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District of Columbia Official Code 2001 Edition. |
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Division I. Government of District. |
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Title 1. Government Organization. |
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Chapter 1. District of Columbia Government Development. |
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Subchapter II. Statehood. |
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Part A. Constitutional Convention Initiative. |
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Subpart II. District of Columbia Statehood Delegation Fund Commission.
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For the purposes of this subpart, the term:
(1) "Commission" means the District of Columbia Statehood Delegation Fund Commission.
(2) "District of Columbia Statehood Delegation" means the 2 United States Senators and the United States Representative holding office pursuant to § 1-123.
(3) "Fund" means the Statehood Delegation Fund established by § 1-129.08.
(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.
(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.
(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.
(Mar. 10, 1981, D.C. Law 3-171, § 11, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
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.
(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.
(b) The general purposes of the Commission are to:
(1) Provide financial assistance to the office functions of the offices of the District of Columbia Statehood Delegation;
(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
(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.
(c) The fiscal year of the Commission shall be the fiscal year of the District government.
(Mar. 10, 1981, D.C. Law 3-171, § 12, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
(a) The Commission shall consist of 9 voting members to be appointed as follows:
(1) Five members appointed by the Mayor;
(2) Four members appointed by the Chairman of the Council, with the advice and consent of the Council.
(b)(1) The Commission Chairman shall be chosen by the Mayor.
(2) The Commission Vice Chairman shall be chosen by the Chairman of the Council.
(3) The Commission shall elect from among its members such other officers of the Commission as it determines appropriate.
(4) Officers shall have such duties, not inconsistent with this subpart, provided in the bylaws and as otherwise determined by the Commission.
(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.
(d) Commissioners shall meet the following requirements:
(1) All shall reside in the District of Columbia;
(2) None shall be employees of the District or federal governments; and
(3) None shall concurrently:
(A) Hold office as a member of the District of Columbia Statehood Delegation; or
(B) Be employed by a member of the District of Columbia Statehood Delegation.
(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.
(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.
(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.
(h) A majority of the number of Commission members serving shall constitute a quorum for the conduct of business.
(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.
(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.
(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.
(Mar. 10, 1981, D.C. Law 3-171, § 13, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
(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:
(1) Each Commissioner may speak, hear, and be heard by the other Commission members; and
(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.
(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.
(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.
(Mar. 10, 1981, D.C. Law 3-171, § 14, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
(a)(1) Chapter 6 of Title 1 shall not apply to employees of the Commission.
(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.
(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.
(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.
(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.
(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.)
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.
(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.
(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.
(Mar. 10, 1981, D.C. Law 3-171, § 16, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
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.
(Mar. 10, 1981, D.C. Law 3-171, § 17, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
(a) There is established a Statehood Delegation Fund, which shall be operated and maintained by the Commission in accordance with generally accepted accounting principles.
(b) The Commission shall solicit contributions, appropriations, and grants to and for the benefit of the Fund from public and private sources.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(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.
(Mar. 10, 1981, D.C. Law 3-171, § 18, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
(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.
(b)(1) Fund monies shall not be used by members of the District of Columbia Statehood Delegation for:
(A) Campaign expenses related to any election, local or national;
(B) Any contributions to any candidate for federal or non-federal office;
(C) Any personal expenses, or travel expenses not closely and directly related to the office the member holds; or
(D) Any personal salary, or stipend.
(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.
(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.
(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.)
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.
The Commission shall not expend funds:
(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;
(2) To influence the outcome of any election, national or local;
(3) To political parties; or
(4) To other organizations of any kind to support the lobbying efforts of any group or organization.
(Mar. 10, 1981, D.C. Law 3-171, § 20, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
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.
(Mar. 10, 1981, D.C. Law 3-171, § 21, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
(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.
(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.".
(Mar. 10, 1981, D.C. Law 3-171, § 22, as added Mar. 16, 2005, D.C. Law 15-226, § 102, 51 DCR 10539.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 15-226, see notes following § 1-129.01.
