A free public library is hereby established and shall be maintained in the District of Columbia which shall be the property of the said District and a supplement of the public educational system of said District. Said library shall consist of a central library and such number of branch libraries so located and so supported as to furnish books and other printed matter and information service convenient to the homes and offices of all residents of the said District. All actions relating to such library, or for the recovery of any penalties lawfully established in relation thereto, shall be brought in the name of the District of Columbia; and the Mayor of said District is further authorized to receive, as component parts of said library, collections of books and other publications that may be transferred to him.
(June 3, 1896, 29 Stat. 244, ch. 315, § 1; Apr. 1, 1926, 44 Stat. 229, ch. 98, § 1; Mar. 14, 2007, D.C. Law 16-268, § 5(a), 54 DCR 833; Mar. 25, 2009, D.C. Law 17-353, § 160(b), 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 37-101.
1973 Ed., § 37-101.
Effect of Amendments
D.C. Law 16-268, in the third sentence, deleted the phrase "and the Mayor of the said District is authorized on behalf of said District to accept and take title to all gifts, bequests, and devises for the purpose of aiding in the maintenance or endowment of said library" following "District of Columbia".
D.C. Law 17-353 substituted "District of Columbia which" for "District of Columbia, which".
Temporary Addition of Section
Section 2 of D.C. Law 18-3 added a section to read as follows:
"Sec. 2. Library closing plan.
"(a) The Board of Library Trustees and the District of Columbia Public Library shall submit a library closing plan ("plan") to the Council, for a 45-day period of review, prior to the closing of current library services at R.L. Christian Library, located at 1300 H Street, N.E., in Ward 6, and Langston Library, located at 2600 Benning Road, N.E., in Ward 5.
"(b) The 45-day period of review shall exclude Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the plan by resolution, after a public hearing, within the 45-day review period, the proposed plan shall be deemed approved."
Section 4(b) of D.C. Law 18-3 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) facility planning and construction for public libraries provisions, see §§ 4042, 4044, 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) maximization of federal and private grants provisions, see § 4052 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) facility planning and construction for public libraries provisions, see §§ 4042, 4044, 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) maximization of federal and private grants provisions, see § 4052 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) addition, see § 2 of Library Kiosk Services Emergency Act of 2009 (D.C. Act 18-8, January 29, 2009, 56 DCR 1636).
Legislative History of Laws
Law 16-268, the "Public Charter School Assets and Facilities Preservation Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-624, which was referred to Committee on Education, Libraries and Recreation. The Bill was adopted on first and second readings on December 6, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-624 and transmitted to both Houses of Congress for its review. D.C. Law 16-268 became effective on March 14, 2007.
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.
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 (see Reorganization Plans in Volume 1) 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
Short title of subtitle C of title IV of Law 15-205: Section 4041 of D.C. 15- 205 provided that subtitle C of title IV of the act may be cited as the District of Columbia Public Library Facilities Amendment Act of 2004.
Sections 4042 and 4044 of D.C. Law 15-205 provide:
"Sec. 4042. Facility Planning and Construction for Public Libraries.
"Facilities planning for the Georgetown, Petworth, Southeast, Mount Pleasant and Francis Gregory Libraries shall occur in fiscal year 2005 through the cooperation of the District of Columbia Public Libraries, the Office of Property Management and the Department of Recreation. Facilities planning shall incorporate considerations of literacy activities at existing libraries and recreation centers.
"Sec. 4044. Effective date.
"This subtitle [subtitle C of title IV of D.C. Law 15-205] shall be effective October 1, 2005."
Short title of subtitle D of title IV of Law 15-205: Section 4051 of D.C. 15- 205 provided that subtitle D of title IV of the act may be cited as the Maximize Collections of Federal and Private Grants Act of 2004.
Maximization of Federal and Private Grant Acquisition. Section 4052 of D.C. Law 15-205 provides: "To support the effective use of local dollars, the District of Columbia Public Schools, District of Columbia Public Charter Schools, the University of the District of Columbia, the Department of Parks and Recreation and the District of Columbia Public Library shall each provide a detailed plan for maximizing the federal and private grants received by the agencies and provide a report to the Council of their efforts to pursue grants and maximize those opportunities by November 1, 2004."
In order to make the said library an effective supplement of the public educational system of the said District and to furnish the system of branch libraries provided for in § 39-101, the Board of Library Trustees, hereinafter provided, is authorized to enter into agreements with the Board of Education of the said District for the establishment and maintenance of branch libraries in suitable rooms in such public-school buildings of the said District as will supplement the central library and branch libraries in separate buildings. The Board of Library Trustees, hereinafter provided, is authorized within the limits of appropriations first made therefor, to rent suitable buildings or parts of buildings for use as branch libraries and distributing stations.
(June 3, 1896, 29 Stat. 244, ch. 315, § 2; Apr. 1, 1926, 44 Stat. 229, ch. 98, § 2.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 37-102.
