first District element of the comprehensive plan for the National Capital.

Section 4 of the District of Columbia Comprehensive Plan Act of 1984 (D.C. Law 5-76) repealed the District of Columbia Comprehensive Plan Goals and Policies Act of 1978 (D.C. Law 2-134).

District of Columbia Comprehensive Plan of 1984: Section 2 of D.C. Law 8-129, as amended by § 201 of D.C. Law 8-132, amended Titles I through VIII, X and XI, and added Title XII to the District of Columbia Comprehensive Plan of 1984, adopted by D.C. Law 5-76. D.C. Law 8-129 was reprinted in its entirety in 37 DCR 55. Amended Titles I through VII, X, XI, and new Title XII will be codified at Title 10 of the District of Columbia Municipal Regulations. D.C. Law 8-132 is found at 37 DCR 2213.

Establishment of District of Columbia Advisory Council on Memorials: See Mayor's Order 89-201, September 8, 1989.

Review of District elements by National Capital Planning Commission: Section 6(b) of D.C. Law 5-187, and § 4(b) of D.C. Law 8-129, provided that no District element of the Comprehensive Plan for the National Capital shall take effect until it has been reviewed by the National Capital Planning Commission as provided in subsection (a) of § 2-1002 and this section.

DC CODE § 1-204.23

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Chief Financial Officer.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Establishment. -- There is hereby established within the executive branch of the government of the District of Columbia an Office of the Chief Financial Officer of the District of Columbia (hereafter referred to as the "Office"), which shall be headed by the Chief Financial Officer of the District of Columbia (hereafter referred to as the "Chief Financial Officer").
</section>
<section prefix="b">
 Organizational analysis. --
</section>
<section prefix="1">
 Office of Budget and Planning. -- The name of the Office of Budget and Management, established by Commissioner's Order 69-96, issued March 7, 1969, is changed to the Office of Budget and Planning.
</section>
<section prefix="2">
 Office of Tax and Revenue. -- The name of the Department of Finance and Revenue, established by Commissioner's Order 69-96, issued March 7, 1969, is changed to the Office of Tax and Revenue.
</section>
<section prefix="3">
 Office of Finance and Treasury. -- The name of the Office of Treasurer, established by Mayor's Order 89-244, dated October 23, 1989, is changed to the Office of Finance and Treasury.
</section>
<section prefix="4">
 Office of Financial Operations and Systems. -- The Office of the Controller, established by Mayor's Order 89-243, dated October 23, 1989, and the Office of Financial Information Services, established by Mayor's Order 89- 244, dated October 23, 1989, are consolidated into the Office of Financial Operations and Systems.
</section>
<section prefix="c">
 Transfers. -- Effective with the appointment of the first Chief Financial Officer under § 1-204.24b, the functions and personnel of the following offices are established as subordinate offices within the Office:
</section>
<section prefix="1">
 The Office of Budget and Planning, headed by the Deputy Chief Financial Officer for the Office of Budget and Planning.
</section>
<section prefix="2">
 The Office of Tax and Revenue, headed by the Deputy Chief Financial Officer for the Office of Tax and Revenue.
</section>
<section prefix="3">
 The Office of Research and Analysis, headed by the Deputy Chief Financial Officer for the Office of Research and Analysis.
</section>
<section prefix="4">
 The Office of Financial Operations and Systems, headed by the Deputy Chief Financial Officer for the Office of Financial Operations and Systems.
</section>
<section prefix="5">
 The Office of Finance and Treasury, headed by the District of Columbia Treasurer.
</section>
<section prefix="6">
 The Lottery and Charitable Games Control Board, established by Chapter 13 of Title 3.
</section>
<section prefix="d">
 Supervisor. -- The heads of the offices listed in subsection (c) of this section shall serve at the pleasure of the Chief Financial Officer.
</section>
<section prefix="e">
 Appointment and removal of office employees. -- The Chief Financial Officer shall appoint the heads of the subordinate offices designated in subsection (c) of this section, after consultation with the Mayor and the Council. The Chief Financial Officer may remove the heads of the offices designated in subsection (c) of this section, after consultation with the Mayor and the Council.
</section>
<section prefix="f">
 Annual budget submission. -- The Chief Financial Officer shall prepare and annually submit to the Mayor of the District of Columbia, for inclusion in the annual budget of the District of Columbia government for a fiscal year, annual estimates of the expenditures and appropriations necessary for the year for the operation of the Office and all other District of Columbia accounting, budget, and financial management personnel (including personnel of executive branch independent agencies) that report to the Office pursuant to this chapter.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(a), as added Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 302(a); Oct. 16, 2006, 120 Stat. 2029, Pub. L. 109-356, § 201(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-317.1.

Effect of Amendments

Pub. L. 109-356 rewrote the section which had read as follows:

"(a) In general. -- There is hereby established within the executive branch of the government of the District of Columbia an Office of the Chief Financial Officer of the District of Columbia (hereafter referred to as the "Office"), which shall be headed by the Chief Financial Officer of the District of Columbia (hereafter referred to as the "Chief Financial Officer").

"(b) Office of the Treasurer. -- The Office shall include the Office of the Treasurer, which shall be headed by the Treasurer of the District of Columbia, who shall be appointed by the Chief Financial Officer and subject to the Chief Financial Officer's direction and control.

"(c) Transfer of other offices. -- Effective with the appointment of the first Chief Financial Officer under § 1-204.24b, the functions and personnel of the following offices are transferred to the Office:

"(1) The Controller of the District of Columbia;

"(2) The Office of the Budget;

"(3) The Office of Financial Information Services; and

"(4) The Department of Finance and Revenue.

"(d) Service of heads of other offices. --

"(1) Office heads appointed by Mayor. -- With respect to the head of the Office of the Budget and the head of the Department of Finance and Revenue:

"(A) The Mayor shall appoint such individuals with the advice and consent of the Council, subject to the approval of the Authority during a control year; and

"(B) During a control year, the Authority may remove such individuals from office for cause, after consultation with the Mayor.

"(2) Office heads appointed by Chief Financial Officer. -- With respect to the Controller of the District of Columbia and the head of the Office of Financial Information Services:

"(A) The Chief Financial Officer shall appoint such individuals subject to the approval of the Mayor; and

"(B) The Chief Financial Officer may remove such individuals from office for cause, after consultation with the Mayor."

Legislative History of Laws

Law 12-81, the "Technical Amendments Act of 1998," was introduced in Council and assigned Bill No. 12-408, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 4, 1997, and December 4, 1997, respectively. Signed by the Mayor on December 22, 1997, it was assigned Act No. 12-246 and transmitted to both Houses of Congress for its review. D.C. Law 12-81 became effective on March 24, 1998.

References in Text

Pursuant to the Office of the Chief Financial Officer's "Notice of Public Interest" published in the April 18, 1997, issue of the District of Columbia Register (44 DCR 2345) the Office of Tax and Revenue assumed all of the duties and functions previously performed by the Department of Finance and Revenue, as set forth in Commissioner's Order 69-96, dated March 7, 1969. This action was made effective January 22, 1997, nunc pro tunc.

DC CODE § 1-204.24a

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Chief Financial Officer.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Appointment. --
</section>
<section prefix="1">
 In general. -- The Chief Financial Officer shall be appointed by the Mayor with the advice and consent, by resolution, of the Council. Upon confirmation by the Council, the name of the Chief Financial Officer shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate for a 30- day period of review and comment before the appointment takes effect.
</section>
<section prefix="2">
 Special rule for control years. -- During a control year, the Chief Financial Officer shall be appointed by the Mayor as follows:
</section>
<section prefix="A">
 Prior to the appointment, the Authority may submit recommendations for the appointment to the Mayor.
</section>
<section prefix="B">
 In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.
</section>
<section prefix="C">
 After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under subparagraph (B) of this paragraph, the Mayor shall notify the Authority of the nomination.
</section>
<section prefix="D">
 The nomination shall be effective subject to approval by a majority vote of the Authority.
</section>
<section prefix="b">
 Term. --
</section>
<section prefix="1">
 In general. -- All appointments made after June 30, 2007, shall be for a term of 5 years, except for appointments made for the remainder of unexpired terms. The appointments shall have an anniversary date of July 1.
</section>
<section prefix="2">
 Transition. -- For purposes of §§ 1-204.24a -- 1-204.24f, the individual serving as Chief Financial Officer as of October 16, 2006, shall be deemed to have been appointed under this subsection, except that such individual's initial term of office shall begin upon such date and shall end on June 30, 2007.
</section>
<section prefix="3">
 Continuance. -- Any Chief Financial Officer may continue to serve beyond his term until a successor takes office.
</section>
<section prefix="4">
 Vacancies. -- Any vacancy in the Office of Chief Financial Officer shall be filled in the same manner as the original appointment under subsection (a) of this section.
</section>
<section prefix="5">
 Pay. -- The Chief Financial Officer shall be paid at an annual rate equal to the rate of basic pay payable for level I of the Executive Schedule.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(b), as added Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 302(a); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 155(a); Dec. 21, 2001, 115 Stat. 949, Pub. L. 107-96, § 111(d); Oct. 16, 2006, 120 Stat. 2031, Pub. L. 109-356, § 201(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-317.2.

Effect of Amendments

Public Law 106-522 in subsec. (a) added at the end of par. (1)(B) "Upon confirmation by the Council, the name of the Chief Financial Officer shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before the appointment takes effect."; and in par. (2)(B), struck the period at the end and inserted the following: "upon dismissal by the Mayor and approval of that dismissal by a 2/3 vote of the Council. Upon approval of the dismissal by the Council, notice of the dismissal shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before the dismissal takes effect."

Pub. L. 107-96, in subsec. (c), substituted "equal to" for "determined by the Mayor,except that such rate may not exceed", and substituted "level I" for "level IV".

Pub. L. 109-356 rewrote the section which had read as follows:

"(a) In general. --

"(1) Control year. -- During a control year, the Chief Financial Officer shall be appointed by the Mayor as follows:

"(A) Prior to the appointment of the Chief Financial Officer, the Authority may submit recommendations for the appointment to the Mayor.

"(B) In consultation with the Authority and the Council, the Mayor shall nominate an individual for appointment and notify the Council of the nomination.

"(C) After the expiration of the 7-day period which begins on the date the Mayor notifies the Council of the nomination under subparagraph (B) of this paragraph, the Mayor shall notify the Authority of the nomination.

"(D) The nomination shall be effective subject to approval by a majority vote of the Authority.

"(2) Other years. -- During a year other than a control year, the Chief Financial Officer shall be appointed by the Mayor with the advice and consent of the Council. Prior to appointment, the Authority may submit recommendations for the appointment. Upon confirmation by the Council, the name of the Chief Financial Officer shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before the appointment takes effect.

"(b) Removal. --

"(1) Control year. -- During a control year, the Chief Financial Officer may be removed for cause by the Authority or by the Mayor with the approval of the Authority.

"(2) Other years. -- During a year other than a control year, the Chief Financial Officer shall serve at the pleasure of the Mayor, except that the Chief Financial Officer may only be removed for cause upon dismissal by the Mayor and approval of that dismissal by a 2/3 vote of the Council. Upon approval of the dismissal by the Council, notice of the dismissal shall be submitted to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committee on Government Reform of the House of Representatives for a 30-day period of review and comment before the dismissal takes effect.

"(c) Salary. -- The Chief Financial Officer shall be paid at an annual rate equal to the rate of basic pay payable for level I of the Executive Schedule."

Effective Dates

Pub. L. 107-96, § 111(e), provides that: "The amendment made by subsection (d) shall apply with respect to pay periods in fiscal year 2002 and each succeeding fiscal year."

DC CODE § 1-204.24b

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Chief Financial Officer.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In general. -- The Chief Financial Officer may only be removed for cause by the Mayor, subject to the approval of the Council by a resolution approved by not fewer than 2/3 of the members of the Council.   After approval of the resolution by the Council, notice of the removal shall be submitted to the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate for a 30- day period of review and comment before the removal takes effect.
</section>
<section prefix="b">
 Special rule for control years. -- During a control year, the Chief Financial Officer may be removed for cause by the Authority or by the Mayor with the approval of the Authority.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(c), as added Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 302(a); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 155(b)(1); Dec. 23, 2004, 118 Stat. 3970, Pub. L. 108-489, § 4(a); Oct. 16, 2006, 120 Stat. 2031, Pub. L. 109-356, § 201(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-317.3.

Effect of Amendments

Public Law 106-522 deleted in the caption "during control year, struck in the matter preceding paragraph (1) "During a control year, the Chief Financial Officer" and inserted "The Chief Financial Officer"; struck in paragraph " Preparing" and inserted "During a control year, preparing"; struck in paragraph (3), "Assuring" and inserted "During a control year, assuring "; rewrote paragraph (5); struck in paragraph (11), "or the Authority" and inserted "(or by the Authority during a control year)"; and added at the end new paragraphs (18) through (24). Prior to amendment, subsec. (5) provided:

"(5) With the approval of the Authority, preparing and submitting to the Mayor and the Council:

"(A) Annual estimates of all revenues of the District of Columbia (without regard to the source of such revenues), including proposed revenues, which shall be binding on the Mayor and the Council for purposes of preparing and submitting the budget of the District government for the year under subpart D of subchapter VII of Chapter 3 of this title, except that the Mayor and the Council may prepare the budget based on estimates of revenues which are lower than those prepared by the Chief Financial Officer; and

"(B) Quarterly re-estimates of the revenues of the District of Columbia during the year."

Pub. L. 108-489, in par. (21), substituted "systems (other than the retirement system for police officers, fire fighters, and teachers)" for "systems".

Pub. L. 109-356 rewrote the section which had previously read:

"§ 1-204.24c. Functions.

"The Chief Financial Officer shall have the following duties:

"(1) During a control year, preparing the financial plan and budget for the use of the Mayor for purposes of subpart B of subchapter VII of Chapter 3 of Title 47;

"(2) Preparing the budgets of the District of Columbia for the year for the use of the Mayor for purposes of §§ 1-204.41 to 1-204.53 and 1-204.55 to 1-204.56e.

"(3) During a control year, assuring that all financial information presented by the Mayor is presented in a manner, and is otherwise consistent with, the requirements of the District of Columbia Financial Responsibility and Management Assistance Act of 1995;

"(4) Implementing appropriate procedures and instituting such programs, systems, and personnel policies within the Officer's authority, to ensure that budget, accounting and personnel control systems and structures are synchronized for budgeting and control purposes on a continuing basis;

"(5) Preparing and submitting to the Mayor and the Council, with the approval of the Authority during a control year:

"(A) Annual estimates of all revenues of the District of Columbia (without regard to the source of such revenues), including proposed revenues, which shall be binding on the Mayor and the Council for purposes of preparing and submitting the budget of the District government for the year under §§ 1-204.41 to 1-204.53 and 1-204.55 to 1-204.56e, except that the Mayor and the Council may prepare the budget based on estimates of revenues which are lower than those prepared by the Chief Financial Officer; and

"(B) Quarterly re-estimates of the revenues of the District of Columbia during the year.

"(6) Supervising and assuming responsibility for financial transactions to ensure adequate control of revenues and resources, and to ensure that appropriations are not exceeded.

"(7) Maintaining systems of accounting and internal control designed to provide-

"(A) Full disclosure of the financial impact of the activities of the District government;

"(B) Adequate financial information needed by the District government for management purposes;

"(C) Effective control over, and accountability for, all funds, property, and other assets of the District of Columbia; and

"(D) Reliable accounting results to serve as the basis for preparing and supporting agency budget requests and controlling the execution of the budget.

"(8) Submitting to the Council a financial statement of the District government, containing such details and at such times as the Council may specify;

"(9) Supervising and assuming responsibility for the assessment of all property subject to assessment and special assessments within the corporate limits of the District of Columbia for taxation, preparing tax maps, and providing such notice of taxes and special assessments (as may be required by law);

"(10) Supervising and assuming responsibility for the levying and collection of all taxes, special assessments, licensing fees, and other revenues of the District of Columbia (as may be required by law), and receiving all amounts paid to the District of Columbia from any source (including the Authority);

"(11) Maintaining custody of all public funds belonging to or under the control of the District government (or any department or agency of the District government), and depositing all amounts paid in such depositories and under such terms and conditions as may be designated by the Council (or by the Authority during a control year);

"(12) Maintaining custody of all investment and invested funds of the District government or in possession of the District government in a fiduciary capacity, and maintaining the safekeeping of all bonds and notes of the District government and the receipt and delivery of District government bonds and notes for transfer, registration, or exchange;

"(13) Apportioning the total of all appropriations and funds made available during the year for obligation so as to prevent obligation or expenditure in a manner which would result in a deficiency or a need for supplemental appropriations during the year, and (with respect to appropriations and funds available for an indefinite period and all authorizations to create obligations by contract in advance of appropriations) apportioning the total of such appropriations, funds, or authorizations in the most effective and economical manner;

"(14) Certifying all contracts (whether directly or through delegation) prior to execution as to the availability of funds to meet the obligations expected to be incurred by the District government under such contracts during the year;

"(15) Prescribing the forms of receipts, vouchers, bills, and claims to be used by all agencies, offices, and instrumentalities of the District government;

"(16) Certifying and approving prior to payment all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the District government, and determining the regularity, legality, and correctness of such bills, invoices, payrolls, claims, demands, or charges; and

"(17) In coordination with the Inspector General of the District of Columbia, performing internal audits of accounts and operations and records of the District government, including the examination of any accounts or records of financial transactions, giving due consideration to the effectiveness of accounting systems, internal control, and related administrative practices of the departments and agencies of the District government.

"(18) Exercising responsibility for the administration and supervision of the District of Columbia Treasurer (except that the Chief Financial Officer may delegate any portion of such responsibility as the Chief Financial Officer considers appropriate and consistent with efficiency).

"(19) Administering all borrowing programs of the District government for the issuance of long-term and short-term indebtedness.

"(20) Administering the cash management program of the District government, including the investment of surplus funds in governmental and non-governmental interest-bearing securities and accounts.

"(21) Administering the centralized District government payroll and retirement systems (other than the retirement system for police officers, fire fighters, and teachers).

"(22) Governing the accounting policies and systems applicable to the District government.

"(23) Preparing appropriate annual, quarterly, and monthly financial reports of the accounting and financial operations of the District government.

"(24) Not later than 120 days after the end of each fiscal year, preparing the complete financial statement and report on the activities of the District government for such fiscal year, for the use of the Mayor under § 1- 204.48(a)(4)."

Effective Dates

Section 336(b) of Pub. L. 108-335 provided that the amendment made by subsection (a) shall take effect as if included in the enactment of the Emergency Wartime Supplemental Appropriations Act, 2003 [Public Law 108-11].

Section 4(b) of Pub. L. 108-489 provided: "The amendment made by subsection (a) shall apply with respect to fiscal year 2005 and each succeeding fiscal year."

References in Text

The "District of Columbia Financial Responsibility and Management Assistance Act of 1995", referred to in (3), is Pub. L. 104-8, 109 Stat. 97.

Delegation of Authority

Delegation of authority under D.C. Act 11-404, the "General Obligation Bond Act of 1996", see Mayor's Order 96-146, October 7, 1996 (43 DCR 5671).

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Pub. L. 107-20, ch. 3, § 2301, July 23, 2001, 115 Stat. 173, provides:

"REPORT BY THE MAYOR. The Mayor of the District of Columbia shall provide the House and Senate Committees on Appropriations, the Senate Committee on Governmental Affairs and the House Committee on Government Reform with a report on the specific authority necessary to carry out the responsibilities transferred to the Chief Financial Officer in a non-control year, outlined in section 155 of Public Law 106-522, the Fiscal Year 2001 District of Columbia Appropriations Act, and responsibilities outlined in Bill 14-254, passed by the Council of the District of Columbia on July 10, 2001 relating to the transition of responsibilities under Public Law 104-8, the District of Columbia Financial Responsibility and Management Assistance Act of 1995, within 45 days of the enactment of this Act."

Section 409 of Pub. L. 107-206, Aug. 2, 2002, 116 Stat. 848, provides:

"Sec. 409. Effective June 30, 2002, the authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period (as defined in Public Law 104-8) shall remain in effect through July 1, 2003 or until such time as the District of Columbia Fiscal Integrity Act becomes effective, whichever occurs sooner."

Section 2302 of Pub. L. 108-11, April 16, 2003, 117 Stat. 593, as amended by Pub. L. 108-335, § 336(a), Oct. 18, 2004, 118 Stat. 1347, provides:

"Sec. 2302. The authority which the Chief Financial Officer of the District of Columbia exercised with respect to personnel, procurement, and the preparation of fiscal impact statements during a control period (as defined in Public Law 104-8) shall remain in effect through September 30, 2005."

Delegation of Authority Under the District of Columbia Revenue Act of 1970, Public Law No. 91-650, see Mayor's Order 2006-51, April 14, 2006 (53 DCR 5300).

DC CODE § 1-204.24c

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Chief Financial Officer.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Notwithstanding any provisions of this chapter which grant authority to other entities of the District government, the Chief Financial Officer shall have the following duties and shall take such steps as are necessary to perform these duties:

</section>
<section prefix="1">
 During a control year, preparing the financial plan and the budget for the use of the Mayor for purposes of part B of subchapter VII of Chapter 3 of Title 47.
</section>
<section prefix="2">
 Preparing the budgets of the District of Columbia for the year for the use of the Mayor for purposes of part D of this subchapter, and preparing the 5- year financial plan based upon the adopted budget for submission with the District of Columbia budget by the Mayor to Congress.
</section>
<section prefix="3">
 During a control year, assuring that all financial information presented by the Mayor is presented in a manner, and is otherwise consistent with, the requirements of parts A through E of subchapter VII of Chapter 3 of Title 47.
</section>
<section prefix="4">
 Implementing appropriate procedures and instituting such programs, systems, and personnel policies within the Chief Financial Officer's authority, to ensure that budget, accounting, and personnel control systems and structures are synchronized for budgeting and control purposes on a continuing basis and to ensure that appropriations are not exceeded.
</section>
<section prefix="5">
 Preparing and submitting to the Mayor and the Council, with the approval of the Authority during a control year, and making public--
</section>
<section prefix="A">
 annual estimates of all revenues of the District of Columbia (without regard to the source of such revenues), including proposed revenues, which shall be binding on the Mayor and the Council for purposes of preparing and submitting the budget of the District government for the year under part D of this subchapter, except that the Mayor and the Council may prepare the budget based on estimates of revenues which are lower than those prepared by the Chief Financial Officer; and
</section>
<section prefix="B">
 quarterly re-estimates of the revenues of the District of Columbia during the year.
</section>
<section prefix="6">
 Supervising and assuming responsibility for financial transactions to ensure adequate control of revenues and resources.
</section>
<section prefix="7">
 Maintaining systems of accounting and internal control designed to provide--
</section>
<section prefix="A">
 full disclosure of the financial impact of the activities of the District government;
</section>
<section prefix="B">
 adequate financial information needed by the District government for management purposes;
</section>
<section prefix="C">
 effective control over, and accountability for, all funds, property, and other assets of the District of Columbia; and
</section>
<section prefix="D">
 reliable accounting results to serve as the basis for preparing and supporting agency budget requests and controlling the execution of the budget.
</section>
<section prefix="8">
 Submitting to the Council a financial statement of the District government, containing such details and at such times as the Council may specify.
</section>
<section prefix="9">
 Supervising and assuming responsibility for the assessment of all property subject to assessment and special assessments within the corporate limits of the District of Columbia for taxation, preparing tax maps, and providing such notice of taxes and special assessments (as may be required by law).
</section>
<section prefix="0">
 Supervising and assuming responsibility for the levying and collection of all taxes, special assessments, licensing fees, and other revenues of the District of Columbia (as may be required by law), and receiving all amounts paid to the District of Columbia from any source (including the Authority).
</section>
<section prefix="1">
 Maintaining custody of all public funds belonging to or under the control of the District government (or any department or agency of the District government), and depositing all amounts paid in such depositories and under such terms and conditions as may be designated by the Council (or by the Authority during a control year).
</section>
<section prefix="2">
 Maintaining custody of all investment and invested funds of the District government or in possession of the District government in a fiduciary capacity, and maintaining the safekeeping of all bonds and notes of the District government and the receipt and delivery of District government bonds and notes for transfer, registration, or exchange.
</section>
<section prefix="3">
 Apportioning the total of all appropriations and funds made available during the year for obligation so as to prevent obligation or expenditure in a manner which would result in a deficiency or a need for supplemental appropriations during the year, and (with respect to appropriations and funds available for an indefinite period and all authorizations to create obligations by contract in advance of appropriations) apportioning the total of such appropriations, funds, or authorizations in the most effective and economical manner.
</section>
<section prefix="4">
 Certifying all contracts and leases (whether directly or through delegation) prior to execution as to the availability of funds to meet the obligations expected to be incurred by the District government under such contracts and leases during the year.
</section>
<section prefix="5">
 Prescribing the forms of receipts, vouchers, bills, and claims to be used by all agencies, offices, and instrumentalities of the District government.
</section>
<section prefix="6">
 Certifying and approving prior to payment of all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the District government, and determining the regularity, legality, and correctness of such bills, invoices, payrolls, claims, demands, or charges.
</section>
<section prefix="7">
 In coordination with the Inspector General of the District of Columbia, performing internal audits of accounts and operations and records of the District government, including the examination of any accounts or records of financial transactions, giving due consideration to the effectiveness of accounting systems, internal control, and related administrative practices of the departments and agencies of the District government.
</section>
<section prefix="8">
 Exercising responsibility for the administration and supervision of the District of Columbia Treasurer.
</section>
<section prefix="9">
 Supervising and administering all borrowing programs for the issuance of long-term and short-term indebtedness, as well as other financing-related programs of the District government.
</section>
<section prefix="0">
 Administering the cash management program of the District government, including the investment of surplus funds in governmental and non-governmental interest-bearing securities and accounts.
</section>
<section prefix="1">
 Administering the centralized District government payroll and retirement systems (other than the retirement system for police officers, fire fighters, and teachers).
</section>
<section prefix="2">
 Governing the accounting policies and systems applicable to the District government.
</section>
<section prefix="3">
 Preparing appropriate annual, quarterly, and monthly financial reports of the accounting and financial operations of the District government.
</section>
<section prefix="4">
 Not later than 120 days after the end of each fiscal year, preparing the complete financial statement and report on the activities of the District government for such fiscal year, for the use of the Mayor under § 1- 204.48(a)(4).
</section>
<section prefix="5">
 Preparing fiscal impact statements on regulations, multiyear contracts, contracts over $1,000,000 and on legislation, as required by § 1-301.47a.
</section>
<section prefix="6">
 Preparing under the direction of the Mayor, who has the specific responsibility for formulating budget policy using Chief Financial Officer technical and human resources, the budget for submission by the Mayor to the Council and to the public and upon final adoption to Congress and to the public.
</section>
<section prefix="7">
 Certifying all collective bargaining agreements and nonunion pay proposals prior to submission to the Council for approval as to the availability of funds to meet the obligations expected to be incurred by the District government under such collective bargaining agreements and nonunion pay proposals during the year.
</section>
<section prefix="8">
 With respect to attorneys in special education cases brought under the Individuals with Disabilities Education Act in the District of Columbia during fiscal year 2006 and each succeeding fiscal year--
</section>
<section prefix="A">
 requiring such attorneys to certify in writing that the attorney or representative of the attorney rendered any and all services for which the attorney received an award in such a case, including those received under a settlement agreement or as part of an administrative proceeding, from the District of Columbia;
</section>
<section prefix="B">
 requiring such attorneys, as part of the certification under subparagraph (A) of this paragraph, to disclose any financial, corporate, legal, membership on boards of directors, or other relationships with any special education diagnostic services, schools, or other special education service providers to which the attorneys have referred any clients in any such cases; and
</section>
<section prefix="C">
 preparing and submitting quarterly reports to the Committees on Appropriations of the House of Representatives and Senate on the certification of and the amount paid by the government of the District of Columbia, including the District of Columbia Public Schools, to such attorneys.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(d), as added Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 302(a); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 155(b)(2)(A); repealed Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 155(b)(2)(C); restored as § 424(d), Oct. 16, 2006, 120 Stat. 2034, 2042, Pub. L. 109-356, §§ 201(a), 308(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-317.4.

Effect of Amendments

Pub.L. 106-522, in par. (2), deleted "or § 47-317.4 [1981 Ed.]" following "§ 47-317.3 [§ 1-204.24c, 2001 Ed.]".

Pub. L. 109-356 rewrote the section which had previously read:

"§ 1-204.24d. Functions of Treasurer.

"At all times, the Treasurer shall have the following duties:

"(1) Assisting the Chief Financial Officer in reporting revenues received by the District government, including submitting annual and quarterly reports concerning the cash position of the District government not later than 60 days after the last day of the quarter (or year) involved. Such reports shall include:

"(A) Comparative reports of revenue and other receipts by source, including tax, nontax, and Federal revenues, grants and reimbursements, capital program loans, and advances. Each source shall be broken down into specific components.

"(B) Statements of the cash flow of the District government for the preceding quarter or year, including receipts, disbursements, net changes in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment. Such statements shall reflect the actual, planned, better or worse dollar amounts and the percentage change with respect to the current quarter, year-to-date, and fiscal year;

"(C) Quarterly cash flow forecast for the quarter or year involved, reflecting receipts, disbursements, net change in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment with respect to the actual dollar amounts for the quarter or year, and projected dollar amounts for each of the 3 succeeding quarters;

"(D) Monthly reports reflecting a detailed summary analysis of all District of Columbia government investments, including, but not limited to:

"(i) The total of long-term and short-term investments;

"(ii) A detailed summary analysis of investments by type and amount, including purchases, sales (maturities), and interest;

"(iii) An analysis of investment portfolio mix by type and amount, including liquidity, quality/risk of each security, and similar information;

"(iv) An analysis of investment strategy, including near-term strategic plans and projects of investment activity, as well as forecasts of future investment strategies based on anticipated market conditions, and similar information; and

"(v) An analysis of cash utilization, including:

"(I) Comparisons of budgeted percentages of total cash to be invested with actual percentages of cash invested and the dollar amounts;

"(II) Comparisons of the next return on invested cash expressed in percentages (yield) with comparable market indicators and established District of Columbia government yield objectives; and

"(III) Comparisons of estimated dollar return against actual dollar yield; and

"(E) Monthly reports reflecting a detailed summary analysis of long-term and short-term borrowings inclusive of debt as authorized by § 1-206.03, in the current fiscal year and the amount of debt for each succeeding fiscal year not to exceed 5 years; all such reports shall reflect:

"(i) The amount of debt outstanding by type of instrument;

"(ii) The amount of authorized and unissued debt, including availability of short-term lines of credit, United States Treasury borrowings, and similar information;

"(iii) A maturity schedule of the debt;

"(iv) The rate of interest payable upon the debt; and

"(v) The amount of debt service requirements and related debt service reserves; and

"(2) Such other functions assigned to the Chief Financial Officer under § 1- 204.24c as the Chief Financial Officer may delegate."

References in Text

The Individuals with Disabilities Education Act, referred to in par. (28), is codified at 20 U.S.C. § 1400 et seq.

Editor's Notes

Former § 1-204.24d, relating to functions during all years, derived from Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(d), as added Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 302(a), was repealed by Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 155(b)(2)(A).

DC CODE § 1-204.24d

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Chief Financial Officer.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


At all times, the Treasurer shall have the following duties:

</section>
<section prefix="1">
 Assisting the Chief Financial Officer in reporting revenues received by the District government, including submitting annual and quarterly reports concerning the cash position of the District government not later than 60 days after the last day of the quarter (or year) involved. Each such report shall include the following:
</section>
<section prefix="A">
 Comparative reports of revenue and other receipts by source, including tax, nontax, and Federal revenues, grants and reimbursements, capital program loans, and advances. Each source shall be broken down into specific components.
</section>
<section prefix="B">
 Statements of the cash flow of the District government for the preceding quarter or year, including receipts, disbursements, net changes in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment. Such statements shall reflect the actual, planned, better or worse dollar amounts and the percentage change with respect to the current quarter, year-to-date, and fiscal year.
</section>
<section prefix="C">
 Quarterly cash flow forecast for the quarter or year involved, reflecting receipts, disbursements, net change in cash inclusive of the beginning balance, cash and investment, and the ending balance, inclusive of cash and investment with respect to the actual dollar amounts for the quarter or year, and projected dollar amounts for each of the 3 succeeding quarters.
</section>
<section prefix="D">
 Monthly reports reflecting a detailed summary analysis of all District of Columbia government investments, including--
</section>
<section prefix="i">
 the total of long-term and short-term investments;
</section>
<section prefix="i">
 a detailed summary analysis of investments by type and amount, including purchases, sales (maturities), and interest;
</section>
<section prefix="i">
 an analysis of investment portfolio mix by type and amount, including liquidity, quality/risk of each security, and similar information;
</section>
<section prefix="v">
 an analysis of investment strategy, including near-term strategic plans and projects of investment activity, as well as forecasts of future investment strategies based on anticipated market conditions, and similar information; and
</section>
<section prefix="v">
 an analysis of cash utilization, including--
</section>
<section prefix="I">
 comparisons of budgeted percentages of total cash to be invested with actual percentages of cash invested and the dollar amounts;
</section>
<section prefix="I">
 comparisons of the next return on invested cash expressed in percentages (yield) with comparable market indicators and established District of Columbia government yield objectives; and
</section>
<section prefix="I">
 comparisons of estimated dollar return against actual dollar yield.
</section>
<section prefix="E">
 Monthly reports reflecting a detailed summary analysis of long-term and short-term borrowings inclusive of debt as authorized by § 1-206.03, in the current fiscal year and the amount of debt for each succeeding fiscal year not to exceed 5 years. All such reports shall reflect--
</section>
<section prefix="i">
 the amount of debt outstanding by type of instrument;
</section>
<section prefix="i">
 the amount of authorized and unissued debt, including availability of short-term lines of credit, United States Treasury borrowings, and similar information;
</section>
<section prefix="i">
 a maturity schedule of the debt;
</section>
<section prefix="v">
 the rate of interest payable upon the debt; and
</section>
<section prefix="v">
 the amount of debt service requirements and related debt service reserves.
</section>
<section prefix="2">
 Such other functions assigned to the Chief Financial Officer under subsection (d) as the Chief Financial Officer may delegate.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(e), as added Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 302(a); redesignated § 424(d), Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 155(b)(2)(B), (C); restored as § 424(e), Oct. 16, 2006, 120 Stat. 2034, Pub. L. 109-356, § 201(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-317.5.

Effect of Amendments

Pub. L. 109-356 rewrote the section which had previously read:

"§ 1-204.24e. Definitions.

"In this part:

"(1) the term 'Authority' means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47- 391.01(a);

"(2) the term 'control year' has the meaning given such term under § 47- 393(4); and

"(3) the term 'District government' has the meaning given such term under § 47- 393(5)."

DC CODE § 1-204.24e

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Chief Financial Officer.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


For purposes of this part --

</section>
<section prefix="1">
 the term "Authority" means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47- 391.01(a);
</section>
<section prefix="2">
 the term "control year" has the meaning given such term under § 47- 393(4); and
</section>
<section prefix="3">
 the term "District government" has the meaning given such term under § 47-393(5).
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424(f), as added Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 302(a); redesignated § 424(e), Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 155(b)(2)(C); Oct. 16, 2006, 120 Stat. 2034, Pub. L. 109-356, § 201(a); restored as § 424(f), Oct. 16, 2006, 120 Stat. 2035, Pub. L. 109-356, § 201(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effect of Amendments

Pub. L. 109-356 rewrote the section which had previously read:

"§ 1-204.24f. Definitions.

"In this part:

"(1) the term 'Authority' means the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47- 391.01(a);

"(2) the term 'control year' has the meaning given such term under § 47- 393(4); and

"(3) the term 'District government' has the meaning given such term under § 47- 393(5)."

DC CODE § 1-204.24f

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Chief Financial Officer.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In general. -- Notwithstanding any provision of law or regulation (including any law or regulation providing for collective bargaining or the enforcement of any collective bargaining agreement), employees of the Office of the Chief Financial Officer of the District of Columbia, including personnel described in subsection (b) of this section, shall be appointed by, shall serve at the pleasure of, and shall act under the direction and control of the Chief Financial Officer of the District of Columbia, and shall be considered at-will employees not covered by Chapter 6 of this title, except that nothing in this section may be construed to prohibit the Chief Financial Officer from entering into a collective bargaining agreement governing such employees and personnel or to prohibit the enforcement of such an agreement as entered into by the Chief Financial Officer.
</section>
<section prefix="b">
 Personnel. -- The personnel described in this subsection are as follows:
</section>
<section prefix="1">
 The General Counsel to the Chief Financial Officer and all other attorneys in the Office of the General Counsel within the Office of the Chief Financial Officer of the District of Columbia, together with all other personnel of the Office.
</section>
<section prefix="2">
 All other individuals hired or retained as attorneys by the Chief Financial Officer or any office under the personnel authority of the Chief Financial Officer, each of whom shall act under the direction and control of the General Counsel to the Chief Financial Officer.
</section>
<section prefix="3">
 The heads and all personnel of the subordinate offices of the Office (as described in § 1-204.24a(b) and established as subordinate offices in § 1-204.24a(c)) and the Chief Financial Officers, Agency Fiscal Officers, and Associate Chief Financial Officers of all District of Columbia executive branch subordinate and independent agencies (in accordance with subsection (c)), together with all other District of Columbia accounting, budget, and financial management personnel (including personnel of executive branch independent agencies, but not including personnel of the legislative or judicial branches of the District government).
</section>
<section prefix="c">
 Appointment of certain executive branch agency chief financial officers. --
</section>
<section prefix="1">
 In general. -- The Chief Financial Officers and Associate Chief Financial Officers of all District of Columbia executive branch subordinate and independent agencies (other than those of a subordinate office of the Office) shall be appointed by the Chief Financial Officer, in consultation with the agency head, where applicable. The appointment shall be made from a list of qualified candidates developed by the Chief Financial Officer.
</section>
<section prefix="2">
 Transition. -- Any executive branch agency Chief Financial Officer appointed prior to October 16, 2006, may continue to serve in that capacity without reappointment.
</section>
<section prefix="d">
 Independent authority over legal personnel. -- Subchapter VIII-B of Chapter 6 of this title shall not apply to the Office of the Chief Financial Officer or to attorneys employed by the Office.
</section>
<section prefix="e">
 Inapplicability to water and sewer authority. -- The authority of the Chief Financial Officer under this section does not apply to personnel of the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424a, as added Oct. 16, 2006, 120 Stat. 2037, Pub. L. 109-356, § 202(a)(1); July 15, 2008, 122 Stat. 2491, Pub. L. 110-273, § 2(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effect of Amendments

Pub. L. 110-273 added subsec. (e).

Effective Dates

Section 2(b) of Pub. L. 110-273 provides that the amendments made by subsection (a) shall take effect as if included in the enactment of the 2005 District of Columbia Omnibus Authorization Act [Pub. L. 109-356].

References in Text

The "Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996," referred to in subsec. (e), is D.C. Law 11-111, which is codified primarily as § 34-2201.01 et seq.

DC CODE § 1-204.25

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Chief Financial Officer.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Chief Financial Officer shall carry out procurement of goods and services for the Office of the Chief Financial Officer through a procurement office or division which shall operate independently of, and shall not be governed by, the Office of Contracting and Procurement established under Unit A of Chapter 3 of Title 2 or any successor office, except the provisions applicable under such unit to procurement carried out by the Chief Procurement Officer established by § 2-301.05 or any successor office shall apply with respect to the procurement carried out by the Chief Financial Officer's procurement office or division.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 424b, as added Oct. 16, 2006, 120 Stat. 2037, Pub. L. 109-356, § 203(a)(1).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effective Dates

Section 203(c) of Pub. L. 109-356, as amended by Pub. L. 110-5, § 21073(h), provides: "This section and the amendments made by this section shall take effect [October 16, 2007]."

