Chapter 1. District of Columbia Government Development.
Subchapter I. District of Columbia Establishment.
§ 1–101. Territorial area.
The District of Columbia is that portion of the territory of the United States ceded by the State of Maryland for the permanent seat of government of the United States, including the river Potomac in its course through the District, and the islands therein.
§ 1–102. District created body corporate for municipal purposes.
The District is created a government by the name of the “District of Columbia,” by which name it is constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the United States and the provisions of this Code.
§ 1–103. Officers of corporation.
The Mayor of the District of Columbia and the members of the Council of the District of Columbia shall be deemed and taken as officers of such corporation.
§ 1–104. District as successor corporation.
The District of Columbia is the successor of the corporations of Washington and Georgetown, and all the property of said corporations, and of the County of Washington, is vested in the District of Columbia.
§ 1–105. Former corporation continued for certain purposes.
The corporation of the District of Columbia is continued for all the purposes of this section and other acts, for the collection of taxes, for suing and being sued, for causes arising prior to June 20, 1874, and for acquiring and holding real estate for school and municipal purposes.
§ 1–106. Records of former corporations and of levy court made property of District of Columbia.
All records, books, files, maps, plats, surveys, drawings, writings, and other papers, of the late corporations of Washington and Georgetown, or of the levy court of the District of Columbia, or made by persons in the employment or service of either of them, or of the District of Columbia, in the course of such employment or service, or which shall be so made after February 4, 1878, are, and shall be, the property of the District of Columbia.
§ 1–107. “Limits of City of Washington” defined; Georgetown abolished; general laws of Washington extended to former Georgetown.
That portion of the District included within the limits of the City of Washington, as the same existed on the 21st day of February, 1871, and all that part of the District of Columbia embraced within the bounds and constituting on February 11, 1895, the City of Georgetown (as referred to in the Acts of Congress approved February 21, 1871, 16 Stat. 419, ch. 62, and June 20, 1874, 18 Stat. 116, ch. 337) shall be known as and shall constitute the City of Washington, the federal capital; and all general laws, ordinances, and regulations of the City of Washington are extended and made applicable to that part of the District of Columbia formerly known as the City of Georgetown. The title and existence of said Georgetown as a separate and independent city by law is abolished. Nothing in this section shall operate to affect or repeal existing law making Georgetown a port of entry, except as to its name.
§ 1–108. Name of Uniontown changed to Anacostia.
That portion of the District of Columbia prior to April 22, 1886, known and designated as Uniontown, shall be known and designated as Anacostia.
§ 1–109. Liability.
(a) District of Columbia. — The District of Columbia shall defend any civil action or proceeding pending on August 5, 1997 in any court or other official municipal, state, or federal forum against the District of Columbia or its officers, employees, or agents, and shall assume any liability resulting from such an action or proceeding.
(b) State Justice Institute. — The State Justice Institute shall not be liable for damages or equitable relief on the basis of the activities or operations of any federal or District of Columbia agency which receives funds through the State Justice Institute pursuant to this title.
(c) United States. — The United States, its officers, employees, and agents, and its agencies shall not:
(1) Be responsible for the payment of any judgments, liabilities or costs resulting from any action or proceeding against the District of Columbia or its agencies, officers, employees, or agents;
(2) Be subject to liability in any case on the basis of the activities of the District of Columbia or its agencies, officers, employees, or agents; or
(3) Be subject to liability in any case under section 1979 of the Revised Statutes (42 U.S.C. § 1983).
(d) Limitations. — Nothing in this section shall be construed as a waiver of sovereign immunity, or as limiting any other defense or immunity that would otherwise be available to the United States, the District of Columbia, their agencies, officers, employees, or agents.
Subchapter II. Statehood.
Part A. Constitutional Convention Initiative.
Subpart 1. General.
§ 1–121. Purpose.
The purpose of this initiative is to propose to the registered qualified electors of the District of Columbia the question of calling a statehood constitutional convention for the purpose of forming a constitution and otherwise providing a process for a major portion of the territory now known as the District of Columbia to be admitted in the Union as a state on equal footing with the other states. The acts of the convention shall be submitted for ratification by the people, as provided for in this initiative.
§ 1–122. Questions to be presented to electors.