1973 Ed., § 37-102.
All persons who are permanent or temporary residents of the District of Columbia shall be entitled to the privileges of the District of Columbia Public Library including the use of books and other materials, as a lending or circulating library, subject to rules and regulations established by the Board of Library Trustees. For purposes of this section, persons living outside of the District of Columbia but having regular business or employment or attending school in the District of Columbia shall also be deemed temporary residents of the District of Columbia. Persons residing in jurisdictions outside of the District of Columbia but within the Washington Metropolitan Area (the Washington Metropolitan Area means the Standard Metropolitan Statistical Area "SMSA") who do not qualify as temporary residents in the manner described above may obtain a free library user's card from the District of Columbia Public Library; provided, that the jurisdiction in which such person resides permits District of Columbia residents to obtain a free library user's card from the public library in that jurisdiction. Any person residing in the Washington Metropolitan Area who does not qualify under any of the conditions stated above for the free library user's card may obtain a library user's card from the District of Columbia Public Library upon payment of a fee to be fixed by the Board of Library Trustees.
(June 3, 1896, 29 Stat. 244, ch. 315, § 3; Apr. 1, 1926, 44 Stat. 229, ch. 98, § 3; Mar. 3, 1979, D.C. Law 2-131, § 2, 25 DCR 3487.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 37-103.
1973 Ed., § 37-103.
Legislative History of Laws
Law 2-131 was introduced in Council and assigned Bill No. 2-215, which was referred to the Committee on Education, Recreation and Youth Affairs. The Bill was adopted on first and second readings on July 25, 1978 and September 19, 1978, respectively. Signed by the Mayor on October 13, 1978, it was assigned Act No. 2-278 and transmitted to both Houses of Congress for its review.
(a) The public library shall be in the charge of a Board of Library Trustees ("Board"), which shall be composed of 9 members appointed by the Mayor of the District of Columbia, with the advice and consent of the Council of the District of Columbia.
(b) Each member of the Board shall be a resident of the District of Columbia, and shall have a demonstrated interest in the public library.
(c) Each member of the Board shall serve for a term of 5 years, and until a successor is appointed and confirmed.
(d) Of the members of the Board appointed under this subchapter, 3 shall be appointed for a term of 5 years, 3 shall be appointed for a term of 4 years, and 3 shall be appointed for a term of 3 years from the date the first members are installed. Thereafter, that date shall become the anniversary date for all appointments. The members of the Board serving on September 5, 1985, shall continue to serve until the new Board members are qualified to serve.
(e) A member of the Board may be reappointed but shall not serve more than 2 consecutive terms. A person may be reappointed after an absence of 1 year from the board.
(f) Whenever a vacancy as a consequence of resignation, disability, death, or for other reasons occurs in an unexpired term on the Board, the Mayor shall appoint a replacement to fill that unexpired term in the same manner specified in subsections (a) and (b) of this section. A member appointed to fill an unexpired term shall serve only for the remainder of that term. The completion of the unexpired term of a former member's term shall not constitute a full term for purposes of subsection (e) of this section.
(g) Each year, the Board shall elect 1 of its members to serve as its president and may elect any other officer it requires.
(h) Members of the Board shall be compensated at a rate to be determined by the Mayor, in accordance with § 1-611.08.
(i) The librarian of the public library shall be a nonvoting, ex officio member of the Board.
(June 3, 1896, 29 Stat. 244, ch. 315, § 4; Apr. 1, 1926, 44 Stat. 229, ch. 98, § 4; Sept. 5, 1985, D.C. Law 6-17, § 2, 32 DCR 3582.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 37-104.
1973 Ed., § 37-104.
Legislative History of Laws
Law 6-17 was introduced in Council and assigned Bill No. 6-114, which was referred to the Committee on Libraries, Recreation, and Charitable Games. The Bill was adopted on first and second readings on May 14, 1985 and May 28, 1985, respectively. Signed by the Mayor on June 10, 1985, it was assigned Act No. 6- 32 and transmitted to both Houses of Congress for its review.