DC CODE § 1-204.26

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Judiciary.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The judicial power of the District is vested in the District of Columbia Court of Appeals and the Superior Court of the District of Columbia. The Superior Court has jurisdiction of any civil action or other matter (at law or in equity) brought in the District and of any criminal case under any law applicable exclusively to the District. The Superior Court has no jurisdiction over any civil or criminal matter over which a United States court has exclusive jurisdiction pursuant to an Act of Congress. The Court of Appeals has jurisdiction of appeals from the Superior Court and, to the extent provided by law, to review orders and decisions of the Mayor, the Council, or any agency of the District. The District of Columbia courts shall also have jurisdiction over any other matters granted to the District of Columbia courts by other provisions of law.
</section>
<section prefix="b">
 The chief judge of a District of Columbia court shall be designated by the District of Columbia Judicial Nominating [Nomination] Commission established by § 1-204.34 from among the judges of the court in regular active service, and shall serve as chief judge for a term of four years or until a successor is designated, except that the term as chief judge shall not extend beyond the chief judge's term as a judge of a District of Columbia court. An individual shall be eligible for redesignation as chief judge.
</section>
<section prefix="c">
 A judge of a District of Columbia court appointed on or after the date of enactment of the District of Columbia Court Reorganization Act of 1970 [July 29, 1970] shall be appointed for a term of fifteen years subject to mandatory retirement at age seventy-four or removal, suspension, or involuntary retirement pursuant to § 1-204.32 and upon completion of such term, such judge shall continue to serve until reappointed or a successor is appointed and qualifies. A judge may be reappointed as provided in subsection (c) of § 1- 204.33.
</section>
<section prefix="d">
(1) There is established a District of Columbia Commission on Judicial Disabilities and Tenure (hereinafter referred to as the "Tenure Commission"). The Tenure Commission shall consist of seven members selected in accordance with the provisions of subsection (e). Such members shall serve for terms of six years, except that the member selected in accordance with subsection (e)(3)(A) shall serve for five years; of the members first selected in accordance with subsection (e)(3)(B), one member shall serve for three years and one member shall serve for six years; of the members first selected in accordance with subsection (e)(3)(C), one member shall serve for a term of three years and one member shall serve for five years; the member first selected in accordance with subsection (e)(3)(D) shall serve for six years; and the member first appointed in accordance with subsection (e)(3)(E) shall serve for six years. In making the respective first appointments according to subsections (e)(3)(B) and (e)(3)(C), the Mayor and the Board of Governors of the unified District of Columbia Bar shall designate, at the time of such appointments, which member shall serve for the shorter term and which member shall serve for the longer term.
</section>
<section prefix="2">
 The Tenure Commission shall act only at meetings called by the Chairman or a majority of the Tenure Commission held after notice has been given of such meeting to all Tenure Commission members.
</section>
<section prefix="3">
 The Tenure Commission shall choose annually, from among its members, a Chairman and such other officers as it may deem necessary. The Tenure Commission may adopt such rules of procedures not inconsistent with this chapter as may be necessary to govern the business of the Tenure Commission.
</section>
<section prefix="4">
 The District government shall furnish to the Tenure Commission, upon the request of the Tenure Commission, such records, information, services, and such other assistance and facilities as may be necessary to enable the Tenure Commission properly to perform its functions. Information so furnished shall be treated by the Tenure Commission as privileged and confidential.
</section>
<section prefix="e">
(1) No person may be appointed to the Tenure Commission unless such person --
</section>
<section prefix="A">
 is a citizen of the United States;
</section>
<section prefix="B">
 is a bona fide resident of the District and has maintained an actual place of abode in the District for at least ninety days immediately prior to appointment; and
</section>
<section prefix="C">
 is not an officer or employee of the legislative branch or of an executive or military department or agency of the United States (listed in sections 101 and 102 of title 5 of the United States Code); and (except with respect to the person appointed or designated according to paragraph (3) (E)) is not an officer or employee of the judicial branch of the United States, or an officer or employee of the District government (including its judicial branch).
</section>
<section prefix="2">
 Any vacancy on the Tenure Commission shall be filled in the same manner in which the original appointment was made. Any person so appointed to fill a vacancy occurring other than upon the expiration of a prior term shall serve only for the remainder of the unexpired term of such person's predecessor.
</section>
<section prefix="3">
 In addition to all other qualifications listed in this section, lawyer members of the Tenure Commission shall have the qualifications prescribed for persons appointed as judges of the District of Columbia courts. Members of the Tenure Commission shall be appointed as follows:
</section>
<section prefix="A">
 One member shall be appointed by the President of the United States.
</section>
<section prefix="B">
 Two members shall be appointed by the Board of Governors of the unified District of Columbia Bar, both of whom shall have been engaged in the practice of law in the District for at least five successive years preceding their appointment.
</section>
<section prefix="C">
 Two members shall be appointed by the Mayor, one of whom shall not be a lawyer.
</section>
<section prefix="D">
 One member shall be appointed by the Council, and shall not be a lawyer.
</section>
<section prefix="E">
 One member shall be appointed by the chief judge of the United States District Court for the District of Columbia, and such member shall be an active or retired Federal judge serving in the District.
No person may serve at the same time on both the District of Columbia Judicial Nomination Commission and on the District of Columbia Commission on Judicial Disabilities and Tenure.

</section>
<section prefix="f">
 Any member of the Tenure Commission who is an active or retired Federal judge shall serve without additional compensation. Other members shall receive the daily equivalent at the rate provided by grade 18 of the General Schedule, established under section 5332 of title 5 of the United States Code, while actually engaged in service for the Commission.
</section>
<section prefix="g">
 The Tenure Commission shall have the power to suspend, retire, or remove a judge of a District of Columbia court as provided in § 1-204.32 and to make recommendations regarding the appointment of senior judges of the District of Columbia courts as provided in § 11-1504.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 792, Pub. L. 93-198, title IV, § 431; Oct. 13, 1977, 91 Stat. 1155, Pub. L. 95-131, § 3(a); Oct. 30, 1984, 98 Stat. 3142, Pub. L. 98-598, § 2(b); Oct. 28, 1986, 100 Stat. 3228, Pub. L. 99-573, § 4; June 13, 1994, Pub. L. 103-266, §§ 2(b)(1), 2(b)(2), 2(b)(3), 108 Stat. 713.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., Title 11, appx., § 431.

1973 Ed., Title 11, appx., § 431.

DC CODE § 1-204.31

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Judiciary.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
(1) A judge of a District of Columbia court shall be removed from office upon the filing in the District of Columbia Court of Appeals by the Tenure Commission of an order of removal certifying the entry, in any court within the United States, of a final judgment of conviction of a crime which is punishable as a felony under Federal law or which would be a felony in the District.
</section>
<section prefix="2">
 A judge of a District of Columbia court shall also be removed from office upon affirmance of an appeal from an order of removal filed in the District of Columbia Court of Appeals by the Tenure Commission (or upon expiration of the time within which such an appeal may be taken) after a determination by the Tenure Commission of--
</section>
<section prefix="A">
 willful misconduct in office,
</section>
<section prefix="B">
 willful and persistent failure to perform judicial duties, or
</section>
<section prefix="C">
 any other conduct which is prejudicial to the administration of justice or which brings the judicial office into disrepute.
</section>
<section prefix="b">
 A judge of a District of Columbia court shall be involuntarily retired from office when (1) the Tenure Commission determines that the judge suffers from a mental or physical disability (including habitual intemperance) which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of judicial duties, and (2) the Tenure Commission files in the District of Columbia Court of Appeals an order of involuntary retirement and the order is affirmed on appeal or the time within which an appeal may be taken from the order has expired.
</section>
<section prefix="c">
(1) A judge of a District of Columbia court shall be suspended, without salary --
</section>
<section prefix="A">
 upon --
</section>
<section prefix="i">
 proof of conviction of a crime referred to in subsection (a)(1) which has not become final, or
</section>
<section prefix="i">
 the filing of an order of removal under subsection (a)(2) which has not become final; and
</section>
<section prefix="B">
 upon the filing by the Tenure Commission of an order of suspension in the District of Columbia Court of Appeals.
Suspension under this paragraph shall continue until termination of all appeals. If the conviction is reversed or the order of removal is set aside, the judge shall be reinstated and shall recover any salary and all other rights and privileges of office.

</section>
<section prefix="2">
 A judge of a District of Columbia court shall be suspended from all judicial duties, with such retirement salary as the judge may be entitled, upon the filing by the Tenure Commission of an order of involuntary retirement under subsection (b) in the District of Columbia Court of Appeals. Suspension shall continue until termination of all appeals. If the order of involuntary retirement is set aside, the judge shall be reinstated and shall recover judicial salary less any retirement salary received and shall be entitled to all the rights and privileges of office.
</section>
<section prefix="3">
 A judge of a District of Columbia court shall be suspended from all or part of the judge's judicial duties, with salary, if the Tenure Commission, upon concurrence of five members, (A) orders a hearing for the removal or retirement of the judge pursuant to this part and determines that such suspension is in the interest of the administration of justice, and (B) files an order of suspension in the District of Columbia Court of Appeals. The suspension shall terminate as specified in the order (which may be modified, as appropriate, by the Tenure Commission) but in no event later than the termination of all appeals.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 794, Pub. L. 93-198, title IV, § 432; June 13, 1994, Pub. L. 103-266, §§ 2(b)(4), (5), 108 Stat. 713.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., Title 11, appx., § 432.

1973 Ed., Title 11, appx., § 432.

DC CODE § 1-204.32

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Judiciary.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Except as provided in § 1-204.34(d)(1), the President shall nominate, from the list of persons recommended by the District of Columbia Judicial Nomination Commission established under § 1-204.34, and, by and with the advice and consent of the Senate, appoint all judges of the District of Columbia courts.
</section>
<section prefix="b">
 No person may be nominated or appointed a judge of a District of Columbia court unless the person --
</section>
<section prefix="1">
 is a citizen of the United States;
</section>
<section prefix="2">
 is an active member of the unified District of Columbia Bar and has been engaged in the active practice of law in the District for the five years immediately preceding the nomination or for such five years has been on the faculty of a law school in the District, or has been employed as a lawyer by the United States or the District of Columbia government;
</section>
<section prefix="3">
 is a bona fide resident of the District of Columbia and has maintained an actual place of abode in the District for at least ninety days immediately prior to the nomination, and shall retain such residency while serving as such judge, except judges appointed prior to the effective date of this part who retain residency as required by § 11-1501(a) shall not be required to be residents of the District to be eligible for reappointment or to serve any term to which reappointed;
</section>
<section prefix="4">
 is recommended to the President, for such nomination and appointment, by the District of Columbia Judicial Nomination Commission; and
</section>
<section prefix="5">
 has not served, within a period of two years prior to the nomination, as a member of the Tenure Commission or of the District of Columbia Judicial Nomination Commission.
</section>
<section prefix="c">
 Not less than six months prior to the expiration of the judge's term of office, any judge of the District of Columbia courts may file with the Tenure Commission a declaration of candidacy for reappointment. If a declaration is not so filed by any judge, a vacancy shall result from the expiration of the term of office and shall be filled by appointment as provided in subsections (a) and (b) of this section. If a declaration is so filed, the Tenure Commission shall, not less than sixty days prior to the expiration of the declaring candidate's term of office, prepare and submit to the President a written evaluation of the declaring candidate's performance during the present term of office and the candidate's fitness for reappointment to another term. If the Tenure Commission determines the declaring candidate to be well qualified for reappointment to another term, then the term of such declaring candidate shall be automatically extended for another full term, subject to mandatory retirement, suspension, or removal. If the Tenure Commission determines the declaring candidate to be qualified for reappointment to another term, then the President may nominate such candidate, in which case the President shall submit to the Senate for advice and consent the renomination of the declaring candidate as judge. If the President determines not to so nominate such declaring candidate, the President shall nominate another candidate for such position only in accordance with the provisions of subsections (a) and (b) of this section. If the Tenure Commission determines the declaring candidate to be unqualified for reappointment to another term, then the President shall not submit to the Senate for advice and consent the renomination of the declaring candidate as judge and such judge shall not be eligible for reappointment or appointment as a judge of a District of Columbia court.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 795, Pub. L. 93-198, title IV, § 433; Oct. 28, 1986, 100 Stat. 3228, Pub. L. 99-573, §§ 12, 13; June 13, 1994, Pub. L. 103-266, §§ 2(b)(6), 2(b)(7), 2(b)(8), 108 Stat.713; Sept. 9, 1996, 110 Stat. 2369, Pub. L. 104-194, § 131(b); Apr. 26, 1996, 110 Stat. 1321 [210], Pub. L. 104-134, § 133(b).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., Title 11, appx., § 433.

1973 Ed., Title 11, appx., § 433.

Editor's Notes

Section 133(b) of Public Law 104-134, 110 Stat. 1321 [210], amended (b)(5) to read as follows:

"(5) Members of the commission shall serve without compensation for services rendered in connection with their official duties on the Commission.".

Section 131(b) of Public Law 104-194, 110 Stat. 2369, repealed § 133(b) of Pub. L. 104-134 and provided that the provision of law amended by such section is hereby restored as if such section had not been enacted into law.

DC CODE § 1-204.33

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">The Judiciary.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established for the District of Columbia the District of Columbia Judicial Nomination Commission (hereafter in this section referred to as the "Commission"). The Commission shall consist of seven members selected in accordance with the provisions of subsection (b). Such members shall serve for terms of six years, except that the member selected in accordance with subsection (b)(4)(A) shall serve for five years; of the members first selected in accordance with subsection (b)(4)(B), one member shall serve for three years and one member shall serve for six years; of the members first selected in accordance with subsection (b)(4)(C), one member shall serve for a term of three years and one member shall serve for five years; the member first selected in accordance with subsection (b)(4)(D) shall serve for six years; and the member first appointed in accordance with subsection (b)(4)(E) shall serve for six years. In making the respective first appointments according to subsections (b)(4)(B) and (b)(4)(C), the Mayor and the Board of Governors of the unified District of Columbia Bar shall designate, at the time of such appointments, which member shall serve for the shorter term and which member shall serve for the longer term.
</section>
<section prefix="b">
(1) No person may be appointed to the Commission unless the person --
</section>
<section prefix="A">
 is a citizen of the United States;
</section>
<section prefix="B">
 is a bona fide resident of the District and has maintained an actual place of abode in the District for at least 90 days immediately prior to appointment; and
</section>
<section prefix="C">
 is not a member, officer, or employee of the legislative branch or of an executive or military department or agency of the United States (listed in sections 101 and 102 of title 5 of the United States Code); and (except with respect to the person appointed or designated according to paragraph (4) (E)) is not an officer or employee of the judicial branch of the United States, or an officer or employee of the District government (including its judicial branch).
</section>
<section prefix="2">
 Any vacancy on the Commission shall be filled in the same manner in which the original appointment was made. Any person so appointed to fill a vacancy occurring other than upon the expiration of a prior term shall serve only for the remainder of the unexpired term of such person's predecessor.
</section>
<section prefix="3">
 It shall be the function of the Commission to submit nominees for appointment to positions as judges of the District of Columbia courts in accordance with § 1-204.33.
</section>
<section prefix="4">
 In addition to all other qualifications listed in this section, lawyer members of the Commission shall have the qualifications prescribed for persons appointed as judges for the District of Columbia courts. Members of the Commission shall be appointed as follows:
</section>
<section prefix="A">
 One member shall be appointed by the President of the United States.
</section>
<section prefix="B">
 Two members shall be appointed by the Board of Governors of the unified District of Columbia Bar, both of whom shall have been engaged in the practice of law in the District for at least five successive years preceding their appointment.
</section>
<section prefix="C">
 Two members shall be appointed by the Mayor, one of whom shall not be a lawyer.
</section>
<section prefix="D">
 One member shall be appointed by the Council, and shall not be a lawyer.
</section>
<section prefix="E">
 One member shall be appointed by the chief judge of the United States District Court for the District of Columbia, and such member shall be an active or retired Federal judge serving in the District.
</section>
<section prefix="5">
 Members of the Commission shall serve without compensation for services rendered in connection with their official duties on the Commission.
</section>
<section prefix="c">
(1) The Commission shall act only at meetings called by the Chairman or a majority of the Commission held after notice has been given of such meeting to all Commission members. Meetings of the Commission may be closed to the public. Section 1-207.42 shall not apply to meetings of the Commission.
</section>
<section prefix="2">
 The Commission shall choose annually, from among its members, a Chairman, and such other officers as it may deem necessary. The Commission may adopt such rules of procedures not inconsistent with this chapter as may be necessary to govern the business of the Commission.
</section>
<section prefix="3">
 The District government shall furnish to the Commission, upon the request of the Commission, such records, information, services, and such other assistance and facilities as may be necessary to enable the Commission properly to perform its function. Information, records, and other materials furnished to or developed by the Commission in the performance of its duties under this section shall be privileged and confidential. Section 552 of title 5, United States Code (known as the Freedom of Information Act), shall not apply to any such materials.
</section>
<section prefix="d">
(1) In the event of a vacancy in any position of the judge of a District of Columbia court, the Commission shall, within sixty days following the occurrence of such vacancy, submit to the President, for possible nomination and appointment, a list of three persons for each vacancy. If more than one vacancy exists at one given time, the Commission must submit lists in which no person is named more than once and the President may select more than one nominee from one list. Whenever a vacancy will occur by reason of the expiration of such judge's term of office, the Commission's list of nominees shall be submitted to the President not less than sixty days prior to the occurrence of such vacancy. In the event the President fails to nominate, for Senate confirmation, one of the persons on the list submitted to the President under this section within sixty days after receiving such list, the Commission shall nominate, and with the advice and consent of the Senate, appoint one of those persons to fill the vacancy for which such list was originally submitted to the President.
</section>
<section prefix="2">
 In the event any person recommended by the Commission to the President requests that the recommendation be withdrawn, dies, or in any other way becomes disqualified to serve as a judge of the District of Columbia courts, the Commission shall promptly recommend to the President one person to replace the person originally recommended.
</section>
<section prefix="3">
 In no instance shall the Commission recommend any person, who in the event of timely nomination following a recommendation by the Commission, does not meet, upon such nomination, the qualifications specified in § 1-204.33.
</section>
<section prefix="4">
 Upon submission to the President, the name of any individual recommended under this subsection shall be made public by the Judicial Nomination Commission.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 796, Pub. L. 93-198, title IV, § 434; Oct. 13, 1977, 91 Stat. 1155, Pub. L. 95-131, § 3(b); Oct. 28, 1986, 100 Stat. 3228, Pub. L. 99-573, §§ 8-10, 15; June 13, 1994, Pub. L. 103-266, §§ 2(b)(9), 2(b)(10), 108 Stat. 713; Sept. 9, 1996, 110 Stat. 2369, Pub. L. 104-194, § 131(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., Title 11, appx., § 434.

1973 Ed., Title 11, appx., § 434.

Temporary Amendments of Section

Section 2 of D.C. Law 18-224 amended section 202 of D.C. Law 18-160 to read as follows:

"Sec. 202. Applicability.

"Section 201 shall apply upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum held for such purpose and a 35-day period of Congressional review as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03), and publication in the District of Columbia Register.".

Section 5(b) of D.C. Law 18-224 provides that the act shall expire after 225 days of its having taken effect.

Miscellaneous Notes

Time limit for submission of lists: Section 3 of Public Law 98-235 provided that notwithstanding the time limitations of subsection (d)(1) of this section, the District of Columbia Judicial Nomination Commission shall submit lists for initial nominations and appointments to judicial positions created under the act within 90 days after the date of enactment of the act. Approved March 19, 1984.

DC CODE § 1-204.34

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Election of the Attorney General.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Attorney General for the District of Columbia shall be elected on a partisan basis by the registered qualified electors of the District. Nothing in this section shall prevent a candidate for the position of Attorney General from belonging to a political party.
</section>
<section prefix="b">
(1) If a vacancy in the position of Attorney General occurs as a consequence of resignation, permanent disability, death, or other reason, the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation. If a vacancy in the position of Attorney General occurs as a consequence of resignation, permanent disability, death, or other reason, the Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which the vacancy occurs, unless the Board of Elections and Ethics determines that the vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph. The person elected Attorney General to fill a vacancy in the Office of the Attorney General shall take office on the day in which the Board of Elections and Ethics certifies his or her election, and shall serve as Attorney General only for the remainder of the term during which the vacancy occurred unless reelected.
</section>
<section prefix="2">
 When the position of Attorney General becomes vacant, the Chief Deputy Attorney General shall become the Acting Attorney General and shall serve from the date the vacancy occurs until the date on which the Board of Elections and Ethics certifies the election of the new Attorney General at which time he or she shall again become the Chief Deputy Attorney General. While the Chief Deputy Attorney General is Acting Attorney General, he or she shall receive the compensation regularly paid the Attorney General, and shall receive no compensation as Chief Deputy Attorney General.
</section>
<section prefix="c">
 The term of office for the Attorney General shall be 4 years and shall begin on noon on January 2nd of the year following his or her election. The term of office of the Attorney General shall coincide with the term of office of the Mayor.
</section>
<section prefix="d">
 Any candidate for the position of Attorney General shall meet the qualifications of § 1-301.83, prior to the day on which the election for the Attorney General is to be held.
</section>
<section prefix="e">
 The first election for the position of Attorney General shall be after January 1, 2014.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, as added May 28, 2011, D.C. Law 18-160A, § 201(b), 57 DCR 3012; July 18, 2012, 126 Stat.1133, Pub. L. 112-145, § 2(c).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effect of Amendments

D.C. Law 112-145, in subsec. (b)(1), substituted "the Board of Elections shall hold a special election in the District on the Tuesday occurring at least 70 days and not more than 174 days after the date on which such vacancy occurs which the Board of Elections determines, based on a totality of the circumstances, taking into account, inter alia, cultural and religious holidays and the administrability of the election, will provide the opportunity for the greatest level of voter participation." for "the Board of Elections and Ethics shall hold a special election in the District on the 1st Tuesday occurring more than 114 days after the date on which the vacancy occurs, unless the Board of Elections and Ethics determines that the vacancy could be more practicably filled in a special election held on the same day as the next general election to be held in the District occurring within 60 days of the date on which a special election would otherwise have been held under the provisions of this paragraph."

Temporary Amendments of Section

Section 2 of D.C. Law 18-224 amended section 202 of D.C. Law 18-160 to read as follows:

"Sec. 202. Applicability.

"Section 201 shall apply upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum held for such purpose and a 35-day period of Congressional review as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03), and publication in the District of Columbia Register.".

Section 5(b) of D.C. Law 18-224 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) amendment of section 202 of Law 18-160, see § 2 of the Elected Attorney General Referendum Emergency Amendment Act of 2010 (D.C. Act 18-443, June 17, 2010, 57 DCR 5403).

For temporary (90 day) amendment of section 202 of Law 18-160, see § 2 of the Elected Attorney General Referendum Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-532, August 6, 2010, 57 DCR 8142).

For temporary (90 day) amendment of section 202 of D.C. Law 18-160, see § 204 of Receiving Stolen Property and Public Safety Amendments Emergency Amendment Act of 2011 (D.C. Act 19-261, December 21, 2011, 58 DCR 11232).

For temporary (90 day) amendment of section 202 of D.C. Law 18-160, see § 203 of Receiving Stolen Property and Public Safety Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-326, March 19, 2012, 59 DCR 2384).

Legislative History of Laws

Law 18-160, the "Attorney General for the District of Columbia Clarification and Elected Term Amendment Act of 2010", was introduced in Council and assigned Bill No. 18-65, which was referred to the Committee on Public Safety and the Judiciary. The bill was adopted on first and second readings on January 5, 2010, and February 2, 2010, respectively. Deemed approved without the signature of the Mayor on March 30, 2010, it was assigned Act No. 18-351 and transmitted to both Houses of Congress for its review. D.C. Law 18-160 became effective on May 27, 2010.

Effective Dates

D.C. Law 18-160 contained an applicability clause for section 201 of the Act that, after amendment by emergency Act 18-443, temporary Law 18-224, and emergency Act 19-51, stated that section 201 would become law upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum and 35 days of congressional review.

D.C. Law 18-160 became effective on May 27, 2010. Section 201 of D.C. Law 18- 160 was ratified by the electors of the District of Columbia in a general election held on November 2, 2010, and certified by the District of Columbia Board of Elections and Ethics on November 29, 2010. Section 201 became effective as law on May 30, 2011, following 35 days of congressional review and assigned Law Number 18-160A. Section 201 adds a new section 435 to the District of Columbia Home Rule Act (HRA) pursuant to section 303 of the HRA.

Miscellaneous Notes

Section 203 of D.C. Law 19-120 amended section 202 of D.C. Law 18-160 to read as follows:

"Sec. 202. Applicability.

"Section 201 shall apply upon its ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum held for such purpose and a 35-day period of Congressional review as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-203.03), and publication in the District of Columbia Register.".

Section 3 of Pub. L. 112-145 provides:

"Sec. 3. EFFECTIVE DATE.

"The amendments made by section 2 shall apply with respect to vacancies occurring on or after the enactment of this Act."

DC CODE § 1-204.35

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In general. -- Except as provided in subsection (b) of this section, the fiscal year of the District shall, beginning on October 1, 1976, commence on the first day of October of each year and shall end on the 30th day of September of the succeeding calendar year. Such fiscal year shall also constitute the budget and accounting year.
</section>
<section prefix="b">
 Exceptions. --
</section>
<section prefix="1">
 Armory Board. -- The fiscal year for the Armory Board shall begin on the first day of January and shall end on the thirty-first day of December of each calendar year.
</section>
<section prefix="2">
 Schools. -- Effective with respect to fiscal year 2007 and each succeeding fiscal year, the fiscal year for the District of Columbia Public Schools (including public charter schools) and the University of the District of Columbia may begin on the first day of July and end on the thirtieth day of June of each calendar year.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 798, Pub. L. 93-198, title IV, § 441; Aug. 29, 1974, 88 Stat. 793, Pub. L. 93-395, § 1(3); Nov. 15, 1977, 91 Stat. 1383, Pub. L. 95-185, § 1; Oct. 30, 2004, 118 Stat. 2230, Pub. L. 108-386, § 4; Oct. 16, 2006, 120 Stat. 2029, Pub. L. 109-356, § 124.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-101.

1973 Ed., § 47-101.

Effect of Amendments

Pub. L. 108-386, in the first sentence, substituted "(a) In general -- Except as provided in subsection (b), the fiscal year" for "The fiscal year"; deleted the third sentence which had read "Such fiscal year shall also constitute the budget and accounting year."; and added subsec. (b).

Pub. L. 109-356, in subsec. (b)(2), substituted "may begin" for "shall begin".

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provides that: "The amendments made by this section shall take effect on the date of the enactment of this Act [Oct. 30, 2004]."

Miscellaneous Notes

Temporary Commission on Financial Oversight of the District of Columbia: Sections 1 to 3 and 5 to 7 of the Act of September 4, 1976, 90 Stat. 1205, Pub. L. 94-399, as amended by the Act of September 26, 1978, 92 Stat. 750, Pub. L. 95-386 and the Act of June 21, 1979, 93 Stat. 75, Pub. L. 96-27, provided for the establishment of the Temporary Commission on Finance Oversight of the District of Columbia for the purpose of improving the financial planning, reporting, and control systems of the District government. 31 U.S.C. § 715 sets up audit of accounts in D.C. on a permanent basis as of 1982 in § 1- 207.36.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Definitions applicable: The definitions in § 1-201.03 apply to this section.

DC CODE § 1-204.41

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 At such time as the Council may direct, the Mayor shall prepare and submit to the Council each year, and make available to the public, an annual budget for the District of Columbia government which shall include:
</section>
<section prefix="1">
 The budget for the forthcoming fiscal year in such detail as the Mayor determines necessary to reflect the actual financial condition of the District government for such fiscal year, and specify the agencies and purposes for which funds are being requested; and which shall be prepared on the assumption that proposed expenditures resulting from financial transactions undertaken on either an obligation or cash outlay basis, for such fiscal year shall not exceed estimated resources from existing sources and proposed resources;
</section>
<section prefix="2">
 An annual budget message which shall include supporting financial and statistical information on the budget for the forthcoming fiscal year and information on the approved budgets and expenditures for the immediately preceding 3 fiscal years;
</section>
<section prefix="3">
 A multiyear plan for all agencies of the District government as required under § 1-204.43;
</section>
<section prefix="4">
 A multiyear capital improvements plan for all agencies of the District government as required under § 1-204.44;
</section>
<section prefix="5">
 A program performance report comparing actual performance of as many programs as is practicable for the last completed fiscal year against proposed goals for such programs for such year, and, in addition, presenting as many qualitative or quantitative measures of program effectiveness as possible (including results of statistical sampling or other special analyses), and indicating the status of efforts to comply with the reports of the District of Columbia Auditor and the Comptroller General of the United States;
</section>
<section prefix="6">
 An issue analysis statement consisting of a reasonable number of issues, identified by the Council in its action on the budget in the preceding fiscal year, having significant revenue or budgetary implications, and other similar issues selected by the Mayor, which shall consider the cost and benefits of alternatives and the rationale behind action recommended or adopted; and
</section>
<section prefix="7">
 A summary of the budget for the forthcoming fiscal year designed for distribution to the general public.
</section>
<section prefix="b">
 The budget prepared and submitted by the Mayor shall include, but not be limited to, recommended expenditures at a reasonable level for the forthcoming fiscal year for the Council, the District of Columbia Auditor, the District of Columbia Board of Elections and Ethics, the District of Columbia Judicial Nomination Commission, the Zoning Commission of the District of Columbia, the Public Service Commission, the Armory Board, the Commission on Judicial Disabilities and Tenure, and the District of Columbia Water and Sewer Authority.
</section>
<section prefix="c">
 The Mayor from time to time may prepare and submit to the Council such proposed supplemental or deficiency budget recommendations as in his judgment are necessary on account of laws enacted after transmission of the budget or are otherwise in the public interest. The Mayor shall submit with such proposals a statement of justifications, including reasons for their omission from the annual budget. Whenever such proposed supplemental or deficiency budget recommendations are in an amount which would result in expenditures in excess of estimated resources, the Mayor shall make such recommendations as are necessary to increase resources to meet such increased expenditures.
</section>
<section prefix="d">
 The Mayor shall prepare and submit to the Council a proposed supplemental or deficiency budget recommendation under subsection (c) of this section if the Council by resolution requests the Mayor to submit such a recommendation.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 798, Pub. L. 93-198, title IV, § 442; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 301(c); Aug. 6, 1996, 110 Stat. 1698, Pub. L. 104-184, § 4(c).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-301.

1973 Ed., § 47-221.

Temporary Addition of Section

Sections 2 and 3 of D.C. Law 18-157 added sections to read as follows:

"Sec. 2. The Mayor shall submit a budget gap-closing plan for the District government for the current fiscal year to the Council not later than February 10, 2010. The Mayor shall make the plan available to the public.

"Sec. 3. The Mayor shall submit to the Council by the 10th of each month a report, which is certified by the Office of the Chief Financial Officer, on the progress for controlling overspending in fiscal year 2010.   The Mayor shall make the reports available to the public."

Section 5(b) of D.C. Law 18-157 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 3102 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 3102 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) provisions on limits on local spending increases, see § 4002 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) submission of the budget with local spending increase limitations, see § 1202 of the Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) submission of the budget with local spending increase limitations, see § 1202 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) Department of Employment Services budget and FTE authority provisions, see § 1092 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) Department of Employment Services budget and FTE authority provisions, see § 1092 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) amendment of section, see §§ 2, 3 of Fiscal Year 2010 Balanced Budget and Spending Pressure Control Plan Emergency Act of 2009 (D.C. Act 18-322, March 2, 2010, 57 DCR 1847).

Legislative History of Laws

Law 15-39, the "Fiscal Year 2004 Budget Support Act of 2003", was introduced in Council and assigned Bill No. 15-218, which was referred to Committee on Whole. The Bill was adopted on first and second readings on May 6, 2003, and June 3, 2003, respectively. Signed by the Mayor on June 20, 2003, it was assigned Act No. 15-106 and transmitted to both Houses of Congress for its review. D.C. Law 15-39 became effective on November 13, 2003.

Law 15-205, the "Fiscal Year 2005 Budget Support Act of 2004", was introduced in Council and assigned Bill No. 15-768, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 14, 2004, and June 29, 2004, respectively. Signed by the Mayor on August 2, 2004, it was assigned Act No. 15-487 and transmitted to both Houses of Congress for its review. D.C. Law 15-205 became effective on December 7, 2004.

Miscellaneous Notes

Deadline for submission of revised revenue estimate: Section 124 of Pub. L. 102-382, 106 Stat. 1433, the District of Columbia Appropriations Act, 1993, provided that no later than 30 days after the end of the first quarter of the fiscal year ending September 30, 1993, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia the new fiscal year 1993 revenue estimates as of the end of the first quarter of fiscal year 1993. These estimates shall be used in the budget request for the fiscal year ending September 30, 1994. The officially revised estimates at midyear shall be used for the midyear report.

Submission date for budget request for fiscal year 1992: Pursuant to Resolution 8-312, the "Submission Date for the Fiscal Year 1992 Budget Approval Resolution of 1990," effective December 21, 1990, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992, and identified information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992.

Submission Date for the Fiscal Year 1993 Budget Approval Resolution of 1991: Pursuant to Resolution 9-151, effective December 27, 1991, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1993, and to identify information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1993.

Amendment of Mayor's Order 83-19 January 3, 1983, Establishment of Office of Financial Management: See Mayor's Order 88-13, January 22, 1988.

Agency Budget and Resource Utilization Advisory Committees established: See Mayor's Order 88-239, October 26, 1988.

Establishment of Mayor's Advisory Committee on Resources and Budget: See Mayor's Order 89-207, September 12, 1989.

Establishment of District of Columbia Commission on Budget and Financial Priorities: See Mayor's Order 89-224, October 5, 1989.

Amendment of Mayor's Order 89-224: Establishment--D.C. Commission on Budget and Financial Priorities: See Mayor's Order 90-198, December 13, 1990.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Submission Date for the Fiscal Year 1995 Budget Approval Resolution of 1993: Pursuant to Resolution 10-206, effective December 24, 1993, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1995, and to identify information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1995.

Fiscal Year 1996 Budget Submission Date Extension Emergency Resolution of 1995: Pursuant to Resolution 11-16, effective February 7, 1995, the Council extended, on an emergency basis, the date of submission by the Mayor of the Fiscal Year 1996 budget to the Council.

Section 3102 of D.C. Law 13-172, amended Section 2102 of the Service Improvement and Fiscal Year 2000 Budget Support Act of 1999 to provide:

"In submitting fiscal year budgets to the Council for fiscal years beginning with fiscal year 2001, there should be a guide for calculating the increase in annual expenditures of local funds. This guide should be an increase of no more than 3% over the prior fiscal year's expenditures of local funds."

Definitions applicable: The definitions in § 1-202 apply to this subchapter.

Short title of title XLI of Law 14-190: Section 4101 of D.C. Law 14-190 provided that title XLI of the act may be cited as the Fiscal Year 2004 Budget Submission Amendment Act of 2002.

Section 4102 of D.C. Law 14-190 provides:

"Sec. 4102. Limit on increase in spending.

"For fiscal year 2004 the Mayor shall not submit a budget to the Council that increases spending by more than 4% of the fiscal year 2003 budget approved by the Council."

Section 1202 of D.C. Law 15-39 provides:

"(a) For fiscal year 2005, the Mayor shall submit a budget to the Council that increases local funds spending by no more than 3.5% of the fiscal year 2004 budget approved by the Council. Any spending transferred from local funds in fiscal year 2004 to non-local funds in Fiscal year 2005 shall be included in any calculation to determine whether the proposed spending for fiscal year 2005 is more than 3.5% greater than local spending in fiscal year 2004.

"(b) By July 1, 2003, the Chief Financial Officer and the Mayor shall identify by contract or subagency, the areas where contract savings identified by the Fiscal Year 2004 Budget Request Act, passed on May 6, 2003 (Enrolled version of Bill 15-214) shall occur and submit the information to Council.

"(c) The budget submission pursuant to subsection (a) of this section shall provide that not less than   1/2 of the personnel costs for Public Safety Communications Center services in fiscal year 2004 shall instead be paid by local funds in fiscal year 2005."

Short title of subtitle I of title I of Law 15-205: Section 1091 of D.C. Law 15-205 provided that subtitle I of title I of the act may be cited as the Department of Employment Services Budget and FTE Authority Act of 2004.

Section 1092 of D.C. Law 15-205 provides:

"For fiscal year 2005, the Department of Employment Services ('DOES') shall have:

"(1) No more than 513 full time equivalent ('FTE') employees; and

"(2) A total budget of $88,846,102, to be allocated as follows:

"(A)(i) Personal services budget not to exceed $32,314,000;

"(ii) Nonpersonal services budget not to exceed $56,532,000, including not less than $29,965,000 for Subsidies and Transfers;

"(B) From the funds identified herein, no less than $764,000 shall be made available for the Office of Apprenticeship and Information Training; and

"(C) From the funds identified herein, no more than $686,000 shall be made available for security costs.

"(b) The budget allocations set forth in paragraph (2)(A) of subsection (a) shall apply to budgeted funds only and exclude any additional grant funds or special purpose funds not included in the fiscal year 2005 budget. The allocations are subject to the following adjustments if there are grant fund or special purpose fund budget modifications approved by the Council: 36% of any budget modifications shall be allocated to personal services and 64% shall be allocated to nonpersonal services."

DC CODE § 1-204.42

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Mayor shall prepare and include in the annual budget a multiyear plan for all agencies included in the District budget, for all sources of funding, and for such program categories as the Mayor identifies. Such plan shall be based on the actual experience of the immediately preceding 3 fiscal years, on the approved current fiscal year budget, and on estimates for at least the 4 succeeding fiscal years. The plan shall include, but not be limited to, provisions identifying:

</section>
<section prefix="1">
 Future cost implications of maintaining programs at currently authorized levels, including anticipated changes in wage, salary, and benefit levels;
</section>
<section prefix="2">
 Future cost implications of all capital projects for which funds have already been authorized, including identification of the amount of already appropriated but unexpended capital project funds;
</section>
<section prefix="3">
 Future cost implications of new, improved, or expanded programs and capital project commitments proposed for each of the succeeding 4 fiscal years;
</section>
<section prefix="4">
 The effects of current and proposed capital projects on future operating budget requirements;
</section>
<section prefix="5">
 Revenues and funds likely to be available from existing revenue sources at current rates or levels;
</section>
<section prefix="6">
 The specific revenue and tax measures recommended for the forthcoming fiscal year and for the next following fiscal year necessary to balance revenues and expenditures;
</section>
<section prefix="7">
 The actuarial status and anticipated costs and revenues of retirement systems covering District employees; and
</section>
<section prefix="8">
 Total debt service payments in each fiscal year in which debt service payments must be made for all bonds which have been or will be issued, and all loans from the United States Treasury which have been or will be received, to finance the total cost on a full funding basis of all projects listed in the capital improvements plan prepared under § 1-204.44; and for each such fiscal year, the percentage relationship of the total debt service payments (with payments for issued and proposed bonds and loans from the United States Treasury, received or proposed, separately identified) to the bonding limitation for the current and forthcoming fiscal year as specified in § 1- 206.03(b).
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 799, Pub. L. 93-198, title IV, § 443.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-302.

1973 Ed., § 47-222.

Emergency Act Amendments

For temporary (90-day) authorization of multiyear budget plan, see §§ 4402 through 4408 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see §§ 4402 to 4408 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For temporary (90 day) authorization of multiyear budget plan, see §§ 4002 to 4007 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).

Miscellaneous Notes

Deadline for submission of revised revenue estimate: Section 124 of Pub. L. 102-382, 106 Stat. 1433, the District of Columbia Appropriations Act, 1993, provided that no later than 30 days after the end of the first quarter of the fiscal year ending September 30, 1993, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia the new fiscal year 1993 revenue estimates as of the end of the first quarter of fiscal year 1993. These estimates shall be used in the budget request for the fiscal year ending September 30, 1994. The officially revised estimates at midyear shall be used for the midyear report.

Submission date for budget request for fiscal year 1992: Pursuant to Resolution 8-312, the "Submission Date for the Fiscal Year 1992 Budget Approval Resolution of 1990," effective December 21, 1990, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992, and identified information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992.

Establishment of Mayor's Advisory Committee on Resources and Budget: See Mayor's Order 89-207, September 12, 1989.

Establishment of District of Columbia Commission on Budget and Financial Priorities: See Mayor's Order 89-224, October 5, 1989.

