2001 DC Code, Volume 01, June 2014 Supplement

2014·4.5 MB·English

by  District of Columbia

OF COLUMBIA
DISTRICT
CODE
OFFICIAL
EDITION
2001
Volume
1
District of Columbia
Self-Government and
Governmental Reorganization Act
Public Law 93-198
(1973 Version)
JUNE SUPPLEMENT
2014
LexisNexis
COPYRIGHT ©
2014
By
The District of Columbia
All Rights Reserved.
5441411
ISBN 978-0-7698-6575-1 (Volume 1)
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COUNCIL OF THE DISTRICT OF
COLUMBIA
Phil Mendelson, Chairman
Yvette M. Alexander Jack Evans
Marion Barry Jim Graham
Anita Bonds David Grosso
Muriel Bowser Kenyan R. McDuffie
David A. Catania Vincent B. Orange, Sr.
Mary M. Cheh Tommy Wells
OFFICE OF THE GENERAL
COUNSEL
Under Whose Direction This
Volume Has Been Prepared
V. David Zvenyach, General Counsel
John Hoellen, Legislative Counsel
Benjamin F. Bryant, Jr., Codification Counsel
Karen R. Barbour, Legal Assistant
*
iii

PREFACE
These annual cumulative pocket parts update the District of Columbia
Official Code, 2001 Edition, with permanent, temporary, and emergency
legislation and judicial constructions contained in annotations. These pocket
parts contain the Laws, general and permanent in their nature, relating to or
in force in the District of Columbia (except such laws as are of application in
the General and Permanent Laws of the United States) in effect as ofApril 1,
2014.
This Supplement also updates the D.C. Code annotations by including notes
taken from District of Columbia cases appearing in the following sources:
Atlantic Reporter, 3d Series Supreme Court Reporter Federal Reporter, 3d
Series Federal Supplement, 2d Series Bankruptcy Reporter.
Current legislation between pamphlets or pocket parts can be accessed
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June, 2014 LexisNexis
V
Digitized by the Internet Archive
2014
in
https://archive.org/details/govlawdccode2001s012014
DISTRICT OF COLUMBIA SELF-GOVERNMENT
AND GOVERNMENTAL REORGANIZATION ACT
AN ACT
To reorganize the governmental structure of the District of Columbia, to
provide a charter for local government in the District of Columbia subject to
acceptance by a majority of the registered qualified electors in the District of
Columbia, to delegate certain legislative powers to the local government, to
implement certain recommendations ofthe commission on the organization of
the government of the District of Columbia, and for other purposes.
(Approved, Dec. 24, 1973, 87 Stat. 774, Pub. L. 93-198.)
Be it enacted by the Senate and House ofRepresentatives ofthe
United States ofAmerica in Congress assembled,
TABLE OF CONTENTS
Title I Sec. 413. Investigations by the Council.
Short Title, Purposes, and Definitions PART B—THE MAYOR
Sec. 101. Short title. Sec. 421. Election, qualifications, vacancy, and
Sec. 102. Statement of purposes.
compensation.
Sec. 103. Definitions.
Sec. 422. Powers and duties.
Title II Sec. 423. Municipal planning.
Governmental Reorganization PART C—THE JUDICIARY
Sec. 201. Redevelopment Land Agency. Sec. 431. Judicial powers.
Sec. 202. National Capital HousingAuthority. Sec. 432. Removal, suspension, and involun-
Sec. 203. National Capital Planning Commis-
tary retirement.
sion and municipal planning. Sec. 433. Nomination and appointment of
Sec. 204. District of Columbia Manpower Ad-
judges.
ministration. Sec. 434. District of Columbia Judicial Nomi-
nation Commission.
Title III
District Charter Preamble, Legislative Power, PART D—DISTRICT BUDGET AND
and Charter Amending Procedure FINANCIAL MANAGEMENT
—
Sec. 301. District Charter preamble. Subpart 1 Budget and Financial
Sec. 302. Legislative power. Management
Sec. 303. Charter amending procedure.
Sec. 441. Fiscal year.
Title IV Sec. 442. Submission of annual budget.
The District Charter Sec. 443. Multiyear plan.
PART A—THE COUNCIL Sec. 444. Multiyear capital improvements
plan.
Subpart 1—Creation of the Council Sec. 445. District of Columbia courts' budget.