(a) The Board of Library Trustees shall:
(1) Have the authority to provide for the care and preservation of the library;
(2) Determine the policy of the public library;
(3) Have the authority to procure all goods and services necessary to operate the library system, independent of the Office of Contracting and Procurement and the requirements of Chapter 3A of Title 2; except as specified in § 2- 351.05, and in accordance with subsection (c) of this section;
(4) Have the authority to establish rules necessary for the organization and governance of the Board it deems necessary;
(5) Have the authority to establish rules necessary for the management of the library;
(6) Have the authority to prescribe rules for borrowing and returning books;
(7) Have the authority to fix, assess, and collect fines and penalties for the loss or injury to books and other library materials, and for the retention of books and other library materials beyond the period fixed by library rules;
(8) Account for and control, under the rules of the library and the laws of the District of Columbia, the spending of all public funds received by the library;
(9) Make an annual report to the Mayor and the Council of the District of Columbia on the operation of the public library on or before February 1st of each calendar year for the preceding fiscal year;
(10) Select and appoint a professional librarian as librarian of the public library to supervise and manage the day-to-day operations of the library, in accordance with the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (Chapter 6 of Title 1). The librarian of the public library shall appoint assistants and employees the Board deems necessary for the proper operation of the library, in accordance with the provisions of subchapter VIII of Chapter 6 of Title 1;
(11) Encourage and assist in the establishment of community support groups in the branch libraries which may advise the Board on library matters, gather information on the needs of the library, promote improvement of library services, and provide general support of library activities;
(12) Meet at least once every 2 months;
(13) Notwithstanding any other provision of law, the Board of Trustees of the District of Columbia Public Library is authorized to hire a fund raiser and to raise funds from private sources and expend those funds for the benefit of the District of Columbia Public Library, with the prior review and approval of the Chief Financial Officer for the District of Columbia and the District of Columbia Financial Responsibility and Management Assistance Authority.
(b) All monies received by the Board for fines and penalties shall be paid to the unrestricted fund balance of the General Fund of the District of Columbia.
(c)(1) The Board may issue rules to govern its procurement. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day period, the proposed rules shall be deemed disapproved.
(2) The Board may exercise procurement authority consistent with rules promulgated under the Act until the Board promulgates rules under paragraph (1) of this subsection.
(June 3, 1896, 29 Stat. 244, ch. 315, § 5; Apr. 1, 1926, 44 Stat. 230, ch. 98, § 5; Mar. 3, 1979, D.C. Law 2-139, § 3205(jjj), 25 DCR 5740; Sept. 5, 1985, D.C. Law 6-17, § 2, 32 DCR 3582; Apr. 12, 1997, D.C. Law 11-259, § 316, 44 DCR 1423; Oct. 21, 1998, 112 Stat. 2681-146, Pub. L. 105-277, § 156; Mar. 2, 2007, D.C. Law 16-197, § 2, 53 DCR 8827; Mar. 3, 2010, D.C. Law 18-111, § 4041, 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, § 9054(c), 58 DCR 6226; Sept. 26, 2012, D.C. Law 19-171, § 217, 59 DCR 6190.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 37-105.
1973 Ed., § 37-105.
Effect of Amendments
D.C. Law 16-197, in subsec. (a)(1), deleted ''provided, however, that contracting for the maintenance of the library and the erection or enlargement of library buildings shall be carried out by the Office of Contracting and Procurement on behalf of the Board;" following "of the library;"; rewrote subsec. (a)(3); and added subsec. (c). Subsec. (a)(3) was amended to read as follows:
"(3) Have the authority to procure all goods and services necessary to operate the library system, independent of the Office of Contracting and Procurement and the requirements of Unit A of Chapter 3 of Title 2, except as specified in § 2-303.20, and in accordance with subsection (c) of this section;".
Subsec. (c) was added to read as follows:
"(c)(1) The Board shall not exercise the procurement authority granted to it under subsection (a)(3) of this section until the Council has approved rules governing the procurement of goods and services submitted by the Board pursuant to this subsection.
"(2) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day period, the proposed rules shall be deemed disapproved."
The amendments to this section made by D.C. Law 16-197 expired on March 2, 2009, pursuant to section 4 of D.C. Law 16-197.
D.C. Law 18-111 rewrote subsecs. (a)(1), (3), and added subsec. (c). Prior to amendment, subsecs. (a)(1), (3) read as follows:
"(1) Have the authority to provide for the care and preservation of the library provided, however, that contracting for the maintenance of the library and the erection or enlargement of library buildings shall be carried out by the Office of Contracting and Procurement on behalf of the Board;"
"(3) Have the authority to provide for the purchase of books, periodicals, newspapers, audio visual aids, and other materials necessary to operate the library;".
D.C. Law 19-21, in subsec. (b), substituted "unrestricted fund balance of the General Fund of the District of Columbia" for "District of Columbia Treasurer for credit to the public library's Book Purchase Fund".
D.C. Law 19-171, in subsec. (a)(3), substituted "the requirements of Chapter 3A of Title 2; except as specified in § 2-351.05" for "the requirements of Unit A of Chapter 3 of Title 2; except as specified in § 2-303.20".
Temporary Amendments of Section
Section 2 of D.C. Law 18-45, in subsec. (a), deleted all text following the semicolon in par. (1), and rewrote par. (3) to read as follows:
"(3) Have the authority to procure all goods and services necessary to operate the library system, independent of the Office of Contracting and Procurement and the requirements of the District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2- 301.01 et seq.)('Act'), except as specified in section 320 of the Act, and in accordance with subsection (c) of this section;".