Amendment of Mayor's Order 89-224: Establishment--D.C. Commission on Budget and Financial Priorities: See Mayor's Order 90-198, December 13, 1990.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Multiyear budget plans: Sections 4402 to 4407 of D.C. Law 14-28 provides:

"Sec. 4402. No later than September 30, 2001, the following agencies and agencies responsible for the following programs, shall submit to the Council of the District of Columbia and to the Chief Financial Officer a multiyear financial plan as required by this title:

"(1) Risk Management programs administered by the Mayor;

"(2) Department of Mental Health; and

"(3) Settlements and Judgments Fund administered by the Corporation Counsel.

"Sec. 4403. The multiyear financial plan required by this title shall detail the projected cost of services for that agency or program for fiscal years 2002 through 2005, and shall be based on a performance plan for the same fiscal years. The multiyear financial plan shall specify reasonable assumptions for inflation, personal service levels, and wage increases, and identify all budgetary assumptions being used. The multiyear financial plan shall calculate and specify the cost per fiscal year to achieve the objectives and goals set forth in the performance plan.

"Sec. 4404. (a) For the purposes of this title, 'performance plan' is a detailed statement that includes:

"(1) A mission statement--a broad statement of central purpose;

"(2) Objectives--less broad statements of desired outcomes resulting from accomplishing the mission; and

"(3) Goals--target levels of performance expressed in tangible, measurable terms, against which actual achievement of objectives can be compared; a goal may be expressed as a population target, or as a quantitative standard, value, or rate.

"(b) The performance plan shall describe the strategy for how the mission (including its objectives and goals) will be accomplished. This description of strategy shall include all of the functions, activities, operations, and projects required for effective implementation of the performance plan. There shall be one or more measures of performance, that address both quantity and quality, for each goal. The performance plan shall state measurable or objective performance goals and objectives for all significant activities of the agency or program. The plan shall identify (describe and quantify) the classes of persons to be served and how (qualitatively and quantitatively) those classes will change as a result of the mission, objectives, and goals.

"(c) The performance plan shall also provide national norms, industry standards, typical benchmarks, performance measures from other cities, or other relevant comparative data.

"(d) An agency which prepared a performance plan pursuant to Title XLIV of the Fiscal Year 2001 Budget Support Act of 2000, effective October 19, 2000 (D.C. Law 13-172; 47 DCR 6308), in the previous fiscal year shall also provide an analysis of the agency's performance vis-a-vis its performance plan.

"Sec. 4405. The multiyear financial plan shall include all funds, including local and federal funds.

"Sec. 4406. For each of the agencies specified in section 4402, the performance plan shall detail how the agency or program will provide improved service delivery that:

"(1) Fulfills its mission (including objectives and goals);

"(2) Reduces expenditures, especially from local funds; and

"(3) Creates operational efficiencies to accomplish this.

"Sec. 4407. The Chief Financial Officer shall have the authority to require greater specificity in the multiyear plan prior to submission, and to work with agencies to improve their submission."

DC CODE § 1-204.43

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Mayor shall prepare and include in the annual budget a multiyear capital improvements plan for all agencies of the District which shall be based upon the approved current fiscal year budget and shall include:

</section>
<section prefix="1">
 The status, estimated period of usefulness, and total cost of each capital project on a full funding basis for which any appropriation is requested or any expenditure will be made in the forthcoming fiscal year and at least 4 fiscal years thereafter, including an explanation of change in total cost in excess of 5% for any capital project included in the plan of the previous fiscal year;
</section>
<section prefix="2">
 An analysis of the plan, including its relationship to other programs, proposals, or elements developed by the Mayor as the central planning agency for the District pursuant to § 1-204.23;
</section>
<section prefix="3">
 Identification of the years and amounts in which bonds would have to be issued, loans made, and costs actually incurred on each capital project identified; and
</section>
<section prefix="4">
 Appropriate maps or other graphics.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 800, Pub. L. 93-198, title IV, § 444.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-303.

1973 Ed., § 47-223.

Miscellaneous Notes

Annual plan for capital outlay borrowing from United States Treasury: Section 118 of Pub. L. 101-168, the District of Columbia Appropriations Act, 1990, provided that at the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for capital outlay borrowings and provided, that within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowing and spending progress compared with projections.

Approval by Council required prior to capital borrowing: Section 119 of Pub. L. 101-168, the District of Columbia Appropriations Act, 1990, provided that the Mayor shall not borrow any funds for capital projects unless he has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings.

General obligation bonds authorized: D.C. Law 5-115, effective September 26, 1984, authorized the issuance of general obligation bonds of the District of Columbia for the purpose of financing certain capital projects and refunding certain capital indebtedness of the District of Columbia.

D.C. Law 6-60, effective November 19, 1985, authorized the issuance of general obligation bonds of the District of Columbia for the purpose of financing certain capital projects and refunding certain capital indebtedness of the District of Columbia.

Capital projects funds borrowing authority resolution: Pursuant to Resolution 5-719, the "Capital Projects Funds Borrowing Authorization Resolution of 1984," effective June 12, 1984, the Council approved the request of the Mayor for authority to borrow funds for capital projects.

Issuance of general obligation bonds authorized: Pursuant to Resolution 6-714, the "General Obligation Bonds Issuance Authorization Resolution of 1986," effective June 17, 1986, the Council authorized the issuance of general obligation bonds for capital projects.

Pursuant to Resolution 7-96, the "General Obligation Bonds Issuance Authorization Resolution of 1987," effective July 14, 1987, the Council authorized the issuance of general obligation bonds for capital projects.

Pursuant to Resolution 8-33, the "General Obligation Bond Issuance Approval Resolution of 1989", effective April 18, 1989, the Council approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

Pursuant to Resolution 8-246, the "General Obligation Bond Issuance 1990B Authorization Resolution of 1990," effective July 27, 1990, the Council approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

Submission date for budget request for fiscal year 1992: Pursuant to Resolution 8-312, the "Submission Date for the Fiscal Year 1992 Budget Approval Resolution of 1990," effective December 21, 1990, the Council established the date by which the Mayor shall submit to the Council the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992, and identified information and documentation to be submitted to the Council with the proposed budget for the government of the District of Columbia for the fiscal year ending September 30, 1992.

General Obligation Bond Issuance 1991A Authorization Resolution of 1991: Pursuant to Resolution 9-39, effective May 24, 1991, the Council approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

General Obligation Bond Issuance Approval Resolution of 1993: Pursuant to Resolution 10-49, effective June 11, 1993, the Council conditionally approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

General Obligation Bond Issuance Conditional Approval Resolution of 1994: Pursuant to Resolution 10-392, effective June 21, 1994, the Council conditionally approved the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

General Obligation Bond 1996 Issuance Authorization Emergency Resolution of 1996: Pursuant to Resolution 11-545, effective October 1, 1996, the Council approved, on an emergency basis, authorization for the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

Capital Program Coordinating Office established: See Mayor's Order 84-87, May 16, 1984.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.44

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The District of Columbia courts shall prepare and annually submit to the Director of the Office of Management and Budget, for inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary for the maintenance and operation of the District of Columbia court system. The courts shall submit as part of their budgets both a multiyear plan and a multiyear capital improvements plan and shall submit a statement presenting qualitative and quantitative descriptions of court activities and the status of efforts to comply with reports of the Comptroller General of the United States.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 800, Pub. L. 93-198, title IV, § 445; Aug. 5, 1977, 111 Stat. 753. Pub. L. 105-33, § 11243(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., Title 11, appx., § 445.

1973 Ed., Title 11, appx.

DC CODE § 1-204.45

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In general. -- The District of Columbia Water and Sewer Authority established pursuant to Chapter 22 of Title 34 shall prepare and annually submit to the Mayor, for inclusion in the annual budget, annual estimates of the expenditures and appropriations necessary for the operation of the Authority for the year. All such estimates shall be forwarded by the Mayor to the Council for its action pursuant to §§ 1-204.46 and 1-206.03(c), without revision but subject to his recommendations.   Notwithstanding any other provision of this chapter, the Council may comment or make recommendations concerning such annual estimates, but shall have no authority under this chapter to revise such estimates.
</section>
<section prefix="b">
 Permitting expenditure of excess revenues for capital projects in excess of budget. -- Notwithstanding the amount appropriated for the District of Columbia Water and Sewer Authority for capital projects for a fiscal year, if the revenues of the Authority for the year exceed the estimated revenues of the Authority provided in the annual budget of the District of Columbia for the fiscal year, the Authority may obligate or expend an additional amount for capital projects during the year equal to the amount of such excess revenues.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 800, Pub. L. 93-198, title IV, § 445a, as added Aug. 6, 1996, 110 Stat. 1698, Pub. L. 104-184, § 4(a); Aug. 5, 1997, 111 Stat. 784, Pub. L. 105-033, § 11714(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 43-1691.

Effective Dates

Section 11714(c) of Pub. L. 105-33 provided that the amendments made by this section shall apply with respect to fiscal years beginning on or after October 1, 1996.

Section 11717(b) of Title XI of Pub. L. 105-33, 111 Stat. 786 provided that any reference in law or regulation to the "District of Columbia Self-Government and Governmental Reorganization Act" shall be deemed to be a reference to the "District of Columbia Home Rule Act," which is set out in Volume 1.

DC CODE § 1-204.45a

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Council, within 56 calendar days after receipt of the budget proposal from the Mayor, and after public hearing, shall by act adopt the annual budget for the District of Columbia government. Any supplements thereto shall also be adopted by act by the Council after public hearing. Such budget so adopted shall be submitted by the Mayor to the President for transmission by him to the Congress. Except as provided in §§ 1-204.45a(b), 1-204.46a, 1- 204.46b, 1-204.67(d), 1-204.71(c), 1-204.72(d)(2), 1-204.75(e)(2), 1-204.83(d), and 1-204.90(f), (g), (h)(3), and (i)(3), no amount may be obligated or expended by any officer or employee of the District of Columbia government unless such amount has been approved by Act of Congress, and then only according to such Act. Notwithstanding any other provision of this chapter, the Mayor shall not transmit any annual budget or amendments or supplements thereto, to the President of the United States until the completion of the budget procedures contained in this chapter. After the adoption of the annual budget for a fiscal year (beginning with the annual budget for fiscal year 1995), no reprogramming of amounts in the budget may occur unless the Mayor submits to the Council a request for such reprogramming and the Council approves the request, but only if any additional expenditures provided under such request for an activity are offset by reductions in expenditures for another activity.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 801, Pub. L. 93-198, title IV, § 446; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 2; Apr. 17, 1995, 109 Stat. 142, Pub. L. 104-8, § 301(b)(1); Aug. 6, 1996, 110 Stat. 1696, Pub. L. 104- 184, § 2(c)(2); Aug. 5, 1997, 111 Stat. 777, Pub. L. 105-33, §§ 11509, 11714(b); Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 160(a)(2); Oct. 30, 2004, 118 Stat. 2230, Pub. L. 108-386, § 5; Oct. 16, 2006, 120 Stat. 2021, 2028, 2041, Pub. L. 109-356, §§ 101(b), 121(a), 305(b).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-304.

1973 Ed., § 47-224.

Effect of Amendments

Section 160(a)(2) of Public Law 106-522 inserted a reference to subsec. (i) (3) in § 1-204.90.

Pub. L. 108-386, substituted "56" for "50".

Pub. L. 109-356 made a technical correction to Pub. L. 108-386 by substituting "The Council, within 56 calendar days after receipt of the budget proposal from the Mayor," for "The Council, within 50 calendar days after receipt of the budget proposal from the Mayor," in the first sentence; and, in the second sentence, inserted references to §§ 1-204.46a and 1-204.46b.

Emergency Act Amendments

For temporary provisions for the auction of excess police vehicles purchased for the Metropolitan Police Department, see § 1102 of the Fiscal Year 1999 Budget Support Emergency Act of 1998 (D.C. Act 12-401, July 13, 1998, 45 DCR 4794), § 1102 of the Fiscal Year 1999 Budget Support Congressional Review Emergency Amendment Act of 1998 (D.C. Act 12-564, January 12, 1999, 46 DCR 669), and § 1102 of the Fiscal year 1999 Budget Support Congressional Review Emergency Act of 1999 (D.C. Act 13-41, March 31, 1999, 46 DCR 3446).

For temporary (90-day) authorization of reserve rollover appropriations, see § 4702 of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13- 376, July 24, 2000, 47 DCR 6574).

For temporary (90 day) amendment of section, see § 4702 of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).

For Pay-As-You-Go spending criteria see § 3202 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

For temporary (90 day) repeal of section, see § 802 of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).

For temporary (90 day) amendment of section, see § 802 of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).

For temporary (90 day) amendment of section, see § 802 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).

For temporary (90 day) amendment of section, see §§ 2102, 2402, 2702, 2802, and 3002 of Fiscal Year 2004 Budget Support Amendment Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For temporary (90 day) Fiscal 2004 Metropolitan Police Department budget, see § 2102 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) criteria for the Pay-As-You-Go Capital funding for Fiscal Year 2004, see § 2402 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) Department of Employment Services budget, see § 2702 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) government contract savings during Fiscal Year 2004, see § 2802 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

For temporary (90 day) criteria for spending Pay-As-You-Go funding in fiscal year 2005, see §§ 1002, 1003 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).

For temporary (90 day) criteria for spending Pay-As-You-Go funding in fiscal year 2005, see §§ 1002, 1003 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).

For temporary (90 day) criteria for spending Pay-As-You-Go funding in fiscal year 2006, see § 1011 of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

Legislative History of Laws

Law 14-307, the "Fiscal Year 2003 Budget Support Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-892, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on October 1, 2002, and November 7, 2002, respectively. Signed by the Mayor on December 4, 2002, it was assigned Act No. 14-543 and transmitted to both Houses of Congress for its review. D.C. Law 14-307 became effective on June 5, 2003.

For Law 15-39, see notes following § 1-204.42.

For Law 15-205, see notes following § 1-204.42.

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provides that: "The amendments made by this section shall take effect on the date of the enactment of this Act."

Section 121(b) of Pub. L. 109-356 provides that the amendment made by subsection (a) shall take effect as if included in the enactment of the 2004 District of Columbia Omnibus Authorization Act [Pub. L. 108-386].

Miscellaneous Notes

Auction of Excess Police Vehicles Act of 1998: Pursuant to § 1502 of D.C. Law 12-175, for Fiscal Years 1998 and 1999 only, police vehicles purchased for the Metropolitan Police Department which have been declared excess, either through age or mechanical faults, shall be auctioned or otherwise disposed of by the Department, with revenue generated being used expressly for the purchase of replacement vehicles, including motorcycles.

Section 1504 of D.C. Law 12-175 provided that § 1502 shall apply as of October 1, 1998.

Section 4702 of D.C. Law 13-172 provides:

"Of the freed-up appropriated funds in FY 2001 from the reserve rollover as set forth in the FY 2001 Budget Request Act:

"(1) The first $32,000,000 shall be used to provide, in the following order, $6,300,000 to the La Shawn Receivership, $13,000,000 to the Commission on Mental Health, $12,079,000 to the District of Columbia Public Schools, and $621,000 to the Office of the Mayor, if the Chief Financial Officer certifies that the first $32,000,000 is not required to replace funds expended in Fiscal Year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Pub. Law 104-8;

"(2) The next $37,000,000 shall be used to provide $37,000,000 to Management Savings to the extent, if any, the Chief Financial Officer determines the Management Savings is not achieving the required savings, and the balance, if any, shall be provided in the following order: $10,000,000 to the Children Investment Trust, $1,511,000 to the Department of Parks and Recreation, $1,293,000 to the Department of Fire and Emergency Medical Services, $120,000 to the Commission on Arts and the Humanities, $400,000 to the District of Columbia Library, $574,000 the Office on Aging, $3,296,000 to the Department of Housing and Community Development, $200,000 to the Department of Employment Services, $2,500,000 to the University of the District of Columbia, $1,500,000 to Public Works, $1,000,000 to Department of Motor Vehicles, $4,245,000 to the Department of Health, $1,500,000 to the Commission on Latino Affairs, $1,550,000 to the Taxicab Commission, $2,500,000 to the Office of Property Management, and $5,000,000 for the savings associated with the implementation of the Cafeteria Plan, if the Chief Financial Officer certifies that the $37,000,000 is not required to replace funds expended in Fiscal Year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Pub. Law 104-8, in Fiscal Year 2000, and that all the savings are being achieved from the Management Savings;

"(3) The next $10,000,000 shall be used to provide $10,000,000 to Operational Improvement to the extent, if any, the Chief Financial Officer determines the Operational Improvement is not achieving the required savings, and the balance, if any, shall be provided in the following order: $100,000 to the Civilian Complaint Review Board, $200,000 to the Metropolitan Police Department for the Emergency Response Team, $1,042,000 to be used for Training, $4,890,000 to the Settlement and Judgments Funds, and $3,140,000 to the District of Columbia Financial Responsibility and Management Assistance Authority, if the Chief Financial Officer certifies that the $10,000,000 is not required to replace funds expended in Fiscal Year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Pub. Law 104-8, in Fiscal Year 2000 and that all the savings are being achieved from the Operational Improvement Savings; and

"(4) The balance shall be used for Pay-As-You-Go Capital Funds in lieu of capital financing if the Chief Financial Officer certifies that the balance is not required to replace funds expended in Fiscal Year 2000 from the Reserve established by section 202(i) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, Pub. Law 104-8."

Pub. L. 112-74, Div. C, Title IV, the District of Columbia Appropriations Act, 2012, 125 Stat. 902, December 23, 2011, provides as follows:

TITLE IV

DISTRICT OF COLUMBIA

Federal Funds

FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT

For a Federal payment to the District of Columbia, to be deposited into a dedicated account, for a nationwide program to be administered by the Mayor, for District of Columbia resident tuition support, $30,000,000, to remain available until expended: Provided, That such funds, including any interest accrued thereon, may be used on behalf of eligible District of Columbia residents to pay an amount based upon the difference between in-State and out-of-State tuition at public institutions of higher education, or to pay up to $2,500 each year at eligible private institutions of higher education: Provided further, That the awarding of such funds may be prioritized on the basis of a resident's academic merit, the income and need of eligible students and such other factors as may be authorized: Provided further, That the District of Columbia government shall maintain a dedicated account for the Resident Tuition Support Program that shall consist of the Federal funds appropriated to the Program in this Act and any subsequent appropriations, any unobligated balances from prior fiscal years, and any interest earned in this or any fiscal year: Provided further, That the account shall be under the control of the District of Columbia Chief Financial Officer, who shall use those funds solely for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial Officer shall provide a quarterly financial report to the Committees on Appropriations of the House of Representatives and the Senate for these funds showing, by object class, the expenditures made and the purpose therefor.

FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS IN THE DISTRICT OF COLUMBIA

For a Federal payment of necessary expenses, as determined by the Mayor of the District of Columbia in written consultation with the elected county or city officials of surrounding jurisdictions, $14,900,000, to remain available until expended and in addition any funds that remain available from prior year appropriations under this heading for the District of Columbia Government, for the costs of providing public safety at events related to the presence of the national capital in the District of Columbia, including support requested by the Director of the United States Secret Service Division in carrying out protective duties under the direction of the Secretary of Homeland Security, and for the costs of providing support to respond to immediate and specific terrorist threats or attacks in the District of Columbia or surrounding jurisdictions.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS

For salaries and expenses for the District of Columbia Courts, $232,841,000 to be allocated as follows: for the District of Columbia Court of Appeals, $12,830,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Superior Court, $114,209,000, of which not to exceed $2,500 is for official reception and representation expenses; for the District of Columbia Court System, $66,712,000, of which not to exceed $2,500 is for official reception and representation expenses; and $39,090,000, to remain available until September 30, 2013, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital improvements shall be expended consistent with the District of Columbia Courts master plan study and building evaluation report: Provided further, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That 30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the District of Columbia Courts may reallocate not more than $3,000,000 of the funds provided under this heading among the items and entities funded under this heading but no such allocation shall be increased by more than 10 percent.

FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF COLUMBIA COURTS

(INCLUDING TRANSFER OF FUNDS)

For payments authorized under section 11-2604 and section 11-2605, D.C. Official Code (relating to representation provided under the District of Columbia Criminal Justice Act), payments for counsel appointed in proceedings in the Family Court of the Superior Court of the District of Columbia under chapter 23 of title 16, D.C. Official Code, or pursuant to contractual agreements to provide guardian ad litem representation, training, technical assistance, and such other services as are necessary to improve the quality of guardian ad litem representation, payments for counsel appointed in adoption proceedings under chapter 3 of title 16, D.C. Official Code, and payments authorized under section 21-2060, D.C. Official Code (relating to services provided under the District of Columbia Guardianship, Protective Proceedings, and Durable Power of Attorney Act of 1986), $55,000,000, to remain available until expended: Provided, That funds provided under this heading shall be administered by the Joint Committee on Judicial Administration in the District of Columbia: Provided further, That notwithstanding any other provision of law, this appropriation shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies: Provided further, That not more than $10,000,000 of the funds provided in this account may be transferred to, and merged with, funds made available under the heading "Federal Payment to the District of Columbia Courts" for District of Columbia courthouse facilities.

FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA

For salaries and expenses, including the transfer and hire of motor vehicles, of the Court Services and Offender Supervision Agency for the District of Columbia, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $212,983,000, of which not to exceed $2,000 is for official reception and representation expenses related to Community Supervision and Pretrial Services Agency programs; of which not to exceed $25,000 is for dues and assessments relating to the implementation of the Court Services and Offender Supervision Agency Interstate Supervision Act of 2002; of which $1,000,000 shall remain available until September 30, 2014 for relocation of the Pretrial Services Agency drug testing laboratory; of which $153,548,000 shall be for necessary expenses of Community Supervision and Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of services for or related to such persons; of which $59,435,000 shall be available to the Pretrial Services Agency: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of other Federal agencies: Provided further, That not less than $1,500,000 shall be available for re-entrant housing in the District of Columbia: Provided further, That the Director is authorized to accept and use gifts in the form of in-kind contributions of space and hospitality to support offender and defendant programs, and equipment and vocational training services to educate and train offenders and defendants: Provided further, That the Director shall keep accurate and detailed records of the acceptance and use of any gift or donation under the previous proviso, and shall make such records available for audit and public inspection: Provided further, That the Court Services and Offender Supervision Agency Director is authorized to accept and use reimbursement from the District of Columbia Government for space and services provided on a cost reimbursable basis.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE

For salaries and expenses, including the transfer and hire of motor vehicles, of the District of Columbia Public Defender Service, as authorized by the National Capital Revitalization and Self-Government Improvement Act of 1997, $37,241,000: Provided, That notwithstanding any other provision of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner as funds appropriated for salaries and expenses of Federal agencies.

FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND SEWER AUTHORITY

For a Federal payment to the District of Columbia Water and Sewer Authority, $15,000,000, to remain available until expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water and Sewer Authority provides a 100 percent match for this payment.

FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING COUNCIL

For a Federal payment to the Criminal Justice Coordinating Council, $1,800,000, to remain available until expended, to support initiatives related to the coordination of Federal and local criminal justice resources in the District of Columbia.

FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS

For a Federal payment, to remain available until September 30, 2013, to the Commission on Judicial Disabilities and Tenure, $295,000, and for the Judicial Nomination Commission, $205,000.

FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT

For a Federal payment for a school improvement program in the District of Columbia, $60,000,000, to remain available until expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112-10).

FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD

For a Federal payment to the District of Columbia National Guard, $375,000, to remain available until expended for the Major General David F. Wherley, Jr. District of Columbia National Guard Retention and College Access Program.

FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS

For a Federal payment to the District of Columbia for the testing of individuals for, and the treatment of individuals with, human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000.

DISTRICT OF COLUMBIA FUNDS

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the General Fund of the District of Columbia ("General Fund"), except as otherwise specifically provided: Provided, That notwithstanding any other provision of law, except as provided in section 450A of the District of Columbia Home Rule Act, (114 Stat. 2440; D.C. Official Code, section 1-204.50a) and provisions of this Act, the total amount appropriated in this Act for operating expenses for the District of Columbia for fiscal year 2012 under this heading shall not exceed the lesser of the sum of the total revenues of the District of Columbia for such fiscal year or $10,916,966,000 (of which $6,208,646,000 shall be from local funds, (including $526,594,000 from dedicated taxes), $1,015,449,000 shall be from Federal grant funds, $1,499,115,000 from Medicaid payments, $2,040,504,000 shall be from other funds, and $25,677,000 shall be from private funds, and $127,575,000 shall be from funds previously appropriated in this Act as Federal payments: Provided further, That of the local funds, such amounts as may be necessary may be derived from the District's General Fund balance: Provided further, That of these funds the District's intra-District authority shall be $619,632,000: in addition, for capital construction projects, an increase of $4,007,501,000, of which $2,934,011,000 shall be from local funds, $223,858,000 from the District of Columbia Highway Trust Fund, $33,140,000 from the Local Transportation Fund, $816,492,000 from Federal grant funds, and a rescission of $2,849,882,000 of which $1,796,345,000 shall be from local funds, $749,426,000 from Federal grant funds, $252,694,000 from the District of Columbia Highway Trust Fund, and $51,416,000 from the Local Transportation Fund appropriated under this heading in prior fiscal years, for a net amount of $1,157,619,000, to remain available until expended: Provided further, That the amounts provided under this heading are to be available, allocated, and expended as proposed under title III of the Fiscal Year 2012 Budget Request Act of 2011, at the rate set forth under "District of Columbia Funds Division of Expenses" as included in the Fiscal Year 2012 Proposed Budget and Financial Plan submitted to the Congress by the District of Columbia: Provided further, That this amount may be increased by proceeds of one-time transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such increases shall be approved by enactment of local District law and shall comply with all reserve requirements contained in the District of Columbia Home Rule Act: Provided further, That the Chief Financial Officer of the District of Columbia shall take such steps as are necessary to assure that the District of Columbia meets these requirements, including the apportioning by the Chief Financial Officer of the appropriations and funds made available to the District during fiscal year 2012, except that the Chief Financial Officer may not reprogram for operating expenses any funds derived from bonds, notes, or other obligations issued for capital projects.

This title may be cited as the "District of Columbia Appropriations Act, 2012".

Pub. L. 112-74, Div. C, Title VIII, 125 Stat. 940, December 23, 2011, provides as follows:

TITLE VIII

GENERAL PROVISIONS--DISTRICT OF COLUMBIA

(INCLUDING TRANSFER OF FUNDS)

SEC. 801. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia government.

SEC. 802. None of the Federal funds provided in this Act shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.

SEC. 803. (a) None of the Federal funds provided under this Act to the agencies funded by this Act, both Federal and District government agencies, that remain available for obligation or expenditure in fiscal year 2012, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which--

(1) creates new programs;

(2) eliminates a program, project, or responsibility center;

(3) establishes or changes allocations specifically denied, limited or increased under this Act;

(4) increases funds or personnel by any means for any program, project, or responsibility center for which funds have been denied or restricted;

(5) re-establishes any program or project previously deferred through reprogramming;

(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of $3,000,000 or 10 percent, whichever is less; or

(7) increases by 20 percent or more personnel assigned to a specific program, project or responsibility center, unless the Committees on Appropriations of the House of Representatives and the Senate are notified in writing 15 days in advance of the reprogramming.

(b) The District of Columbia government is authorized to approve and execute reprogramming and transfer requests of local funds under this title through November 1, 2012.

SEC. 804. None of the Federal funds provided in this Act may be used by the District of Columbia to provide for salaries, expenses, or other costs associated with the offices of United States Senator or United States Representative under section 4(d) of the District of Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C. Law 3-171; D.C. Official Code, sec. 1-123).

SEC. 805. Except as otherwise provided in this section, none of the funds made available by this Act or by any other Act may be used to provide any officer or employee of the District of Columbia with an official vehicle unless the officer or employee uses the vehicle only in the performance of the officer's or employee's official duties. For purposes of this section, the term "official duties" does not include travel between the officer's or employee's residence and workplace, except in the case of--

(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or a District of Columbia government employee as may otherwise be designated by the Chief of the Department;

(2) at the discretion of the Fire Chief, an officer or employee of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Fire Chief;

(3) at the discretion of the Director of the Department of Corrections, an officer or employee of the District of Columbia Department of Corrections who resides in the District of Columbia and is on call 24 hours a day or is otherwise designated by the Director;

(4) the Mayor of the District of Columbia; and

(5) the Chairman of the Council of the District of Columbia.

SEC. 806. (a) None of the Federal funds contained in this Act may be used by the District of Columbia Attorney General or any other officer or entity of the District government to provide assistance for any petition drive or civil action which seeks to require Congress to provide for voting representation in Congress for the District of Columbia.

(b) Nothing in this section bars the District of Columbia Attorney General from reviewing or commenting on briefs in private lawsuits, or from consulting with officials of the District government regarding such lawsuits.

SEC. 807. None of the Federal funds contained in this Act may be used to distribute any needle or syringe for the purpose of preventing the spread of blood borne pathogens in any location that has been determined by the local public health or local law enforcement authorities to be inappropriate for such distribution.

SEC. 808. Nothing in this Act may be construed to prevent the Council or Mayor of the District of Columbia from addressing the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation enacted on such issue should include a "conscience clause" which provides exceptions for religious beliefs and moral convictions.

SEC. 809. Hereafter, as part of the submission of the annual budget justification, the Mayor of the District of Columbia shall submit to the Committees on Appropriations of the House of Representatives and the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate a report addressing--

(1) crime, including the homicide rate, implementation of community policing, and the number of police officers on local beats;

(2) access to substance and alcohol abuse treatment, including the number of treatment slots, the number of people served, the number of people on waiting lists, and the effectiveness of treatment programs, the retention rates in treatment programs, and the recidivism/re-arrest rates for treatment participants;

(3) education, including access to special education services and student achievement to be provided in consultation with the District of Columbia Public Schools, repeated grade rates, high school graduation rates, and post-secondary education attendance rates;

(4) improvement in basic District services, including rat control and abatement; and

(5) application for and management of Federal grants, including the number and type of grants for which the District was eligible but failed to apply and the number and type of grants awarded to the District but for which the District failed to spend the amounts received.

SEC. 810. None of the Federal funds contained in this Act may be used to enact or carry out any law, rule, or regulation to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative.

SEC. 811. None of the funds appropriated under this Act shall be expended for any abortion except where the life of the mother would be endangered if the fetus were carried to term or where the pregnancy is the result of an act of rape or incest.

SEC. 812. (a) No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council of the District of Columbia, a revised appropriated funds operating budget in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, sec. 1-204.42), for all agencies of the District of Columbia government for fiscal year 2012 that is in the total amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services, respectively, with anticipated actual expenditures.

(b) This section shall apply only to an agency for which the Chief Financial Officer for the District of Columbia certifies that a reallocation is required to address unanticipated changes in program requirements.

SEC. 813. No later than 30 calendar days after the date of the enactment of this Act, the Chief Financial Officer for the District of Columbia shall submit to the appropriate committees of Congress, the Mayor, and the Council for the District of Columbia, a revised appropriated funds operating budget for the District of Columbia Public Schools that aligns schools budgets to actual enrollment. The revised appropriated funds budget shall be in the format of the budget that the District of Columbia government submitted pursuant to section 442 of the District of Columbia Home Rule Act (D.C. Official Code, Sec. 1- 204.42).

SEC. 814. Amounts appropriated in this Act as operating funds may be transferred to the District of Columbia's enterprise and capital funds and such amounts, once transferred, shall retain appropriation authority consistent with the provisions of this Act.

SEC. 815. Notwithstanding any other laws, for this and succeeding fiscal years, the Director of the District of Columbia Public Defender Service shall, to the extent the Director considers appropriate, provide representation for and hold harmless, or provide liability insurance for, any person who is an employee, member of the Board of Trustees, or officer of the District of Columbia Public Defender Service for money damages arising out of any claim, proceeding, or case at law relating to the furnishing of representational services or management services or related services while acting within the scope of that person's office or employment, including, but not limited to such claims, proceedings, or cases at law involving employment actions, injury, loss of liberty, property damage, loss of property, or personal injury, or death arising from malpractice or negligence of any such officer or employee.

SEC. 816. Section 346 of the District of Columbia Appropriations Act, 2005 (Public Law 108-335) is amended--

(1) in the title, by striking "Biennial";

(2) in subsection (a), by striking "Biennial management" and inserting "Management";

(3) in subsection (a), by striking "States." and inserting "States every five years."; and

(4) in subsection (b)(6), by striking "2" and inserting "5".

SEC. 817. Except as expressly provided otherwise, any reference to "this Act" contained in this title or in title IV shall be treated as referring only to the provisions of this title or of title IV.

Criteria for Spending Pay-As-You-Go Funding Act of 2002

Short title of title XXXIII of Law 14-190: Section 3301 of D.C. Law 14-190 provided that title XXXIII of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2002.

Section 802 of D.C. Law 14-307 provides: "The Criteria for Spending Pay-As-You-Go Funding Act of 2002, effective October 1, 2002 (D.C. Law 14-190; 49 DCR 6968), is repealed."

Fiscal Year 2004 Metropolitan Police Department Budget

Short title of title XXII of Law 15-39: Section 2201 of D.C. Law 15-39 provided that title XXII of the act may be cited as the Metropolitan Police Department Program-Based Budget Act of 2003.

Section 2202 of Law 15-39 provides:

"(a) The Fiscal Year 2004 budget for the Metropolitan Police Department is enacted at the program level with funding totals for Agency Management Program, Regional Field Operations, Investigative Field Operations, Special Field Operations, Public Safety Communications Center, Police Business Services, and Organizational Change and Professional Responsibility.

"(b) For the purposes of this title, the term 'program' shall be a budget category consistent with D.C. Official Code § 47-361(10).

"(c) Reprogrammings from program to program under this title shall be in accordance with D.C. Official Code § 47-363."

Criteria for Spending Pay-As-You-Go Funding in Fiscal Year 2004

Short title of title XXV of Law 15-39: Section 2501 of D.C. Law 15-39 provided that title XXV of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2003.

Section 2502 of D.C. Law 15-39 provides:

"(a) Of the Pay-As-You-Go Capital funding for Fiscal Year 2004, a total of $11.257 million shall be made available for Pay-As-You-Go once the Chief Financial Officer has determined and certified that those funds are not necessary for any of the following purposes:

"(1) The Metropolitan Police Department, up to $1.097 million, to cover the costs of an additional 100 officers;

"(2) The Child and Family Services Agency, up to $2.5 million, to cover court mandated hiring of social workers;

"(3) The Youth Services Administration, up to $3 million, to cover court mandated expenses for foster care homes for committed youth, intensive substance abuse services, or community based therapeutic group homes;

"(4) The Department of Mental Health, up to $2 million, to cover court mandated staff hiring expenses;

"(5) The Department of Health, up to $2 million, to cover inflationary increases for institutional Medicaid providers; or

"(6) Up to $660,000 to cover court mandated costs.

"(b) No Pay-As-You-Go funding shall be available for the Metropolitan Police Department, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the Metropolitan Police Department has reached a sworn police officer level of 3700.

"(c) No Pay-As-You-Go funding shall be available for the Child and Family Services Agency, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the purpose of the funding is to hire additional social workers.

"(d) No Pay-As-You-Go funding shall be available for the Youth Services Administration, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the funding is needed to comply with the court mandate.

"(e) No Pay-As-You-Go funding shall be available for the Department of Mental Health, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the funding is needed to hire staff to comply with the court mandate.

"(f) No Pay-As-You-Go funding shall be available for the Department of Health, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the funding is needed to meet inflationary increases for Medicaid providers.

"(g) No Pay-As-You-Go funding shall be available to cover court mandated costs pursuant to subsection (a)(6) of this section, unless the Chief Financial Officer has determined, certified, and provided written notification to the Council that the funding is needed for such purpose."

Department of Employment Services Budget for Fiscal Year 2004

Short title of title XXVIII of Law 15-39: Section 2801 of D.C. Law 15-39 provided that title XXVIII of the act may be cited as the Department of Employment Services Budget and FTE Authority Act of 2003.

Section 2802 of D.C. Law 15-39 provides:

"For Fiscal Year 2004, the Department of Employment Services ('DOES') shall have:

"(1) No more than 551 full time equivalent ('FTE') employees; and

"(2) A total budget of $87,613,00, to be allocated as follows:

"(A) Personal Services budget not to exceed $31,635,824; and

"(B) Nonpersonal Services budget not to exceed $55,924,229, including no less than $35,430,176 for Subsidies and Transfers."

Contracts Savings for Fiscal Year 2004

Short title of title XXIX of Law 15-39: Section 2901 of D.C. Law 15-39 provided that title XXIX of the act may be cited as the Contracts Savings Act of 2003.

Section 2902 of D.C. Law 15-39 provides:

"(a) The Mayor shall create not less than a $10 million savings in the total estimated costs of all District government contracts during Fiscal Year 2004, through either contract administration efficiencies or through the negotiation or renegotiation of a sufficient number of District government contracts by first examining all sole source and personal services contracts as well as cuts in contracts where contractors are billing at an annual rate of more than $150,000 a year prior to considering reductions in contractual services that directly benefit and affect residents, which savings shall be realized and allocated in not less than the following amounts in the following titles of the District of Columbia Fiscal Year 2004 budget as appropriated by Congress:

"(1) Governmental Direction and Support: $621,000;

"(2) Economic Development and Regulation: $160,000;

"(3) Public Safety and Justice: $2,152,000;

"(4) Public Education System: $2,879,000;

"(5) Human Support Services: $3,280,000; and

"(6) Public Works: $928,000.

"(b) In the event that proposed cuts create unforeseen operational or financial complications, the Mayor shall identify and implement alternate contract reductions. In the instance that after a comprehensive review of contracts the Mayor demonstrates and the CFO certifies that some amount not to exceed $5 million in contract savings can not be achieved without excessive operational or financial complications, that unachievable amount shall be transferred from the unrestricted unreserved fund balance to offset the unachievable savings."

Gales School Renovation Approval

Short title of title XXXI of Law 15-39: Section 3101 of D.C. Law 15-39 provided that title XXXI of the act may be cited as the Gales School Renovation Approval Act of 2003.

Section 3102 of D.C. Law 15-39 provides:

"(a) Before any funds may be expended for project number CAC37C, denominated in the budget and financial plan as the Gayle School Child Advocacy Center Modernization, the Mayor shall submit to the Council, and the Council shall approve, a plan for the use of this funding. The plan shall include:

"(1) The nature and purpose of the planned renovations;

"(2) A detailed statement of the planned renovations;

"(3) The use of the property after the renovations are completed;

"(4) The occupant of the property after the renovations are completed;

"(5) Whether a declaration of surplus for the property is to be sought and, if so, plans for disposition, if any, of the property and the proposed terms of the disposition.

"(b) The proposed plan shall be submitted to the Council for approval, by resolution for a 90-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the proposed plan has not been approved by the Council within the 90-day period, the proposed plan shall be deemed disapproved.

"(c) The Chief Financial Officer of the District of Columbia shall certify that expenditure of funds for the project is authorized under the budget and financial plan."

Criteria for Spending Pay-As-You-Go Funding Act of 2004

Short title of subtitle A of title I of Law 15-205: Section 1001 of D.C. Law 15-205 provided that subtitle A of title I of the act may be cited as the Criteria for Spending Pay-As-You-Go Funding Act of 2004.

Sections 1002 and 1003 of D.C. Law 15-205 provide:

"Sec. 1002. Criteria for spending Pay-As-You-Go Contingency funding in fiscal year 2005.