For the purpose of this initiative, the District of Columbia Board of Elections is authorized and directed to conduct at the next scheduled general, special, or primary election held after March 10, 1981, an election to fill the positions of delegate at-large and ward delegate to the constitutional convention, as prescribed in § 1-124.
§ 1–123. Call of convention; duties of convention; adoption of constitution; rejection of constitution; election of Senator and Representative.
(a) Within 60 days after the Board of Elections has certified the election of at-large and ward delegates to the constitutional convention pursuant to § 1-124, the Mayor of the District of Columbia shall call a constitutional convention and assemble the elected delegates. The convention shall write a constitution within 90 days which shall be republican in form and shall not be repugnant to the Constitution or laws of the United States, and it shall otherwise prepare for the admission of a major portion of the territory now known as the District of Columbia as a state.
(b) The proposed Constitution for the State of New Columbia, approved by Congress June 24, 1987, is amended to read as set forth in Volume 1 of the District of Columbia Code.
(c) If a majority of the registered qualified electors voting reject the constitution, the Mayor shall within 60 calendar days call for the reassembly of the constitutional convention and thereafter a new constitution shall be framed and the same proceedings shall be taken for its submission to the electors of the District of Columbia: Except, that if the proposed constitution of a second constitutional convention is rejected by the registered qualified electors, then the task of writing a constitution acceptable to the electorate shall be abandoned until such time as a new constitutional convention is called for by either legislative action or voter initiative.
(d)(1) Following the approval of a proposed constitution by a majority of the electors voting thereon, there shall be held an election of candidates for the offices of Senator and Representative from the new state. Such election shall be partisan and shall be held at the next regularly scheduled primary and general elections following certification by the District of Columbia Board of Elections that the proposed constitution has been approved by a majority of the electors voting thereon. In the event that the proposed constitution is approved by the electors at the general election to be held in November, 1982, the primary and general elections authorized by this paragraph shall be held in September, 1990, and November, 1990, respectively.
(2) The qualifications for candidates for the offices of Senator and Representative shall conform with the provisions of Article I of the United States Constitution and the primary and general elections shall follow the same electoral procedures as provided for candidates for nonvoting Delegate of the District of Columbia in the District of Columbia Election Code of 1955, subchapter I of Chapter 10 of this title. The term of the 1st Representative elected pursuant to this initiative shall begin on January 2, 1991, and shall expire on January 2, 1993. The terms of the 1st Senators elected pursuant to this initiative shall begin on January 2, 1991, and shall expire on January 2, 1997, and January 2, 1995, respectively. At the initial election, the candidate for Senator receiving the highest number of votes will receive the longer term and the candidate receiving the second highest number of votes will receive the shorter term. A primary and a general election to replace a Representative or a Senator whose term is about to expire shall be held in September and in November respectively, of the year preceding the year during which the term of the Representative or the Senator expires. Each Representative shall be elected for a 2-year term and each Senator shall be elected for a 6-year term as prescribed by the Constitution of the United States.
(3) The District of Columbia Board of Elections shall:
(A) Conduct elections to fill the positions of 2 United States Senators and 1 United States Representative; and
(B) Issue such rules and expressly delegate authority to officials and employees of the District of Columbia Board of Elections (such delegation of authority only to be effective upon publication in the District of Columbia Register) as are necessary to carry out the purposes of this initiative, and related acts requiring implementation by the District of Columbia Board of Elections.
(e) A Representative or Senator elected pursuant to this subchapter shall be a public official as defined in § 1-1161.01(47), and subscribe to the oath or affirmation of office provided for in § 1-604.08.
(f) A Representative or Senator:
(1) Shall inform the Congress and individual members of Congress that the District of Columbia residents meet the standards traditionally required by Congress for the admission of a United States territory as a state of the United States;
(2) Shall monitor the progress of the petition for admission of New Columbia to statehood pending before the Congress and report on the progress to the District of Columbia residents;
(3) May advise the District of Columbia on matters of public policy that bear on the achievement of statehood;
(4) In accordance with subsection (g) of this section, may employ staff and expend funds donated by private sources for public purposes related to the achievement of statehood; and
(5) Shall have any other powers or duties as may be provided by law.