; and added subsec. (c) to read as follows:
"(c)(1) The rules published at page 493 of volume 55 of the District of Columbia Register (55 DCR 493) are revived. The Board may exercise procurement authority consistent with rules published at page 493 of volume 55 of the District of Columbia Register (55 DCR 493) until the rules are amended or superseded.
"(2) The Board may issue rules to implement the provisions of this section. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution, within the 45-day period, the proposed rules shall be deemed disapproved.".
Section 5(b) of D.C. Law 18-45 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 of Library Procurement Emergency Amendment Act of 2006 (D.C. Act 16-483, October 18, 2006, 53 DCR 8645).
For temporary (90 day) amendment of section, see § 2 of Library Procurement Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-661, December 28, 2006, 54 DCR 1114).
For temporary (90 day) amendment of section, see § 2 of DCPL Procurement Emergency Amendment Act of 2009 (D.C. Act 18-93, May 20, 2009, 56 DCR 4311).
For temporary (90 day) amendment of section, see § 2 of DCPL Procurement Congressional Review Emergency Act of 2009 (D.C. Act 18-151, July 28, 2009, 56 DCR 6338).
For temporary (90 day) amendment of section, see § 4041 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 4041 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
Law 2-139 was introduced in Council and assigned Bill No. 2-10, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on October 17, 1978 and October 31, 1978, respectively. Signed by the Mayor on November 22, 1978, it was assigned Act No. 2-300 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 6-17, see Historical and Statutory Notes following § 39-104.
Law 11-259, the "Procurement Reform Amendment Act of 1996," was introduced in Council and assigned Bill No. 11-705, which was referred to the Committee on Government Operations. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on January 3, 1997, it was assigned Act No. 11-526 and transmitted to both Houses of Congress for its review. D.C. Law 11-259 became effective on April 12, 1997.
Law 16-197, the "Library Procurement Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-562, which was referred to the Committee on Education, Libraries and Recreation. The Bill was adopted on first and second readings on June 6, 2006, and October 3, 2006, respectively. Signed by the Mayor on October 23, 2006, it was assigned Act No. 16-492 and transmitted to both Houses of Congress for its review. D.C. Law 16-197 became effective on March 2, 2007.
Law 18-111, the "Fiscal Year 2010 Budget Support Act of 2009", was introduced in Council and assigned Bill No. 18-203, which was referred to the Committee on the Whole. The bill was adopted on first and second readings on May 12, 2009, and September 22, 2009, respectively. Signed by the Mayor on December 18, 2009, it was assigned Act No. 18-255 and transmitted to both Houses of Congress for its review. D.C. Law 18-111 became effective on March 3, 2010.
Law 19-21, the "Fiscal Year 2012 Budget Support Act of 2011", was introduced in Council and assigned Bill No. 19-203, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 25, 2011, and June 14, 2011, respectively. Signed by the Mayor on July 22, 2011, it was assigned Act No. 19-98 and transmitted to both Houses of Congress for its review. D.C. Law 19-21 became effective on September 14, 2011.
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.
Resolutions
Resolution 17-263, the "Library Procurement Regulations Approval Resolution of 2007", was approved effective July 10, 2007.
Miscellaneous Notes
Sunset provision: Section 4 of D.C. Law 16-197 provides: "This act shall expire 2 years after its effective date."
Short title: Section 4040 of D.C. Law 18-111 provided that subtitle E of title IV of the act may be cited as the "DCPL Procurement Amendment Act of 2009".
Sections 2, 3 and 5 of D.C. Law 18-368 provides:
"Sec. 2. Definitions.
"For the purposes of this act, the term:
"(1) 'Deed Transfer and Recordation Taxes' means the revenue resulting from the imposition of the taxes under section 303 of the District of Columbia Deed Recordation Tax Act of 1962, approved March 2, 1962 (76 Stat. 11; D.C. Official Code § 42-1103), and section 47-903 of the District of Columbia Official Code.
"(2) 'Developer' means Eastbanc-W.D.C. Partners, LLC., its successors, affiliates, and assigns, either collectively or individually.
"(3) 'District Property' means the West End Library Property, Special Operations/MPD Building Property, and the West End Fire Station Property, as defined in paragraph (9) of this section.
"(4) 'Fund' means the West End Library and Fire Station Maintenance Fund established by section 4.
"(5) 'Fund Managers' means the Chief Librarian of the District of Columbia Public Library and the Mayor.
"(6) 'LDDA' means the Land Development and Disposition Agreement between the District and the Developer pursuant to the West End Parcels Disposition Approval Resolution of 2010, effective July 13, 2010 (Res.18-553; 57 DCR 7623).
"(7) 'Maintenance Agreement' means a West End Library and Fire Station Maintenance Agreement by and among the Fund Managers, and Developer, or its successors, or assigns, and established pursuant to section 5.