"(a) Of the Pay-As-You-Go Contingency funding for fiscal year 2005, a total of $43,137,000 shall be made available upon the Mayor's submission of a request to the Council for its approval, as provided in subsection (c) of this subtitle, in which the Mayor demonstrates and the Chief Financial Officer ('CFO') certifies that funds are needed as follows:

"(1) The Department of Human Services:

"(A) Up to $2 million for Mental Retardation & Developmental Disabilities Administration; provided, that the CFO certifies that the requested funds are necessary to meet court-mandated expenditures that otherwise cannot be met by the appropriation;

"(B) Up to $5.4 million for the Youth Services Administration; provided, that the CFO certifies that the requested funds are necessary for the operation of Oak Hill Youth Center and the Mt. Olivet Youth Services Center;

"(2) The Child and Family Services Agency:

"(A) Up to $2 million for the Early Intervention Initiative; provided, that the CFO certifies that a federal payment will not be available for this purpose on October 1, 2004; provided further, that should a federal payment for this purpose become available, an amount equal to the federal payment shall revert to the Pay-As-You Go Capital fund;

"(B) Up to $6 million for the Title IV-E program; provided, that the CFO certifies that requested amendments to Title IV-E of the Federal Social Security Act providing additional federal funding for the Title IV-E program shall not be enacted in federal law on October 1, 2004; provided further, that should federal funding become available pursuant to an amendment to Title IV-E of the Federal Social Security Act, any local funds made available pursuant to this subparagraph that the CFO certifies are not needed, based upon the amendment, shall revert to the Pay-As-You Go Capital fund;

"(C) Up to $3 million for Medicaid-related expenses; provided, that the CFO certifies that improvements in the cost-reimbursement process have been made and that Medicaid revenue projections indicate that the requested funds remain necessary; provided further, that of the funds provided pursuant to this subparagraph, the requested amount shall be reduced or refunded by any further CFO-certified increases in Federal Medicaid Reimbursements, over the amount previously certified as revenue projections by the CFO pursuant to this subparagraph, as a result of the improvements;

"(D) Up to $1.9 million for family-based therapeutic foster care services; provided, that the Mayor submits documentary evidence showing that all contracts related to foster care services were competitively bid;

"(E) Up to $5 million for out-of-home care and community based services; provided, that the Mayor includes in his submission to the Council documentary evidence, certified by the CFO, showing that the projected utilization requires the use of the requested funds;

"(3) The Department of Mental Health, up to $11 million for Medicaid-related expenses; provided, that the CFO certifies that improvements in the cost-reimbursement process have been made and that Medicaid revenue projections indicate that the requested funds remain necessary; provided further, that of the funds made available pursuant to this paragraph, the requested amount shall be reduced or refunded by any further CFO-certified increases in Federal Medicaid Reimbursements, over the amount previously certified as revenue projections by the CFO pursuant to this paragraph, as a result of the improvements;

"(4) The Department of Health:

"(A) Up to $3 million for Health Care Safety Net; provided, that the Mayor includes in his submission to the Council documentary evidence, certified by the CFO, showing that the projected utilization requires the use of the requested funds;

"(B) Up to $2 million for the Addiction Prevention & Recovery Administration; provided, that the CFO certifies that additional funding from a federal grant will not be available on October 1, 2004; provided further, that should additional federal grant funding become available for addiction prevention and recovery, an amount equal to the federal payment shall be allocated to the Office of Property Management for transitional office space requirements;

"(5) The Office of the Inspector General, up to one million; provided, that the CFO certifies that the requested funds are necessary for Congressionally approved funding;

"(6) The Department of Employment Services, up to $500,000; provided, that the Mayor includes in his submission to the Council documentary evidence, certified by the CFO, showing that the agency has applied for, but not received, relevant federal grants not included in the ceiling of the fiscal year 2005 appropriation for the purpose for which the requested funds are needed; and

"(7) The Office of the Secretary, up to $375,000; provided, that the CFO certifies that the requested funds are necessary to cover lease costs.

"(b) Any funds not used for its stated purpose shall revert to the Pay-As-You-Go Capital fund.

"(c)(1) The Mayor shall transmit a request for funds to the Council for its approval. The transmittal shall include the CFO certification that the funds are needed for the stated purpose, accompanied by the CFO's independent analysis that led to the certification. If no written notice of disapproval of the request is filed with the Secretary to the Council within 14 calendar days of the receipt of a request from the Mayor or no oral notice of disapproval is given during a meeting of the Council during the 14 calendar day period, which review period shall begin on the 1st day following its receipt by the Office of the Secretary, the request shall be deemed to be approved. If a notice of disapproval is given during the 14 calendar day review period, the Council may approve or disapprove the request by resolution within 30 calendar days of the receipt of the request from the Mayor, or such request shall be deemed to be approved.

"(2) No request may be submitted to the Council under this subsection during such time as the Council is on recess, according to its rules, nor shall any time period provided in this subsection or in the Council's rules with respect to a request continue to run during such time as the Council is on recess."

"Sec. 1003. Conflict of law.

"For the purpose of meeting the requirements of the District Anti-Deficiency Act of 2002, effective April 4, 2003 (D.C. Law 14-285; D.C. Official Code § 47-355.01 et seq.), the dollar amounts set forth in section 1002(a) as available to the listed agency shall for the first two quarters of the fiscal year be included in the agency's budget."

Criteria for Spending Pay-As-You-Go Contingency Funding Act of 2005

Short title of subtitle C of title I of Law 16-33: Section 1010 of D.C. Law 16-33 provided that subtitle C of title I of the act may be cited as the Criteria for Spending Pay-As-You-Go Contingency Funding Act of 2005.

Section 1011 of D.C. Law 16-33 provides:

"Criteria for spending Pay-As-You-Go contingency funding in fiscal year 2006.

"(a) Of the Pay-As-You-Go contingency funding for fiscal year 2006, a total of $12,461,994 shall be made available upon the Mayor's submission of a request to the Council for its approval, as provided in subsection (c) of this section, in which the Mayor demonstrates and the Chief Financial Officer ("CFO") certifies that funds are needed as follows:

"(1) Office of Administrative Hearings, up to $130,000 for security costs;

"(2) Department of Corrections, up to $5,964,801 for nonpersonal services costs;

"(3) DC Emergency Management Agency, up to $755,000 for relocation costs to move to the Office of Unified Communications building;

"(4) Department of Youth Rehabilitation Services, up to $2,120,282 for personal and nonpersonal services;

"(5) The Wilson Building, up to $491,911 for maintenance contract costs;

"(6) Child and Family Services Agency, up to $1 million to support increased hiring;

"(7) District of Columbia Public Schools, up to $1 million to fund an initiative to provide computers to McKinley Technology High School, Ballou High School, and other high schools in DCPS, to be used as matching funds; and

"(8) Office of the Mayor, up to $1 million to support public education initiatives regarding voting rights in the District of Columbia.

"(b) Any funds not used for its stated purpose shall revert to the Pay-As-You-Go Capital fund.

"(c)(1) The Mayor shall transmit a request for funds in the form of a proposed resolution to the Council for its approval, which the Council may approve in whole or in part. The transmittal shall include CFO certification that the funds are needed for the stated purpose and the CFO's independent analysis that led to the certification. If no written notice of disapproval of the proposed resolution is filed with the Secretary to the Council within 14 calendar days of the receipt of a request from the Mayor or no oral notice of disapproval is given during a meeting of the Council during the 14 calendar day period, which review period shall begin on the 1st day following its receipt by the Office of the Secretary, the proposed resolution shall be deemed to be approved. If a notice of disapproval is given during the 14 calendar day review period, the Council may approve or disapprove, in whole or in part, the request by resolution within 30 calendar days of the receipt of the request from the Mayor, or such request shall be deemed to be approved.

"(2) No request may be submitted to the Council under this subsection during such time as the Council is on recess, according to its rules, nor shall any time period provided in this subsection or in the Council's rules with respect to a request continue to run during such time as the Council is on recess."

DC CODE § 1-204.46

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In general. -- Notwithstanding the fourth sentence of § 1-204.46, to account for an unanticipated growth of revenue collections, the amount appropriated as District of Columbia funds under budget approved by Act of Congress as provided in such section may be increased --
</section>
<section prefix="1">
 by an aggregate amount of not more than 25 percent, in the case of amounts allocated under the budget as "Other-Type Funds"; and
</section>
<section prefix="2">
 by an aggregate amount of not more than 6 percent, in the case of any other amounts allocated under the budget.
</section>
<section prefix="b">
 Conditions. -- The District of Columbia may obligate and expend any increase in the amount of funds authorized under this section only in accordance with the following conditions:
</section>
<section prefix="1">
 The Chief Financial Officer of the District of Columbia shall certify--
</section>
<section prefix="A">
 the increase in revenue; and
</section>
<section prefix="B">
 that the use of the amounts is not anticipated to have a negative impact on the long-term financial, fiscal, or economic health of the District.
</section>
<section prefix="2">
 The amounts shall be obligated and expended in accordance with laws enacted by the Council of the District of Columbia in support of each such obligation and expenditure, consistent with any other requirements under law.
</section>
<section prefix="3">
 The amounts may not be used to fund any agencies of the District government operating under court-ordered receivership.
</section>
<section prefix="4">
 The amounts may not be obligated or expended unless the Mayor has notified the Committees on Appropriations of the House of Representatives and Senate, the Committee on Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate not fewer than 30 days in advance of the obligation or expenditure.
</section>
<section prefix="c">
 Effective date. -- This section shall apply with respect to fiscal years 2006 through 2007.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 801, Pub. L. 93-198, title IV, § 446a, as added Oct. 16, 2006, 120 Stat. 2020, Pub. L. 109-356, § 101(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Editor's Notes

For additional similar authority, see § 47-369.02.

DC CODE § 1-204.46a

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Authority to accept, obligate, and expend amounts. -- Notwithstanding the fourth sentence of § 1-204.46, the Mayor, in consultation with the Chief Financial Officer of the District of Columbia may accept, obligate, and expend Federal, private, and other grants received by the District government that are not reflected in the budget approved by Act of Congress as provided in such section.
</section>
<section prefix="b">
 Conditions. --
</section>
<section prefix="1">
 Role of Chief Financial Officer; approval by Council. -- No Federal, private, or other grant may be accepted, obligated, or expended pursuant to subsection (a) of this section until --
</section>
<section prefix="A">
 the Chief Financial Officer submits to the Council a report setting forth detailed information regarding such grant; and
</section>
<section prefix="B">
 the Council has reviewed and approved the acceptance, obligation, and expenditure of such grant.
</section>
<section prefix="2">
 Deemed approval by Council. -- For purposes of paragraph (1)(B) of this subsection, the Council shall be deemed to have reviewed and approved the acceptance, obligation, and expenditure of a grant if --
</section>
<section prefix="A">
 no written notice of disapproval is filed with the Secretary of the Council within 14 calendar days of the receipt of the report from the Chief Financial Officer under paragraph (1)(A) of this subsection; or
</section>
<section prefix="B">
 if such a notice of disapproval is filed within such deadline, the Council does not by resolution disapprove the acceptance, obligation, or expenditure of the grant within 30 calendar days of the initial receipt of the report from the Chief Financial Officer under paragraph (1)(A) of this subsection.
</section>
<section prefix="c">
 No obligation or expenditure permitted in anticipation of receipt or approvaL. -- No amount may be obligated or expended from the general fund or other funds of the District of Columbia government in anticipation of the approval or receipt of a grant under subsection (b)(2) of this section or in anticipation of the approval or receipt of a Federal, private, or other grant not subject to such subsection.
</section>
<section prefix="d">
 Adjustments to annual budget. -- The Chief Financial Officer may adjust the budget for Federal, private, and other grants received by the District government reflected in the amounts provided in the budget approved by Act of Congress under § 1-204.46, or approved and received under subsection (b)(2) of this section to reflect a change in the actual amount of the grant.
</section>
<section prefix="e">
 Reports. -- The Chief Financial Officer shall prepare a quarterly report setting forth detailed information regarding all Federal, private, and other grants subject to this section. Each such report shall be submitted to the Council and to the Committees on Appropriations of the House of Representatives and Senate not later than 15 days after the end of the quarter covered by the report.
</section>
<section prefix="f">
 Effective date. -- This section shall apply with respect to fiscal year 2006 and each succeeding fiscal year.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 801, Pub. L. 93-198, title IV, § 446b, as added Oct. 16, 2006, 120 Stat. 2040, Pub. L. 109-356, § 305(a); Mar. 11, 2009, 123 Stat. 696, Pub. L. 111-8, § 808(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Effect of Amendments

Pub. L. 111-8, in subsec. (f), substituted "fiscal year 2006 and each succeeding fiscal year" for "fiscal years 2006 through 2008".

Effective Dates

Section 808(b) of Pub. L. 111-8 provides that the amendment made by subsection (a) shall take effect as if included in the enactment of the 2005 District of Columbia Omnibus Authorization Act [Pub. L. 109-356].

Delegation of Authority

Delegation of Additional Functions to the Office of Partnerships and Grant Services; Grantmaking Made Subject to Policies and Procedures Contained inCity-Wide Grants Manual and Sourcebook; Establishment of Grantmaking Procedure Waiver Committee, see Mayor's Order 2009-228, January 8, 2010 (57 DCR 530).

Delegation of Authority to the Child and Family Services Agency under section 601(d) of the Prevention of Child Abuse and Neglect Act of 1977, see Mayor's Order 2010-185, December 27, 2010 (58 DCR 153).

DC CODE § 1-204.46b

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Mayor shall implement appropriate procedures to insure that budget, accounting, and personnel control systems and structures are synchronized for budgeting and control purposes on a continuing basis. No employee shall be hired on a full-time or part-time basis unless such position is authorized by act of Congress. Employees shall be assigned in accordance with the program, organization, and fund categories specified in the act of Congress authorizing such position. Hiring of temporary employees and temporary employee transfers among programs shall be consistent with applicable acts of Congress and reprogramming procedures to insure that costs are accurately associated with programs and sources of funding.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 801, Pub. L. 93-198, title IV, § 447.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-305.

1973 Ed., § 47-225.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.47

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Subject to the limitations in § 1-206.03 and except to the extent provided under § 1-204.24d, the Mayor shall have charge of the administration of the financial affairs of the District and to that end he shall:
</section>
<section prefix="1">
 Supervise and be responsible for all financial transactions to insure adequate control of revenues and resources and to insure that appropriations are not exceeded;
</section>
<section prefix="2">
 Maintain systems of accounting and internal control designed to provide:
</section>
<section prefix="A">
 Full disclosure of the financial results of the District government's activities;
</section>
<section prefix="B">
 Adequate financial information needed by the District government for management purposes;
</section>
<section prefix="C">
 Effective control over and accountability for all funds, property, and other assets;
</section>
<section prefix="D">
 Reliable accounting results to serve as the basis for preparing and supporting agency budget requests and controlling the execution of the budget;
</section>
<section prefix="3">
 Submit to the Council a financial statement in any detail and at such times as the Council may specify;
</section>
<section prefix="4">
 Submit to the Council, by February 1st of each fiscal year, a complete financial statement and report for the preceding fiscal year, as audited by the Inspector General of the District of Columbia in accordance with subsection (c) of this section in the case of fiscal years 2006 through 2008;
</section>
<section prefix="5">
 Supervise and be responsible for the assessment of all property subject to assessment and special assessments within the corporate limits of the District for taxation, prepare tax maps, and give such notice of taxes and special assessments, as may be required by law;
</section>
<section prefix="6">
 Supervise and be responsible for the levying and collection of all taxes, special assessments, license fees, and other revenues of the District, as required by law, and receive all moneys receivable by the District from the Federal Government or from any agency or instrumentality of the District, except that this paragraph shall not apply to moneys from the District of Columbia Courts.
</section>
<section prefix="7">
 Have custody of all public funds belonging to or under the control of the District, or any agency of the District government, and deposit all funds coming into his hands, in such depositories as may be designated and under such terms and conditions as may be prescribed by act of the Council;
</section>
<section prefix="8">
 Have custody of all investments and invested funds of the District government, or in possession of such government in a fiduciary capacity, and have the safekeeping of all bonds and notes of the District and the receipt and delivery of District bonds and notes for transfer, registration, or exchange; and
</section>
<section prefix="9">
 Apportion the total of all appropriations and funds made available during the fiscal year for obligation so as to prevent obligation or expenditure thereof in a manner which would indicate a necessity for deficiency or supplemental appropriations for such fiscal year, and with respect to all appropriations or funds not limited to a definite period, and all authorizations to create obligations by contract in advance of appropriations, apportion the total of such appropriations or funds or authorizations so as to achieve the most effective and economical use thereof.
</section>
<section prefix="b">
 Notwithstanding subsection (a) of this section, the Mayor may make any payments required by subsection (b) or subsection (c) of § 1-204.83 and take any actions authorized by an act of the Council under § 1-204.67(b) or under subsection (a)(4)(A), or subsection (e), of § 1-204.90.
</section>
<section prefix="c">
 The financial statement and report for a fiscal year prepared and submitted for purposes of subsection (a)(4) of this section shall be audited by the Inspector General of the District of Columbia (in coordination with the Chief Financial Officer of the District of Columbia) pursuant to § 2-302.08(a)(4), and shall include as a basic financial statement a comparison of audited actual year-end results with the revenues submitted in the budget document for such year and the appropriations enacted into law for such year using the format, terminology, and classifications contained in the law making the appropriations for the year and its legislative history.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 801, Pub. L. 93-198, title IV, § 448; Oct. 13, 1977, 91 Stat. 1155, Pub. L. 95-131, § 2; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 3; Aug. 5, 1997, 111 Stat. 753, Pub. L. 105-33, § 11243(b); Oct. 16, 2006, 120 Stat. 2036, 2041, Pub. L. 109-356, §§ 201(b)(1), 306.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-310.

1973 Ed., § 47-226.

Effect of Amendments

Pub. L. 109-356, in the introductory language of subsec. (a), inserted "and except to the extent provided under § 1-204.24d"; in subsec. (a)(4), inserted ", as audited by the Inspector General of the District of Columbia in accordance with subsection (c) of this section in the case of fiscal years 2006 through 2008;"; and added subsec. (c).

Miscellaneous Notes

Apportionment of Fiscal Year 1989 appropriations: See Mayor's Memorandum 89- 14, May 12, 1989.

Authority of Mayor to contract with private financial institutions: See §§ 701 to 703 of the Act of June 15, 1976, D.C. Law 1-70.

Furloughing of employees: See Mayor's Order 96-72, May 22, 1996 (43 DCR 2919).

DC CODE § 1-204.48

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Except to the extent provided under § 1-204.24d, the Mayor shall:

</section>
<section prefix="1">
 Prescribe the forms of receipts, vouchers, bills, and claims to be used by all the agencies, offices, and instrumentalities of the District government;
</section>
<section prefix="2">
 Examine and approve all contracts, orders, and other documents by which the District government incurs financial obligations, having previously ascertained that money has been appropriated and allotted and will be available when the obligations shall become due and payable;
</section>
<section prefix="3">
 Audit and approve before payment all bills, invoices, payrolls, and other evidences of claims, demands, or charges against the District government and with the advice of the legal officials of the District determine the regularity, legality, and correctness of such claims, demands, or charges; and
</section>
<section prefix="4">
 Perform internal audits of accounts and operations and agency records of the District government, including the examination of any accounts or records of financial transactions, giving due consideration to the effectiveness of accounting systems, internal control, and related administrative practices of the respective agencies.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 802, Pub. L. 93-198, title IV, § 449; Oct. 16, 2006, 120 Stat. 2036, Pub. L. 109-356, § 201(b)(2).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-312.

1973 Ed., § 47-227.

Effect of Amendments

Pub. L. 109-356, in the introductory language, inserted "Except to the extent provided under § 1-204.24d,".

Delegation of Authority

Delegation of Contracting Authority, see Mayor's Order 92-153, December 1, 1992.

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 95-45, March 23, 1995.

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 96-136, September 9, 1996 (43 DCR 5043).

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority: See Mayor's Order 96-152, October 17, 1996 (43 DCR 5855).

Contracting authority for Year 2000 remediation contracts, see Mayor's Order 99-54, March 5, 1999 (46 DCR 2831).

Miscellaneous Notes

Amendment of Mayor's Order 90-178, Delegation of Contracting Authority; Delegation of Personnel Authority; and Establishment of Position of Administrator in the Commission on Mental Health Services: See Mayor's Order 96-172, December 9, 1996 (43 DCR 6973).

Amendment of Mayor's Order 96-172, Establishing Position of Administrator in the Commission on Mental Health Services; Appointment of Interim Administrator; Duties of Administrator: See Mayor's Order 97-6, January 9, 1997 (44 DCR 357).

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.49

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The General Fund of the District shall be composed of those District revenues which on January 2, 1975 are paid into the Treasury of the United States and credited either to the General Fund of the District or its miscellaneous receipts, but shall not include any revenues which are applied by law to any special fund existing on January 2, 1975. The Council may from time to time establish such additional special funds as may be necessary for the efficient operation of the government of the District. All money received by any agency, officer, or employee of the District in its or his official capacity shall belong to the District government and shall be paid promptly to the Mayor for deposit in the appropriate fund, except that all money received by the District of Columbia Courts shall be deposited in the Treasury of the United States or the Crime Victims Fund.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 803, Pub. L. 93-198, title IV, § 450; Aug. 5, 1997, 111 Stat. 753, Pub. L. 105-33, § 11243(c).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-130.

1973 Ed., § 47-130b.

Miscellaneous Notes

Definitions applicable: The definitions in § 1-202 apply to this section.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.50

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Emergency Reserve Fund. --
</section>
<section prefix="1">
 In general. -- There is established an emergency cash reserve fund ("emergency reserve fund") as an interest-bearing account (separate from other accounts in the General Fund) into which the Mayor shall make a deposit in cash not later than October 1 of each fiscal year of such an amount as may be required to maintain a balance in the fund of at least 2 percent of the operating expenditures as defined in paragraph (2) of this subsection or such amount as may be required for deposit in a fiscal year in which the District is replenishing the emergency reserve fund pursuant to paragraph (7) of this subsection.
</section>
<section prefix="2">
 Operating expenditures defined. -- For the purpose of this subsection, operating expenditures is defined as the amount reported in the District of Columbia's Comprehensive Annual Financial Report for the fiscal year immediately preceding the current fiscal year as the actual operating expenditure from local funds, less such amounts that are attributed to debt service payments for which a separate reserve fund is already established under this chapter.
</section>
<section prefix="3">
 Interest. -- Interest earned on the emergency reserve fund shall remain in the account and shall only be withdrawn in accordance with paragraph (4) of this subsection.
</section>
<section prefix="4">
 Criteria for use of amounts in emergency reserve fund. -- The Chief Financial Officer, in consultation with the Mayor, shall develop a policy to govern the emergency reserve fund which shall include (but which may not be limited to) the following requirements:
</section>
<section prefix="A">
 The emergency reserve fund may be used to provide for unanticipated and nonrecurring extraordinary needs of an emergency nature, including a natural disaster or calamity as defined by section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Public Law 100-707) or unexpected obligations by Federal law.
</section>
<section prefix="B">
 The emergency reserve fund may also be used in the event of a State of Emergency as declared by the Mayor pursuant to § 7-2304.
</section>
<section prefix="C">
 The emergency reserve fund may not be used to fund:
</section>
<section prefix="i">
 Any department, agency, or office of the Government of the District of Columbia which is administered by a receiver or other official appointed by a court;
</section>
<section prefix="i">
 Shortfalls in any projected reductions which are included in the budget proposed by the District of Columbia for the fiscal year; or
</section>
<section prefix="i">
 Settlements and judgments made by or against the Government of the District of Columbia.
</section>
<section prefix="5">
 Allocation of emergency cash reserve funds. -- Funds may be allocated from the emergency reserve fund only after:
</section>
<section prefix="A">
 An analysis has been prepared by the Chief Financial Officer of the availability of other sources of funding to carry out the purposes of the allocation and the impact of such allocation on the balance and integrity of the emergency reserve fund; and
</section>
<section prefix="B">
 With respect to fiscal years beginning with fiscal year 2005, the contingency reserve fund established by subsection (b) of this section has been projected by the Chief Financial Officer to be exhausted at the time of the allocation.
</section>
<section prefix="6">
 Notice. -- The Mayor, the Council, and (in the case of a fiscal year which is a control year, as defined in § 47-393(4)) the District of Columbia Financial Responsibility and Management Assistance Authority shall notify the Committees on Appropriations of the Senate and House of Representatives in writing not more than 30 days after the expenditure of funds from the emergency reserve fund.
</section>
<section prefix="7">
 Replenishment. --
</section>
<section prefix="A">
 In general. -- The District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the emergency reserve fund during the preceding fiscal years so that not less than 50 percent of any amount allocated in the preceding fiscal year or the amount necessary to restore the emergency reserve fund to the 2 percent required balance, whichever is less, is replenished by the end of the first fiscal year following each such allocation and 100 percent of the amount allocated or the amount necessary to restore the emergency reserve fund to the 2 percent required balance, whichever is less, is replenished by the end of the second fiscal year following each such allocation.
</section>
<section prefix="B">
 Special rule for replenishment after allocation for cash flow management. --
</section>
<section prefix="i">
 In general. -- If the District allocates amounts from the emergency reserve fund during a fiscal year for cash flow management purposes pursuant to the authority of subsection (c) of this section and at any time afterwards during the year makes a subsequent allocation from the fund for purposes of this subsection, and if as a result of the subsequent allocation the balance of the fund is reduced to an amount which is less than 50 percent of the balance of the fund as of the first day of the fiscal year, the District shall replenish the fund by such amount as may be required to restore the balance to an amount which is equal to 50 percent of the balance of the fund as of the first day of the fiscal year.
</section>
<section prefix="i">
 Deadline. -- The District shall carry out any replenishment required under sub-subparagraph (i) of this subparagraph as a result of a subsequent allocation described in such sub-subparagraph not later than the expiration of the 60-day period which begins on the date of the subsequent allocation.
</section>
<section prefix="b">
 Contingency Reserve Fund. --
</section>
<section prefix="1">
 In general. -- There is established a contingency cash reserve fund ("contingency reserve fund") as an interest-bearing account, separate from other accounts in the General Fund, into which the Mayor shall make a deposit in cash not later than October 1 of each fiscal year of such amount as may be required to maintain a balance in the fund of at least 4 percent of the operating expenditures as defined in paragraph (2) of this subsection or such amount as may be required for deposit in a fiscal year in which the District is replenishing the emergency reserve fund pursuant to paragraph (6) of this subsection.
</section>
<section prefix="2">
 Operating expenditures defined. -- For the purpose of this subsection, operating expenditures is defined as the amount reported in the District of Columbia's Comprehensive Annual Financial Report for the fiscal year immediately preceding the current fiscal year as the actual operating expenditure from local funds, less such amounts that are attributed to debt service payments for which a separate reserve fund is already established under this chapter.
</section>
<section prefix="3">
 Interest. -- Interest earned on the contingency reserve fund shall remain in the account and may only be withdrawn in accordance with paragraph (4) of this section.
</section>
<section prefix="4">
 Criteria for use of amounts in contingency reserve fund. -- The Chief Financial Officer, in consultation with the Mayor, shall develop a policy governing the use of the contingency reserve fund which shall include (but which may not be limited to) the following requirements:
</section>
<section prefix="A">
 The contingency reserve fund may only be used to provide for nonrecurring or unforeseen needs that arise during the fiscal year, including expenses associated with unforeseen weather or other natural disasters, unexpected obligations created by Federal law or new public safety or health needs or requirements that have been identified after the budget process has occurred, or opportunities to achieve cost savings.
</section>
<section prefix="B">
 The contingency reserve fund may be used, if needed, to cover revenue shortfalls experienced by the District government for 3 consecutive months (based on a 2 month rolling average) that are 5 percent or more below the budget forecast.
</section>
<section prefix="C">
 The contingency reserve fund may not be used to fund any shortfalls in any projected reductions which are included in the budget proposed by the District of Columbia for the fiscal year.
</section>
<section prefix="5">
 Allocation of contingency cash reserve. -- Funds may be allocated from the contingency reserve fund only after an analysis has been prepared by the Chief Financial Officer of the availability of other sources of funding to carry out the purposes of the allocation and the impact of such allocation on the balance and integrity of the contingency reserve fund.
</section>
<section prefix="6">
 Replenishment. --
</section>
<section prefix="A">
 In general. -- The District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the contingency reserve fund during the preceding fiscal years so that not less than 50 percent of any amount allocated in the preceding fiscal year or the amount necessary to restore the contingency reserve fund to the 4 percent required balance, whichever is less, is replenished by the end of the first fiscal year following each such allocation and 100 percent of the amount allocated or the amount necessary to restore the contingency reserve fund to the 4 percent required balance, whichever is less, is replenished by the end of the second fiscal year following each such allocation.
</section>
<section prefix="B">
 Special rule for replenishment after allocation for cash flow management. --
</section>
<section prefix="i">
 In general. -- If the District allocates amounts from the contingency reserve fund during a fiscal year for cash flow management purposes pursuant to the authority of subsection (c) of this section and at any time afterwards during the year makes a subsequent allocation from the fund for purposes of this subsection, and if as a result of the subsequent allocation the balance of the fund is reduced to an amount which is less than 50 percent of the balance of the fund as of the first day of the fiscal year, the District shall replenish the fund by such amount as may be required to restore the balance to an amount which is equal to 50 percent of the balance of the fund as of the first day of the fiscal year.
</section>
<section prefix="i">
 Deadline. -- The District shall carry out any replenishment required under sub-subparagraph (i) of this subparagraph as a result of a subsequent allocation described in such sub-subparagraph not later than the expiration of the 60-day period which begins on the date of the subsequent allocation.
</section>
<section prefix="c">
 Additional authority to allocate amounts. --
</section>
<section prefix="1">
 In general. -- Notwithstanding any other provision of this section, in addition to the authority provided under this section to allocate and use amounts from the emergency reserve fund under subsection (a) of this section and the contingency reserve fund under subsection (b) of this section, the District of Columbia may allocate amounts from such funds during a fiscal year and use such amounts for cash flow management purposes.
</section>
<section prefix="2">
 Limits on amount allocated. --
</section>
<section prefix="A">
 Amount of individual allocation. -- The amount of an allocation made from the emergency reserve fund or the contingency reserve fund pursuant to the authority of this subsection may not exceed 50 percent of the balance of the fund involved at the time the allocation is made.
</section>
<section prefix="B">
 Aggregate amount allocated. -- The aggregate amount allocated from the emergency reserve fund or the contingency reserve fund pursuant to the authority of this subsection during a fiscal year may not exceed 50 percent of the balance of the fund involved as of the first day of such fiscal year.
</section>
<section prefix="3">
 Replenishment. -- If the District of Columbia allocates any amounts from a reserve fund pursuant to the authority of this subsection during a fiscal year, the District shall fully replenish the fund for the amounts allocated not later than the earlier of--
</section>
<section prefix="A">
 the expiration of the 9-month period which begins on the date the allocation is made; or
</section>
<section prefix="B">
 the last day of the fiscal year.
</section>
<section prefix="4">
 Effective date. -- This subsection shall apply with respect to fiscal years 2006 through 2007.
</section>
<section prefix="d">
 Quarterly Reports. -- The Chief Financial Officer shall submit a quarterly report to the Mayor, the Council, the District of Columbia Financial Responsibility and Management Assistance Authority (in the case of a fiscal year which is a control year, as defined in § 47-393(4)), and the Committees on Appropriations of the Senate and House of Representatives that includes a monthly statement on the balance and activities of the contingency and emergency reserve funds.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 803, Pub. L. 93-198; title IV, 450A as added Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 159(a)(1); Dec. 21, 2001, 107 Stat. 956, Pub. L. 107-96, § 133(d); Oct. 18, 2004, 118 Stat. 1345, Pub. L. 108-335, § 332; Oct. 16, 2006, 120 Stat. 2021, 2028, Pub. L. 109-356, §§ 102, 122(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-130.1.

Effect of Amendments

Pub. L. 107-96 rewrote subsec. (b)(1) which had read as follows:

"(1) In general.--There is established a contingency cash reserve fund (in this subsection referred to as the 'contingency reserve fund') as an interest-bearing account (separate from other accounts in the General Fund) into which the Mayor shall deposit in cash not later than October 1 of each fiscal year (beginning with fiscal year 2005) such amount as may be required to maintain a balance in the fund of at least 3 percent of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds (or, in the case of fiscal years prior to fiscal year 2007, such amount as may be required to maintain a balance in the fund of at least the minimum contingency reserve balance for such fiscal year, as determined under paragraph (2) of this subsection)."

Pub. L. 108-335 rewrote pars. (1), (2), and (7) of subsec. (a), and rewrote pars. (1), (2), and (6) of subsec. (b), all of which had read as follows:

"(1) In general. -- There is established an emergency cash reserve fund (in this subsection referred to as the 'emergency reserve fund') as an interest-bearing account (separate from other accounts in the General Fund) into which the Mayor shall deposit in cash not later than February 15 of each fiscal year (or not later than October 1, 2000, in the case of fiscal year 2001) such amount as may be required to maintain a balance in the fund of at least 4 percent of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds (or, in the case of fiscal years prior to fiscal year 2004, such amount as may be required to maintain a balance in the fund of at least the minimum emergency reserve balance for such fiscal year, as determined under paragraph (2) of this subsection)."

"(2) Determination of minimum emergency reserve balance. --

"(A) In general. -- The 'minimum emergency reserve balance' with respect to a fiscal year is the amount equal to the applicable percentage of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds.

"(B) Applicable percentage defined. -- In subparagraph (A) of this paragraph, the 'applicable percentage' with respect to a fiscal year means the following:

"(i) For fiscal year 2001, 1 percent.

"(ii) For fiscal year 2002, 2 percent.

"(iii) For fiscal year 2003, 3 percent."

"(7) Replenishment. -- The District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the emergency reserve fund during the preceding fiscal year by the following fiscal year. Once the emergency reserve equals 4 percent of total budget appropriated from local funds for operating expenditures for the fiscal year, the District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the emergency reserve fund during the preceding year to maintain a balance of at least 4 percent of total funds appropriated from local funds for operating expenditures by the following fiscal year."

"(1) In general. -- There is established a contingency cash reserve fund (in this subsection referred to as the 'contingency reserve fund') as an interest-bearing account (separate from other accounts in the General Fund) into which the Mayor shall deposit in cash not later than October 1 of each fiscal year (beginning with fiscal year 2002) such amount as may be required to maintain a balance in the fund of at least 3 percent of the total budget appropriated for operating expenditures for such fiscal year which is derived from local funds (or, in the case of fiscal years prior to fiscal year 2007, such amount as may be required to maintain a balance in the fund of at least the minimum contingency reserve balance for such fiscal year, as determined under paragraph (2) of this subsection)."

"(2) Determination of minimum contingency reserve balance. --"

"(A) In general. -- The 'minimum contingency reserve balance' with respect to a fiscal year is the amount equal to the applicable percentage of the total budget appropriated from local funds for operating expenditures for such fiscal year which is derived from local funds.

"(B) Applicable percentage defined. -- In subparagraph (A) of this paragraph, the 'applicable percentage' with respect to a fiscal year means the following:

"(i) For fiscal year 2002, 0 percent.

"(ii) For fiscal year 2003, 0 percent.

"(iii) For fiscal year 2004, 0 percent.

"(iv) For fiscal year 2005, 1 percent.

"(v) For fiscal year 2006, 2 percent."

"(6) Replenishment. -- The District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the contingency reserve fund during the preceding fiscal year by the following fiscal year. Once the contingency reserve equals 3 percent of total funds appropriated from local funds for operating expenditures, the District of Columbia shall appropriate sufficient funds each fiscal year in the budget process to replenish any amounts allocated from the contingency reserve fund during the preceding year to maintain a balance of at least 3 percent of total funds appropriated from local funds for operating expenditures by the following fiscal year."

Pub. L. 109-356, in the heading of subsecs. (a)(2) and (b)(2), substituted "Operating expenditures defined" for ''In general"; in subsec. (a)(7), designated subpar. (A) and added subpar. (B); in subsec. (b)(6), designated subpar. (A) and added subpar. (B); redesignated former subsec. (c) as subsec. (d); and inserted a new subsec. (c).

Temporary Addition of Section

Section 103 of D.C. Law 17-326 added provisions to read as follows:

"Sec. 103. Operating Cash Reserve fund; establishment.

"(a) The Chief Financial Officer shall create a special fund designated as the Operating Cash Reserve ('OCR') fund into which $46 million in fiscal year 2009 shall be designated for the following purposes:

"(1) An amount of $15.491 million from the Department of Housing and Community Development for the following programs:

"(A) An amount of $11 million to expand down-payment assistance for over 500 first-time home buyers;

"(B) An amount of $592,000 for nonpersonal services for the Housing Regulation Administration; and

"(C) An amount of $3.899 million to create a land-acquisition fund for direct investment in affordable housing development projects.

"(2) An amount of $7.129 million from the Department of Human Services for Housing First wrap-around services and supportive housing for at-risk homeless;

"(3) An amount of $200,000 from the Department of Public Works for the following programs:

"(A) An amount of $100,000 for the Anti-Graffiti Mural Support Program Fund; and

"(B) An amount of $100,000 for the anti-graffiti paint to be used in conjunction with alley-cutback and graffiti removal programs;

"(4) An amount of $9 million from the Pay-As-You-Go Capital Fund for the following programs:

"(A) An amount of $500,000 for the creation of a nonlapsing fund for the Pedestrian and Bicycle Safety and Enhancement Fund;

"(B) An amount of $3.2 million to the Department of Housing and Community Development for Home Again;

"(C) An amount of $4.5 million to the Department of Human Services for the case-management system;

"(D) An amount of $400,000 to the District Department of Transportation for repair and maintenance to curbs, sidewalks, and alleys, and Square 394/Lot 59 paving and drainage in the easement; and

"(E) An amount of $400,000 to the District Department of Transportation for repair and maintenance to curbs and sidewalks from the prior year carryover;

"(5) An amount of $3.557 million from the Deputy Mayor for Planning and Economic Development for the following programs:

"(A) An amount of $2.279 million to expand the New Communities human capital;

"(B) An amount of $588,000 to develop a database for tracking the affordable-housing pipeline;

"(C) An amount of $500,000 to the Ward 4 BID Demonstration Project and capital improvement grants to businesses on Georgia Avenue and Kennedy Street, N.W.; and

"(D) An amount of $190,000 to the Ward 4 BID Demonstration Project and capital improvements to Georgia Avenue in Ward 1;

"(6) An amount of $442,000 from the District of Columbia Public Library to upgrade branch library furniture, fixtures, and equipment;

"(7) An amount of $191,000 from the Department of Health to perform a feasibility analysis of residential substance abuse treatment facilities; and

"(8) An amount of $10 million from the Committee on Health to be used for the Health Programs Contingency Fund reserved for health-related one-time expenditure needs from savings identified by the Committee on Health.

"(b)(1) In fiscal year 2009, no funds shall be transferred from the OCR fund until release of the February revised revenue estimate and approval by Counsel of the use of the OCR funds.

"(2) The Council shall approve by act the use of OCR funds.

"(c) Following fiscal year 2009:

"(1) The amount of $46 million shall be placed into the OCR fund in fiscal year 2010;

"(2) The amount of $48 million shall be placed into the OCR fund in fiscal year 2011; and

"(3) The amount of $50 million shall be placed into the OCR fund in fiscal year 2012."

Section 402(b) of D.C. Law 17-326 provides that the act shall expire after 225 days of its having taken effect.

Emergency Act Amendments

For temporary (90 day) addition, see § 102 of Fiscal Year 2009 Balanced Budget Support Emergency Amendment Act of 2008 (D.C. Act 17-572, December 2, 2008, 55 DCR 12452).

For temporary (90 day) detail of purpose of expenditures, see § 2 of Use of the Reserve Funds Omnibus Emergency Act of 2002 (D.C. Act 14-360, April 30, 2002, 49 DCR 4724).

For temporary (90 day) addition, see § 103 of Fiscal Year 2009 Balanced Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-13, February 23, 2009, 56 DCR 1920).

Effective Dates

Section 122(b) of Pub. L. 109-356 provides that the amendment made by subsection (a) shall take effect as if included in the enactment of the District of Columbia Appropriation Act, 2005 [Pub. L. 108-335].

Miscellaneous Notes

Section 404(c) of Chapter 4 of Division A of H.R. 5666 provides:

"(c)(1) The Mayor of the District of Columbia shall deposit the annual interest savings resulting from debt reductions using the proceeds of the tobacco securitization program into the emergency reserve fund established under section 450A of the District of Columbia Home Rule Act (as added by section 159 of the District of Columbia Appropriations Act, 2001).

"(2) This subsection shall apply with respect to fiscal year 2001 and each succeeding fiscal year until the requirements of section 450A of the District of Columbia Home Rule Act have been met."