Sec. 446. Enactment of appropriations by
Sec. 401. Creation and membership. Congress.
Sec. 402. Qualifications for holding office. Sec. 447. Consistency of budget, accounting,
Sec. 403. Compensation. and personnel systems.
Sec. 404. Powers of the Council. Sec. 448. Financial duties of the Mayor.
— Sec. 449. Accounting supervision and control.
Subpart 2 Organization and Procedure of
Sec. 450. General and special funds.
the Council
Sec. 451. Contracts extending beyond one
Sec. 411. The Chairman. year.
Sec. 412. Acts, resolutions, and requirements Sec. 452. Annual budget for the Board of Ed-
for quorum. ucation.
1
—
Subpart 2 Audit Sec. 604. Congressional action on certain Dis-
trict matters.
Sec. 455. District of Columbia Auditor.
— Title VII
Subpart 1 Borrowing
Referendum; Succession in Government;
Sec. 461. District's authority to issue and re- Temporary Provisions; Miscellaneous;
deem general obligation bonds for Amendments to District of Columbia Election
capital projects. Act; Rules of Construction; and Effective
Sec. 462. Contents of borrowing legislation. Dates
Sec. 463. Publication ofborrowing legislation.
PART A—CHARTER REFERENDUM
Sec. 464. Short period of limitation.
Sec. 465. Acts for issuance of general obliga-
Sec. 701. Referendum.
tion bonds.
Sec. 702. Board of Elections authority.
Sec. 466. Public sale.
Sec. 703. Referendum ballot and notice ofvot-
—
Subpart 2 Short-Term Borrowing ing.
Sec. 704. Acceptance ofnonacceptance ofchar-
Sec. 471. Borrowing to meet appropriations.
ter.
Sec. 472. Borrowing in anticipation of reve-
nues. PART B—SUCCESSION IN GOVERNMENT
Sec. 473. Notes redeemable prior to maturity.
Sec. 711. Abolishment of existing government
Sec. 474. Sales of notes.
and transfer of functions.
—
Subpart 3 Payment of Bonds and Notes Sec. 712. Certain delegated functions and
functions of certain agencies.
Sec. 481. Special tax. Sec. 713. Transfer of personnel property and
—
Subpart 4 Tax Exemption; Legal funds.
Investment; Water Sec. 714. Existing statutes, regulations, and
Pollution; Reservoirs; Metro Contributions; other actions.
and Revenue Bonds Sec. 715. Pending actions and proceedings.
Sec. 716. Vacancies resulting from abolish-
Sec. 485. Tax exemption. ment of offices of Commissioner and
Sec. 486. Legal investment. Assistant to the Commissioner.
Sec. 487. Water pollution. Sec. 717. Status of the District.
Sec. 488. Cost ofreservoirs on Potomac River. Sec. 718. Continuation of the District of Co-
Sec. 489. District's contributions to the Wash- lumbia court system.
ington Metropolitan Area Transit Sec. 719. Continuation ofthe Board ofEduca-
Authority. tion.
Sec. 490. Revenue bonds and other obliga-
PART C—TEMPORARY PROVISIONS
tions.
PART F—INDEPENDENT AGENCIES Sec. 721. Powers ofthe President during tran-
sitional period.
Sec. 491. Board of Elections. Sec. 722. Reimbursable appropriations for the
Sec. 492. Zoning Commission. District.
Sec. 493. Public Service Commission. Sec. 723. Interim loan authority.
Sec. 494. Armory Board.
PART D—MISCELLANEOUS
Sec. 495. Board of Education.
Title V Sec. 731. Agreements with United States.
Sec. 732. Personal interest in contracts or
Federal Payment
transactions.
Sec. 501. Duties of the Mayor, Council, and Sec. 733. Compensation from more than one
Federal Office of Management and source.
Budget. Sec. 734. Assistance ofthe United States Civil
Sec. 502. Authorization of appropriations. Service Commission in development
of District merit system.
Title VI Sec. 735. Revenue sharing restrictions.
Sec. 736. Independent audit.
Reservation of Congressional Authority
Sec. 737. Adjustments.
Sec. 601. Retention of constitutional author- Sec. 738. Advisory neighborhood councils.
ity. Sec. 739. National Capital Service Area.
Sec. 602. Limitations on the Council. Sec. 740. Emergency control of police.
Sec. 603. Budget process; limitations on bor- Sec. 741. Holding office in the District.
rowing and spending. Sec. 742. Open meetings.