"(8) 'Project' means the acquisition, development, construction, installation, and equipping of the multi-use project to be located on the Property, to include:
"(A) A new library, estimated to contain approximately 20,000 gross square feet;
"(B) A new fire station, estimated to contain approximately 16,000 gross square feet;
"(C) A residential building on Square 37 estimated to contain approximately 224,390 gross square feet with approximately 153 units;
"(D) A residential rental building, including affordable housing units in Square 50, subject to public financial assistance;
"(E) Retail space estimated to contain approximately 9,600 gross square feet; and
"(F) Below-grade parking.
"(9) 'Property" means the following parcels of land located in Squares 37 and 50 in the District:
"(A) Square 37, Lot 836 ('West End Library Property');
"(B) Square 37, Lot 837 ('Special Operations/MPD Building Property');
"(C) Square 37, Lot 855 ('Developer Property');
"(D) Square 50, Lot 822 ('West End Fire Station Property'); and
"(E) Related air rights parcels.
"(10) 'West End Fire Station' means a new fire station in Square 50 in the West End to be constructed by the Developer pursuant to the LDDA.
"(11) 'West End Library' means a new neighborhood branch library to be constructed in Square 37 in the West End by the Developer pursuant to the LDDA.
"Sec. 3. Authorization.
"(a) Notwithstanding any statutory and regulatory process established regarding contracting and procurement, the District of Columbia Board of Library Trustees is authorized to procure the services of Developer for the design, development, and construction of that portion of the Project to include the West End Library, subject to a cost cap as established pursuant to agreement between the District and Developer.
"(b) Notwithstanding any statutory regulatory process established regarding contracting and procurement, the Mayor is authorized to procure the services of Developer for the design, development, and construction of that portion of the Project to include the West End Fire Station, subject to a cost cap as established pursuant to agreement between the District and Developer.
"(c)(1) The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), and the Procurement Practices Reform Act of 2010, passed on 2nd reading on December 7, 2010 (Enrolled version of Bill 18-610), shall not apply to the procurement authorized under subsections (a) and (b) of this subsection.
"(2) The regulations set forth in Chapter 43 of Title 19 and Title 27 of the District of Columbia Municipal Regulations shall not apply to the procurement authorized under subsections (a) and (b) of this subsection."
"Sec. 5. West End Library and Fire Station Maintenance Agreement.
"(a) Notwithstanding any other provision of law, the Mayor and the Board of Library Trustees are authorized to enter into a maintenance agreement with a contractor to provide supplemental maintenance services to the West End Library and West End Fire Station in order to:
"(1) Maintain the cleanliness and operability of the exterior facade of the West End Fire Station and West End Library to at least the same standards as the larger buildings of which they are a part;
"(2) Maintain the cleanliness and operability of the interior of the West End Fire Station and West End Library, including lighting, window coverings, floors and floor coverings, bathrooms and other public spaces, FF&E, and the HVAC systems to at least the same standards as the larger buildings of which they are a part;
(3) Pay for supplemental external building and grounds maintenance;
"(4) Pay for property, casualty, and liability insurance (premiums and deductibles) attributable to the new library and fire station components of the Project (including common elements); and
"(5) Provide a capital replacement reserve for the new library and the new fire station as determined to be needed by the Chief Librarian of the District of Columbia Public Library and the Mayor.
"(b)(1) The District of Columbia Procurement Practices Act of 1985, effective February 21, 1986 (D.C. Law 6-85; D.C. Official Code § 2-301.01 et seq.), and the Procurement Practices Reform Act of 2010, passed on 2nd reading on December 7, 2010 (Enrolled version of Bill 18-610), shall not apply to the Maintenance Agreement.
"(2) The regulations set forth in Chapter 43 of Title 19 and Title 27 of the District of Columbia Municipal Regulations shall not apply to the Maintenance Agreement."
The Mayor of the District is authorized to include in his annual estimates for appropriation sums as he may deem necessary for the proper maintenance of the library, including branches, for the purchase of land for sites for library buildings, and for the erection and enlargement of necessary library buildings.
(June 3, 1896, 29 Stat. 244, ch. 315, § 6, as added Apr. 1, 1926, 44 Stat. 230, ch. 98, § 6; Apr. 20, 1999, D.C. Law 12-264, § 39, 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 37-106.
1973 Ed., § 37-106.
Emergency Act Amendments
For temporary (90 day) addition, see § 1051 of Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.C. Act 18-187, August 26, 2009, 56 DCR 7374).
Legislative History of Laws
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.
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 (see Reorganization Plans in Volume 1) 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.
The Board shall have power to purchase, rent, and sell library-related items, including, but not limited to, the following: film catalogs and other publications of the library; publications and items of special interest commemorating individuals and events connected with the library; unneeded books; video recordings; reproductions of unique library materials; and promotional items and souvenirs such as book tote bags, pens, notebooks, and postcards. Any profits realized or proceeds collected shall be deposited into the Books and Other Library Materials Account, established by § 39-114.