DC CODE § 1-204.50a

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Comprehensive Financial Management Policy. -- The District of Columbia shall conduct its financial management in accordance with a comprehensive financial management policy.
</section>
<section prefix="b">
 Contents of Policy. -- The comprehensive financial management policy shall include, but not be limited to, the following:
</section>
<section prefix="1">
 A cash management policy.
</section>
<section prefix="2">
 A debt management policy.
</section>
<section prefix="3">
 A financial asset management policy.
</section>
<section prefix="4">
 An emergency reserve management policy in accordance with § 1- 204.50a(a).
</section>
<section prefix="5">
 A contingency reserve management policy in accordance with section § 1- 204.50a(b).
</section>
<section prefix="6">
 A policy for determining real property tax exemptions for the District of Columbia.
</section>
<section prefix="c">
 Annual Review. -- The comprehensive financial management policy shall be reviewed at the end of each fiscal year by the Chief Financial Officer who shall:
</section>
<section prefix="1">
 Not later than July 1 of each year, submit any proposed changes in the policy to the Mayor and (in the case of a fiscal year which is a control year, as defined in § 47-393(4)) the District of Columbia Financial Responsibility and Management Assistance Authority (Authority) for review;
</section>
<section prefix="2">
 Not later than August 1 of each year, after consideration of any comments received under paragraph (1) of this subsection, submit the changes to the Council of the District of Columbia (Council) for approval; and
</section>
<section prefix="3">
 Not later than September 1 of each year, notify the Committees on Appropriations of the Senate and House of Representatives, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate of any changes enacted by the Council.
</section>
<section prefix="d">
 Procedure for Development of First Comprehensive Financial Management Policy. --
</section>
<section prefix="1">
 Chief Financial Officer. -- Not later than April 1, 2001, the Chief Financial Officer shall submit to the Mayor an initial proposed comprehensive financial management policy for the District of Columbia pursuant to this section.
</section>
<section prefix="2">
 Council. -- Following review and comment by the Mayor, not later than May 1, 2001, the Chief Financial Officer shall submit the proposed financial management policy to the Council for its prompt review and adoption.
</section>
<section prefix="3">
 Authority. -- Upon adoption of the financial management policy under paragraph (2) of this subsection, the Council shall immediately submit the policy to the Authority for a review of not to exceed 30 days.
</section>
<section prefix="4">
 Congress. -- Following review of the financial management policy by the Authority under paragraph (3) of this subsection, the Authority shall submit the policy to the Committees on Appropriations of the Senate and House of Representatives, the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate for review, and the policy shall take effect 30 days after the date the policy is submitted under this paragraph.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 803, Pub. L. 93-198; title IV, §450B as added Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-552, § 154(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-130.2.

Emergency Act Amendments

For temporary (90 day) approval of financial management policy, see § 2 of FY 2001 Comprehensive Financial Management Policy Approval Emergency Act of 2002 (D.C. Act 14-342, April 26, 2002, 49 DCR 4293).

For temporary (90 day) amendment of section, see § 1802 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).

Miscellaneous Notes

Section 154 (c) of Public Law 106-522 provides: "This section and the amendments made by this section shall take effect on October 1, 2000."

Section 1802 of D.C. Law 14-190 provides: "Pursuant to section 450B of the District of Columbia Home Rule Act, approved November 22, 2000 (114 Stat. 2475; D.C. Official Code § 1-204.50b), the Council hereby approves the FY 2002 Comprehensive Financial Management Policy approved by the Mayor and transmitted to the Council on March 18, 2002."

Short title of title XVIII of Law 14-190: Section 1801 of D.C. Law 14-190 provided that title XVIII of the act may be cited as the FY 2002 Comprehensive Financial Management Policy Approval Act of 2002.

DC CODE § 1-204.50b

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Contracts extending beyond one year. -- No contract involving expenditures out of an appropriation which is available for more than 1 year shall be made for a period of more than 5 years unless, with respect to a particular contract, the Council, by a two-thirds vote of its members present and voting, authorizes the extension of such period for such contract. Such contracts shall be made pursuant to criteria established by act of the Council.
</section>
<section prefix="b">
 Contracts exceeding certain amount.
</section>
<section prefix="1">
 In general. -- No contract involving expenditures in excess of $1,000,000 during a 12-month period may be made unless the Mayor submits the contract to the Council for its approval and the Council approves the contract (in accordance with criteria established by act of the Council).
</section>
<section prefix="2">
 Deemed approval. -- For purposes of paragraph (1) of this subsection, the Council shall be deemed to approve a contract if --
</section>
<section prefix="A">
 during the 10-day period beginning on the date the Mayor submits the contract to the Council, no member of the Council introduces a resolution approving or disapproving the contract; or
</section>
<section prefix="B">
 during the 45-calendar day period beginning on the date the Mayor submits the contract to the Council, the Council does not disapprove the contract.
</section>
<section prefix="c">
 Multiyear contracts. -- (1) The District may enter into multiyear contracts to obtain goods and services for which funds would otherwise be available for obligation only within the fiscal year for which appropriated.
</section>
<section prefix="2">
 If the funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be cancelled or terminated, and the cost of cancellation or termination may be paid from --
</section>
<section prefix="A">
 appropriations originally available for the performance of the contract concerned;
</section>
<section prefix="B">
 appropriations currently available for procurement of the type of acquisition covered by the contract, and not otherwise obligated; or
</section>
<section prefix="C">
 funds appropriated for those payments.
</section>
<section prefix="3">
 No contract entered into under this subsection shall be valid unless the Mayor submits the contract to the Council for its approval and the Council approves the contract (in accordance with criteria established by act of the Council). The Council shall be required to take affirmative action to approve the contract within 45 days. If no action is taken to approve the contract within 45 calendar days, the contract shall be deemed disapproved.
</section>
<section prefix="d">
 Exemption for certain contracts. -- The requirements of this section shall not apply with respect to any of the following contracts:
</section>
<section prefix="1">
 Any contract entered into by the Washington Convention Center Authority for preconstruction activities, project management, design, or construction.
</section>
<section prefix="2">
 Any contract entered into by the District of Columbia Water and Sewer Authority established pursuant to the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, other than contracts for the sale or lease of the Blue Plains Wastewater Treatment Plant.
</section>
<section prefix="3">
 At the option of the Council, any contract for a highway improvement project carried out under title 23, United States Code.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 803, Pub. L. 93-198, title IV, § 451; Apr. 17, 1995, 109 Stat. 151, Pub. L. 104-8, § 304(a); Apr. 26, 1996, 110 Stat. 1321 [210], Pub. L. 104-134, § 134; Sept. 9, 1996, 110 Stat. 2376, Pub. L. 104-194, § 144; Aug. 5, 1997, 111 Stat. 781, Pub. L. 105-33, § 11704(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-1130.

1973 Ed., § 1-825.

Emergency Act Amendments

For temporary approval of a multiyear contract with the United States of America for potable water from the Washington Aqueduct, see § 2 of the Multiyear Water Purchase Agreement Emergency Amendment Act of 1997 (D.C. Act 12-116, July 28, 1997, 44 DCR 4504).

References in Text

The "Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996," referred to in (d)(2), is D.C. Law 11-111, which is codified primarily as § 34-2201.01 et seq.

Resolutions

Resolution 13-166, the "Support Agreement No. 12, Amendment 4 (Authorization of Fiscal Year 1999 School Facility Capital Improvement Projects) Emergency Approval Resolution of 1999", was approved effective June 22, 1999.

Resolution 13-172, the "$3.1 Million Community Development Block Grant for the Greater Southeast Community Hospital Foundation Emergency Approval Resolution of 1999", was approved effective June 22, 1999.

Miscellaneous Notes

415 12th Street, N.W. lease approval: For temporary approval of the lease agreement between the District of Columbia government and Laszlo N. Tauber, M.D., and Associates for 415 12th Street, N.W., and for exemption of the lease from the formal competitive procurement requirements applicable to leases where the District government will be the predominant user of the building, see §§ 2 and 3 of the 415 12th Street, N.W., Lease Conditional Approval Emergency Act of 1995 (D.C. Act 11-140, July 19, 1995, 42 DCR 5606).

800 Ninth Street, S.W. lease approval: For temporary approval of a lease agreement between the District of Columbia government and NBL Associates Limited Partnership for 800 Ninth Street, S.W., and for exemption of this lease from the formal competitive procurement requirements applicable to leases where the District will be the predominant user of the building, see §§ 2 and 3 of the 800 Ninth Street, S.W., Lease Approval Emergency Act of 1995 (D.C. Act 11- 141, October 6, 1995, 42 DCR 5704).

Applicability of § 304 of Pub. Law 104-8: Section 304(c) of Pub. Law 104-8, 109 Stat. 152, provided that the amendments made by that section shall apply to contracts made on or after the date of the enactment of the Act, April 17, 1995.

Application of § 11704(a) of Pub. L. 105-33: Section 11704(b) of Title XI of Pub. L. 105-33, 111 Stat. 786, the National Capital Revitalization and Self-Government Improvement Act of 1997, provided that the amendment made by § 11704(a) shall apply with respect to contracts entered into on or after the date of the enactment of this title. Title XI of Pub. L. 105-33 was approved August 5, 1997.

Definitions applicable: The definitions contained in § 1-202 apply to this section.

DC CODE § 1-204.51

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


CREDIT(S)

(Dec. 24, 1973, 87 Stat. 803, Pub. L. 93-198, title IV, § 452; Apr. 17, 1995, 109 Stat. 116, Pub. L. 104-8, § 202(g)(2); Oct. 30, 2004, 118 Stat. 2228, Pub. L. 108-386, § 2; June 1, 2007, 121 Stat. 223, Pub. L. 110- 33, § 1(a)(1).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 31-104.

1973 Ed., § 31-104-1.

Emergency Act Amendments

For a proposed temporary (90 day) amendment of section, see § 352 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).

For a proposed temporary (90 day) amendment of section, see § 352 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provides that: "The amendments made by this section shall take effect on the date of the enactment of this Act."

Editor's Notes

In sections 901 to 903 of Law 17-9 the Council of the District of Columbia requested that Congress repeal this section.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Miscellaneous Notes

Section 353 of D.C. Law 15-39, as amended by D.C. Law 15-354, § 80, provides:   "Section 352 of this subtitle shall take effect upon enactment into law by the United States Congress."  Public Law 108-386 represents the enactment of § 352 of D.C. Law 15-39.

DC CODE § 1-204.52

Current through December 11, 2012




</history>
<metadata><repealed>y</repealed></metadata>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In accordance with subsection (b) of this section and except as provided in subsection (c) of this section, the Mayor may reduce amounts appropriated or otherwise made available to independent agencies of the District of Columbia (including the Board of Education) for a fiscal year if the Mayor determines that it is necessary to reduce such amounts to balance the District's budget for the fiscal year.
</section>
<section prefix="b">
(1) The Mayor may not make any reduction pursuant to subsection (a) of this section unless the Mayor submits a proposal to make such a reduction to the Council and the Council approves the proposal.
</section>
<section prefix="2">
 A proposal submitted by the Mayor under paragraph (1) of this subsection shall be deemed to be approved by the Council:
</section>
<section prefix="A">
 If no member of the Council files a written objection to the proposal with the Secretary of the Council before the expiration of the 10-day period that begins on the date the Mayor submits the proposal; or
</section>
<section prefix="B">
 If a member of the Council files such a written objection during the period described in subparagraph (A) of this paragraph, if the Council does not disapprove the proposal prior to the expiration of the 45-day period that begins on the date the member files the written objection.
</section>
<section prefix="3">
 The periods described in subparagraphs (A) and (B) of paragraph (2) of this subsection shall not include any days which are days of recess for the Council (according to the Council's rules).
</section>
<section prefix="c">
 Subsection (a) of this section shall not apply to amounts appropriated or otherwise made available to the Council, the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47- 391.01(a), or the District of Columbia Water and Sewer Authority established pursuant to § 34-2202.02.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 803, Pub. L. 93-198, title IV, § 453, as added Aug. 17, 1991, Pub. L. 102-106, 105 Stat. 539, § 2; Apr. 17, 1995, 109 Stat. 106, Pub. L. 104-8, § 106(a)(4); Aug. 6, 1996, 110 Stat. 1698, Pub. L. 104-184, § 4(b); Aug. 5, 1997, 111 Stat. 753, Pub. L. 105-33, § 11243(d); Nov. 19, 1997, 111 Stat. 2187, Pub. L. 105-100, § 157(e)(1).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-304.1.

1981 Ed., § 31-104.1.

Effective Dates

Section 157(e)(1) of Pub. L. 105-100, 111 Stat. 2187, the District of Columbia Appropriations Act, 1998, provided that the amendment is effective as if included in the enactment of Pub. L. 105-33, 111 Stat. 251, the Balanced Budget Act of 1997.

References in Text

The "Council's rules," referred to in (b)(3), are the Rules of Organization and Procedure for the Council of the District of Columbia which are set out in the supplement as a note following § 1-204.04.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.53

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 There is established for the District of Columbia the Office of District of Columbia Auditor who shall be appointed by the Chairman, subject to the approval of a majority of the Council. The District of Columbia Auditor shall serve for a term of 6 years and shall be paid at a rate of compensation as may be established from time to time by the Council.
</section>
<section prefix="b">
 The District of Columbia Auditor shall each year conduct a thorough audit of the accounts and operations of the government of the District in accordance with such principles and procedures and under such rules and regulations as he may prescribe. In the determination of the auditing procedures to be followed and the extent of the examination of vouchers and other documents and records, the District of Columbia Auditor shall give due regard to generally accepted principles of auditing including the effectiveness of the accounting organizations and systems, internal audit and control, and related administrative practices.
</section>
<section prefix="c">
 The District of Columbia Auditor shall have access to all books, accounts, records, reports, findings and all other papers, things, or property belonging to or in use by any department, agency, or other instrumentality of the District government and necessary to facilitate the audit.
</section>
<section prefix="d">
 The District of Columbia Auditor shall submit his audit reports to the Congress, the Mayor, and the Council. Such reports shall set forth the scope of the audits conducted by him and shall include such comments and information as the District of Columbia Auditor may deem necessary to keep the Congress, the Mayor, and the Council informed of the operations to which the reports relate, together with such recommendations with respect thereto as he may deem advisable.
</section>
<section prefix="e">
 The Council shall make such report, together with such other material as it deems pertinent thereto, available for public inspection.
</section>
<section prefix="f">
 The Mayor shall state in writing to the Council, within an appropriate time, what action he has taken to effectuate the recommendations made by the District of Columbia Auditor in his reports.
</section>
<section prefix="g">
 This section shall not apply to the District of Columbia Courts or the accounts and operations thereof.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 803, Pub. L. 93-198, title IV, § 455; Aug. 5, 1997, 111 Stat. 754, Pub. L. 105-33, § 11244(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-117.

1973 Ed., § 47-120.

Emergency Act Amendments

For temporary (90 day) addition, see §§ 2 to 4 of District of Columbia Auditor Subpoena and Oath Authority Emergency Act of 2004 (D.C. Act 15-317, January 28, 2004, 51 DCR 1555).

Miscellaneous Notes

Increase of rate of compensation for District of Columbia Auditor approved: Pursuant to Resolution 8-69, the "Rate of Compensation for the District of Columbia Auditor Resolution of 1989," effective June 27, 1989, the Council authorized an increase in the rate of compensation authorized for the District of Columbia Auditor from the rate as may be provided from time to time for grade 16 of the District Schedule to the rate as may be established from time to time for grade 17 of the District Schedule.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Definitions applicable: The definitions in § 1-201.03 apply to this section.

DC CODE § 1-204.55

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Submission of annual plan. -- Concurrent with the submission of the District of Columbia budget to Congress each year (beginning with 2001), the Mayor shall develop and submit to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a performance accountability plan for all departments, agencies, and programs of the government of the District of Columbia for the subsequent fiscal year.
</section>
<section prefix="b">
 Contents of plan. -- The performance accountability plan for a fiscal year shall contain the following:
</section>
<section prefix="1">
 A statement of measurable, objective performance goals established for all significant activities of the government of the District of Columbia during the fiscal year (including activities funded in whole or in part by the District but performed in whole or in part by some other public or private entity);
</section>
<section prefix="2">
 A description of the measures of performance to be used in determining whether the government has met the goals established under paragraph (1) of this subsection with respect to an activity for a fiscal year. Such measures shall analyze the quantity and quality of the activities involved, and shall include measures of program outcomes and results; and
</section>
<section prefix="3">
 The title of the District of Columbia management employee most directly responsible for the achievement of each goal and the title of such employee's immediate supervisor or superior.
</section>
<section prefix="c">
 Description of activities subject to court order. -- In addition to the material included in the performance accountability plan for a fiscal year under subsection (b) of this section, the plan shall include a description of the activities of the government of the District of Columbia that are subject to a court order during the fiscal year and the requirements placed on such activities by the court order.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 456(a), as added Oct. 19, 1994, 108 Stat. 3488, Pub. L. 103-373, § 3(a)(2); Nov. 19, 1997, 111 Stat. 2174, Pub. L. 105-100, § 130; Nov. 29, 1999, 113 Stat. 1531, Pub. L. 106- 113, § 169(1); Nov. 6, 2000, 114 Stat. 1940, Pub. L. 106-449, § 1(1).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-231.

Effect of Amendments

Public Law 106-113 in subsec. (a), struck "District of Columbia Financial Responsibility and Management Assistance Authority" and inserted "Mayor".

Pub.L. 106-449, in subsec. (a), substituted "Concurrent with the submission of the District of Columbia budget to Congress each year (beginning with 2001)" for "Not later than March 1 of each year (beginning with 1998)"; and, in subsec. (b)(1), deleted "that describe an acceptable level of performance by the government and a superior level of performance by the government" following "private entity)".

DC CODE § 1-204.56a

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Submission of report. -- Not later than March 1 of each year (beginning with 2001), the Mayor shall develop and submit to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a performance accountability report on activities of the government of the District of Columbia during the fiscal year ending on the previous September 30.
</section>
<section prefix="b">
 Contents of report. -- The performance accountability report for a fiscal year shall contain the following:
</section>
<section prefix="1">
 For each goal of the performance accountability plan submitted under § 1-204.56a for the year, a statement of the actual level of performance achieved compared to the stated goal;
</section>
<section prefix="2">
 The title of the District of Columbia management employee most directly responsible for the achievement of each goal and the title of such employee's immediate supervisor or superior; and
</section>
<section prefix="3">
 A statement of the status of any court orders applicable to the government of the District of Columbia during the year and the steps taken by the government to comply with such orders.
</section>
<section prefix="c">
 Evaluation of report. -- The Comptroller General, in consultation with the Director of the Office of Management and Budget, shall review and evaluate each performance accountability report submitted under this subsection and not later than April 15 of each year shall submit comments on such report to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 456(b), as added Oct. 19, 1994, 108 Stat. 3488, Pub. L. 103-373, § 3(a)(2);Nov. 19, 1997, 111 Stat. 2174, Pub. L. 105-100, § 130; Nov. 29, 1999, 113 Stat. 1531, Pub. L. 106- 113, § 169(2); Nov. 6, 2000, 114 Stat. 1940, Pub. L. 106-449, § 1(2).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-232.

Effect of Amendments

Public Law 106-113 in subsec. (a), struck "Authority" and inserted "Mayor".

Pub.L. 106-449, in subsec. (a), substituted "2001" for "1999": and, in subsec. (b)(1), deleted "for an acceptable level of performance and the goal for a superior level of performance" following "stated goal".

Editor's Note

Public Law 106-449 purported to delete the following language from subsection(b)(A) of this section: "for an acceptable level of performance by the government and a superior level of performance by the government". In order to carry out the perceived intent of Congress, following language was deleted from the same subsection: "for an acceptable level of performance and the goal for a superior level of performance."

DC CODE § 1-204.56b

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Development and submission. -- Not later than March 1 of each year (beginning with 1997), the Chief Financial Officer shall develop and submit to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, and the Comptroller General a 5-year financial plan for the government of the District of Columbia that contains a description of the steps the government will take to eliminate any differences between expenditures from, and revenues attributable to, each fund of the District of Columbia during the first 5 fiscal years beginning after the submission of the plan.
</section>
<section prefix="b">
 Report on compliance. --
</section>
<section prefix="1">
 Submission of report. -- Not later than March 1 of every year (beginning with 1999), the Chief Financial Officer shall submit a report to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, the Committees on Appropriations of the House of Representatives and the Senate, the Comptroller General, and the Director of the Congressional Budget Office on the extent to which the government of the District of Columbia was in compliance during the preceding fiscal year with the applicable requirements of the financial accountability plan submitted for such fiscal year under this section.
</section>
<section prefix="2">
 Evaluation of report. -- The Comptroller General, in consultation with the Director of the Congressional Budget Office, shall review and evaluate the financial accountability compliance report submitted under paragraph (1) of this subsection and not later than April 15 of each year shall submit comments on such report to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Committees on Appropriations of the House of Representatives and the Senate.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 456(c), as added Oct. 19, 1994, 108 Stat. 3488, Pub. L. 103-373, § 3(a)(2); Nov. 19, 1997, 111 Stat. 2174, Pub. L. 105-100, § 130.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-233.

DC CODE § 1-204.56c

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Submission of quarterly financial reports. -- Not later than fifteen days after the end of every calendar quarter (beginning with a report for the quarter beginning October 1, 1997), the Chief Financial Officer shall submit to the Committee on Government Reform and Oversight of the House of Representatives, the Committee on Governmental Affairs of the Senate, and the Subcommittees on the District of Columbia of the Committees on Appropriations of the House of Representatives and the Senate, a report on the financial and budgetary status of the government of the District of Columbia for the previous quarter.
</section>
<section prefix="b">
 Contents of report. -- Each quarterly financial report submitted under subsection (a) of this section shall include the following information:
</section>
<section prefix="1">
 A comparison of actual to forecasted cash receipts and disbursements for each month of the quarter, as presented in the District's fiscal year consolidated cash forecast which shall be supported and accompanied by cash forecasts for the general fund and each of the District government's other funds other than the capital projects fund and trust and agency funds;
</section>
<section prefix="2">
 A projection of the remaining months cash forecast for that fiscal year;
</section>
<section prefix="3">
 Explanations of (i) the differences between actual and forecasted cash amounts for each of the months in the quarter, and (ii) any changes in the remaining months forecast as compared to the original forecast for such months of that fiscal year;
</section>
<section prefix="4">
 The effect of such changes, actual and projected, on the total cash balance of the remaining months and for the fiscal year;
</section>
<section prefix="5">
 Explanations of the impact on meeting the budget, how the results may be reflected in a supplemental budget request, or how other policy decisions may be necessary which may require the agencies to reduce expenditures in other areas;
</section>
<section prefix="6">
 An aging of the outstanding receivables and payables, with an explanation of how they are reflected in the forecast of cash receipts and disbursements; and
</section>
<section prefix="7">
 For each department or agency, the actual number of full-time equivalent positions, the actual number of full-time employees, the actual number of part-time employees, and the actual number of temporary employees, together with the source of funding for each such category of positions and employees.
</section>
<section prefix="8">
 A statement of the balance of each account held by the District of Columbia Financial Responsibility and Management Assistance Authority as of the end of the quarter, together with a description of the activities within each such account during the quarter based on information supplied by the Authority.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 456(d), as added Oct. 19, 1994, 108 Stat. 3488, Pub. L. 103-373, § 3(a)(2); Nov. 19, 1997, 111 Stat. 2174, Pub. L. 105-100, § 130; Oct. 21, 1998, 112 Stat. 2681, Pub. L. 105-277, § 165.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-234.

DC CODE § 1-204.56d

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">District Budget and Financial Management.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


In the case of any report submitted by the Mayor under this subpart for a fiscal year (or any quarter of a fiscal year) which is a control year under the District of Columbia Financial Responsibility and Management Assistance Act of 1995, the Mayor shall submit the report to the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47- 391.01(a) in addition to any other individual to whom the Mayor is required to submit the report under this subpart.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198, § 456(e), as added Apr. 17, 1995, 109 Stat. 140, Pub. L. 104-8, § 224(b)(2).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-235.

References in Text

The District of Columbia Financial Responsibility and Management Assistance Act of 1995, referred to in this section, is Pub. Law 104-8, 109 Stat. 97, codified primarily as subchapters 1A and 7 of Chapter 3 of this title.

The District of Columbia Financial Responsibility and Management Assistance Act of 1995, referred to in this section, is Pub. Law 104-8, 109 Stat. 97, codified primarily as subchapters 1A and 7 of Chapter 3 of this title.

Editor's notes

This section has been set forth above to reflect changes made by Codification Counsel.

DC CODE § 1-204.56e

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
(1) Subject to the limitations in § 1-206.03(b), the District may incur indebtedness by issuing general obligation bonds to refund indebtedness of the District at any time outstanding, to finance the outstanding accumulated operating deficit of the general fund of the District of $331,589,000, existing as of September 30, 1990, to finance or refund the outstanding accumulated operating deficit of the general fund of the District of $500,000,000, existing as of September 30, 1997, and to provide for the payment of the cost of acquiring or undertaking its various capital projects. Such bonds shall bear interest, payable on such dates, at such rate or rates and at such maturities as the Mayor, subject to the provisions of § 1-204.62, may from time to time determine to be necessary to make such bonds marketable.
</section>
<section prefix="2">
 The District may not issue any general obligation bonds to finance the operating deficit existing as of September 30, 1990 described in paragraph (1) of this subsection after September 30, 1992.
</section>
<section prefix="b">
 The District may reserve the right to redeem any or all of its obligations before maturity in such manner and at such price as may be fixed by the Mayor prior to the issuance of such obligations.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 804, Pub. L. 93-198, title IV, § 461; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 4; Aug. 17, 1991, 105 Stat. 540, Pub. L. 102-106, § 4; Aug. 5, 1997, 111 Stat. 768, Pub. L. 105-33, § 11405.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-321.

1973 Ed., § 47-241.

Emergency Act Amendments

For temporary (90 day) amendment of section, see § 4(d) of the Redevelopment Land Agency Disposition Review Congressional Review Emergency Act of 2000 (D.C. Act 13-524, January 11, 2001, 48 DCR 624).

For temporary (90 day) authorization for the issuance of general obligation bonds and bond anticipation notes, see § 2 of General Obligation Bond and Bond Anticipation Notes for Fiscal Years 2002-2007 Authorization Emergency Act of 2002 (D.C. Act 14-418, July 17, 2002, 49 DCR 7392).

For temporary (90 day) authorization for the issuance of general obligation bonds and bond anticipation notes, see §§ 2 to 21 of General Obligation Bonds and Bond Anticipation Notes for Fiscal Years 2002-2007 Authorization Congressional Review Emergency Act of 2002 (D.C. Act 14-508, October 23, 2002, 49 DCR 10222).

Delegation of Authority

Delegation of contracting authority, see Mayor's Order 91-92, June 7, 1991.

Delegation of authority under D.C. Law 9-251, the "General Obligation Bond Act of 1992", see Mayor's Order 93-45, April 22, 1993.

Delegation of authority under D.C. Act 11-404, the "General Obligation Bond Act of 1996", see Mayor's Order 96-146, October 7, 1996 (43 DCR 5671).

Delegation of authority under D.C. Law 12-41, the "General Obligation Bond for Fiscal Year 1998 Act of 1997", see Mayor's Order 98-56, April 15, 1998 (45 DCR 2705).

Delegation of authority under D.C. Law 13-22, the "General Obligation Bonds and Bond Anticipation Notes for Fiscal Years 1999-2004 Authorization Act of 1999", see Mayor's Order 99-132, August 12, 1999 (46 DCR 6981).

Delegation of authority pursuant to the "Health Regulations of the District of Columbia Regulations", see Mayor's Order 99-141, September 2, 1999 (46 DCR 8312).

Delegation of authority under D.C. Act 13-212, the "Fiscal Year 2000 Tax Revenue Anticipation Notes Act of 1999", see Mayor's Order 99-213, December 30, 1999 (47 DCR 40).

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

General Obligation Bond 1996 Issuance Authorization Emergency Resolution of 1996: Pursuant to Resolution 11-545, effective October 1, 1996, the Council approved, on an emergency basis, authorization for the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

Effective Date of General Obligation Bond Act of 1998: Section 148 of Pub. L. 105-100, 111 Stat. 2181, the District of Columbia Appropriations Act, 1998, provided that, notwithstanding § 602(c)(1) of the District of Columbia Home Rule Act (D.C. Code, § 1-206.02(c)(1)), General Obligation Bond Act of 1998 (D.C. Law 12-41), if enacted by the Council of the District of Columbia and approved by the District of Columbia Financial Responsibility and Management Assistance Authority, shall take effect on the date of such approval or the date of the enactment of this Act, whichever is later. Both Pub. L. 105-100 and D.C. Law 12-41 were approved on November 19, 1997.

General obligation bonds authorized: D.C. Law 12-41, effective November 19, 1997, authorized the issuance of general obligation bonds of the District of Columbia for the purpose of financing certain capital projects and the refunding of certain capital indebtedness of the District of Columbia.

General Obligation Bond Issuance 1998 Additional Authorization Emergency Resolution of 1998: Pursuant to Resolution 12-441, effective March 31, 1998, the Council authorized the borrowing of funds by the Mayor through the issuance and sale of general obligation bonds.

General Obligation Bonds Authorized.--D.C. Law 13-22, the "General Obligation Bonds and Bond Anticipation Notes for Fiscal Years 1999-2004 Authorization Act of 1999" authorizes the issuance of general obligation bond anticipation notes of the District of Columbia for the purposes of financing certain capital projects and the refunding of certain capital indebtedness of the District during fiscal years 1999-2004.

Definitions applicable: The definitions in § 1-201.03 apply to this subchapter.

General Obligation Bonds Authorized: D.C. Law 14-214, effective March 25, 2003, authorized the issuance of general obligation bonds and general obligation bond anticipation notes of the District of Columbia for the purposes of financing certain capital projects and the refunding of certain capital indebtedness of the District of Columbia during fiscal years 2002-2007.

General Obligation Bonds Authorized: D.C. Law 16-212, effective March 6, 2007, authorized the issuance of general obligation bonds and general obligation bond anticipation notes of the District of Columbia for the purposes of financing certain capital projects and the refunding of certain capital indebtedness of the District of Columbia during fiscal years 2007-2012.

DC CODE § 1-204.61

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Council may by act authorize the issuance of general obligation bonds for the purposes specified in § 1-204.61. Such an Act shall contain, at least, provisions:
</section>
<section prefix="1">
 Briefly describing the projects or categories of projects to be financed by the Act;
</section>
<section prefix="2">
 Identifying the act authorizing each such project or category of projects;
</section>
<section prefix="3">
 Setting forth the maximum amount of the principal of the indebtedness which may be incurred for the projects to be financed;
</section>
<section prefix="4">
 Setting forth the maximum rate of interest to be paid on such indebtedness;
</section>
<section prefix="5">
 Setting forth the maximum allowable maturity for the issue and the maximum debt service payable in any year; and
</section>
<section prefix="6">
 Setting forth, in the event that the Council determines in its discretion to submit the question of issuing such bonds to a vote of the qualified voters of the District, the manner of holding such election, the date of such election, the manner of voting for or against the incurring of such indebtedness, and the form of ballot to be used at such election.
</section>
<section prefix="b">
 Any election held on the question of issuing general obligation bonds must be held before the act authorizing the issuance of such bonds is transmitted to the Speaker of the House of Representatives and the President of the Senate pursuant to § 1-206.02(c).
</section>
<section prefix="c">
 Notwithstanding § 1-206.02(c)(1), the provisions required by paragraph (6) of subsection (a) of this section to be included in any act authorizing the issuance of general obligation bonds shall take effect on the date of the enactment of such act.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 804, Pub. L. 93-198, title IV, § 462; Aug. 29, 1974, 88 Stat. 793, Pub. L. 93-395, § 1(4); Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 5; Aug. 5, 1997, 111 Stat. 769, Pub. L. 105-33, § 11503.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-322.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.62

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 After each act of the Council of the District of Columbia under § 1- 204.62(a) authorizing the issuance of general obligation bonds has taken effect, the Mayor shall publish such act at least once in at least 1 newspaper of general circulation within the District together with a notice that such act has taken effect. Each such notice shall be in substantially the following form:
NOTICE

The following act of the Council of the District of Columbia (published with this notice) authorizing the issuance of general obligation bonds has taken effect. As provided in the District of Columbia Home Rule Act, the time within which a suit, action, or proceeding questioning the validity of such bonds may be commenced expires at the end of the 20-day period beginning on the date of the first publication of this notice.

"  ..............................
Mayor.

</section>
<section prefix="b">
 Neither the failure to publish the notice provided for in subsection (a) of this section nor any error in any publication of such notice shall impair the effectiveness of the act of the Council authorizing the issuance of such bonds or the validity of any bond issued pursuant to such act.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 804, Pub. L. 93-198, title IV, § 463; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 6.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-323.

1973 Ed., § 47-243.

References in Text

The District of Columbia Self-Government and Governmental Reorganization Act, referred to in this section, is 87 Stat. 774, Pub. L. 93-198, approved December 24, 1973.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.63

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 At the end of the 20-day period beginning on the date of the first publication pursuant to the notice in § 1-204.63(a) that an act authorizing the issuance of general obligation bonds has taken effect:
</section>
<section prefix="1">
 Any recital or statement of fact contained in such act or in the preamble or title of such act shall be deemed to be true for the purpose of determining the validity of the bonds authorized by such act, and the District and all others interested shall be estopped from denying any such recital or statement of fact; and
</section>
<section prefix="2">
 Such act, and all proceedings in connection with the authorization of the issuance of such bonds including any election held on the question of issuing such bonds, shall be deemed to have been duly and regularly taken, passed, and done by the District, in compliance with this chapter and all other applicable laws, for the purpose of determining the validity of such act and proceedings; and no court shall have jurisdiction in any suit, action, or proceeding questioning the validity of such act or proceedings except in a suit, action, or proceeding commenced before the end of such 20-day period.
</section>
<section prefix="b">
 At the end of the 20-day period beginning on the date of the first publication pursuant to the notice in § 1-204.63(a) that an act authorizing the issuance of general obligation bonds has taken effect, no court shall have jurisdiction in any suit, action, or proceeding questioning the validity of any general obligation bond issued pursuant to such act if:
</section>
<section prefix="1">
 Such general obligation bond was purchased in good faith and for fair value; and
</section>
<section prefix="2">
 Such general obligation bond contains substantially the following statement which shall bind the District of Columbia:
"It is hereby certified and recited that all conditions, acts, and things required by the District of Columbia Home Rule Act and other applicable laws to exist, to have happened, and to have been performed precedent to and in the issuance of this bond exist, have happened, and have been performed and that the issue of bonds, of which this is one, together with all other indebtedness of the District of Columbia, is within every debt and other limit prescribed by law."

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 805, Pub. L. 93-198, title IV, § 464; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a); Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 7.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-324.

1973 Ed., § 47-244.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.64

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>



District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 After an act of the Council authorizing the issuance of general obligation bonds under § 1-204.61(a) takes effect, the Mayor may issue such general obligation bonds as authorized by such act of the Council. An issue of general obligation bonds may be all or any part of the aggregate principal amount of bonds authorized by such act.
</section>
<section prefix="b">
 The principal amount of the general obligation bonds of each issue shall be payable in annual installments beginning not more than 3 years after the date of such bonds and ending not more than 30 years after such date.
</section>
<section prefix="c">
 The general obligation bonds of each issue shall be executed by the manual or facsimile signature of such officials as may be designated to sign such bonds by the act of the Council authorizing the issuance of the bonds, except that at least 1 such signature shall be manual. Coupons attached to the bonds shall be authenticated by the facsimile signature of the Mayor unless the Council provides otherwise.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 805, Pub. L. 93-198, title IV, § 465; Aug. 29, 1974, 88 Stat. 793, Pub. L. 93-395, § 1(5); Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 8.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-325.

1973 Ed., § 47-245.

DC CODE § 1-204.65

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


General obligation bonds issued under this part may be sold at a private sale on a negotiated basis (in such manner as the Mayor may determine to be in the public interest), or may be sold at public sale upon sealed proposals after publication of a notice of such public sale at least once not less than 10 days prior to the date fixed for sale in a daily newspaper carrying municipal bond notices and devoted primarily to financial news or to the subject of State and municipal bonds published in the city of New York, New York, and in one or more newspapers of general circulation published in the District. Such notice of public sale shall state, among other things, that no proposal shall be considered unless there is deposited with the District as a down payment a certified check, cashier's check, or surety for an amount equal to at least 2% of the par amount of general obligation bonds bid for, and the Mayor shall reserve the right to reject any and all bids.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 806, Pub. L. 93-198, title IV, § 466; Aug. 29, 1974, 88 Stat. 793, Pub. L. 93-395, § 1(6); Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 9; Oct. 12, 1984, 98 Stat. 1974, Pub. L. 98-473, § 131(a); Dec. 19, 1985, 99 Stat. 1185, Pub. L. 99-190, § 101(c); Oct. 30, 1986, 100 Stat. 3341-180, Pub. L. 99-591, § 131; Dec. 22, 1987, 101 Stat. 1329, Pub. L. 100-202, § 1(c); Nov. 21, 1989, 103 Stat. 1280, Pub. L. 101-168, § 129; Nov. 5, 1990, 104 Stat. 2237, Pub. L. 101-518, § 129; Oct. 1, 1991, 105 Stat. 569, Pub. L. 102-111, § 125; Oct. 5, 1992, 106 Stat. 1433, Pub. L. 102-382, § 125; Oct. 29, 1993, 107 Stat. 1347, Pub. L. 103-127, § 124; Sept. 30, 1994, 108 Stat. 2586, Pub. L. 103-334, § 124; Aug. 5, 1997, 111 Stat. 769, Pub. L. 105-33, § 11504.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-326.

1973 Ed., § 47-246.

Miscellaneous Notes

Applicability of amendments: Section 131(k) of Public Law 98-473 provided that amendments made by this section shall not be applicable with respect to any law which was passed by the Council prior to the date of enactment of this act, and such laws are deemed valid, in accordance with the provisions thereof notwithstanding such amendments, and any previous act of the Council which had been disapproved by the Congress pursuant to section 602(c)(1) or section 602(c)(2) is deemed null and void. Public Law 98-473 was approved October 12, 1984.

Effective period of § 131 of Public Law 98-473: Section 131(n) of Public Law 98-473 provided that the provisions of this section shall be effective hereafter without limitation as to fiscal year, notwithstanding any other provision of the joint resolution. Public Law 98-473 was approved October 12, 1984.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.66

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In general. -- An act of the Council authorizing the issuance of general obligation bonds or notes under § 1-204.61(a), § 1-204.71(a), § 1- 204.72(a), or § 1-204.75(a) may create a security interest in any District revenues as additional security for the payment of the bonds or notes authorized by such act.
</section>
<section prefix="b">
 Contents of acts. -- Any such act creating a security interest in District revenues may contain provisions (which may be part of the contract with the holders of such bonds or notes):
</section>
<section prefix="1">
 Describing the particular District revenues which are subject to such security interest;
</section>
<section prefix="2">
 Creating a reasonably required debt service reserve fund or any other special fund;
</section>
<section prefix="3">
 Authorizing the Mayor of the District to execute a trust indenture securing the bonds or notes;
</section>
<section prefix="4">
 Vesting in the trustee under such a trust indenture such properties, rights, powers, and duties in trust as may be necessary, convenient, or desirable;
</section>
<section prefix="5">
 Authorizing the Mayor of the District to enter into and amend agreements concerning:
</section>
<section prefix="A">
 The custody, collection, use, disposition, security, investment, and payment of the proceeds of the bonds or notes and the District revenues which are subject to such security interest; and
</section>
<section prefix="B">
 The doing of any act (or the refraining from doing any act) that the District would have the right to do in the absence of such an agreement;
</section>
<section prefix="6">
 Prescribing the remedies of the holders of the bonds or notes in the event of a default; and
</section>
<section prefix="7">
 Authorizing the Mayor to take any other actions in connection with the issuance, sale, delivery, security, and payment of the bonds or notes.
</section>
<section prefix="c">
 Timing and perfection of security interests. -- Notwithstanding article 9 of title 28 of the District of Columbia Code, any security interest in District revenues created under subsection (a) of this section shall be valid, binding, and perfected from the time such security interest is created, with or without the physical delivery of any funds or any other property and with or without any further action. Such security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to such security interest is recorded or filed. The lien created by such security interest is valid, binding, and perfected with respect to any individual or legal entity having claims against the District, whether or not such individual or legal entity has notice of such lien.
</section>
<section prefix="d">
 Obligations and expenditures not subject to appropriation. -- The fourth sentence of § 1-204.46 shall not apply to any obligation or expenditure of any District revenues to secure any general obligation bond or note under subsection (a) of this section.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 806, Pub. L. 93-198, title IV, § 467, as added Dec. 23, 1981, 95 Stat. 1496, Pub. L. 97-105, § 10; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Aug. 5, 1997, 111 Stat. 770, Pub. L. 105-33, § 11505.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-326.1.