(g)(1) A Representative or Senator may solicit and receive contributions to support the purposes and operations of the Representative’s or Senator’s public office. A Representative or Senator may accept services, monies, gifts, endowments, donations, or bequests. A Representative or Senator shall establish a District of Columbia statehood fund in 1 or more financial institutions in the District of Columbia. There shall be deposited in each fund any gift or contribution in whatever form, and any monies not included in annual Congressional appropriations. A Representative or Senator is authorized to administer the Representative’s or Senator’s respective fund in any manner the Representative or Senator deems wise and prudent, provided that the administration is lawful, in accordance with the fiduciary responsibilities of public office, and does not impose any financial burden on the District of Columbia.
(2) Contributions may be expended for the salary, office, or other expenses necessary to support the purposes and operations of the public office of a Representative or Senator, however, each Representative or Senator shall receive compensation no greater than the compensation of the Chairman of the Council of the District of Columbia, as provided in §§ 1-204.03 and 1-611.09.
(3) Each Representative or Senator shall file with the Director of Campaign Finance a quarterly report of all contributions received and expenditures made in accordance with paragraph (1) of this subsection. No campaign activities related to election or re-election to the office of Representative or Senator shall be conducted nor shall expenditures for campaign literature or paraphernalia be authorized under paragraph (1) of this subsection.
(4) The recordkeeping requirements of subchapter III of Chapter 11A of this title, shall apply to contributions and expenditures made under paragraph (1) of this subsection.
(5) Upon expiration of a Representative’s or Senator’s term of office and where the Representative or Senator has not been re-elected, the Representative’s or Senator’s statehood fund, established in accordance with paragraph (1) of this subsection, shall be dissolved and any excess funds shall be used to retire the Representative’s or Senator’s debts for salary, office, or other expenses necessary to support the purposes and operation of the public office of the Representative or Senator. Any remaining funds shall be donated to an organization operating in the District of Columbia as a not-for-profit organization within the meaning of section 501(c) of the Internal Revenue Code of 1986, approved October 22, 1986 (100 Stat. 2085; 26 U.S.C. § 501(c)).
(h) A Representative or Senator elected pursuant to subsection (d) of this section, shall be subject to recall pursuant to § 1-1001.17, during the period of the Representative’s or Senator’s service prior to the admission of the proposed new state into the union.
§ 1–124. Composition of convention; election of delegate candidates; compensation; office space; appropriations.
(a) The constitutional convention authorized by this initiative shall consist of 45 delegates selected in the following manner: Five delegates elected at large; and 5 delegates elected from each of the 8 election wards.
(b) Candidates for at-large delegates shall file with the Board of Elections a nominating petition signed by at least 200 of the registered qualified electors of the District of Columbia such that there will be at least 25 certified signatures from each of the 8 election wards. The 5 candidates for at-large delegate who receive the highest number of votes shall be declared elected and shall serve for 3-year terms.
(c) Candidates for the ward delegate positions shall file with the Board of Elections a nominating petition signed by at least 50 of the registered qualified electors from the election ward from which the candidate seeks nomination. The 5 candidates from each of the 8 election wards receiving the highest number of votes shall be declared elected to represent that ward and shall serve for 3-year terms.
(d) Each of the elected delegates, as authorized by subsection (a) of this section, shall be entitled to receive $30 per diem when engaged in the performance of the duties of the constitutional convention.
(e)(1) Except as they may be modified by this section, the election procedures prescribed by subchapter I of Chapter 10 of this title and subchapter III of Chapter 11A of this title for at-large and ward candidates for the Board of Education shall be applicable in respect to at-large and ward candidates for delegate to the constitutional convention.
(2) Each candidate for delegate and each delegate to the constitutional convention shall be a registered qualified voting resident of the District of Columbia and the discontinuance of such residence shall result in forfeiture of the convention seat occupied by such delegate. Each candidate for delegate and each delegate representing a ward shall be a registered qualified voting resident of that ward and the discontinuance of such residence in that ward shall result in forfeiture of the convention seat occupied by such ward delegate. No ward delegate shall forfeit his or her seat solely by reason of a change in ward boundaries.
(3) A vacancy in the convention arising from any cause shall be filled temporarily by the convention and such temporary appointee may serve for the remainder of the 3-year term or until such earlier time as the seat has been filled by an election which shall be held by the Board of Elections in accordance with its regulations concurrently with the earliest practicable special, primary, or general election being held to fill 1 or more offices other than that of convention delegate.