(June 3, 1896, ch. 315, § 7, as added Oct. 8, 1981, D.C. Law 4-38, § 2, 28 DCR 3389; Mar. 14, 1984, D.C. Law 5-55, § 2, 30 DCR 6284; Sept. 14, 2011, D.C. Law 19-21, § 9053, 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 4022(a), 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 37-106.1.
Effect of Amendments
D.C. Law 19-21 substituted "or proceeds collected shall be deposited into the unrestricted fund balance of the General Fund of the District of Columbia" for "shall be used to purchase books and other publications".
D.C. Law 19-168 substituted "into the Books and Other Library Materials Account, established by § 39-114" for " "into the unrestricted fund balance of the General Fund of the District of Columbia".
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 4022(a) 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) amendment of section, see § 4022(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).
For temporary (90 day) amendment of section, see § 101(b) of Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 10, 2012, 59 DCR 12478).
Legislative History of Laws
Law 4-38 was introduced in Council and assigned Bill No. 4-221, which was referred to the Committee on Human Services. 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. 4-65 and transmitted to both Houses of Congress for its review.
Law 5-55 was introduced in Council and assigned Bill No. 5-214, which was referred to the Committee on Libraries, Recreation and Related Youth Affairs. The Bill was adopted on first and second readings on October 18, 1983, and November 1, 1983, respectively. Signed by the Mayor on November 21, 1983, it was assigned Act No. 5-81 and transmitted to both Houses of Congress for its review.
For history of Law 19-21, see notes under § 39-105.
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 4021 of D.C. Law 19-168 provided that subtitle C of title IV of the act may be cited as "Books and Other Library Materials Account Amendment Act of 2012".
(a) The Board of Library Trustees may accept donations, gifts by devise or bequest, grants, and any other type of asset, except real property as defined in § 10-801.01, from individuals, clubs, groups, corporations, partnerships, and other governmental entities. The Board shall approve any donation, gift, grant, or asset with a value of $10,000 or more, but may delegate the acceptance of any donation, gift, grant, or asset with a value of less than $10,000 to the librarian of the public library.
(b) The Board shall manage the property or funds in accordance with the provisions or conditions of the donation, gift, grant, or other type of asset, including the investment of the principal of the property or funds.
(c) All monetary donations permitted under subsection (a) of this section shall be made available to the District of Columbia Public Library through the private grant revenue source included in the District of Columbia Public Library's annual operating budget.
(d) The Board shall issue rules to implement this section. The rules shall govern the acceptance and use of donations and gifts, record-keeping requirements, audit procedures, accessibility of records for public inspection, and any other areas that the Board considers appropriate.
(June 3, 1896, 29 stat. 244, ch. 315, § 7a, as added Mar. 14, 2007, D.C. Law 16-268, § 5(b), 54 DCR 833.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 16-268, the "Public Charter School Assets and Facilities Preservation Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-624, which was referred to Committee on Education, Libraries and Recreation. The Bill was adopted on first and second readings on December 6, 2006, and December 19, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-624 and transmitted to both Houses of Congress for its review. D.C. Law 16-268 became effective on March 14, 2007.
(a) Circulation records maintained by the public library in the District of Columbia which can be used to identify a library patron who has requested, used, or borrowed identified library materials from the public library and the specific material that patron has requested, used, or borrowed from the public library, shall be kept confidential, except that the records may be disclosed to officers, employees, and agents of the public library to the extent necessary for the proper operation of the public library.
(b)(1) Circulation records shall not be disclosed by any officer, employee, or agent of the public library to a 3rd party or parties, except with the written permission of the affected library patron or as the result of a court order.
(2) A person whose records are requested pursuant to paragraph (1) of this subsection may file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential. The motion shall be accompanied by the reasons for the request.
(3) Paragraph (1) of this subsection shall not operate to prohibit the officers of the public library from disclosing relevant information on a library patron to the Corporation Counsel of the District of Columbia or legal counsel retained to represent the public library in a civil action.
(4) Within 2 working days after receiving a subpoena issued by the court for public library records, the public library shall send a copy of the subpoena and the following notice, by certified mail, to all affected library patrons:
"Records or information concerning your borrowing records in the public library in the District of Columbia are being sought pursuant to the enclosed subpoena.
"In accordance with the District of Columbia Confidentiality of Library Records Act of 1984, these records will not be released until 10 days from the date this notice was mailed.
"If you desire that these records or information not be released, you must file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential, and state your reasons for the request. A sample motion is enclosed.
"You may wish to contact a lawyer. If you do not have a lawyer, you may call the District of Columbia Bar Lawyer Referral Service."
(5) The public library shall not make available any subpoenaed materials until 10 days after the above notice has been mailed.