Miscellaneous Notes

Request for Congressional action: Pursuant to § 501(a) of D.C. Law 10-188, the Council for the District of Columbia requested that Congress amend subsection (d), § 467(d) of the District of Columbia Self-Government and Governmental Reorganization Act, to read as follows:

"(d) The fourth sentence of § 47-304 [§ 1-204.46, 2001 Ed.] shall not apply to any obligation or expenditure of any District revenues to secure any general obligation bond under subsection (a) of this section or any revenue bond or other obligation under subsection (a-1) of this section or for repair, maintenance, and capital improvements. Other operating obligations or expenditures shall not be exempt from the fourth sentence of § 47-304 [§ 1- 204.46, 2001 Ed.], except that if the operating obligations or expenditures are incurred prior to October 1, 1995, they shall be approved pursuant to the procedures set forth in § 47-304.1 [§ 1-204.53, 2001 Ed.]."

DC CODE § 1-204.67

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In the absence of unappropriated revenues available to meet appropriations made pursuant to § 1-204.46, the Council may by act authorize the issuance of general obligation notes. The total amount of all such general obligation notes originally issued during a fiscal year shall not exceed 2% of the total appropriations for the District for such fiscal year.
</section>
<section prefix="b">
 Any general obligation note issued under subsection (a) of this section, as authorized by an act of the Council, may be renewed. Any such note, including any renewal of such note, shall be due and payable not later than the last day of the fiscal year occurring immediately after the fiscal year during which the act authorizing the original issuance of such note takes effect.
</section>
<section prefix="c">
 The 4th sentence of § 1-204.46 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any general obligation note issued under subsection (a) of this section.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 806, Pub. L. 93-198, title IV, § 471; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 11.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-327.

1973 Ed., § 47-247.

Delegation of Authority

Delegation of authority under D.C. Law 8-217, the "General Obligation Bond Act of 1990.", see Mayor's Order 91-79, May 14, 1991.

Delegation of authority under D.C. Law 9-46, the "General Fund Recovery Act of 1991.", see Mayor's Order 91-147, October 4, 1991.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

General obligation notes authorized: D.C. Law 12-1, effective May 7, 1997, authorized the issuance of general obligation notes of the District of Columbia for the purpose of financing certain appropriations for which unappropriated revenues are not available.

DC CODE § 1-204.71

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In general. -- In anticipation of the collection or receipt of revenues for a fiscal year, the Council may by act authorize the issuance of general obligation notes for such fiscal year, to be known as revenue anticipation notes.
</section>
<section prefix="b">
 Limit on aggregate notes outstanding. -- The total amount of all revenue anticipation notes issued under subsection (a) of this section outstanding at any time during a fiscal year shall not exceed 20% of the total anticipated revenue of the District for such fiscal year, as certified by the Mayor under this subsection. The Mayor shall certify, as of a date which occurs not more than 15 days before each original issuance of such revenue anticipation notes, the total anticipated revenue of the District for such fiscal year.
</section>
<section prefix="c">
 Permitted outstanding duration. -- Any revenue anticipation note issued under subsection (a) of this section may be renewed. Any such note, including any renewal note, shall be due and payable not later than the last day of the fiscal year during which the note was originally issued.
</section>
<section prefix="d">
 Effective date of authorization acts; payments not subject to appropriation. --
</section>
<section prefix="1">
 Effective date. -- Notwithstanding § 1-206.02(c)(1), any act of the Council authorizing the issuance of revenue anticipation notes under subsection (a) of this section shall take effect:
</section>
<section prefix="A">
 if such act is enacted during a control year (as defined in § 47- 393(4)), on the date of approval by the District of Columbia Financial Responsibility and Management Assistance Authority; or
</section>
<section prefix="B">
 if such act is enacted during any other year, on the date of enactment of such act.
</section>
<section prefix="2">
 Payments not subject to appropriation. -- The fourth sentence of § 1- 204.46 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any revenue anticipation note issued under subsection (a) of this section.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 806, Pub. L. 93-198, title IV, § 472; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 12; Aug. 5, 1997, 111 Stat. 771, Pub. L. 105-33, § 11506.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-328.

1973 Ed., § 47-248.

Temporary Enactments

For temporary (225 day) authorization of the issuance of District of Columbia general obligation tax revenue anticipation notes, see §§ 2 to 17 of Fiscal Year 2004 Tax Revenue Anticipation Notes Temporary Act of 2003 (D.C. Law 15-41, November 26, 2003, law notification 50 DCR 10699).

For temporary (225 day) authorization of the issuance of District of Columbia general obligation tax revenue anticipation notes, see §§ 2 to 17 of Fiscal Year 2005 Tax Revenue Anticipation Notes Temporary Act of 2004 (D.C. Act 15- 639, November 30, 2004, law notification 52 DCR 1228).

Emergency Act Amendments

For temporary authorization, on an emergency basis, the issuance of District of Columbia general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for the fiscal year ending September 30, 1996, see § 2-15 and 17 of the Tax Revenue Anticipation Notes Emergency Act of 1996 (D.C. Act 11-301, July 15, 1996, 43 DCR 4169).

For emergency authorization of the issuance of District of Columbia general obligation tax revenue anticipation notes to finance general governmental expenses for the fiscal year ending September 30, 1999, see §§ 2-15 of the Fiscal Year 1999 Tax Revenue Anticipation Notes Emergency Act of 1998 (D.C. Act 12-433, July 29, 1998, 45 DCR 5734), §§ 2-15 of the Fiscal Year 1999 Tax Revenue Anticipation Notes Second Emergency Act of 1998 (D.C. Act 12-498, October 27, 1998, 45 DCR 8038, and §§ 2-15 of the Fiscal Year 1999 Tax Revenue Anticipation Notes of Congressional Review Emergency Act of 1999 (D.C. Act 13- 7, February 8, 1999, 46 DCR 2301).

D.C. Act 12-75 authorized, on an emergency basis, the issuance of District of Columbia general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for the fiscal year ending September 30, 1997.

D.C. Act 12-153 authorized, on an emergency basis, the issuance of District of Columbia general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for the fiscal year ending September 30, 1998.

D.C. Act 12-243 authorized, on an emergency basis due to Congressional review, the issuance of District of Columbia general obligation tax revenue anticipation notes to finance general governmental expenses for the fiscal year ending September 30, 1998.

Title II of D.C. Law 12-40, effective October 23, 1997, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for the fiscal year ending September 30, 1997.

Section 302 of D.C. Law 12-40 provided that Title II of the act shall take effect following enactment as provided in section 472(d)(1) of the Home Rule Act, and approval by the District of Columbia Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.03(c)), as amended.

D.C. Act 12-196, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 1998.

Sections 2 through 15 of D.C. Act 12-560 authorized the issuance of District of Columbia general obligation tax revenue anticipation notes to finance general governmental expenses for the fiscal year ending September 30, 1999.

For temporary (90 day) authorization of issuance of general obligation revenue anticipation notes, see §§ 2 to 5 of Fiscal Year 2003 Tax Revenue Anticipation Notes Emergency Act of 2002 (D.C. Act 14-447, July 23, 2002, 49 DCR 7853).

For temporary (90 day) authorization of issuance of general obligation tax revenue anticipation notes, see §§ 2 to 15 of Fiscal Year 2004 Tax Revenue Anticipation Notes Congressional Review Emergency Act of 2003 (D.C. Act 15-216, November 7, 2003, 50 DCR 10027).

For temporary (90 day) authorization of issuance of general obligation tax revenue anticipation notes, see § 2 of Fiscal Year 2005 Tax Revenue Anticipation Notes Emergency Act of 2004 (D.C. Act 15-589, October 26, 2004, 51 DCR 10717).

For temporary (90 day) authorization of issuance of general obligation tax revenue anticipation notes, see §§ 2 to 15 of Fiscal Year 2005 Tax Revenue Anticipation Notes Congressional Review Emergency Act of 2005 (D.C. Act 16-10, January 19, 2005, 52 DCR 2696).

Delegation of Authority

Delegation of authority under D.C. Act 8-246, the "Tax Revenue Anticipation Notes Act of 1990", see Mayor's Order 90-118, September 27, 1990.

Delegation of contracting authority, see Mayor's Order 91-92, June 7, 1991.

Delegation of authority under D.C. Law 9-46, the "General Fund Recovery Act of 1991", see Mayor's Order 91-147, October 4, 1991.

Delegation of authority pursuant to D.C. Act 10-227, the Tax Revenue Anticipation Notes Act of 1994, see Mayor's Order 94-104, April 29, 1994 (41 DCR 2535).

Delegation of authority under D.C. Law 10-364, the "Second Tax Revenue Anticipations Notes Act of 1994", see Mayor's Order 94-266, December 29, 1994.

Delegation of authority under D.C. Act 11-301, the "Tax Revenue Anticipation Notes Emergency Act of 1996", see Mayor's Order 96-107, July 25, 1996 (43 DCR 4321).

Delegation of authority under D.C. Act 12-75, the "Tax Revenue Anticipation Notes Emergency Act of 1997" ("the TRANs Act"), see Mayor's Order 97-123, June 27, 1997 (44 DCR 4143).

Delegation of authority under D.C. Act 12-153, the "Fiscal Year 1998 Tax Revenue Anticipation Notes Emergency Act of 1997" ("the TRANs Act"), see Mayor's Order 97-175, September 30, 1997 (44 DCR 5870).

Delegation of authority pursuant to D.C. Act 12-498, the "Fiscal Year 1999 Tax Revenue Anticipation Notes Second Emergency Act of 1998", see Mayor's Order 98- 173, November 5, 1998 (45 DCR 8200).

Miscellaneous Notes

D.C. Act 10-227, effective April 22, 1994, authorized the issuance of District of Columbia general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for the fiscal year ending September 30, 1994.

D.C. Act 11-373, effective August 5, 1996, authorized the issuance of District of Columbia general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for the fiscal year ending September 30, 1996.

D.C. Act 14-386, effective June 21, 2002, authorized the issuance of District of Columbia general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for the fiscal year ending September 30, 2002.

D.C. Act 14-481, effective October 23, 2002, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2003.

D.C. Act 15-382, effective February 27, 2004, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2004.

D.C. Act 15-695, effective December 29, 2004, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2005.

D.C. Act 16-211, effective November 28, 2005, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2006.

D.C. Act 16-538, effective December 4, 2006, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2007.

D.C. Act 17-209, effective November 27, 2007, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2008.

D.C. Act 17-628, effective December 22, 2008, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2009.

D.C. Act 18-557, effective October 7, 2010, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2010.

D.C. Act 18-560, effective October 12, 2010, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2011.

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

D.C. Act 19-449, effective September 20, 2012, authorized the issuance of general obligation tax revenue anticipation notes of the District of Columbia to finance general governmental expenses for fiscal year ending September 30, 2013.

DC CODE § 1-204.72

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


No notes issued pursuant to this part shall be made payable on demand, but any note may be made subject to redemption prior to maturity on such notice and at such time as may be stated in the note.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 806, Pub. L. 93-198, title IV, § 473.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-329.

1973 Ed., § 47-249.

References in Text

"This part," referred to in this section, refers to part E (comprising of §§ 461 to 490) of title IV of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973, 88 Stat. 804-809, Pub. L. 93-198, codified as §§ 1-204.89, 1-204.88, 1-204.87, and 1-204.61 to 1- 204.90.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.73

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


All notes issued pursuant to this part may be sold at not less than par and accrued interest at private sale without previous advertising.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 806, Pub. L. 93-198, title IV, § 474.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-330.

1973 Ed., § 47-250.

DC CODE § 1-204.74

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Authorizing issuance. --
</section>
<section prefix="1">
 In general. -- In anticipation of the issuance of general obligation bonds, the Council may by act authorize the issuance of general obligation notes to be known as bond anticipation notes in accordance with this section.
</section>
<section prefix="2">
 Purposes; permitting issuance of general obligation bonds to cover indebtedness. -- The proceeds of bond anticipation notes issued under this section shall be used for the purposes for which general obligation bonds may be issued under § 1-204.61, and such notes shall constitute indebtedness which may be refunded through the issuance of general obligation bonds under such section.
</section>
<section prefix="b">
 Maximum annual debt service amount. -- The act of the Council authorizing the issuance of bond anticipation notes shall set forth for the bonds anticipated by such notes an estimated maximum annual debt service amount based on an estimated schedule of annual principal payments and an estimated schedule of annual interest payments (based on an estimated maximum average annual interest rate for such bonds over a period of 30 years from the earlier of the date of issuance of the notes or the date of original issuance of prior notes in anticipation of those bonds). Such estimated maximum annual debt service amount as estimated at the time of issuance of the original bond anticipation notes shall be included in the calculation required by § 1-206.03(b) while such notes or renewal notes are outstanding.
</section>
<section prefix="c">
 Permitted outstanding duration. -- Any bond anticipation note, including any renewal note, shall be due and payable not later than the last day of the third fiscal year following the fiscal year during which the note was originally issued.
</section>
<section prefix="d">
 General authority of Council. -- If provided for in [an] Act of the Council authorizing such an issue of bond anticipation notes, bond anticipation notes may be issued in succession, in such amounts, at such times, and bearing interest rates within the permitted maximum authorized by such Act.
</section>
<section prefix="e">
 Effective date of authorization acts; payments not subject to appropriation. --
</section>
<section prefix="1">
 Effective date. -- Notwithstanding § 1-206.02(c)(1), any act of the Council authorizing the renewal of bond anticipation notes under subsection (c) [subsection (d)] or the issuance of general obligation bonds under § 1- 204.61(a) to refund any bond anticipation notes shall take effect --
</section>
<section prefix="A">
 if such act is enacted during a control year (as defined in § 47- 393(4)), on the date of approval by the District of Columbia Financial Responsibility and Management Assistance Authority; or
</section>
<section prefix="B">
 if such act is enacted during any other year, on the date of enactment of such act.
</section>
<section prefix="2">
 Payment not subject to appropriation. -- The fourth sentence of § 1- 204.46 shall not apply to any amount obligated or expended by the District for the payment of the principal of, interest on, or redemption premium for any bond anticipation note issued under this section.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 806, Pub. L. 93-198, title IV, § 475, as added Aug. 5, 1997, 111 Stat. 771, Pub. L. 105-33, § 11507(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-330.1.

Emergency Act Amendments

For temporary (90 day) authorization for the issuance of general obligation bonds and bond anticipation notes, see § 2 of General Obligation Bond and Bond Anticipation Notes for Fiscal Years 2002-2007 Authorization Emergency Act of 2002 (D.C. Act 14-418, July 17, 2002, 49 DCR 7392).

Effective Dates

Section 11721 of Title XI of Pub. L. 105-33, 111 Stat. 786, the National Capital Revitalization and Self-Government Improvement Act of 1997, provided that except as otherwise provided in this title, the provisions of this title shall take effect on the later of October 1, 1997, or the day the District of Columbia Financial Responsibility and Management Assistance Authority certifies that the financial plan and budget for the District government for fiscal year 1998 meet the requirements of section 201(c)(1) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, as amended by this title.

Miscellaneous Notes

General Obligation Bonds Authorized: D.C. Law 14-214, effective March 25, 2003, authorized the issuance of general obligation bonds and general obligation bond anticipation notes of the District of Columbia for the purposes of financing certain capital projects and the refunding of certain capital indebtedness of the District of Columbia during fiscal years 2002-2007.

DC CODE § 1-204.75

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Any act of the Council authorizing the issuance of general obligation bonds under § 1-204.61(a) shall provide for the annual levy of a special tax or charge, if the Council determines that such tax or charge is necessary. Such tax or charge shall be levied, without limitation as to rate or amount, in amounts which together with other District revenues available and applicable will be sufficient to pay the principal of and interest on such general obligation bonds as they become due and payable. Such tax or charge shall be levied and collected at the same time and in the same manner as other District taxes are levied and collected, and when collected shall be set aside in a separate debt service fund and irrevocably dedicated to the payment of such principal and interest.
</section>
<section prefix="b">
 The Comptroller General of the United States shall make annual audits of the amounts set aside and deposited in each debt service fund pursuant to subsection (a) of this section.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 807, Pub. L. 93-198, title IV, § 481; Dec. 23, 1981, 95 Stat. 1498, Pub. L. 97-105, § 13.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-331.

1973 Ed., § 47-251.

Delegation of Authority

Delegation of authority under D.C. Act 8-246, the "Tax Revenue Anticipation Notes Act of 1990.", see Mayor's Order 90-118, September 27, 1990.

Delegation of authority under D.C. Law 9-46, the "General Fund Recovery Act of 1991.", see Mayor's Order 91-147, October 4, 1991.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.81

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The full faith and credit of the District is pledged for the payment of the principal of and interest on any general obligation bond or note issued under § 1-204.61(a), § 1-204.71(a), or § 1-204.72(a), whether or not such pledge is stated in such bond or note or in the act authorizing the issuance of such bond or note.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 807, Pub. L. 93-198, title IV, § 482, as added Dec. 23, 1981, 95 Stat. 1498, Pub. L. 97-105, § 14.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-331.1.

Delegation of Authority

Delegation of authority under D.C. Act 8-246, the "Tax Revenue Anticipation Notes Act of 1990.", see Mayor's Order 90-118, September 27, 1990.

Delegation of authority under D.C. Law 9-46, the "General Fund Recovery Act of 1991.", see Mayor's Order 91-147, October 4, 1991.

DC CODE § 1-204.82

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Council shall provide in each annual budget for the District of Columbia government for a fiscal year adopted by the Council pursuant to § 1-204.46 sufficient funds to pay the principal of and interest on all general obligation bonds or notes issued under § 1-204.61(a), § 1-204.71(a), or § 1-204.72(a) becoming due and payable during such fiscal year.
</section>
<section prefix="b">
 The Mayor shall insure that the principal of and interest on all general obligation bonds and notes issued under § 1-204.61(a), § 1-204.71(a), or § 1-204.72(a) are paid when due, including by paying such principal and interest from funds not otherwise legally committed.
</section>
<section prefix="c">
 Repealed.
</section>
<section prefix="d">
 The 4th sentence of § 1-204.46 shall not apply to:
</section>
<section prefix="1">
 Any amount set aside in a debt service fund under § 1-204.81(a);
</section>
<section prefix="2">
 Any amount obligated or expended for the payment of the principal of, interest on, or redemption premium for any general obligation bond or note issued under § 1-204.61(a), § 1-204.71(a), or § 1-204.72(a);
</section>
<section prefix="3">
 Any amount obligated or expended as provided by the Council in any annual budget for the District of Columbia government pursuant to subsection (a) of this section or as provided by any amendment or supplement to such budget; or
</section>
<section prefix="4">
 Any amount obligated or expended by the Mayor pursuant to subsection (b) or (c) of this section.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 807, Pub. L. 93-198, title IV, § 483, as added Dec. 23, 1981, 95 Stat. 1498, Pub. L. 97-105, § 14; Aug. 5, 1997, 111 Stat. 777, Pub. L. 105-33, § 11601(b)(1)(B).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-331.2.

DC CODE § 1-204.83

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The full faith and credit of the United States is not pledged for the payment of any principal of or interest on any bond, note, or other obligation issued by the District under this part. The United States is not responsible or liable for the payment of any principal of or interest on any bond, note, or other obligation issued by the District under this part.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 807, Pub. L. 93-198, title IV, § 484, as added Dec. 23, 1981, 95 Stat. 1499, Pub. L. 97-105, § 15.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-331.3.

References in Text

"This part," referred to in this section, refers to part E (comprising §§ 461 to 490) of title IV of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973, 88 Stat. 804-809, Pub. L. 93-198, codified as §§ 1-204.89, 1-204.88, 1-204.87, and 1-204.61 to 1- 204.90.

Delegation of Authority

Delegation of authority under D.C. Act 8-246, the "Tax Revenue Anticipation Notes Act of 1990.", see Mayor's Order 90-118, September 27, 1990.

Delegation of authority under D.C. Law 9-46, the "General Fund Recovery Act of 1991.", see Mayor's Order 91-147, October 4, 1991.

DC CODE § 1-204.84

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Bonds and notes issued by the Council pursuant to this subchapter and the interest thereon shall be exempt from all federal and District taxation except estate, inheritance, and gift taxes.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 807, Pub. L. 93-198, title IV, § 485.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-332.

1973 Ed., § 47-252.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

DC CODE § 1-204.85

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Notwithstanding any restriction on the investment of funds by fiduciaries contained in any other law, all domestic insurance companies, domestic insurance associations, executors, administrators, guardians, trustees, and other fiduciaries within the District may legally invest any sinking funds, moneys, trust funds, or other funds belonging to them or under or within their control in any bonds issued pursuant to this subchapter, it being the purpose of this section to authorize the investment in such bonds or notes of all sinking, insurance, retirement, compensation, pension, and trust funds. National banking associations are authorized to deal in, underwrite, purchase and sell, for their own accounts or for the accounts of customers, bonds and notes issued by the Council to the same extent as national banking associations are authorized by paragraph 7 of § 5136 of the Revised Statutes (§ 24 of Title 12, United States Code), to deal in, underwrite, purchase and sell obligations of the United States, states, or political subdivisions thereof. All federal building and loan associations and federal savings and loan associations; and banks, trust companies, building and loan associations, and savings and loan associations, domiciled in the District, may purchase, sell, underwrite, and deal in, for their own account or for the account of others, all bonds or notes issued pursuant to this subchapter. Nothing contained in this section shall be construed as relieving any person, firm, association, or corporation from any duty of exercising due and reasonable care in selecting securities for purchase or investment.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 807, Pub. L. 93-198, title IV, § 486.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-333.

1973 Ed., § 47-253.

DC CODE § 1-204.86

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Mayor shall annually estimate the amount of the District's principal and interest expense which is required to service District obligations attributable to the Maryland and Virginia pro rata share of District sanitary sewage water works and other water pollution projects which provide service to the local jurisdictions in those states. Such amounts as determined by the Mayor pursuant to the agreements described in subsection (b) of this section shall be used to exclude the Maryland and Virginia share of pollution projects cost from the limitation on the District's capital project obligations as provided in § 1-206.03(b).
</section>
<section prefix="b">
 The Mayor shall enter into agreements with the states and local jurisdictions concerned for annual payments to the District of rates and charges for waste treatment services in accordance with the use and benefits made and derived from the operation of the said waste treatment facilities. Each such agreement shall require that the estimated amount of such rates and charges will be paid in advance, subject to adjustment after each year. Such rates and charges shall be sufficient to cover the cost of construction, interest on capital, operation and maintenance, and the necessary replacement of equipment during the useful life of the facility.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 808, Pub. L. 93-198, title IV, § 487.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 43-1615.

1973 Ed., § 43-1619.

Emergency Act Amendments

For temporary (90 day) additions, see § 2 of Blue Plains Intermunicipal Agreement of 2012 Congressional Approval Emergency Request Act of 2012 (D.C. Act 19-422, July 25, 2012, 59 DCR 9365).

Miscellaneous Notes

Restriction on use of funds: Section 136 of Pub. L. 102-382, 106 Stat. 1435, the District of Columbia Appropriations Act, 1993, provided that none of the funds made available in this Act may be used by the District of Columbia to impose, implement, collect, administer, transfer, or enforce a payment in lieu of taxes on the Water and Sewer Utility Administration that would increase payments required of suburban jurisdictions in Maryland or Virginia under the Blue Plains Intermunicipal Agreement of 1985.

Definitions applicable: The definitions in § 1-201.03 apply to this section.

DC CODE § 1-204.87

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Mayor is authorized to contract with the United States, any state in the Potomac River basin, any agency or political subdivision thereof, and any other competent state or local authority, with respect to the payment by the District to the United States, either directly or indirectly, of the District's equitable share of any part or parts of the non-federal portion of the costs of any reservoirs authorized by the Congress for construction on the Potomac River or any of its tributaries. Every such contract may contain such provisions as the Mayor may deem necessary or appropriate.
</section>
<section prefix="b">
 Unless hereafter otherwise provided by legislation enacted by the Council, all payments made by the District and all moneys received by the District pursuant to any contract made under the authority of this chapter shall be paid from, or be deposited in, a fund designated by the Mayor. Charges for water delivered from the District water system for use outside the District may be adjusted to reflect the portions of any payments made by the District under contracts authorized by this chapter which are equitably attributable to such use outside the District.
</section>
<section prefix="c">
 There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 808, Pub. L. 93-198, title IV, § 488.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 43-1553.

1973 Ed., §§ 43-1542, 43-1542a.

Change in Government

This section originated at a time when local government powers were delegated to the District of Columbia Council and to a Commissioner of the District of Columbia. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 (D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act (D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.

Miscellaneous Notes

Definitions applicable: The definitions in § 1-201.03 apply to this section.

DC CODE § 1-204.88

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Notwithstanding any provision of law to the contrary, beginning with fiscal year 1976 the District share of the cost of the adopted regional system described in subchapter VI of Chapter 11 of Title 9 may be payable from the proceeds of the sale of District general obligation bonds issued pursuant to this subchapter.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 808, Pub. L. 93-198, title IV, § 489.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-2455.

1973 Ed., § 1-1443a.

DC CODE § 1-204.89

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Borrowing.</unit>
</structure>
<text>
<section>

This document has been updated. Use KEYCITE.


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
(1) Subject to paragraph (2) of this subsection, the Council may by act or by resolution authorize the issuance of taxable and tax-exempt revenue bonds, notes, or other obligations to borrow money to finance, refinance, or reimburse and to assist in the financing, refinancing, or reimbursing of or for capital projects and other undertakings by the District or by any District instrumentality, or on behalf of any qualified applicant, including capital projects or undertakings in the areas of housing; health facilities; transit and utility facilities; manufacturing; sports, convention, and entertainment facilities; recreation, tourism and hospitality facilities; facilities to house and equip operations of the District government or its instrumentalities; public infrastructure development and redevelopment; elementary, secondary and college and university facilities; educational programs which provide loans for the payment of educational expenses for or on behalf of students; facilities used to house and equip operations related to the study, development, application, or production of innovative commercial or industrial technologies and social services; water and sewer facilities (as defined in paragraph (5) of this subsection); pollution control facilities; solid and hazardous waste disposal facilities; parking facilities, industrial and commercial development; authorized capital expenditures of the District; and any other property or project that will, as determined by the Council, contribute to the health, education, safety, or welfare, of, or the creation or preservation of jobs for, residents of the District, or to economic development of the District, and any facilities or property, real or personal, used in connection with or supplementing any of the foregoing; lease-purchase financing of any of the foregoing facilities or property; and any costs related to the issuance, carrying, security, liquidity or credit enhancement of or for revenue bonds, notes, or other obligations, including, capitalized interest and reserves, and the costs of bond insurance, letters of credit, and guaranteed investment, forward purchase, remarketing, auction, and swap agreements. Any such financing, refinancing, or reimbursement may be effected by loans made directly or indirectly to any individual or legal entity, by the purchase of any mortgage, note, or other security, or by the purchase, lease, or sale of any property.
</section>
<section prefix="2">
 Any revenue bond, note, or other obligation issued under paragraph (1) of this subsection shall be a special obligation of the District and shall be a negotiable instrument, whether or not such revenue bond, note, or other obligation is a security as defined in § 28:8-102(1)(a).
</section>
<section prefix="3">
 Any revenue bond, note, or other obligation issued under paragraph (1) of this subsection shall be paid and secured (as to principal, interest, and any premium) as provided by the act or resolution of the Council authorizing the issuance of such revenue bond, note, or other obligation. Any act or resolution of the Council, or any delegation of Council authority under subsection (a)(6) of this section, authorizing the issuance of revenue bonds, notes, or other obligations may provide for (A) the payment of such revenue bonds, notes, or other obligations from any available revenues, assets, property (including water and sewer enterprise fund revenues, assets, or other property in the case of bonds, notes, or obligations issued with respect to water and sewer facilities), and (B) the securing of such revenue bond, note, or other obligation by the mortgage of real property or the creation of a security interest in available revenues, assets, or other property (including water and sewer enterprise fund revenues, assets, or other property in the case of bonds, notes, or obligations issued with respect to water and sewer facilities).
</section>
<section prefix="4">
(A) In authorizing the issuance of any revenue bond, note, or other obligation under paragraph (1) of this subsection, the Council may enter into, or authorize the Mayor to enter into, any agreement concerning the acquisition, use, or disposition of any available revenues, assets, or property. Any such agreement may create a security interest in any available revenues, assets, or property, may provide for the custody, collection, security, investment, and payment of any available revenues (including any funds held in trust) for the payment of such revenue bond, note, or other obligation, may mortgage any property, may provide for the acquisition, construction, maintenance, and disposition of the undertaking financed or refinanced using the proceeds of such revenue bond, note, or other obligation, and may provide for the doing of any act (or the refraining from doing of any act) which the District has the right to do in the absence of such agreement. Any such agreement may be assigned for the benefit of, or made a part of any contract with, any holder of such revenue bond, note, or other obligation issued under paragraph (1) of this subsection.
</section>
<section prefix="B">
 Notwithstanding Article 9 of Title 28, any security interest created under subparagraph (A) of this paragraph shall be valid, binding, and perfected from the time such security interest is created, with or without the physical delivery of any funds or any other property and with or without any further action. Such security interest shall be valid, binding, and perfected whether or not any statement, document, or instrument relating to such security interest is recorded or filed. The lien created by such security interest is valid, binding, and perfected with respect to any individual or legal entity having claims against the District, whether or not such individual or legal entity has notice of such lien.
</section>
<section prefix="C">
 Any funds of the District held for the payment or security of any revenue bond, note, or other obligation issued under paragraph (1) of this subsection, whether or not such funds are held in trust, may be secured in the manner agreed to by the District and any depository of such funds. Any depository of such funds may give security for the deposit of such funds.
</section>
<section prefix="5">
 In paragraph (1) of this subsection, the term "water and sewer facilities" means facilities for the obtaining, treatment, storage, and distribution of water, the collection, storage, treatment, and transportation of wastewater, storm drainage, and the disposal of liquids and solids resulting from treatment.
</section>
<section prefix="6">
(A) The Council may by act delegate to any District instrumentality the authority of the Council under subsection (a)(1) of this section to issue taxable or tax-exempt revenue bonds, notes, or other obligations to borrow money for the purposes specified in this subsection. For purposes of this paragraph, the Council shall specify for what undertakings revenue bonds, notes, or other obligations may be issued under each delegation made pursuant to this paragraph. Any District instrumentality may exercise the authority and the powers incident thereto delegated to it by the Council as described in the first sentence of this paragraph only in accordance with this paragraph and shall be consistent with this paragraph and the terms of the delegation.
</section>
<section prefix="B">
 Revenue bonds, notes, or other obligations issued by a District instrumentality under a delegation of authority described in subparagraph (A) of this paragraph shall be issued by resolution of that instrumentality, and any such resolution shall not be considered to be an act of the Council.
</section>
<section prefix="C">
 Nothing in this paragraph shall be construed as restricting, impairing, or superseding the authority otherwise vested by law in any District instrumentality.
</section>
<section prefix="b">
 No property owned by the United States may be mortgaged or made subject to any security interest to secure any revenue bond, note, or other obligation issued under subsection (a)(1) of this section.
</section>
<section prefix="c">
 Any and all such revenue bonds, notes, or other obligations issued under subsection (a)(1) of this section shall not be general obligations of the District, shall not be a pledge of or involve the faith and credit or taxing power of the District (other than with respect to any dedicated taxes) and shall not constitute a debt of the District, and shall not constitute lending of the public credit for private undertakings for purposes of § 1- 206.02(a)(2).
</section>
<section prefix="d">
 Any and all such bonds, notes, or other obligations shall be issued pursuant to an act of the Council without the necessity of submitting the question of such issuance to the registered qualified electors of the District for approval or disapproval.
</section>
<section prefix="e">
 Any act of the Council authorizing the issuance of revenue bonds, notes, or other obligations under paragraph (1) of subsection (a) of this section may:
</section>
<section prefix="1">
 Briefly describe the purpose for which such bonds, notes, or other obligations are to be issued;
</section>
<section prefix="2">
 Identify the act authorizing such purpose;
</section>
<section prefix="3">
 Prescribe the form, terms, provisions, manner, and method of issuing and selling (including sale by negotiation or by competitive bid) such bonds, notes, or other obligations;
</section>
<section prefix="4">
 Provide for the rights and remedies of the holders of such bonds, notes, or other obligations upon default;
</section>
<section prefix="5">
 Prescribe any other details with respect to the issuance, sale, or securing of such bonds, notes, or other obligations; and
</section>
<section prefix="6">
 Authorize the Mayor to take any actions in connection with the issuance, sale, delivery, security, and payment of such bonds, notes, or other obligations, including the prescribing of any terms or conditions not contained in such act of the Council.
</section>
<section prefix="f">
 The fourth sentence of § 1-204.46 shall not apply to:
</section>
<section prefix="1">
 Any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligations issued under subsection (a)(1) of this section;
</section>
<section prefix="2">
 Any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under subsection (a)(1) of this section;
</section>
<section prefix="3">
 Any amount obligated or expended pursuant to provisions made to secure any revenue bond, note, or other obligations issued under subsection (a)(1) of this section; and
</section>
<section prefix="4">
 Any amount obligated or expended pursuant to commitments made in connection with the issuance of revenue bonds, notes, or other obligations for repair, maintenance, and capital improvements relating to undertakings financed through any revenue bond, note, or other obligation issued under subsection (a)(1) of this section.
</section>
<section prefix="g">
(1) The Council may delegate to any housing finance agency established by it (whether established before or after April 12, 1980) the authority of the Council under subsection (a) of this section to issue revenue bonds, notes, and other obligations to borrow money to finance or assist in the financing of undertakings in the area of primarily low-and moderate-income housing. The Council shall define for the purposes of the preceding sentence what undertakings shall constitute undertakings in the area of primarily low-and moderate-income housing. Any such housing finance agency may exercise authority delegated to it by the Council as described in the first sentence of this paragraph (whether such delegation is made before or after April 12, 1980) only in accordance with this subsection.
</section>
<section prefix="2">
 Revenue bonds, notes, and other obligations issued by a housing finance agency of the District under a delegation of authority described in paragraph (1) of this subsection shall be issued by resolution of the agency, and any such resolution shall not be considered to be an act of the Council.
</section>
<section prefix="3">
 The 4th sentence of § 1-204.46 shall not apply to:
</section>
<section prefix="A">
 Any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued under paragraph (1) of this subsection;
</section>
<section prefix="B">
 Any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under paragraph (1) of this subsection; and
</section>
<section prefix="C">
 Any amount obligated or expended to secure any revenue bond, note, or other obligation issued under paragraph (1) of this subsection.
</section>
<section prefix="h">
(1) The Council may delegate to the District of Columbia Water and Sewer Authority established pursuant to § 34-2202.02 the authority of the Council under subsection (a) of this section to issue revenue bonds, notes, and other obligations to borrow money to finance or assist in the financing or refinancing of undertakings in the area of utilities facilities, pollution control facilities, and water and sewer facilities (as defined in subsection (a)(5) of this section). The Authority may exercise authority delegated to it by the Council as described in the first sentence of this paragraph (whether such delegation is made before or after August 6, 1996) only in accordance with this subsection.
</section>
<section prefix="2">
 Revenue bonds, notes, and other obligations issued by the District of Columbia Water and Sewer Authority under a delegation of authority described in paragraph (1) of this subsection shall be issued by resolution of the Authority, and any such resolution shall not be considered to be an act of the Council.
</section>
<section prefix="3">
 The fourth sentence of § 1-204.46 shall not apply to:
</section>
<section prefix="A">
 Any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued pursuant to this subsection;
</section>
<section prefix="B">
 Any amount obligated or expended for the payment of the principal of interest on, or any premium for any revenue bond, note, or other obligation issued pursuant to this subsection;
</section>
<section prefix="C">
 Any amount obligate or expended to secure any revenue bond, not, or other obligation issued pursuant to this subsection; or
</section>
<section prefix="D">
 Any amount obligated or expended for repair, maintenance, and capita improvements to facilities financed pursuant to this subsection.
</section>
<section prefix="i">
(1) The Council may delegate to the District of Columbia Tobacco Settlement Financing Corporation (hereafter in this subsection referred to as the "Corporation") established pursuant to subchapter III of Chapter 18 of Title 7 the authority of the Council under subsection (a) to issue revenue bonds, notes, and other obligations which are used to borrow money to finance or assist in the financing or refinancing of capital projects and other undertakings of the District of Columbia and which are payable solely from and secured by payments under the Master Tobacco Settlement Agreement. The Corporation may exercise authority delegated to it by the Council as described in the first sentence of this paragraph (whether such delegation is made before or after the date of the enactment of this subsection) only in accordance with this subsection and the provisions of subchapter III of Chapter 18 of Title 7.
</section>
<section prefix="2">
 Revenue bonds, notes, and other obligations issued by the Corporation under a delegation of authority described in paragraph (1) of this subsection shall be issued by resolution of the Corporation, and any such resolution shall not be considered to be an act of the Council.
</section>
<section prefix="3">
 The fourth sentence of § 1-204.46 shall not apply to:
</section>
<section prefix="A">
 Any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued pursuant to this subsection;
</section>
<section prefix="B">
 any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued pursuant to this subsection;
</section>
<section prefix="C">
 any amount obligated or expended to secure any revenue bond, note, or other obligation issued pursuant to this subsection; or
</section>
<section prefix="D">
 any amount obligated or expended for repair, maintenance, and capital improvements to facilities financed pursuant to this subsection.
</section>
<section prefix="4">
 In this subsection, the term 'Master Tobacco Settlement Agreement' means the settlement agreement (and related documents), as may be amended from time to time, entered into on November 23, 1998, by the District of Columbia and leading United States tobacco product manufacturers.
</section>
<section prefix="j">
 The revenue bonds, notes, or other obligations issued under subsection (a)(1) of this section are not general obligation bonds of the District government and shall not be included in determining the aggregate amount of all outstanding obligations subject to the limitation specified in § 1- 206.03(b).
</section>
<section prefix="k">
 The issuance of revenue bonds, notes, or other obligations by the District where the ultimate obligation to repay such revenue bonds, notes, or other obligations is that of one or more nongovernmental persons or entities may be authorized by resolution of the Council. The issuance of all other revenue bonds, notes, or other obligations by the District shall be authorized by act of the Council.
</section>
<section prefix="l">
 During any control period (as defined in § 47-392.09), any act or resolution of the Council authorizing the issuance of revenue bonds, notes, or other obligations under subsection (a)(1) of this section shall be submitted to the District of Columbia Financial Responsibility and Management Assistance Authority for certification in accordance with § 47-392.04. Any certification issued by the Authority during a control period shall be effective for purposes of this subsection for revenue bonds, notes, or other obligations issued pursuant to such act or resolution of the Council whether the revenue bonds, notes, or other obligations are issued during or subsequent to that control period.
</section>
<section prefix="m">
 The following provisions of law shall not apply with respect to property acquired, held, and disposed of by the District in accordance with the terms of any lease-purchase financing authorized pursuant to subsection (a)(1) of this section:
</section>
<section prefix="1">
 Chapter 8 of Title 10.
</section>
<section prefix="2">
 Subchapter III of Chapter 13 of Title 16.
</section>
<section prefix="3">
 Any other provision of District of Columbia law that prohibits or restricts lease-purchase financing.
</section>
<section prefix="n">
 For purposes of this section, the following definitions shall apply:
</section>
<section prefix="1">
 The term "revenue bonds, notes, or other obligations" means special fund bonds, notes, or other obligations (including refunding bonds, notes, or other obligations) used to borrow money to finance, assist in financing, refinance, or repay, restore or reimburse moneys used for purposes referred to in subsection (a)(1) of this section the principal of and interest, if any, on which are to be paid and secured in the manner described in this section and which are special obligations and to which the full faith and credit of the District of Columbia is not pledged.
</section>
<section prefix="2">
 The term "District instrumentality" means any agency or instrumentality (including an independent agency or instrumentality), authority, commission, board, department, division, office, body, or officer of the District of Columbia government duly established by an act of the Council or by the laws of the United States, whether established before or after August 5, 1997.
</section>
<section prefix="3">
 The term "available revenues" means gross revenues and receipts, other than general fund tax receipts, lawfully available for the purpose and not otherwise exclusively committed to another purpose, including enterprise funds, grants, subsidies, contributions, fees, dedicated taxes and fees, investment income and proceeds of revenue bonds, notes, or other obligations issued under this section.
</section>
<section prefix="4">
 The term "enterprise fund" means a fund or account for operations that are financed or operated in a manner similar to private business enterprises, or established so that separate determinations may more readily be made periodically of revenues earned, expenses incurred, or net income for management control, accountability, capital maintenance, public policy, or other purposes.
</section>
<section prefix="5">
 The term "dedicated taxes and fees" means taxes and surtaxes, portions thereof, tax increments, or payments in lieu of taxes, and fees that are dedicated pursuant to law to the payment of the debt service on revenue bonds, notes, or other obligations authorized under this section, the provision and maintenance of reserves for that purpose, or the provision of working capital for or the maintenance, repair, reconstruction or improvement of the undertaking to which the revenue bonds, notes, or other obligations relate.
</section>
<section prefix="6">
 The term "tax increments" means taxes, other than the special tax provided for in § 1-204.81 and pledged to the payment of general obligation indebtedness of the District, allocable to the increase in taxable value of real property or the increase in sales tax receipts, each from a certain date or dates, in prescribed areas, to the extent that such increases are not otherwise exclusively committed to another purpose and as further provided for pursuant to an act of the Council.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 809, Pub. L. 93-198, title IV, § 490; Dec. 28, 1977, 91 Stat. 1612, Pub. L. 95-218; Apr. 12, 1980, 94 Stat. 335, Pub. L. 96-235; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 16; Oct. 15, 1982, 96 Stat. 1614, Pub. L. 97-328; Aug. 6, 1996, 110 Stat. 1696, Pub. L. 104- 184, §§ 2(a), (b), (c)(1); Aug. 5, 1997, 111 Stat. 773, Pub. L. 105-33, § 11508; Nov. 22, 2000, 114 Stat. 2440, Pub. L. 106-522, § 160(a)(1).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-334.