(f) The District of Columbia government shall furnish such space in public buildings for the constitutional convention as is necessary to accommodate public attendance at convention hearings, meetings, and sessions, and shall provide all records and services as may be required by the constitutional convention for carrying out its function.
(g) There is hereby authorized an appropriation from the General Fund of the District of Columbia a sum not in excess of $400,000 to the constitutional convention for such expenses as it may have in carrying out its duties and responsibilities under this initiative.
(h) There is hereby authorized an appropriation from the General Fund of the District of Columbia a sum not in excess of $50,000 to the Board of Elections for the administration of the elections authorized in §§ 1-122 and 1-123(b), and in otherwise carrying out the provisions of this initiative.
§ 1–125. Statehood Commission. [Repealed]
Repealed.
§ 1–126. Statehood Compact Commission. [Repealed]
Repealed.
§ 1–127. Appropriations.
There is authorized to be appropriated from the General Fund of the District of Columbia an amount for the salaries and office expenses of the elected representatives to the Senate and House referred to in § 1-123(d) during the period of their service prior to the admission of the proposed new state into the union.
§ 1–128. Severability.
If any provisions or section of this measure, or the application thereof, shall in any circumstances be held invalid, such invalidity shall not affect the validity of the remainder of the provisions or applications.
Subpart 2. District Of Columbia Statehood Delegation Fund Commission.
§ 1–129.01. Definitions. [Repealed]
Repealed.
§ 1–129.02. Establishment of the District of Columbia Statehood Delegation Fund Commission; purpose; fiscal year. [Repealed]
Repealed.
§ 1–129.03. Commissioners. [Repealed]
Repealed.
§ 1–129.04. Meetings of the Commission. [Repealed]
Repealed.
§ 1–129.05. Officers and employees. [Repealed]
Repealed.
§ 1–129.06. Limitations on actions; representation by Attorney General of the District of Columbia. [Repealed]
Repealed.
§ 1–129.07. Tax-exempt status. [Repealed]
Repealed.
§ 1–129.08. Establishment of Statehood Delegation Fund. [Repealed]
Repealed.
§ 1–129.09. Use of funds. [Repealed]
Repealed.
§ 1–129.10. Prohibition on political activity. [Repealed]
Repealed.
§ 1–129.11. Reports. [Repealed]
Repealed.
§ 1–129.12. Dissolution; termination of affairs. [Repealed]
Repealed.
Subpart 3. New Columbia Statehood Initiative.
Unit A. Definitions.
§ 1–129.21. Definitions.
For the purposes of this subpart, the term:
(1) “Commission” means the New Columbia Statehood Commission established pursuant to § 1-129.31.
(2) “Fund” means the New Columbia Statehood Fund established pursuant to § 1-129.32.
(3) “Statehood Delegation” means, collectively, the United States Representative and the 2 United States Senators holding office pursuant to § 1-123.
(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 Campaign Finance Board.
(5) “United States Representative” means the District of Columbia public official elected pursuant to § 1-123 to the office of Representative.
(6) “United States Senator” means either of the 2 District of Columbia public officials elected pursuant to § 1-123 to the office of Senator.
Unit B. District of Columbia Statehood Delegation.
§ 1–129.22. Office of the Statehood Delegation.
(a) The Office of the Statehood Delegation (“Office”) is established as an independent agency within the District of Columbia government, consistent with the meaning of the term independent agency as provided in § 1-603.01(13).
(b) The Office shall provide support to the Statehood Delegation in promoting statehood and voting rights for the citizens of the District of Columbia.
(c) The Office shall be headed by an Executive Director who shall be appointed by the Statehood Delegation. The Executive Director shall support the members of the Statehood Delegation and provide administrative support to the Commission.
(d) The Executive Director shall devote his or her full time to the duties of the Office. The salary of the Executive Director shall be determined by the Statehood Delegation, but shall not exceed 75% of the compensation for a Member of the Council as determined by § 1-611.09(b).
(e) For Fiscal Year 2015, the compensation for the Executive Director shall be paid from funds budgeted for Statehood Initiatives under § 1-301.154. Beginning in Fiscal Year 2016, the salary for the Executive Director shall be paid from the New Columbia Statehood Fund, subject to the availability of funds.
Unit C. New Columbia Statehood Commission and New Columbia Statehood Fund.
§ 1–129.31. Establishment of the New Columbia Statehood Commission.