(6) Upon application of a government authority, the notice required by paragraph (4) of this subsection may be waived by order of an appropriate court if the presiding judge finds that:
(A) The investigation being conducted is within the lawful jurisdiction of the government authority seeking the records;
(B) There is reason to believe that the records being sought are relevant to a legitimate law enforcement inquiry; or
(C) There is reason to believe that the notice will result in:
(i) Endangering the life or physical safety of any person;
(ii) Flight from prosecution;
(iii) Destruction of or tampering with evidence;
(iv) Intimidation of potential witnesses; or
(v) Otherwise seriously jeopardizing an investigation or official proceeding.
(7) The term "government authority", as used in paragraph (6) of this subsection, means any federal, state, or local government agency or department.
(c) The Board of Library Trustees may issue rules necessary to implement this section.
(d) Unless otherwise authorized or required by law, any officer, employee, or agent of the public library who shall violate any provision of this section or any rules issued pursuant to it commits a misdemeanor, and upon conviction shall be punished by a fine of not more than $300. The aggrieved public library patron may also bring a civil action against the individual violator for actual damages or $250, whichever is greater, reasonable attorneys' fees, and court costs.
(June 3, 1896, ch. 315, § 8, as added Mar. 13, 1985, D.C. Law 5-128, § 2, 31 DCR 5187; Apr. 20, 1999, D.C. Law 12-264, § 40, 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 37-106.2.
Legislative History of Laws
Law 5-128, the "District of Columbia Confidentiality Library Records Act of 1984," was introduced in Council and assigned Bill No. 5-401, which was referred to the Committee on Libraries, Recreation and Related Youth Affairs. The Bill was adopted on first and second readings on July 10, 1984, and September 12, 1984, respectively. Signed by the Mayor on October 1, 1984, it was assigned Act No. 5-181 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 12-264, see Historical and Statutory Notes following § 39-106.
References in Text
The "District of Columbia Confidentiality of Library Records Act of 1984," referred to in (b)(4), is D.C. Law 5-128.
There is established a Library Enhancement Task Force ("Task Force") to serve as a collaborative body to assess, support, and implement strategies to fund the enhancement and development of the District of Columbia Public Library ("DCPL") system.
(June 3, 1896, 29 Stat. 244, ch. 315, § 9, as added Apr. 4, 2006, D.C. Law 16-78, § 2, 53 DCR 802.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
Law 16-78, the "Library Enhancement, Assessment, and Development Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-49 which was referred to the Committee on Education, Libraries and Recreation. The Bill was adopted on first and second readings on December 6, 2005, and January 4, 2006, respectively. Signed by the Mayor on January 26, 2006, it was assigned Act No. 16-264 and transmitted to both Houses of Congress for its review. D.C. Law 16- 78 became effective on April 4, 2006.
(a)(1) The Task Force shall be comprised of the following 11 members:
(A) The Mayor, or his or her designee;
(B) The Chairperson of the Committee on Education, Libraries, and Recreation of the Council of the District of Columbia, or his or her designee;
(C) The Chairperson of the Committee on Economic Development of the Council of the District of Columbia, or his or her designee;
(D) The Deputy Mayor for Planning and Economic Development, or his or her designee;
(E) The Deputy Mayor for Children, Youth, Families and Elders, or his or her designee;
(F) The Chief Financial Officer, or his or her designee;
(G) The President of the Board of Library Trustees; the Chairperson of the Board of Library Trustees' Facilities Committee; and a third member of the Board of Library Trustees designated by the Board President; and
(H) Two public members, one of whom shall be appointed by the Mayor and one of whom shall be appointed by the Council by resolution, to serve 3-year terms.
(2) Vacancies occurring in the Task Force shall be filled in the same manner as the original appointees.
(b) The President of the Board of Library Trustees shall serve as Chairperson.
(c) The following 3 persons, or their designees, shall serve as ex-officio, nonvoting members of the Task Force:
(1) The Director of the District of Columbia Public Library;
(2) The Superintendent of the District of Columbia Public Schools; and
(3) The President of the University of the District of Columbia.
(d) Each member shall serve without compensation, except that members may receive reimbursement for expenses incurred in the service of the Task Force.
(e) The DCPL shall provide staffing for the Task Force.
(June 13, 1896, 29 Stat. 244, ch. 315, § 10, as added Apr. 4, 2006, D.C. Law 16-78, § 2, 53 DCR 802.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-78, see notes following § 39-109.