1973 Ed., § 47-254.

Effect of Amendments

Public Law 106-522 redesignated subsections (i) through (m) as subsections (j) through (n), respectively; and added a new subsec. (i)

Temporary Enactments

For temporary (225 day) additions, see §§ 2 to 16 of Retail Incentive Temporary Act of 2003 (D.C. Law 15-58, December 9, 2003, law notification 51 DCR 1793).

Emergency Act Amendments

For temporary (90 day) addition of tax increment financing for retail development provisions, see § 2 of Retail Incentive Emergency Act of 2003 (D.C. Act 15-140, July 29, 2003, 50 DCR 6868).

For temporary (90 day) addition of tax increment financing for retail development, see §§ 2 to 17 of Retail Incentive Congressional Review Emergency Act of 2003 (D.C. Act 15-214, November 7, 2003, 50 DCR 10011).

For temporary (90 day) addition of tax increment financing for retail development, see §§ 2 to 17 of Retail Incentive Second Congressional Review Emergency Act of 2004 (D.C. Act 15-482, July 19, 2004, 51 DCR 7820).

Delegation of Authority

Delegation of authority under Ottenberg's Bakers Inc., Projects Revenue Bond Act of 1984, see Mayor's Order 84-188, October 23, 1984.

Delegation of functions under section 490(e)(6) of the District of Columbia Self-Government and Governmental Reorganization Act of 1973 as amended: See Mayor's Order 85-39, April 1, 1985.

Delegation of contracting authority, see Mayor's Order 91-92, June 7, 1992.

Delegation of functions under § 490(e)(6) of the D.C. Self-Government and Government Reorganization Act of 1973, as amended, D.C. Code § 1- 204.90(e)(6): See Mayor's Orders 91-154, October 1, 1991; 92-73, June 16, 1992; 93-170, October 22, 1993.

Delegation of functions under Acts Authorizing the Issuance of Revenue Bonds, Notes and Other Obligations: See Mayor's Order 93-104, July 15, 1993.

Delegation of Authority under the District of Columbia Home Rule Act, see Mayor's Order 98-95, June 16, 1998 (45 DCR 4571).

Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, see Mayor's Order 2000-1, January 7, 2000 (47 DCR 1011).

Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, and the George Washington University Revenue Bond Project Approval Resolution of 1999, see Mayor's Order 2000-24, February 9, 2000 (47 DCR 1036).

Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, and the American Red Cross Revenue Bond Project Approval Resolution of 1999, see Mayor's Order 2000-25, February 9, 2000 (47 DCR 1037).

Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, to the CFO with Respect to Bonds, Notes or Other Obligations of the Public Welfare Foundation, et al., see Mayor's Order 2000-48, March 29, 2000 (47 DCR 4723).

Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, see Mayor's Order 2000-69, April 28, 2000 (47 DCR 4751).

Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, Concerning Certain Industrial Revenue Bond Transactions, see Mayor's Order 2000-90, June 7, 2000 (47 DCR 5268).

Delegation of authority under sections 490(a)(4) and (e)(6) of the District of Columbia Home Rule Act, as amended, Concerning Certain Industrial Revenue Bond Transactions, see Mayor's Order 2000-103, June 27, 2000 (47 DCR 5785).

Resolutions

Resolution 13-97, the "Young Men's Christian Association of Metropolitan Washington Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective March 16, 1999.

Resolution 13-99, the "Whitman-Walker Clinic Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective March 16, 1999.

Resolution 13-101, the "Georgetown University Revenue Refunding Bond Project Emergency Approval Resolution of 1999", was approved effective March 16, 1999.

Resolution 13-127, the "Americans United for Separation of Church and State Revenue Bond Project Emergency Resolution of 1999", was approved effective May 4, 1999.

Resolution 13-153, the "Army Distaff Foundation, Inc. Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective June 8, 1999.

Resolution 13-155, the "Gems, Incorporated Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective June 8, 1999.

Resolution 13-207, the "Catholic University of America Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective July 6, 1999.

Resolution 13-209, the "President and Directors of Gonzaga College Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective July 6, 1999.

Resolution 13-211, the "Washington Home, Inc. Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective July 6, 1999.

Resolution 13-213, the "Planned Parenthood Federation of America, Inc. Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective July 6, 1999.

Resolution 13-215, the "819 7th Street, LLC Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective July 6, 1999.

Resolution 13-217, the "Arnold & Porter Enterprise Zone Revenue Bonds Project Emergency Approval Resolution of 1999", was approved effective July 6, 1999.

Resolution 13-323, the "American Immigration Lawyers Association Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective October 5, 1999.

Resolution 13-341, the "American National Red Cross Revenue Bond Project Approval Resolution of 1999", was approved effective November 2, 1999.

Resolution 13-342, the "George Washington University Revenue Bond Project Approval Resolution of 1999", was approved effective November 2, 1999.

Resolution 13-358, the "800 8th Street, N.W., L.L.C. Revenue Bond Project Emergency Approval Resolution of 1999", was approved effective November 2, 1999.

Resolution 13-405, the "District of Columbia Tax Increment Revenue Bond Gallery Place Project Emergency Approval Resolution of 1999", was approved effective December 7, 1999.

Resolution 13-500, the "Community Academy Public Charter School Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective March 7, 2000.

Resolution 13-502, the "Public Welfare Foundation, Inc. Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective March 7, 2000.

Resolution 13-504, the "Smithsonian Institution Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective March 7, 2000.

Resolution 13-510, the "District of Columbia Tax Increment Revenue Bond Mandarin Hotel Project Emergency Approval Resolution of 2000", was approved effective March 7, 2000.

Resolution 13-526, the "American Chemical Society Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective April 18, 2000.

Resolution 13-540, the "Kingsbury Center, Inc. Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective May 19, 2000.

Resolution 13-557, the "World Wildlife, Inc. Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective June 6, 2000.

Resolution 13-559, the "National Geographic Society Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective June 6, 2000.

Resolution 13-561, the "Hotel 1225 LLC Enterprise Zone Facility Bonds Project Emergency Approval Resolution of 2000", was approved effective June 6, 2000.

Resolution 13-563, the "Fort Lincoln New Town/Premium Distributors, L.L.C. Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective June 6, 2000.

Resolution 13-634, the "Fourteenth and Irving Ventures Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective July 11, 2000.

Resolution 13-636, the "National Child Day Care Association Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective July 11, 2000.

Resolution 13-638, the "St. Patrick's Episcopal Day School Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective July 11, 2000.

Resolution 13-675, the "HF Enterprises Enterprise Zone Facility Bonds Project Emergency Approval Resolution of 2000", was approved effective October 3, 2000.

Resolution 13-713, the "Gallery Place Project Modification Emergency Approval Resolution of 2000", was approved effective November 8, 2000.

Resolution 13-733, the "MedStar Health Revenue Bond Project Emergency Approval Resolution of 2000", was approved effective December 5, 2000.

Resolution 13-745, the "Mandarin Hotel Project Modification Approval Resolution of 2000", was approved effective December 19, 2000.

Resolution 13-786, the "Gallery Place Project Bond Maturity Modification Emergency Approval Resolution of 2000", was approved effective December 19, 2000.

Resolution 13-788, the "Tax Increment Revenue Notes International Spy Museum Emergency Approval Resolution of 2000", was approved effective December 22, 2000.

Resolution 14-46, the "National Museum of Washington in the Arts Revenue Bond Project Approval Resolution of 2001", was approved effective March 6, 2001.

Resolution 14-47, the "Seed Public Charter School of Washington, D.C., Revenue Bond Project Approval Resolution of 2001", was approved effective March 6, 2001.

Resolution 14-48, the "Georgetown University Revenue Bond Project Approval Resolution of 2001", was approved effective March 6, 2001.

Resolution 14-97, the "Trinity College Revenue Bond Project Approval Resolution of 2001", was approved effective May 1, 2001.

Resolution 14-98, "The Henry J. Kaiser Family Foundation Revenue Bond Project Approval Resolution of 2001", was approved effective May 1, 2001.

Resolution 14-110, the "United Planning Organization Revenue Bond Project Emergency Approval Resolution of 2001", was approved effective May 15, 2001.

Resolution 14-124, the "National Public Radio, Inc. Revenue Bond Project Emergency Approval Resolution of 2001", was approved effective June 5, 2001.

Resolution 14-140, "The Field School, Inc. Revenue Bond Project Approval Resolution of 2001", was approved effective June 26, 2001.

Resolution 14-141, the "Historical Society of Washington, D.C. Revenue Bond Project Approval Resolution of 2001", was approved effective June 26, 2001.

Resolution 14-227, "Kmart Corporation Revenue Bond Project Approval Resolution of 2001", was approved effective October 16, 2001.

Resolution 14-242, the "Crowell & Moring LLP Enterprise Zone Revenue Bonds Project Approval Resolution of 2001", was approved effective November 6, 2001.

Resolution 14-243, the "DC Arena L.P. Revenue Bond Project Approval Resolution of 2001", was approved November 6, 2001.

Resolution 14-278, the "Penn Quarter Garage, L.L.C. Revenue Bond Project Approval Resolution of 2001", was approved effective December 4, 2001.

Resolution 14-327, "Washington Very Special Arts, Inc., and WVSA School For Arts In Learning, Inc., Revenue Bond Project Emergency Approval Resolution of 2002", was approved effective January 8, 2002.

Resolution 14-398, the "Children's Hospital Revenue Bond Project Approval Resolution of 2002", was approved effective April 9, 2002.

Resolution 14-399, the "Thurgood Marshall Center Trust, Inc. of Washington, D.C. Revenue Bond Project Approval Resolution of 2002", was approved effective April 9, 2002.

Resolution 14-400, the "Capital City Public Charter School, Inc. Revenue Bond Project Approval Resolution of 2002", was approved effective April 9, 2002.

Miscellaneous Notes

Enactment upon adoption of federal legislation: Section 4 of D.C. Law 11-254 provided that "§§ 47-101, 47-117, 47-130, 47-301, 47-302, 47-303, 47-304, 47- 304.1, 47-305, 47-310, 47-312, 47-317.1 through 47-317.6, 47-321 through 47- 325, 47-327 through 47-331, and 47-332 through 47-334 of Title 47 [§§ 1- 204.41, 1-204.55, 1-204.50, 1-204.42, 1-204.43, 1-204.44, 1- 204.46, 1-204.53, 1-204.47, 1-204.48, 1-204.49, 1-204.24a through 1-204.24e, 47-317.06, 1-204.61 through 1-204.65, 1- 204.71 through 1-204.75, 1-204.81, 1-204.85, 1-204.86 and 1- 204.90, 2001 Ed.] of the District of Columbia Code shall be enacted as part of Title 47 upon the adoption by Congress of legislation so enacting these sections."

Request for Congressional action: Pursuant to § 501(b) of D.C. Law 10-188, the Council of the District of Columbia requested that Congress amend § 490(h)(3) of the District of Columbia Self-Government and Governmental Reorganization Act to read as follows:

"(3)(A) The fourth sentence of § 47-304 [§ 1-204.46] shall not apply to --

(i) any amount (including the amount of any accrued interest or premium) obligated or expended from the proceeds of the sale of any revenue bond, note, or other obligation issued under paragraph (1) of this subsection.

(ii) any amount obligated or expended for the payment of the principal of, interest on, or any premium for any revenue bond, note, or other obligation issued under paragraph (1) of this subsection.

(iii) any amount obligated or expended to secure any revenue bond, note, or other obligation issued under paragraph (1) of this subsection, and.

(iv) any amount obligated or expended for repair, maintenance, and capital improvements issued under paragraph (1) of this subsection.

(B) Other operating obligations or expenditures shall be exempt from the fourth sentence of § 47-304 [§ 1-204.46, 2001 Ed.], except that if the operating obligations or expenditures are incurred prior to October 1, 1995, they shall be approved pursuant to the procedures set forth in § 47-304.1 [§ 1-204.53, 2001 Ed.]."

Medlantic Healthcare Group, Inc., Revenue Bond Project Approval Resolution of 1995: Pursuant to Resolution 11-163, effective November 7, 1995, the Council approved the loan of proceeds from the issuance and sale of District of Columbia Revenue Bonds to Medlantic Healthcare Group, Inc., d/b/a Washington Hospital Center, and National Rehabilitation Hospital ("Medlantic").

Carnegie Endowment for International Peace Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-203, effective January 4, 1996, the Council approved the Carnegie Endowment for International Peace Revenue Bond Project.

American University Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-416, effective July 3, 1996, the Council approved the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to the American University Revenue Bond Project.

Georgetown University Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-417, effective July 3, 1996, the Council approved the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to the Georgetown University Revenue Bond Project.

Howard University Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-418, effective July 3, 1996, the Council approved the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to the Howard University Revenue Bond Project.

Lucy Webb Hayes National Training School for Deaconesses and Missionaries, in care of Sibley Memorial Hospital, Hospital Revenue Bond Project Approval Resolution of 1996: Pursuant to Resolution 11-524, effective October 1, 1996, the Council approved the issuance, sale, and delivery of District of Columbia Revenue Bonds and the loan of proceeds thereof to assist in the financing, refinancing, or reimbursing of costs related to the Lucy Webb Hayes National Training School for Deaconesses and Missionaries, in care of Sibley Memorial Hospital.

Individual Development, Inc. (Successor to We Care Projects, Inc.) Revenue Bond Project Emergency Approval Resolution of 1996: Pursuant to Resolution 11-670, effective December 3, 1996, the Council approved, on an emergency basis, the issuance, sale, and delivery of District of Columbia revenue bonds and the loan of proceeds thereof to assist in the financing, refinancing, or reimbursing of costs related to certain intermediate care residential facilities for the mentally retarded owned and operated by Individual Development, Inc. (Successor to We Care Projects, Inc.).

Oyster Elementary School Construction and Revenue Bonds: Section 169 of Pub. L. 105-277, 112 Stat. __________, the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999, provided that, notwithstanding § 1- 206.02(c)(1) of the D. C. Code, the Oyster Elementary School Construction and Revenue Bond Act of 1998 [D.C. Law 12-174] shall take effect on October 21, 1998.

Sections 2 through 19 of D.C. Law 12-174, the Oyster Elementary School Construction and Revenue Bond Act of 1998, effective October 21, 1998, authorized the demolition of the James F. Oyster Elementary School and the construction of a new school, the lease or conveyance of a portion of the Oyster School site to a private developer, and the funding for construction of the new Oyster School facility through the issuance of revenue bonds by the District for the benefit of the District of Columbia Public Schools, with the payments on such revenue bonds secured through payment by the developer of a payment in lieu of taxes.

Protestant Episcopal Cathedral Foundation of the District of Columbia (Beauvoir, the National Cathedral Elementary School) Revenue Bond Project Approval Resolution of 1998: Pursuant to Resolution 12-520, effective June 2, 1998, the Council authorized and provided for the issuance, sale, and delivery of up to $9,000,000 aggregate principal amount of District of Columbia Revenue Bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the Protestant Episcopal Cathedral Foundation of the District of Columbia (Beauvoir, The National Cathedral Elementary School) in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

National Cable Satellite Corporation Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-492, effective May 5, 1998, the Council approved, on an emergency basis, the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to the National Cable Satellite Corporation.

Lab School of Washington Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-494, effective May 5, 1998, the Council approved, on an emergency basis, the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to The Lab School of Washington.

Lowell School Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-496, effective May 5, 1998, the Council approved, on an emergency basis, the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to the Lowell School of Washington.

The HSC Foundation Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-545, effective June 16, 1998, the Council authorized and provided, on an emergency basis, for the issuance, sale and delivery of up to $20,000,000 aggregate principal amount of District of Columbia Revenue Bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the HSC Foundation in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

Maret School Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-547, effective June 16, 1998, the Council authorized and provided, on an emergency basis, for the issuance, sale and delivery of up to $16,000,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the Maret School, Inc., in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

Washington International School Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-549, effective June 16, 1998, the Council authorized and provided, on an emergency basis, for the issuance, sale and delivery of up to $10,000,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the Washington International School in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

Resources for the Future Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-551, effective June 16, 1998, the Council approved the resources for the Future Revenue Bond Project.

American Association of Homes and Services for the Aging Revenue Bonds Project Emergency Declaration Resolution of 1998: Pursuant to Resolution 12-621, effective July 7, 1998, the Council declared the existence of an emergency with respect to the need to expeditiously adopt the American Association of Homes and Services for the Aging Revenue Bond Project Emergency Approval Resolution of 1998.

American Association of Homes and Services for the Aging Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-622, effective July 7, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $11,000,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the American Association of Homes and Services for the Aging in the financing, refinancing, or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

Velocity Acquisition Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-624, effective July 7, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $6,000,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist Velocity Acquisition, LLC in the financing, refinancing, or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

The Presbyterian Home Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-626, effective July 7, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $30,500,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the Presbyterian Home in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

American Council on Education Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-628, effective July 7, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $6,800,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the American Council on Education in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

John F. Kennedy Center for the Performing Arts Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-630, effective July 7, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $35,000,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the John F. Kennedy Center for the Performing Arts in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

NAS Title Holding, LLC Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-755, effective November 10, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $137 million aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist NAS Title Holding, LLC in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

Medlantic/Helix Parent, InC. Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-757, effective November 10, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $400 million aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist Medlantic Helix Parent, Inc. in the financing, refinancing or reimbursing of an authorized healthcare project pursuant to section 490 of the District of Columbia Home Rule Act.

Whitman-Walker Clinic Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-806, effective December 1, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $8,500,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the Whitman-Walker Clinic, Inc. in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

Association of American Medical Colleges Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-808, effective December 1, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $10,500,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the Association of American Medical Colleges in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

American College of Obstetricians and Gynecologists Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-810, effective December 1, 1998, the Council authorized and provided, on an emergency basis, for the issuance, sale and delivery of up to $16,000,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the American College of Obstetricians and Gynecologists in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

Methodist Home of the District of Columbia Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-812, effective December 1, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $17,000,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the Methodist Home of the District of Columbia in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

American Society for Microbiology Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-814, effective December 1, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $20,460,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the American Society for Microbiology in the financing, refinancing or reimbursing of an authorized project pursuant to section 490 of the District of Columbia Home Rule Act.

National Osteoporosis Foundation Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-816, effective December 1, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $5,197,500 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the National Osteoporosis Foundation in the financing, refinancing or reimbursing of an authorized healthcare project pursuant to section 490 of the District of Columbia Home Rule Act.

Institute for International Economics Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-818, effective December 1, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $10,500,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist the Institute for International Economics in the financing, refinancing or reimbursing of an authorized healthcare project pursuant to section 490 of the District of Columbia Home Rule Act.

American University Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-849, effective December 15, 1998, the Council authorized and provided for the issuance, sale and delivery of up to $21,000,000 aggregate principal amount of District of Columbia revenue bonds in one or more series and to authorize and provide for the loan of the proceeds of such bonds to assist American University in the financing, refinancing or reimbursing of an authorized healthcare project pursuant to section 490 of the District of Columbia Home Rule Act.

Howard University Revenue Bond Project Emergency Approval Resolution of 1998: Pursuant to Resolution 12-419, effective March 3, 1998, the Council approved, on an emergency basis, the loan of proceeds from the issuance and sale of District of Columbia revenue bonds to Howard University.

DC CODE § 1-204.90

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Independent Agencies and Authorities.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
</history>
HISTORICAL AND STATUTORY NOTES

Miscellaneous Notes

The text of § 1-204.91 is omitted because the corresponding text of section 491 of Public Law 93-198 amended another law.

DC CODE § 1-204.91

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Independent Agencies and Authorities.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
</history>
HISTORICAL AND STATUTORY NOTES

Miscellaneous Notes

The text of § 1-204.92 is omitted because the corresponding text of section 492 of Public Law 93-198 amended another law.

DC CODE § 1-204.92

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Independent Agencies and Authorities.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


There shall be a Public Service Commission whose function shall be to insure that every public utility doing business within the District of Columbia is required to furnish service and facilities reasonably safe and adequate and in all respects just and reasonable. The charge made by any such public utility for any facility or services furnished, or rendered, or to be furnished or rendered, shall be reasonable, just, and nondiscriminatory. Every unjust or unreasonable or discriminating charge for such facility or service is prohibited and is hereby declared unlawful.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 811, Pub. L. 93-198, title IV, § 493(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 43-402.

1973 Ed., § 43-201a.

Miscellaneous Notes

Deregulation of streetlighting service: Section 130 of H.R. 3067, amended by H.R. 99-419, incorporated in Pub. L. 99-190 by § 101(c), the D.C. Appropriation Act, 1986, provided that the Public Service Commission is authorized to order and to approve the deregulation of streetlighting service to the District of Columbia as provided in its opinion and order in Formal Case No. 813, dated July 12, 1984 (Order No. 8056), this section, § 34-1101, and § 34-1407, and provided that the provisions of this opinion and order regarding deregulation of streetlighting service are hereby ratified and declared to be in effect as of July 12, 1984 and shall continue to be in effect until revoked or rescinded.

DC CODE § 1-204.93

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Independent Agencies and Authorities.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
</history>
HISTORICAL AND STATUTORY NOTES

Miscellaneous Notes

The text of § 1-204.94 is omitted because the corresponding text of section 494 of Public Law 93-198 amended another law.

DC CODE § 1-204.94

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Independent Agencies and Authorities.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


CREDIT(S)

(Dec. 24, 1973, 87 Stat. 811, Pub. L. 93-198, title IV, § 495; July 7, 2000, D.C. Law 13-159, § 2, 47 DCR 2212; June 1, 2007, 121 Stat. 223, Pub. L. 110-33, § 1(a)(2).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 31-101(a).

Section 5 of D.C. Law 13-159 provides:

"This act shall take effect following ratification by a majority of the registered qualified electors of the District of Columbia voting in a referendum held for such purpose and a 35-day period of Congressional review as provided in section 303 of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-203.03), and publication in the District of Columbia Register."

Legislative History of Laws

Law 13-159, the "School Governance Charter Amendment Act of 2000" was introduced in Council and assigned Bill No. 13-469. The Bill was adopted on first, first amended and second readings on January 18, 2000, February 1, 2000 and February 17, 2000, respectively. Signed by the Mayor on March 1, 2000, it was assigned Act No. 13-295. The citizens of the District of Columbia voted on the legislation on June 27, 2000. The Board of Elections and Ethics certified (ratified) the results of the election on July 7, 2000. D.C. Law 13-159 became effective on July 7, 2000, pursuant to section 1 of the Public Law 106-226.

Effective Date of Law 13-159

Section 1 of Public Law 106-226 provides:

"SECTION 1. WAIVER OF CONGRESSIONAL REVIEW PERIOD FOR SCHOOL GOVERNANCE CHARTER AMENDMENT ACT OF 2000.

"Notwithstanding section 303 of the District of Columbia Home Rule Act or any provision of the School Governance Charter Amendment Act of 2000, the School Governance Charter Amendment Act of 2000 shall take effect upon the date such Act is ratified by a majority of the registered qualified electors of the District of Columbia voting in a referendum held to ratify such Act."

Editor's Notes

Paragraphs (1) and (2) of subsection (a) expired on July 7, 2004.

Miscellaneous Notes

In sections 901 to 903 of Law 17-9 the Council of the District of Columbia requested that Congress repeal this section.

DC CODE § 1-204.95

Current through December 11, 2012




</history>
<metadata><repealed>y</repealed></metadata>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Independent Agencies and Authorities.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Financial Management, Personnel, and Procurement Authority. -- Notwithstanding any other provision of this chapter or any District of Columbia law, the financial management, personnel, and procurement functions and responsibilities of the District of Columbia Water and Sewer Authority shall be established exclusively pursuant to rules and regulations adopted by its Board of Directors. Nothing in the previous sentence may be construed to affect the application to the District of Columbia Water and Sewer Authority of § 1- 204.45a, § 1-204.51(d), § 1-204.53(c), or § 1-204.90(g).
</section>
<section prefix="b">
 Consistency with existing authorizing law. -- The rules and regulations adopted by the Board of Directors of the District of Columbia Water and Sewer Authority to establish the financial management, personnel, and procurement functions and responsibilities of the Authority shall be consistent with the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, as such Act is in effect as of January 1, 2008.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 811, Pub. L. 93-198, title IV, § 496, as added July 15, 2008, 122 Stat. 2491, Pub. L. 110-273, § 3(a)(2).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

References in Text

The "Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996," referred to in subsec. (b), is D.C. Law 11-111, which is codified primarily as § 34-2201.01 et seq.

DC CODE § 1-204.96

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The term "initiative" means the process by which the electors of the District of Columbia may propose laws (except laws appropriating funds) and present such proposed laws directly to the registered qualified electors of the District of Columbia for their approval or disapproval.
</section>
<section prefix="b">
 The term "referendum" means the process by which the registered qualified electors of the District of Columbia may suspend acts of the Council of the District of Columbia (except emergency acts, acts levying taxes, or acts appropriating funds for the general operation budget) until such acts have been presented to the registered qualified electors of the District of Columbia for their approval or rejection.
CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-281.

1973 Ed., § 1-181.

Legislative History of Laws

Law 2-46 was introduced in Council and assigned Bill No. 2-2, which was referred to the Committee on Government Operations. The Bill was adopted on first, amended first, and second readings on April 5, 1977, May 3, 1977 and May 17, 1977, respectively. Signed by the Mayor on June 14, 1977, it was assigned Act No. 2-46 and transmitted to both Houses of Congress for its review. Concurrent Resolutions 471 and 464 were approved by both Houses of Congress as required by the act.

DC CODE § 1-204.101

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 An initiative or referendum may be proposed by the presentation of a petition to the District of Columbia Board of Elections and Ethics containing the signatures of registered qualified electors equal in number to 5 percent of the registered electors in the District of Columbia: Provided, that the total signatures submitted include 5 percent of the registered electors in each of 5 or more of the City's wards. The number of registered electors which is used for computing these requirements shall be according to the latest official count of registered electors by the Board of Elections and Ethics which was issued 30 or more days prior to submission of the signatures for the particular initiative or referendum petition.
</section>
<section prefix="b">
(1) Upon the presentation of a petition for a referendum to the District of Columbia Board of Elections and Ethics as provided in this section, the District of Columbia Board of Elections and Ethics shall notify the appropriate custodian of the act of the Council of the District of Columbia (either the President of the United States or the President of the Senate and the Speaker of the House of Representatives) as provided in §§ 1-204.04 and 1-204.46 and the President of the United States or the President of the Senate and the Speaker of the House of Representatives shall, as is appropriate, return such act or portion of such act to the Chairman of the Council of the District of Columbia. No further action may be taken upon such act or portion of such act until after a referendum election is held.
</section>
<section prefix="2">
 No act is subject to referendum if it has become law according to the provisions of § 1-204.04.
CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199; June 7, 1979, D.C. Law 3-1, § 5, 25 DCR 9454.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-282.

1973 Ed., § 1-182.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

Law 3-1 was introduced in Council and assigned Bill No. 3-2, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on March 13, 1979 and March 27, 1979, respectively. Signed by the Mayor on April 10, 1979, it was assigned Act No. 3-18 and transmitted to both Houses of Congress for its review.

DC CODE § 1-204.102

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The District of Columbia Board of Elections and Ethics shall submit an initiative measure without alteration at the next general, special, or primary election held at least 90 days after the measure is received. The District of Columbia Board of Elections and Ethics shall hold an election on a referendum measure within 114 days of its receipt of a petition as provided in § 1- 204.102. If a previously scheduled general, primary, or special election will occur between 54 and 114 days of its receipt of a petition as provided in § 1-204.102, the District of Columbia Board of Elections and Ethics may present the referendum at that election.

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-283.

1973 Ed., § 1-183.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

DC CODE § 1-204.103

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


If a majority of the registered qualified electors voting on a referred act vote to disapprove the act, such action shall be deemed a rejection of the act or that portion of the act on the referendum ballot and no action may be taken by the Council of the District of Columbia with regard to the matter presented at referendum for the 365 days following the date of the District of Columbia Board of Elections and Ethics' certification of the vote concerning the referendum.

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-284.

1973 Ed., § 1-184.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

Miscellaneous Notes

Rejection of Initiative on Mandatory Life Imprisonment or Death Penalty for Murder in the District of Columbia: Section 138 of Pub. L. 102-382, 106 Stat. 1436, the District of Columbia Appropriations Act, 1993, provided an initiative measure which would have increased the penalty for first-degree murder in the District of Columbia to a sentence of death or life imprisonment without the possibility of parole; the initiative was rejected at the general election held on November 3, 1992.

DC CODE § 1-204.104

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


If a majority of the registered qualified electors voting in a referendum approve an act or adopt legislation by initiative, then the adopted initiative or the act approved by referendum shall be an act of the Council upon the certification of the vote on such initiative or act by the District of Columbia Board of Elections and Ethics, and such act shall become law subject to the provisions of § 1-206.02(c).

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199; Oct. 27, 1978, 92 Stat. 2023, Pub. L. 95-526.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-285.

1973 Ed., § 1-185.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

DC CODE § 1-204.105

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The District of Columbia Board of Elections and Ethics shall be empowered to propose a short title and summary of the initiative and referendum matter which accurately reflects the intent and meaning of the proposed referendum or initiative. Any citizen may petition the Superior Court of the District of Columbia no later than 30 days prior to the election at which the initiative or referendum will be held for a writ in the nature of mandamus to correct any inaccurate short title and summary by the District of Columbia Board of Elections and Ethics and to mandate that Board to properly state the summary of the initiative or referendum measure.

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199; Oct. 27, 1978, 92 Stat. 2023, Pub. L. 95-526.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-286.

1973 Ed., § 1-186.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

DC CODE § 1-204.106

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Council of the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this subpart within 180 days of the effective date of this subpart. Neither a petition initiating an initiative nor a referendum may be presented to the District of Columbia Board of Elections and Ethics prior to October 1, 1978.

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199; Oct. 27, 1978, 92 Stat. 2023, Pub. L. 95-526.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-287.

1973 Ed., § 1-187.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

DC CODE § 1-204.107

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The term "recall" means the process by which the qualified electors of the District of Columbia may call for the holding of an election to remove or retain an elected official of the District of Columbia (except the Delegate to Congress for the District of Columbia) prior to the expiration of his or her term.

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-291.

1973 Ed., § 1-191.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

DC CODE § 1-204.111

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Any elected officer of the District of Columbia government (except the Delegate to Congress for the District of Columbia) may be recalled by the registered electors of the election ward from which he or she was elected or by the registered electors of the District of Columbia at large in the case of an at-large elected officer, whenever a petition demanding his or her recall, signed by 10 percent of the registered electors thereof, is filed with the District of Columbia Board of Elections and Ethics. The 10 percent shall be computed from the total number of the registered electors from the ward, according to the latest official count of registered electors by the Board of Elections and Ethics which was issued 30 or more days prior to submission of the signatures for the particular recall petition. In the case of an at-large elected official, the 10 percent shall include 10 percent of the registered electors in each of 5 or more of the City's wards. The District of Columbia Board of Elections and Ethics shall hold an election within 114 days of its receipt of a petition as provided in § 1-204.102. If a previously scheduled general, primary, or special election will occur between 54 and 114 days of its receipt of a petition as provided in § 1-204.102, then the District of Columbia Board of Elections and Ethics may present the recall question at that election.

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199; June 7, 1979, D.C. Law 3-1, § 5, 25 DCR 9454.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-292.

1973 Ed., § 1-192.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

For legislative history of D.C. Law 3-1, see Historical and Statutory Notes following § 1-204.102.

DC CODE § 1-204.112

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The process of recalling an elected official may not be initiated within the first 365 days nor the last 365 days of his or her term of office. Nor may the process be initiated within 1 year after a recall election has been determined in his or her favor.

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-293.

1973 Ed., § 1-193.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

DC CODE § 1-204.113

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


An elected official is removed from office if a majority of the qualified electors voting in the election vote to remove him or her. The vacancy created by such recall shall be filled in the same manner as other vacancies as provided in §§ 1-204.01(d) and 1-204.21(c)(2) and § 1-1001.10(a).

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-294.

1973 Ed., § 1-194.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

DC CODE § 1-204.114

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">The District Charter.</unit>
	<unit label="part">Initiatives, Referendums, and Recalls.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The Council of the District of Columbia shall adopt such acts as are necessary to carry out the purpose of this subpart within 180 days of October 27, 1978. No petition for recall may be presented to the District of Columbia Board of Elections and Ethics prior to October 1, 1978.

CREDIT(S)

(Mar. 10, 1978, D.C. Law 2-46, § 2, 24 DCR 199.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-295.

1973 Ed., § 1-195.

Legislative History of Laws

For legislative history of D.C. Law 2-46, see Historical and Statutory Notes following § 1-204.101.

DC CODE § 1-204.115

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Federal Payment. [Repealed]</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


CREDIT(S)

(Dec. 24, 1973, 87 Stat. 812, Pub. L. 93-198, title V, § 501; Aug. 5, 1997, 111 Stat. 777, Pub. L. 105-33, § 11601(a)(1).)

DC CODE § 1-205.01

Current through December 11, 2012



</section>
<metadata><repealed>y</repealed></metadata>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Federal Payment. [Repealed]</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


CREDIT(S)

(Dec. 24, 1973, 87 Stat. 813, Pub. L. 93-198, title V, § 502; Aug. 29, 1994, 88 Stat. 793, Pub. L. 93-395, § 1(7); Aug. 6, 1981, 95 Stat. 150, Pub. L. 97-30; Oct. 15, 1982, 96 Stat. 1626, Pub L. 97-34; Aug. 2, 1983, 97 Stat. 367, Pub. L. 98-65; June 12, 1984, 98 Stat. 242, Pub. L. 98-316; Nov. 8, 1984, 98 Stat. 3369, Pub. L. 98-621, § 9(c)(2); Dec. 12, 1989, 103 Stat. 1901, Pub. L. 101-223, § 2(a); Aug. 17, 1991, 105 Stat. 495, Pub. L. 102-102, § 2(a); Aug. 5, 1997, 111 Stat. 777. Pub. L. 105- 33, § 11601(a)(1).)

DC CODE § 1-205.02

Current through December 11, 2012



</section>
<metadata><repealed>y</repealed></metadata>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Federal Payment. [Repealed]</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


CREDIT(S)

(Dec. 24, 1973, 87 Stat. 813, Pub. L. 93-198, title V, § 503, as added Aug. 17, 1991, 105 Stat. 495, Pub. L. 102-102, § 2(b); Oct. 19, 1994, 108 Stat. 3488, Pub. L. 103-373, § 2; Apr. 17, 1995, 109 Stat. 142, Pub. L. 104- 8, § 301(e); Aug. 5, 1997, 111 Stat. 777, Pub. L. 105-33, § 11601(a)(1).)

DC CODE § 1-205.03

Current through December 11, 2012



</section>
<metadata><repealed>y</repealed></metadata>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Reservation of Congressional Authority.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Notwithstanding any other provision of this chapter, the Congress of the United States reserves the right, at any time, to exercise its constitutional authority as legislature for the District, by enacting legislation for the District on any subject, whether within or without the scope of legislative power granted to the Council by this chapter, including legislation to amend or repeal any law in force in the District prior to or after enactment of this chapter and any act passed by the Council.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 813, Pub. L. 93-198, title VI, § 601.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-206.

1973 Ed., § 1-126.

DC CODE § 1-206.01

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Reservation of Congressional Authority.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Council shall have no authority to pass any act contrary to the provisions of this chapter except as specifically provided in this chapter, or to:
</section>
<section prefix="1">
 Impose any tax on property of the United States or any of the several states;
</section>
<section prefix="2">
 Lend the public credit for support of any private undertaking;
</section>
<section prefix="3">
 Enact any act, or enact any act to amend or repeal any Act of Congress, which concerns the functions or property of the United States or which is not restricted in its application exclusively in or to the District;
</section>
<section prefix="4">
 Enact any act, resolution, or rule with respect to any provision of Title 11 (relating to organization and jurisdiction of the District of Columbia courts);
</section>
<section prefix="5">
 Impose any tax on the whole or any portion of the personal income, either directly or at the source thereof, of any individual not a resident of the District (the terms "individual" and "resident" to be understood for the purposes of this paragraph as they are defined in § 47-1801.04);
</section>
<section prefix="6">
 Enact any act, resolution, or rule which permits the building of any structure within the District of Columbia in excess of the height limitations contained in § 6-601.05, and in effect on December 24, 1973;
</section>
<section prefix="7">
 Enact any act, resolution, or regulation with respect to the Commission on Mental Health;
</section>
<section prefix="8">
 Enact any act or regulation relating to the United States District Court for the District of Columbia or any other court of the United States in the District other than the District courts, or relating to the duties or powers of the United States Attorney or the United States Marshal for the District of Columbia;
</section>
<section prefix="9">
 Enact any act, resolution, or rule with respect to any provision of Title 23 (relating to criminal procedure), or with respect to any provision of any law codified in Title 22 or 24 (relating to crimes and treatment of prisoners), or with respect to any criminal offense pertaining to articles subject to regulation under Chapter 45 of Title 22 during the 48 full calendar months immediately following the day on which the members of the Council first elected pursuant to this chapter take office; or
</section>
<section prefix="0">
 Enact any act, resolution, or rule with respect to the District of Columbia Financial Responsibility and Management Assistance Authority established under § 47-391.01(a).
</section>
<section prefix="b">
 Nothing in this chapter shall be construed as vesting in the District government any greater authority over the National Zoological Park, the National Guard of the District of Columbia, the Washington Aqueduct, the National Capital Planning Commission, or, except as otherwise specifically provided in this chapter, over any federal agency, than was vested in the Commissioner prior to January 2, 1975.
</section>
<section prefix="c">
(1) Except acts of the Council which are submitted to the President in accordance with Chapter 11 of Title 31, United States Code, any act which the Council determines, according to § 1-204.12(a), should take effect immediately because of emergency circumstances, and acts proposing amendments to subchapter IV of this chapter and except as provided in § 1-204.62(c) and § 1-204.72(d)(1) the Chairman of the Council shall transmit to the Speaker of the House of Representatives, and the President of the Senate, a copy of each act passed by the Council and signed by the Mayor, or vetoed by the Mayor and repassed by two-thirds of the Council present and voting, each act passed by the Council and allowed to become effective by the Mayor without his signature, and each initiated act and act subject to referendum which has been ratified by a majority of the registered qualified electors voting on the initiative or referendum. Except as provided in paragraph (2) of this subsection, such act shall take effect upon the expiration of the 30-calendar-day period (excluding Saturdays, Sundays, and holidays, and any day on which neither House is in session because of an adjournment sine die, a recess of more than 3 days, or an adjournment of more than 3 days) beginning on the day such act is transmitted by the Chairman to the Speaker of the House of Representatives and the President of the Senate, or upon the date prescribed by such act, whichever is later, unless during such 30-day period, there has been enacted into law a joint resolution disapproving such act. In any case in which any such joint resolution disapproving such an act has, within such 30- day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law, subsequent to the expiration of such 30-day period, shall be deemed to have repealed such act, as of the date such resolution becomes law. The provisions of § 1-206.04, except subsections (d), (e), and (f) of such section, shall apply with respect to any joint resolution disapproving any act pursuant to this paragraph.
</section>
<section prefix="2">
 In the case of any such act transmitted by the Chairman with respect to any act codified in Title 22, 23, or 24 of the District of Columbia Code, such act shall take effect at the end of the 60-day period beginning on the day such act is transmitted by the Chairman to the Speaker of the House of Representatives and the President of the Senate unless, during such 60-day period, there has been enacted into law a joint resolution disapproving such act. In any case in which any such joint resolution disapproving such an act has, within such 60-day period, passed both Houses of Congress and has been transmitted to the President, such resolution, upon becoming law subsequent to the expiration of such 60-day period shall be deemed to have repealed such act, as of the date such resolution becomes law. The provisions of § 1-206.04, relating to an expedited procedure for consideration of joint resolutions, shall apply to a joint resolution disapproving such act as specified in this paragraph.
</section>
<section prefix="3">
 The Council shall submit with each Act transmitted under this subsection an estimate of the costs which will be incurred by the District of Columbia as a result of the enactment of the act in each of the first 4 fiscal years for which the act is in effect, together with a statement of the basis for such estimate.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 813, Pub. L. 93-198, title VI, § 602; Sept. 7, 1976, 90 Stat. 1220, Pub. L. 94-402; Oct. 27, 1978, 92 Stat. 2023, Pub. L. 95-526; Dec. 23, 1981, 95 Stat. 1493, Pub. L. 97-105, § 17; Oct. 12, 1984, 98 Stat. 1974, Pub. L. 98-473, § 131(d)-(g); Apr. 17, 1995, 109 Stat. 107, 142, Pub. L. 104-8, §§ 108(b)(2), 301(d)(1).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-233.