(a) The New Columbia Statehood Commission is established as an independent agency within the District of Columbia government, consistent with the meaning of the term independent agency as provided in § 1-603.01(13).
(b) The Commission shall:
(1) Educate regarding, advocate for, promote, and advance the proposition of statehood and voting rights for the District of Columbia to District residents and citizens of the 50 states;
(2) Solicit financial and in-kind contributions, grants, allocations, gifts, bequests, and appropriations from public and private sources to be deposited in the New Columbia Statehood Fund established pursuant to § 1-129.32 and used for the purposes of promoting statehood and voting rights; and
(3) Develop an annual budget for, and oversee expenditures from, the New Columbia Statehood Fund.
(c) The Commission shall be comprised of 5 voting members (“Commissioners”) as follows:
(1) The Mayor, or his or her alternate;
(2) The Chairman of the Council, or his or her alternate;
(3) The United States Representative for the District of Columbia; and
(4) The 2 United States Senators for the District of Columbia.
(d) The Mayor and the Chairman of the Council shall serve as co-chairs of the Commission.
(e) By March 1, 2015, the Commission shall adopt bylaws, and may adopt guidelines, rules, and procedures for the governance of its affairs and the conduct of its business.
(f) The Commission shall meet, at a minimum, on a semiannual basis. A majority of the Commissioners shall constitute a quorum for the conduct of business.
(g) The Commission, in carrying out its duties, may utilize pro bono services; provided, that such services are reported pursuant to § 1-129.33.
(h) The Commission may recruit honorary members based on criteria the Commission shall determine. The honorary members shall have no vote on the operation of the Commission.
§ 1–129.32. Establishment of the New Columbia Statehood Fund.
(a) There is established as a special fund the New Columbia Statehood Fund, which shall be administered in accordance with subsections (b), (c), and (d) of this section.
(b)(1) All revenues from the following sources shall be deposited into the Fund:
(A) An annual appropriation;
(B) Any contributions to, and grants for, the benefit of the New Columbia Statehood Fund received from public and private sources;
(C) Net receipts pursuant to the income tax check-off provided in § 47-1812.11c;
(D) Donations accepted pursuant to § 1-155(d)(1);
(E) Fees collected pursuant to § 50-1501.02d; and
(F) Fees collected pursuant to § 50-1501.03(d)(6).
(2) For Fiscal Year 2015, all funds not expended pursuant to § 1-129.21(e) from the funds budgeted for Statehood Initiatives under § 1-301.154 shall be deposited into the Fund.
(c)(1) The Fund shall be used to support the Statehood Delegation, each of the members thereof, the Commission, and efforts to promote statehood and voting rights for the citizens of the District of Columbia.
(2)(A) Except as provided in subparagraph (B) of this paragraph, the Commission is authorized to provide for the expenditure of up to $24,000 per year from the Fund for the purposes provided in § 1-129.35(a).
(B) For Fiscal Year 2016, the Commission is authorized to provide for the expenditure of up to $12,000.
(d)(1) To the extent that disbursements are to be made to the Statehood Fund of each member of the Statehood Delegation, the disbursements, as decided by the Commission, shall be equal to each member, except as provided in this subsection.
(2) No disbursement shall be made under this subsection 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 § 1-129.35, 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 disbursement pursuant to this subsection may be made.
(e)(1) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(f) The Mayor shall submit to the Council, as part of the annual budget, a requested appropriation for expenditures from the Fund. The Mayor’s submission shall be based on a budget prepared by the Commission, and shall include the rationale for any variance from the Commission’s request.
(g) The Chief Financial Officer shall transmit to the Mayor and the Council, at least annually, a report 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.
§ 1–129.33. Annual reporting requirements.
(a) The Commission shall submit to the Mayor and the Chairman of the Council by September 1, 2015, and on a biannual basis thereafter, a detailed report including:
(1) The Commission’s activities, revenues, and expenditures;
(2) The full name, value, and form of each gift, grant, bequest, or appropriation to the New Columbia Statehood Fund; and
(3) Any other information considered appropriate by the Commission.
(b) The Commission shall make each report available to the general public upon request.
§ 1–129.34. Tax-exempt status.
Contributions to the New Columbia Statehood Fund shall be tax deductible.
§ 1–129.35. Use of funds by Statehood Delegation members.