(a) The Task Force shall:
(1) Review:
(A) The District of Columbia Comprehensive Plan;
(B) The DCPL Capital Construction/Renovation Master Plan for Branch Libraries;
(C) The DCPL Building Condition Survey;
(D) The DCPL Strategic Business Plan 2005-2006;
(E) Any revisions to the plans set forth in subparagraphs (A) through (D) of this paragraph; and
(F) The recommendations of the Mayor's Blue Ribbon Task Force on the Future of the District of Columbia Public Library System;
(2) Identify methods to integrate the facility and programming needs of the DCPL, and other educational, recreational, and community needs into the District's planning and economic development opportunities;
(3) Assess and recommend methods of using DCPL assets to raise funds to modernize and enhance the DCPL system, including:
(A) Developing mixed-use projects that incorporate library facilities with revenue-producing ventures;
(B) Selling or leasing air rights above library buildings; and
(C) Selling or leasing facilities or real property used by or under the control of the DCPL;
(4) Within 180 days of April 4, 2006:
(A) Develop a strategic plan to use the revenue raised to fund the construction and renovation of library facilities and submit it to the Board of Library Trustees for approval and to the Mayor and Council for informational purposes; and
(B) Develop and submit to the Mayor and Council specific recommendations on actions the Mayor and Council may take to implement the strategic plan; and
(5) Following approval by the Board of Library Trustees of the strategic plan developed and submitted to the Board of Library Trustees, the Mayor, and the Council pursuant to paragraph (4) of this subsection, support the implementation of the plan.
(b) The Task Force shall provide opportunity for public input into the development of the strategic plan after providing notice of the opportunity to the public, including posting information on the DCPL Internet site.
(June 3, 1896, 29 Stat. 244, ch. 315, § 11, as added Apr. 4, 2006, D.C. Law 16-78, § 2, 53 DCR 802.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-78, see notes following § 39-109.
(a) There is established within the General Fund of the District of Columbia a segregated, nonlapsing trust fund designated as the Library Development Trust Fund ("Trust Fund") into which shall be deposited any revenue generated from:
(1) The development of mixed-use projects involving library facilities;
(2) The sale or lease of air rights above library facilities;
(3) The sale or lease of library facilities or of real property used by or under the control of the DCPL;
(4) Any project developed pursuant to this subchapter;
(5) Any grants, gifts, or subsidies from public or private sources meant to assist in effecting the purpose of this subchapter; and
(6) Any return on investment of the assets of the Trust Fund.
(b) Monies deposited into the Trust Fund shall be used to solicit proposals for public-private partnerships and to finance public-private partnerships pursuant to this subchapter, such as the:
(1) Purchase of a library site and improvement;
(2) Construction of a library facility;
(3) Complete or partial furnishing of a library facility;
(4) Repair of a library facility;
(5) Renovation of a library facility; and
(6) Costs or expenses associated with an approved plan or project, including architectural, engineering, consulting, demolition, and legal costs.
(c) Pursuant to § 39-106, the Mayor shall submit to the Council, as part of the annual budget, a requested appropriation for expenditures from the Trust Fund, including a description of the specific approved plan or project for which the funds will be used.
(d) Funds deposited in the Trust Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time, but shall be continually available for the uses and purposes set forth in this section, subject to authorization by Congress.
(June 3, 1898, 29 Stat. 244, ch. 315, § 12, as added Apr. 4, 2006, D.C. Law 16-78, § 2, 53 DCR 802.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 16-78, see notes following § 39-109.
Within 60 days of approval of a strategic plan by the Board of Library Trustees pursuant to § 39-111, the Mayor shall initiate a competitive process for the performance of the work described in the plan. The Mayor shall issue one or more solicitations for competitive sealed bids or competitive sealed proposals for vendors who shall complete the project or projects for a guaranteed price by assembling the necessary team of designers, architects, developers, and other vendors, and posting a performance bond, or obtaining other insurance, to insure that design and time requirements shall be met for the guaranteed price. The Mayor shall consult closely with the Board of Library Trustees in preparing the solicitation or solicitations, and shall include a statement of work or specifications approved by the Board of Library Trustees.
(June 3, 1896, 29 Stat. 244, ch. 315, § 13, as added Apr. 4, 2006, D.C. Law 16-78, § 2, 53 DCR 802.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of section, see § 4022(b) 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 section, see § 4022(b) 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 16-78, see notes following § 39-109.
(a) There is established as a nonlapsing account the Books and Other Library Materials Account ("Account") into which shall be deposited:
(1) All receipts from the sale of used books and other library materials;
(2) Proceeds from the sale of library-related merchandise;
(3) Gifts, grants, and donations designated for collections; and
(4) Such amounts as may be appropriated for books and other library materials.
(b) The Account shall be used solely for the purpose of procuring books and other library materials, including compact disks, electronic materials, or other records and materials, to maintain and enhance the collection of the District of Columbia Public Library.
(c) All funds deposited into the Account, 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 (b) of this section without regard to fiscal year limitation, subject to authorization by Congress.
(June 3, 1986, ch. 315, § 14, as added Sept. 20, 2012, D.C. Law 19-168, § 4022(b), 59 DCR 8025.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 101(b) of Fiscal Year 2013 Budget Support Technical Clarification Emergency Amendment Act of 2012 (D.C. Act 19-482, October 10, 2012, 59 DCR 12478).
Legislative History of Laws
For history of Law 19-168, see notes under § 39-107.