1973 Ed., § 1-147.

References in Text

"Chapter 11 of Title 31, United States Code", referred to in the first sentence in paragraph (1) of subsection (c) of this section, was substituted for "the Budget and Accounting Act, 1921 (31 U.S.C. § 1 et seq.)" on authority of § 4(b) of the Act of September 13, 1982, Pub. L. 97-258.

Miscellaneous Notes

Waiver of Congressional review for certain revenue bond acts: Section 1 of Pub. L. 99-242 amended § 2 of Pub. L. 99-216 to include also D.C. Laws 6-78 and 6-79. Section 2 provided that they should take effect as if included in Pub. L. 99-216, with certain restrictions.

Section 2 of Pub. L. 99-216 also waived Congressional review for D.C. Laws 6-75 and 6-70, providing that they take effect on the date of enactment of the public law, which was approved Dec. 26, 1985.

Waiver of Congressional review for certain revenue bond acts: Section 136(a) of H.R. 3067, amended by H.R. 99-419, incorporated in Pub. L. 99-190 by § 101(c), the D.C. Appropriation Act, 1986, provided that § 602(c) of the Self-Government Act (Pub. L. 93-198) shall not apply to certain acts authorizing the issuance of revenue bonds. Section 136(b) of H.R. 3067 provided that the subject revenue bond acts shall take effect on the date of enactment of the act. Pub. L. 99-190 was approved Dec. 19, 1985. The revenue bond acts subject to waiver of review, set forth in § 136(c) of H.R. 3067, are The Georgetown University Higher Education Facilities Revenue Bond Act of 1985 (D.C. Law 6- 75), The Sibley Memorial Hospital Revenue Bond Act of 1985 (D.C. Law 6-70), The Forrest Marbury House Project Revenue Bond Act of 1985 (D.C. Law 6-86), The American University Revenue Bond Act of 1985 (D.C. Law 6-78), and The George Washington University Revenue Bond Act of 1985 (D.C. Law 6-79).

D.C. Schedule of Heights Amendment disapproved by Congress: Pursuant to Pub. L. 102-11, 105 Stat. 33, effective March 12, 1991, it was resolved by the Senate and House of Representatives of the United States of America in Congress assembled, that the Congress hereby disapproves of the action of the District of Columbia Council described as follows: The Schedule of Heights Amendment Act of 1990 (D.C. Act 8-329), signed by the Mayor of the District of Columbia on December 27, 1990, and transmitted to Congress pursuant to section 602(c)(1) of the District of Columbia Self-Government and Governmental Reorganization Act on January 15, 1991.

Borrowing of funds for arena preconstruction activities: For provisions permitting a designated authority to borrow funds for preconstruction activities relating to Gallery Place Sports Arena, see § 47-398.01.

Application of § 301(d)(1) of Pub. L. 104-8: Section 301(d)(2) of Pub. L. 104- 8, 109 Stat. 142, provided that the amendment made by paragraph (d)(1) shall apply to Acts of the Council transmitted on or after October 1, 1995.

Fiscal year: See Historical and Statutory Notes following § 1-203.03.

Congressional disapproval of acts of the Council.

Congress has utilized its authority under subsection (c) of this section to nullify the following acts of the Council of the District of Columbia:

(1) The Location of Chanceries Act of 1979, D.C. Act 3-120, adopted on final reading by the Council October 9, 1979, signed by the Mayor November 9, 1979 (26 DCR 2188). Disapproval was effective December 20, 1979.

(2) The District of Columbia Sexual Assault Reform Act of 1981, D.C. Act 4-69, adopted on final reading by the Council July 14, 1981, signed by the Mayor July 2, 1981 (28 DCR 3409). Disapproval was effective October 1, 1981.

(3) The Schedule of Heights Amendment Act of 1990, Act 8-329, adopted on final reading by the Council December 18, 1990, signed by the Mayor December 27, 1990 (38 DCR 369). The disapproval was effective on March 21, 1991.

At the time of the disapproval of the first act, section 602(c)(1) of the Home Rule Act required both Houses of Congress to adopt a concurrent resolution disapproving the act. Act 3-120 was disapproved by both Houses of Congress in S.Con.Res.63 (in Lieu of H.Con.Res.228).

Act 4-69 would have amended titles 22 and 23 of the District of Columbia Code. At the time of the disapproval, section 602(c)(2) provided that either House of Congress could adopt a resolution disapproving an act of the Council that amended or would be codified in titles 22, 23, or 24. Act 4-69 was disapproved by one House of Congress, the House of Representatives, in H.Res.208.

By the time the Council transmitted Act 8-329 to Congress, the Supreme Court had decided, in Immigration and Naturalization Service v. Chada, 462 U.S. 919, 103 S. Ct. 2764 (1983), that a provision of the Immigration and Naturalization Act that allowed one House of Congress to invalidate a decision of the Executive Branch violated the constitutional doctrine of separation of powers. Congress amended the Home Rule Act to conform with the Chada decision. Section 602 was amended to require that in order to disapprove an act of the Council, both Houses of Congress must pass a joint resolution that would then require the signature of the President. Act 8-329 was disapproved by joint resolution of Congress and signature of the President and became Public Law 102-11.

DC CODE § 1-206.02

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Reservation of Congressional Authority.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Nothing in this chapter shall be construed as making any change in existing law, regulation, or basic procedure and practice relating to the respective roles of the Congress, the President, the federal Office of Management and Budget, and the Comptroller General of the United States in the preparation, review, submission, examination, authorization, and appropriation of the total budget of the District of Columbia government.
</section>
<section prefix="b">
(1) No general obligation bonds (other than bonds to refund outstanding indebtedness) or Treasury capital project loans shall be issued during any fiscal year in an amount which would cause the amount of principal and interest required to be paid both serially and into a sinking fund in any fiscal year on the aggregate amounts of all outstanding general obligation bonds and such Treasury loans, to exceed 17% of the District revenues (less any fees or revenues directed to servicing revenue bonds, any revenues, charges, or fees dedicated for the purposes of water and sewer facilities described in § 1- 204.90(a) (including fees or revenues directed to servicing or securing revenue bonds issued for such purposes), retirement contributions, revenues from retirement systems, and revenues derived from such Treasury loans and the sale of general obligation or revenue bonds) which the Mayor estimates, and the District of Columbia Auditor certifies, will be credited to the District during the fiscal year in which the bonds will be issued. Treasury capital project loans include all borrowings from the United States Treasury, except those funds advanced to the District by the Secretary of the Treasury under the provisions of §§ 47-3401 through 47-3401.05.
</section>
<section prefix="2">
 Obligations incurred pursuant to the authority contained in subchapter II of Chapter 3 of Title 3, obligations incurred by the agencies transferred or established by §§ 1-202.01 and 1-202.02, whether incurred before or after such transfer or establishment, and obligations incurred pursuant to general obligation bonds of the District of Columbia issued prior to October 1, 1996, for the financing of Department of Public Works, Water and Sewer Utility Administration capital projects, shall not be included in determining the aggregate amount of all outstanding obligations subject to the limitation specified in the preceding paragraph.
</section>
<section prefix="3">
 The 17% limitation specified in paragraph (1) of this subsection shall be calculated in the following manner:
</section>
<section prefix="A">
 Determine the dollar amount equivalent to 17% of the District revenues (less any fees or revenues directed to servicing revenue bonds, any revenues, charges, or fees dedicated for the purposes of water and sewer facilities described in § 1-204.90(a) (including fees or revenues directed to servicing or securing revenue bonds issued for such purposes, retirement contributions, revenues from retirement systems, and revenues derived from such Treasury loans and the sale of general obligation or revenue bonds) which the Mayor estimates, and the District of Columbia Auditor certifies, will be credited to the District during the fiscal year for which the bonds will be issued;
</section>
<section prefix="B">
 Determine the actual total amount of principal and interest to be paid in each fiscal year for all outstanding general obligation bonds (less the allocable portion of principal and interest to be paid during the year on general obligation bonds of the District of Columbia issued prior to October 1, 1996, for the financing of Department of Public Works, Water and Sewer Utility Administration capital projects) and such Treasury loans;
</section>
<section prefix="C">
 Determine the amount of principal and interest to be paid during each fiscal year over the term of the proposed general obligation bond or such Treasury loan to be issued; and
</section>
<section prefix="D">
 If in any 1 fiscal year the sum arrived at by adding subparagraphs (B) and (C) of this paragraph exceeds the amount determined under subparagraph (A) of this paragraph then the proposed general obligation bond or such Treasury loan in subparagraph (C) of this paragraph cannot be issued.
</section>
<section prefix="c">
 Except as provided in subsection (f) of this section, the Council shall not approve any budget which would result in expenditures being made by the District government, during any fiscal year, in excess of all resources which the Mayor estimates will be available from all funds available to the District for such fiscal year. The budget shall identify any tax increases which shall be required in order to balance the budget as submitted. The Council shall be required to adopt such tax increases to the extent its budget is approved. For the purposes of this section, the Council shall use a federal payment amount not to exceed the amount authorized by Congress.
</section>
<section prefix="d">
 Except as provided in subsection (f) of this section, the Mayor shall not forward to the President for submission to Congress a budget which is not balanced according to the provision of subsection (c) of this section.
</section>
<section prefix="e">
 Nothing in this chapter shall be construed as affecting the applicability to the District government of the provisions of §§ 1341, 1342, and 1349 to 1351 and subchapter II of Chapter 15 of Title 31, United States Code.
</section>
<section prefix="f">
 In the case of a fiscal year which is a control year (as defined in § 47-393(4)), the Council may not approve, and the Mayor may not forward to the President, any budget which is not consistent with the financial plan and budget established for the fiscal year under part B of subchapter VII of Chapter 3 of Title 47.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 814, Pub. L. 93-198, title VI, § 603; Apr. 17, 1995, 109 Stat. 115, Pub. L. 104-8, § 202(f)(1); Aug. 6, 1996, 110 Stat. 1697, Pub. L. 104-184, § 3; enacted, Apr. 9, 1997, D.C. Law 11-254, § 2, 44 DCR 1575; Aug. 5, 1997, 111 Stat. 754, Pub. L. 105-33, §§ 11243(e), 11601(b)(1)(C), 11601(b)(1)(D), 11602(b), 11604.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-313.

1973 Ed., § 47-228.

References in Text

"§§ 1341, 1342, and 1349 to 1351 and subchapter II of Chapter 15 of Title 31, United States Code," referred to in subsection (e) of this section, was substituted for "§ 3679 of the Revised Statutes of the United States (§ 665 of Title 31, United States Code), the so-called Anti-Deficiency Act" on authority of § 4(b) of Pub. L. 97-258, approved September 13, 1982.

Miscellaneous Notes

Borrowing of funds for arena preconstruction activities: For provisions permitting a designated authority to borrow funds for preconstruction activities relating to Gallery Place Sports Arena, see § 47-398.01.

Revenues as security for arena construction borrowing: For provisions permitting certain District revenues to be pledged as security for borrowing for preconstruction activities relating to Gallery Place Sports Arena, see § 47-398.02.

DC CODE § 1-206.03

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Reservation of Congressional Authority.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 This section is enacted by Congress:
</section>
<section prefix="1">
 As an exercise of the rulemaking power of the Senate and the House of Representatives, respectively, and as such these provisions are deemed a part of the rule of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of resolutions described by this section; and they supersede other rules only to the extent that they are inconsistent therewith; and
</section>
<section prefix="2">
 With full recognition of the constitutional right of either House to change the rule (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
</section>
<section prefix="b">
 For the purpose of this section, "resolution" means only a joint resolution, the matter after the resolving clause of which is as follows: "That the .......... approves/disapproves of the action of the District of Columbia Council described as follows: ..........", the blank spaces therein being appropriately filled, and either approval or disapproval being appropriately indicated; but does not include a resolution which specifies more than 1 action.
</section>
<section prefix="c">
 A resolution with respect to Council action shall be referred to the Committee on the District of Columbia of the House of Representatives, or the Committee on the District of Columbia of the Senate, by the President of the Senate or the Speaker of the House of Representatives, as the case may be.
</section>
<section prefix="d">
 If the Committee to which a resolution has been referred has not reported it at the end of 20 calendar days after its introduction, it is in order to move to discharge the Committee from further consideration of any other resolution with respect to the same Council action which has been referred to the Committee.
</section>
<section prefix="e">
 A motion to discharge may be made only by an individual favoring the resolution, is highly privileged (except that it may not be made after the Committee has reported a resolution with respect to the same action), and debate thereon shall be limited to not more than 1 hour, to be divided equally between those favoring and those opposing the resolution. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
</section>
<section prefix="f">
 If the motion to discharge is agreed to or disagreed to, the motion may not be renewed, nor may another motion to discharge the Committee be made with respect to any other resolution with respect to the same action.
</section>
<section prefix="g">
 When the Committee has reported, or has been discharged from further consideration of, a resolution, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
</section>
<section prefix="h">
 Debate on the resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate is not debatable. An amendment to, or motion to recommit, the resolution is not in order, and it is not in order to move to reconsider the vote by which the resolution is agreed to or disagreed to.
</section>
<section prefix="i">
 Motions to postpone made with respect to the discharge from Committee or the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
</section>
<section prefix="j">
 Appeals from the decisions of the chair relating to the application of the rules of the Senate or the House of Representatives, as the case may be, to the procedure relating to a resolution shall be decided without debate.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 816, Pub. L. 93-198, title VI, § 604; Oct. 12, 1984, 98 Stat. 1975, Pub. L. 98-473, § 131(h).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-207.

1973 Ed., § 1-127.

Miscellaneous Notes

Fiscal year: See Historical and Statutory Notes following § 1-203.03.

DC CODE § 1-206.04

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Charter Referendum.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


On a date to be fixed by the Board of Elections, not more than five months after December 24, 1973 a referendum (in this part referred to as the "charter referendum") shall be conducted to determine whether the registered qualified electors of the District accept the charter set forth in subchapter IV of this chapter.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 701.)

DC CODE § 1-207.01

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Charter Referendum.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Board of Elections shall conduct the charter referendum and certify the results thereof as provided in this part.
</section>
<section prefix="b">
 Notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this subchapter, the applicable provision of part E of this subchapter shall govern the Board of Elections in the performance of its duties under this chapter.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 702.)

DC CODE § 1-207.02

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Charter Referendum.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The charter referendum ballot shall contain the following, with a blank space appropriately filled:
"The District of Columbia Home Rule Act, enacted _______, proposes to establish a charter for the governance of the District of Columbia, but provides that the charter shall take effect only if it is accepted by a majority of the registered qualified voters of the District voting on this issue.

"Indicate in one of the squares provided below whether you are for or against the charter.

"[ ] For the charter

"[ ] Against the charter.

"In addition, the Act referred to above authorizes the establishment of advisory neighborhood councils if a majority of the registered qualified voters of the District voting on this issue in this referendum vote for the establishment of such councils.

"Indicate in one of the squares provided below whether you are for or against the establishment of Advisory Neighborhood Councils.

"[ ] For Advisory Neighborhood Councils

"[ ] Against Advisory Neighborhood Councils."

</section>
<section prefix="b">
 Voting may be by paper ballot or by voting machine. The Board of Elections may make such changes in the second and fourth paragraphs of the charter referendum ballot as it determines to be necessary to permit the use of voting machines if such machines are used.
</section>
<section prefix="c">
 Not less than five days before the date of the charter referendum, the Board of Elections shall mail to each registered qualified elector (1) a sample of the charter referendum ballot, and (2) information showing the polling place of such elector and the date and hours of voting.
</section>
<section prefix="d">
 Not less than one day before the charter referendum, the Board of Elections shall publish, in one or more newspapers of general circulation published in the District, a list of the polling places and the date and hours of voting.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 703; Apr. 24, 1974, 88 Stat. 93, Pub. L. 93-272, § 1.)

DC CODE § 1-207.03

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Charter Referendum.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 If a majority of the registered qualified electors voting in the charter referendum vote for the charter, the charter shall be considered accepted as of the time the Board of Elections certifies the result of the charter referendum to the President of the United States, as provided in subsection (b) of this section.
</section>
<section prefix="b">
 The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referendum, certify the result of the charter referendum to the President of the United States and to the Secretary of the Senate and the Clerk of the House of Representatives.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 704.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Miscellaneous Notes

On May 17, 1974, the District of Columbia Board of Elections certified the results of the election of May 7, 1974, where a majority of the registered qualified voters of the District, voting on the issues of the establishment of the District Charter (subchapter IV of Chapter 2 of Title 1) and the establishment of Advisory Neighborhood Councils, voted in favor of both issues. See 21 DCR 651.

DC CODE § 1-207.04

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The District of Columbia Council, the Offices of Chairman of the District of Columbia Council, Vice Chairman of the District of Columbia Council, and the 7 other members of the District of Columbia Council, and the Offices of the Commissioner of the District of Columbia and Assistant to the Commissioner of the District of Columbia, as established by Reorganization Plan No. 3 of 1967, are abolished as of noon January 2, 1975. This section shall not be construed to reinstate any governmental body or office in the District abolished in said plan or otherwise heretofore.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 711.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-211.

1973 Ed., § 1-131.

DC CODE § 1-207.11

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


No function of the District of Columbia Council (established under Reorganization Plan No. 3 of 1967) or of the Commissioner of the District of Columbia which such District of Columbia Council or Commissioner has delegated to an officer, employee, or agency (including any body of or under such agency) of the District, nor any function now vested pursuant to § 501 of Reorganization Plan No. 3 of 1967 in the District Public Service Commission, Zoning Advisory Council, Board of Zoning Adjustment, Office of the Recorder of Deeds, or Armory Board, or in any officer, employee, or body of or under such agency, shall be considered as a function transferred to the Council pursuant to § 1-204.04(a). Each such function is hereby transferred to the officer, employee, or agency (including any body of or under such agency), to whom or to which it was delegated, or in whom or in which it has remained vested, until the Mayor or Council established under this chapter, or both, pursuant to the powers herein granted, shall revoke, modify, or transfer such delegation or vesting.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 712.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-212.

1973 Ed., § 1-132.

DC CODE § 1-207.12

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In each case of the transfer, by any provision of this chapter, of functions to the Council, to the Mayor, or to any agency or officer, there are hereby authorized to be transferred (as of the time of such transfer of functions) to the Council, to the Mayor, to such agency, or to the agency of which such officer is the head, for use in the administration of the functions of the Council or such agency or officer, the personnel (except the Commissioner of the District of Columbia, the Assistant to the Commissioner, the Chairman of the District of Columbia Council, the Vice Chairman of the District of Columbia Council, the other members thereof, all of whose officers are abolished by this chapter), property, records, and unexpended balances of appropriations and other funds which relate primarily to the functions so transferred.
</section>
<section prefix="b">
 If any question arises in connection with the carrying out of subsection (a) of this section, such questions shall be decided:
</section>
<section prefix="1">
 In the case of functions transferred from a Federal officer or agency, by the Director of the Office of Management and Budget; and
</section>
<section prefix="2">
 In the case of other functions (A) by the Council, or in such manner as the Council shall provide, if such functions are transferred to the Council, and (B) by the Mayor if such functions are transferred to him or to any other officer of agency.
</section>
<section prefix="c">
 Any of the personnel authorized to be transferred to the Council, the Mayor, or any agency by this section which the Council or the head of such agency shall find to be in excess of the personnel necessary for the administration of its or his function shall, in accordance with law, be retransferred to other positions in the District or Federal Government or be separated from the service.
</section>
<section prefix="d">
 No officer or employee shall, by reason of his transfer to the District government under this chapter or his separation from service under this chapter, be deprived of any civil service rights, benefits, and privileges held by him prior to such transfer or any right of appeal or review he may have by reason of his separation from service.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 818, Pub. L. 93-198, title VII, § 713.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-212.1.

1973 Ed., § 1-131 note.

DC CODE § 1-207.13

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Any statute, regulation, or other action in respect of (and any regulation or other action issued, made, taken, or granted by) any officer or agency from which any function is transferred by this chapter shall, except to the extent modified or made inapplicable by or under authority of law, continue in effect as if such transfer had not been made; but after such transfer, references in such statute, regulation, or other action to an officer or agency from which a transfer is made by this chapter shall be held and considered to refer to the officer or agency to which the transfer is made.
</section>
<section prefix="b">
 As used in subsection (a) of this section, the term "other action" includes, without limitation, any rule, order, contract, compact, policy, determination, directive, grant, authorization, permit, requirement, or designation.
</section>
<section prefix="c">
 Unless otherwise specifically provided in this chapter, nothing contained in this chapter shall be construed as affecting the applicability to the District government of personnel legislation relating to the District government until such time as the Council may otherwise elect to provide equal or equivalent coverage.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 819, Pub. L. 93-198, title VII, § 714.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-213.

1973 Ed., § 1-133.

DC CODE § 1-207.14

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this chapter; but the court, unless it determines that the survival of such suit, action, or other proceedings is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate.
</section>
<section prefix="b">
 No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this chapter, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 715.)

DC CODE § 1-207.15

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Until the 1st day of July next after the first Mayor takes office under this chapter no vacancy occurring in any District agency by reason of § 1-207.11, abolishing the offices of Commissioner of the District of Columbia and Assistant to the Commissioner, shall affect the power of the remaining members of such agency to exercise its functions; but such agency may take action only if a majority of the members holding office vote in favor of it.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 716.)

DC CODE § 1-207.16

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 All of the territory constituting the permanent seat of the Government of the United States shall continue to be designated as the District of Columbia. The District of Columbia shall remain and continue a body corporate, as provided in § 1-102. Said Corporation shall continue to be charged with all the duties, obligations, responsibilities, and liabilities, and to be vested with all of the powers, rights, privileges, immunities, and assets, respectively, imposed upon and vested in said Corporation or the Commissioner.
</section>
<section prefix="b">
 No law or regulation which is in force on January 2, 1975 shall be deemed amended or repealed by this chapter except to the extent specifically provided herein or to the extent that such law or regulation is inconsistent with this chapter, but any such law or regulation may be amended or repealed by act or resolution as authorized in this chapter, or by Act of Congress, except that, notwithstanding the provisions of § 1-207.52, such authority to repeal shall not be construed as authorizing the Council to repeal or otherwise alter, by amendment or otherwise, any provision of subchapter III of chapter 73 of title 5, United States Code in whole or in part.
</section>
<section prefix="c">
 Nothing contained in this section shall affect the boundary line between the District of Columbia and the Commonwealth of Virginia as the same was established or may be subsequently established under the provisions of title I of the Act of October 31, 1945 (59 Stat. 552).
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 717.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., §§ 1-101(b), 1-102(b).

DC CODE § 1-207.17

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The District of Columbia Court of Appeals, the Superior Court of the District of Columbia, and the District of Columbia Commission on Judicial Disabilities and Tenure shall continue as provided under the District of Columbia Court Reorganization Act of 1970 subject to the provisions of part C of subchapter IV of this chapter and § 1-206.02(a)(4).
</section>
<section prefix="b">
 The term and qualifications of any judge of any District of Columbia court, and the term and qualifications of any member of the District of Columbia Commission on Judicial Disabilities and Tenure appointed prior to the effective date of subchapter IV of this chapter shall not be affected by the provisions of part C of subchapter IV of this chapter. No provision of this chapter shall be construed to extend the term of any such judge or member of such Commission. Judges of the District of Columbia courts and members of the District of Columbia Commission on Judicial Disabilities and Tenure appointed after the effective date of subchapter IV of this chapter shall be appointed according to part C of such subchapter IV.
</section>
<section prefix="c">
 Nothing in this chapter shall be construed to amend, repeal, or diminish the duties, rights, privileges, or benefits accruing under §§ 11-1561 through 11-1571 and §§ 11-703 and 11-904, dealing with the retirement and compensation of the judges of the District of Columbia courts.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 820, Pub. L. 93-198, title VII, § 718.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., Title 11, appx., § 718.

1973 Ed., Title 11, appx., § 718.

DC CODE § 1-207.18

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Succession in Government.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The term of any member elected to the District of Columbia Board of Education, and the powers and duties of the Board of Education shall not be affected by the provisions of § 1-204.95. No provision of such section shall be construed to extend the term of any such member or to terminate the term of any such member.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 719.)

DC CODE § 1-207.19

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Temporary Provisions.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The President of the United States is hereby authorized and requested to take such action during the period following the date of the enactment of this chapter and ending on the date of the first meeting of the Council, by Executive Order or otherwise, with respect to the administration of the functions of the District government, as he deems necessary to enable the Board of Elections properly to perform its function under this chapter.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 721.)

DC CODE § 1-207.21

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Temporary Provisions.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Secretary of the Treasury is authorized to advance to the District of Columbia the sum of $750,000, out of any money in the Treasury not otherwise appropriated, for use (1) in the paying the expenses of the Board of Education (including compensation of the members thereof), and (2) in otherwise carrying into effect the provisions of this chapter.
</section>
<section prefix="b">
 The full amount expended out of the money advanced pursuant to this section shall be reimbursed to the United States, without interest, during the second fiscal year which begins after January 2, 1975, from the general fund of the District.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 722.)

DC CODE § 1-207.22

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Temporary Provisions.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Mayor is authorized to accept loans for the District from the Treasury of the United States, and the Secretary is authorized to lend to the Mayor, such sums as the Mayor may determine are required to complete capital projects for which construction and construction services funds have been authorized or appropriated, as the case may be, by Congress prior to October 1, 1983, or the date of the enactment of the appropriation act for the fiscal year ending September 30, 1984, for the government of the District of Columbia, whichever is later. In addition, such loans may include funds to pay the District's share of the cost of the adopted regional system specified in the National Capital Transportation Act of 1969.
</section>
<section prefix="b">
 Loans advanced pursuant to this section during any six-month period shall be at a rate of interest determined by the Secretary as of the beginning of such period, which, in his judgment, would reflect the cost of money to the Treasury for borrowing at a maturity approximately equal to the period of time the loan is outstanding.
</section>
<section prefix="c">
 Subject to the limitations contained in § 1-206.03(b), there is authorized to be appropriated to make loans under this section the sum of $155,000,000 for the fiscal year ending September 30, 1982, the sum of $155,000,000 for the fiscal year ending on September 30, 1983, and the sum of $155,000,000 for the fiscal year ending on September 30, 1984.
</section>
<section prefix="d">
 The authority contained in this section to make loans shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriations acts.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 723. Amended, Oct. 13, 1977, 91 Stat. 1155, Pub. L. 95-131, § 1.)

DC CODE § 1-207.23

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Temporary Provisions.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In order to provide continuity in the government of the District of Columbia during the transition from the appointed government to the elected government provided for under this chapter, no person employed by the United States or by the government of the District of Columbia shall be prohibited by reason of such employment:
</section>
<section prefix="1">
 From being a candidate in the first primary election and general election held under this chapter for the office of Mayor or Chairman or member of the Council of the District of Columbia provided for under subchapter IV; and
</section>
<section prefix="2">
 If such a candidate, from taking an active part in political management or political campaigns in any election referred to in paragraph (1) of this subsection.
</section>
<section prefix="b">
 Such candidacy shall be deemed to have commenced on the day such person obtains from the Board of Elections an official nominating petition with his name stamped thereon, and shall terminate:
</section>
<section prefix="1">
 In the case of such candidate who ceases to be eligible as a nominee for the office with respect to which such petition was obtained by reason of his inability or failure to qualify as a bona fide nominee prior to the expiration of the final date for filing such petition under the election laws of the District of Columbia, on the day following such expiration date;
</section>
<section prefix="2">
 In the case of such candidate who is elected to any such office with respect to which such nominating petition was obtained, on the day such candidate takes office following the election held with respect thereto;
</section>
<section prefix="3">
 In the case of such candidate who is defeated in a primary election held to nominate candidates for the office with respect to which such nominating petition was obtained, on the expiration of the thirty-day period following the date of such primary election; and
</section>
<section prefix="4">
 In the case of such candidate who fails to be elected in a general election to any such office with respect to which such nominating petition was obtained, on the expiration of the thirty-day period following the date of such election.
</section>
<section prefix="c">
 The provisions of this section shall terminate as of January 2, 1975
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 779, Pub. L. 93-198, title VII, § 724, as added, April 17, 1974, 88 Stat. 85, Pub. L. 93-268, § 3.)

DC CODE § 1-207.24

Current through December 11, 2012



</section>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Miscellaneous.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 To prevent duplication and to promote efficiency and economy, an officer or employee of:
</section>
<section prefix="1">
 The United States government may provide services to the District of Columbia government; and
</section>
<section prefix="2">
 The District of Columbia government may provide services to the United States government.
</section>
<section prefix="b">
(1) Services under this section shall be provided under an agreement:
</section>
<section prefix="A">
 Negotiated by officers and employees of the 2 governments; and
</section>
<section prefix="B">
 Approved by the Director of the Office of Management and Budget and the Mayor of the District of Columbia.
</section>
<section prefix="2">
 Each agreement shall provide that the cost of providing the services shall be borne in the way provided in subsection (c) of this section by the government to which the services are provided at rates or charges based on the actual cost of providing the services.
</section>
<section prefix="3">
 To carry out an agreement made under this subsection, the agreement may provide for the delegation of duties and powers of officers and employees of:
</section>
<section prefix="A">
 The District of Columbia government to officers and employees of the United States government; and
</section>
<section prefix="B">
 The United States government to officers and employees of the District of Columbia government.
</section>
<section prefix="c">
 In providing services under an agreement made under subsection (b) of this section:
</section>
<section prefix="1">
 Costs incurred by the United States government may be paid from appropriations available to the District of Columbia government officer or employee to whom the services were provided; and
</section>
<section prefix="2">
 Costs incurred by the District of Columbia government may be paid from amounts available to the United States government officer or employee to whom the services were provided.
</section>
<section prefix="d">
 When requested by the Director of the United States Secret Service Division, the Chief of the Metropolitan Police shall assist the Secret Service and the United States Secret Service Uniformed Division on a non-reimbursable basis in carrying out their protective duties under § 202 of Title 3 of the United States Code and § 3056 of Title 18 of the United States Code.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 822, Pub. L. 93-198, title VII, § 731; Sept. 13, 1982, 96 Stat. 934, Pub. L. 97-258, § 1 [Chapter 15, subchapter III, § 1537], 4(a), and § 5(b).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., §§ 1-1131, 1-1131.1.

1973 Ed., § 1-826.

DC CODE § 1-207.31

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Miscellaneous.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


Any officer or employee of the District who is convicted of a violation of § 208 of Title 18, United States Code, shall forfeit his office or position.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 822, Pub. L. 93-198, title VII, § 732.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-1133.

1973 Ed., § 1-828.

DC CODE § 1-207.32

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Miscellaneous.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Except as provided in this chapter, no person shall be ineligible to serve or to receive compensation as a member of the Board of Elections because he occupies another office or position or because he receives compensation (including retirement compensation) from another source.
</section>
<section prefix="b">
 The right to another office or position or to compensation from another source otherwise secured to such a person under the laws of the United States shall not be abridged by the fact of his service or receipt of compensation as a member of such Board, if such service does not interfere with the discharge of his duties in such other office or position.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 822, Pub. L. 93-198, title VII, § 733; Aug. 14, 1974, 88 Stat. 458, Pub. L. 93-376, title III, § 306(a).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-1305.

1973 Ed., § 1-1104a.

Legislative History of Laws

For legislative history of D.C. Law 4-88, see Historical and Statutory Notes following § 1-1001.01.

DC CODE § 1-207.33

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Miscellaneous.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


The United States Civil Service Commission is hereby authorized to advise and assist the Mayor and the Council in the further development of the merit system or systems required by § 1-204.22(3) and the said Commission is authorized to enter into agreements with the District government to make available its registers of eligibles as a recruiting source to fill District positions as needed. The costs of any specific services furnished by the Civil Service Commission may be compensated for under the provisions of § 1-207.31.

CREDIT(S)

(Dec. 24, 1973, 87 Stat. 823, Pub. L. 93-198, title VII, § 734.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 1-515.

1973 Ed., § 1-322.

References in Text

"§ 1-1131 [§ 1-207.31, 2001 Ed.]", referred to at the end of the last sentence of this section, was repealed by § 5(b) of the Act of September 13, 1982, Pub. L. 97-258.

Present provisions similar to repealed § 1-207.31 are codified at 31 U.S.C. § 1537.

Miscellaneous Notes

Definitions applicable: The definitions contained in § 1-201.03 apply to this section.

DC CODE § 1-207.34

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Miscellaneous.</unit>
</structure>
<text>
<section>

District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
</history>
HISTORICAL AND STATUTORY NOTES

Miscellaneous Notes

The text of § 1-207.35 is omitted because the corresponding text of section 735 of Public Law 93-198 amended another law.

DC CODE § 1-207.35

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Miscellaneous.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 In addition to the audit carried out under § 1-204.55, the Comptroller General each year shall audit the accounts and operations of the District of Columbia government. An audit shall be carried out according to principles, under regulations, and in a way the Comptroller General prescribes. When prescribing the procedures to follow and the extent of the inspection of records, the Comptroller General shall consider generally accepted principles of auditing, including the effectiveness of accounting organizations and systems, internal audit and control, and related administrative practices.
</section>
<section prefix="b">
 The Comptroller General shall submit each audit report to Congress and (other than the audit reports of the District of Columbia Courts) the Mayor and Council of the District of Columbia. The report shall include the scope of an audit, information the Comptroller General considers necessary to keep Congress, the Mayor, and the Council informed of operations audited, and recommendations the Comptroller General considers advisable.
</section>
<section prefix="c">
(1) By the 90th day after receiving an audit report from the Comptroller General, the Mayor shall state in writing to the Council measures the District of Columbia government is taking to comply with the recommendations of the Comptroller General. A copy of the statement shall be sent to Congress.
</section>
<section prefix="2">
 After the Council receives the statement of the Mayor, the Council may make available for public inspection the report of the Comptroller General and other material the Council considers pertinent.
</section>
<section prefix="d">
 To carry out this section, records and property of or used by the District of Columbia government necessary to make an audit easier shall be made available to the Comptroller General. The Mayor shall provide facilities to carry out an audit.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 822, Pub. L. 93-198, title VII, § 736; Sept. 13, 1982, 96 Stat. 934, Pub. L. 97-258, § 1, 4(a), and 5(b).)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 47-118.1.

DC CODE § 1-207.36

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Miscellaneous.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 Subject to 31 U.S.C. § 1537, the Mayor, with the approval of the Council, and the Director of the Office of Management and Budget, is authorized and empowered to enter into an agreement or agreements concerning the manner and method by which amounts owed by the District to the United States, or by the United States to the District, shall be ascertained and paid.
</section>
<section prefix="b">
 The United States shall reimburse the District for necessary expenses incurred by the District in connection with assemblages, marches, and other demonstrations in the District which relate primarily to the federal government. The manner and method of ascertaining and paying the amounts needed to so reimburse the District shall be determined by agreement entered into in accordance with subsection (a) of this section.
</section>
<section prefix="c">
 Each officer and employee of the District required to do so by the Council shall provide a bond with such surety and in such amount as the Council may require. The premiums for all such bonds shall be paid out of appropriations for the District.
CREDIT(S)

(Dec. 24, 1973, 87 Stat. 824, Pub. L. 93-198, title VII, § 737; Apr. 12, 2000, D.C. Law 13-91, § 116, 47 DCR 520.)

</section>
</history>
HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., §§ 1-302, 1-1132.

1973 Ed., §§ 1-213c, 1-827.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), substituted "31 U.S.C. § 1537" for "§ 1- 1131.1".

Legislative History of Laws

For Law 13-91, see notes following § 2-201.01.

DC CODE § 1-207.37

Current through December 11, 2012




</history>
</law>
<law>
<structure>
	<unit label="division">Government of District.</unit>
	<unit label="chapter">District of Columbia Home Rule.</unit>
	<unit label="subchapter">Referendum; Succession in Government; Temporary Provisions; Miscellaneous; Amendments to District of Columbia Elections Act; Rules of Construction; and Effective Dates.</unit>
	<unit label="part">Miscellaneous.</unit>
</structure>
<text>
<section>


District of Columbia Official Code 2001 Edition Currentness
Title 1. Government Organization. (Refs & Annos)


</section>
<section prefix="a">
 The Council shall by act divide the District into neighborhood commission areas and, upon receiving a petition signed by at least 5 per centum of the registered qualified electors of a Neighborhood Commission area, shall establish for that neighborhood an elected Advisory Neighborhood Commission. In designating such neighborhoods, the Council shall consider natural geographic boundaries, election districts, and divisions of the District made for the purpose of administration of services.
</section>
<section prefix="b">
 Elections for members of each Advisory Neighborhood Commission shall be nonpartisan, and shall be administered by the Board of Elections and Ethics. Advisory Neighborhood Commission members shall be elected from single-member districts within each neighborhood commission area by the registered qualified electors of such district.
</section>
<section prefix="c">
 Each Advisory Neighborhood Commission:
</section>
<section prefix="1">
 May advise the District government on matters of public policy including decisions regarding planning, streets, recreation, social services programs, health, safety, and sanitation in that neighborhood commission area;
</section>
<section prefix="2">
 May employ staff and expend, for public purposes within its neighborhood commission area, public funds and other funds donated to it; and
</section>
<section prefix="3">
 Shall have such other powers and duties as may be provided by act of the Council.
</section>
<section prefix="d">
 In the manner provided by act of the Council, in addition to any other notice required by law, timely notice shall be given to each Advisory Neighborhood Commission of requested or proposed zoning changes, variances, public improvements, licenses, or permits of significance to neighborhood planning and development within its neighborhood commission area for its review, comment, and recommendation.
</section>
<section prefix="e">
 In order to pay the expenses of the Advisory Neighborhood Commissions, enable them to employ such staff as may be necessary, and to conduct programs for the welfare of the people in a neighborhood commission area, the District government shall allot funds to the Advisory Neighborhood Commissions out of the general revenues of the District. The funding apportioned to each Advisory Neighborhood Commission shall bear the same ratio to the full sum allotted as the population of the neighborhood bears to the population of the District. The Council may authorize additional methods of financing Advisory Neighborhood Commissions.
</section>
<section prefix="f">
 The Council shall by act make provisions for the handling of funds and acc