§ 39–204. Powers.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in January, 2022.*

The Commission shall:

(1) Take action concerning the needs of the residents of the District of Columbia for activities in the arts and humanities, and concerning the development and improvement of activities in the arts and humanities in the District of Columbia;

(2) Prepare an annual plan of artistic projects and productions in the District of Columbia meeting the requirements of §§ 5(c) and 5(g) of the National Foundation on the Arts and Humanities Act of 1965, and act as the designated state agency for the District of Columbia, as referred to in § 5(g)(2)(A) of the National Foundation on Arts and Humanities Act of 1965, as amended;

(3) Issue grants, to include single or multi-year grants, for projects and productions in the arts and humanities; provided, that such grants be awarded competitively to individuals and organizations based in and primarily serving the District;

(3A) Make grants to neighborhood or civic associations for the purpose of providing funds for parades, festivals, and any other celebrations sponsored by a neighborhood or civic association in accordance with § 1-325.211(c) and (d);

(4) Cooperate and be empowered to contract with governmental departments and agencies, private organizations, consultants, and residents of the District of Columbia to develop and undertake programs which will encourage maximum participation in activities in the arts and humanities and promote greater appreciation and enjoyment of the arts and humanities;

(5)(A) Accept donations, gifts by devise or bequest, grants, and any other type of asset from individuals, clubs, groups, corporations, partnerships, and other governmental entities;

(B) Manage any property or funds in accordance with the provisions or conditions of any donations, gifts, grants, or other transfers including the investment of the principal of such property and funds; and

(C) Deposit all funds raised pursuant to this subsection in the Neighborhood Parade and Festival Fund, established by § 1-325.211, if the donation, gift, or grant is designated to be used for a parade, festival, or any other celebration sponsored by a neighborhood or civic association.

(5A) Sell promotional items and prints of works of art owned by the Commission, at prices established by the Commission;

(5B) Loan works of art owned by the Commission to other entities, including museums, universities, and companies, either at no cost or at prices established by the Commission;

(6) Be empowered to appoint advisory panels in the various fields of the arts and humanities, as the Commission may deem necessary, the members of which may be compensated, pursuant to § 1-611.08(c-2)(6), from funds allocated pursuant to § 39-205(c-1)(1); except, that no District of Columbia government employee or Commissioner of the Commission may be compensated;

(7) Adopt and modify bylaws and be empowered to adopt regulations as authorized by law;

(8)(A) Develop and annually update, after holding a public hearing, a public arts plan that establishes priorities for the selection and location of public art for the upcoming fiscal year; and

(B) Prepare an annual report at the end of each fiscal year on the implementation of that year’s public arts plan; and

(9) Encourage and assist freedom of artistic expression essential for the well-being of the arts, without censorship.

(Oct. 21, 1975, D.C. Law 1-22, § 5, 22 DCR 2086; June 25, 1986, D.C. Law 6-125, § 2(b)-(d), 33 DCR 2945; Jan. 29, 1998, D.C. Law 12-42, § 2(b), 44 DCR 5577; Sept. 24, 2010, D.C. Law 18-223, § 2002(a), 57 DCR 6242; Dec. 24, 2013, D.C. Law 20-61, § 2003, 60 DCR 12472; Oct. 8, 2016, D.C. Law 21-160, § 2152, 63 DCR 10775; Sept. 11, 2019, D.C. Law 23-16, § 2202(c), 66 DCR 8621; Nov. 13, 2021, D.C. Law 24-45, § 2004(c), 68 DCR 010163.)

Prior Codifications

1981 Ed., § 31-2004.

Section References

This section is referenced in § 39-205.

Effect of Amendments

D.C. Law 18-223 added pars. (5A) and (5B).

The 2013 amendment by D.C. Law 20-61 added (3A); and added “or in the Neighborhood Parade and Festival Fund, established by § 1-325.211, if the donation, gift, or grant is designated to be used for a parade, festival, or any other celebration sponsored by a neighborhood or civic association” in (5)(C).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2004(c) of Fiscal Year 2022 Budget Support Emergency Act of 2021 (D.C. Act 24-159, Aug. 23, 2021, 68 DCR 008602).

For temporary (90 days) amendment of this section, see § 2202(c) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2202(c) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 day) amendment of section, see § 2002(a) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 days) amendment of this section, see § 2003 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 2003 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

Short Title

Short title: Section 2001 of D.C. Law 18-223 provided that subtitle A of title II of the act may be cited as the “Commission on the Arts and Humanities Artistic Sales Authorization Amendment Act of 2010”.

Section 2001 of D.C. Law 20-61 provided that Subtitle A of Title II of the act may be cited as the “Deputy Mayor for Planning and Economic Development Limited Grant-Making Authority Amendment Act of 2013”.

References in Text

“Sections 5(c) and 5(g) of the National Foundation on the Arts and Humanities Act of 1965,” referred to in paragraph (2) of this section, is codified at 20 U.S.C. §§ 954(c) and (g).

“Section 5(g)(2)(A) of the National Foundation on Arts and Humanities Act of 1965, as amended,” referred to in paragraph (2) of this section, is codified at 20 U.S.C. § 954(g)(2)(A).

Editor's Notes

For authority of the Commission on the Arts and Humaities to award certain grants, see section 2152 of D.C. Law 21-160.

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.