2
Sec. 743. Termination ofthe District's author PART F—RULES OF CONSTRUCTION
ity to borrow from the Treasury.
PART E—AMENDMENTS TO THE Sec. 761. Construction.
DISTRICT OF COLUMBIA ELECTION ACT
G—
PART EFFECTIVE DATES
Sec. 751. Amendments.
Sec. 752. District Council authority over elec Sec. 771. Effective dates.
tions.
—
TITLE SHORT TITLE, PURPOSES, AND
I
DEFINITIONS
SHORT TITLE
Sec. 101. This Act may be cited as the "District of Columbia Self-Govern-
ment and Governmental Reorganization Act".
STATEMENT OF PURPOSES
Sec. 102. (a) Subject to the retention by Congress of the ultimate legisla-
tive authority over the Nation's Capital granted by article I, section 8, of the
Constitution, the intent ofCongress 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; to modernize, reorganize, and otherwise improve the governmen-
tal 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.
(b) Congress further intends to implement certain recommendations of the
Commission on the Organization of the Government of the District of Colum-
bia and take certain other actions irrespective of whether the charter for
greater self-government provided for in title IV of this Act is accepted or
rejected by the registered qualified electors of the District of Columbia.
DEFINITIONS
—
Sec. 103. For the purposes of this Act
(1) The term "District" means the District of Columbia.
(2) The term "Council" means the Council of the District of Columbia
A
provided for by part of title IV.
(3) The term "Commissioner" means the Commissioner of the District of
Columbia established under Reorganization Plan Numbered 3 of 1967.
(4) The term "District of Columbia Council" means the Council of the
District of Columbia established under Reorganization Plan Numbered 3 of
1967.
(5) The term "Chairman" means, unless otherwise provided in this Act,
A
the Chairman of the Council provided for by part of title IV.
(6) The term "Mayor" means the Mayor provided for by part B of title IV
3
(7) The term "act" includes any legislation passed by the Council, except
where the term "Act" is used to refer to thisAct or otherActs ofCongress herein
specified.
(8) The term "capital project" means (A) any physical public betterment or
improvement and any preliminary studies and surveys relative thereto; (B) the
acquisition of property of a permanent nature; or (C) the purchase of equip-
ment for any public betterment or improvement when first erected or acquired.
(9) The term "pending", when applied to any capital project, means
authorized but not yet completed.
(10) The term "District revenues" means all funds derived from taxes,
fees, charges, and miscellaneous receipts, including all annual Federal pay-
ments to the District authorized by law, and from the sale of bonds.
(11) The term "election", unless the context otherwise provides, means an
election held pursuant to the provisions of this Act.
(12) The terms "publish" and "publication", unless otherwise specifically
provided herein, mean publication in a newspaper ofgeneral circulation in the
District.
(13) The term "District of Columbia courts" means the Superior Court of
the District of Columbia and the District of Columbia Court ofAppeals.
(14) The term "resources" means revenues, balances, revolving funds,
funds realized from borrowing, and the District share of Federal grant
programs.
(15) The term "budget" means the entire request for appropriations and
loan or spending authority for all activities of all agencies of the District
financed from all existing or proposed resources and shall include both
operating and capital expenditures.
—
TITLE GOVERNMENTAL REORGANIZATION
II
REDEVELOPMENT LAND AGENCY
Sec. 201. The District of Columbia Redevelopment Act of 1945 (D.C. Code,
—
sees. 5-701 5-719) is amended as follows:
(a) Subsection (a) of section 4 of such Act (D.C. Code, sec. 5-703(a)) is
amended to read as follows:
"(a) The District of Columbia Redevelopment Land Agency is hereby
established as an instrumentality ofthe District ofColumbia government, and
shall be composed of five members appointed by the Commissioner of the
District of Columbia (hereinafter referred to as the 'Commissioner'), with the
advice and consent of the Council of the District of Columbia (hereinafter
referred to as the 'Council'). The Commissioner shall name one member as
chairman. No more than two members may be officers of the District of
Columbia government. Each member shall serve for a term offive years except
that of the members first appointed under this section, one shall serve for a
term of one year, one shall serve for a term of two years, one shall serve for a
term ofthree years, one shall serve for a term offour years, and one shall serve
for a term of five years, as designated by the Commissioner. The terms of the
4