(a) Except as provided in subsection (b) of this section, a member of the Statehood Delegation shall use New Columbia Statehood Fund monies for:
(1) Any expense closely and directly related to the operation of his or her office; or
(2) Any expense that the Commission deems necessary for appropriate purposes related to the purposes of the Commission; provided, that the Commission's determination of necessity shall be final and conclusive, and its certificate shall be sufficient voucher for the expenditure of appropriations made pursuant to this section.
(b)(1) Fund monies shall not be used by members of the Statehood Delegation for:
(A) Campaign expenses related to any election, local or national;
(B) To influence the outcome of any election, local or national;
(C) Any contributions or loans to any political party or candidate for federal or non-federal office;
(D) Any personal expenses, or travel expenses not closely and directly related to the office the member holds; or
(E) Any personal salary or stipend for the member.
(2) The prohibition in paragraph (1)(E) of this subsection shall not limit the ability of a member of the 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) Upon request, but at least annually, each Statehood Delegation member shall provide the Chief Financial Officer with an accounting of the expenditures made with the money received from the Fund. The date by which the accounting is due shall be set by the Chief Financial Officer. Information submitted by members of the Statehood Delegation shall be included in the report required by § 1-129.33.
Part B. Honoraria Limitations.
§ 1–131. Application of honoraria limitations.
Notwithstanding the provisions of § 1-135, the honoraria limitations imposed by part H of subchapter I of Chapter 11 of this title [repealed; see now § 1-1162.26] shall apply to a Senator or Representative elected pursuant to § 1-123(d)(1), only if the salary of the Senator or Representative is supported by public revenues.
§ 1–132. Approval and ratification of Constitution.
No proposed Constitution for the State of New Columbia shall take effect as the Constitution of the State of New Columbia until approved by the Congress of the United States and ratified in a referendum by a majority of the registered qualified electors of the District of Columbia voting thereon.
Part C. Campaign Finance Reform.
§ 1–135. Application of Campaign Finance Reform and Conflict of Interest Act.
All provisions of the District of Columbia Campaign Finance Reform and Conflict of Interest Act, subchapter III of Chapter 11A of this title, which apply to the election of and service of the Mayor of the District of Columbia shall apply to persons who are candidates or elected to serve as United States Senators and United States Representative pursuant to this initiative.
Part D. 51st State Commission.
§ 1–136.01. Establishment of the 51st State Commission. [Repealed]
Repealed.
§ 1–136.02. Operations of the 51st State Commission. [Repealed]
Repealed.
§ 1–136.03. Applicability. [Repealed]
Repealed.
Part E. Home Rule Act 40th Anniversary Celebration and Commemoration. [Expired.]
§ 1–137.01. Definitions. [Expired.]
Expired.
§ 1–137.02. Home Rule Act 40th Anniversary Celebration and Commemoration Commission. [Expired.]
Expired.
§ 1–137.03. Staffing. [Expired.]
Expired.
§ 1–137.04. Home Rule 40th Anniversary Celebration and Commemoration Fund. [Expired.]
Expired.
§ 1–137.05. Reporting requirement. [Expired.]
Expired.
§ 1–137.06. Implementation. [Expired.]
Expired.
§ 1–137.07. Use of District funds. [Expired.]
Expired.
§ 1–137.08. Sunset.
This part shall expire on January 31, 2015.
Subchapter III. District of Columbia Flag.
Part A. General.
§ 1–141. Findings.
The Council of the District of Columbia finds that:
(1) Section 2 of a joint resolution to codify and emphasize existing rules and customs pertaining to the display and use of the flag of the United States of America (36 U.S.C. § 174) [revised; now see 4 U.S.C. § 6] addresses the method, time, and places for the display of the United States flag:
(A) The flag should be hoisted briskly and lowered ceremoniously.
(B) It is the universal custom to display the flag only from sunrise to sunset on buildings and stationary flagstaffs in the open. When a patriotic effect is desired, however, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness.
(C) The flag should not be displayed on days when the weather is inclement, except when an all-weather flag is displayed.
(D) The flag should be displayed on all days, especially on those days designated as federal and state holidays.
(E) The flag should be displayed daily on or near the main administration building of every public institution.
(F) The flag should be displayed in or near every polling place on election days.
(G) The flag should be displayed during school days in or near every schoolhouse.
(2) The display of the District of Columbia flag will inculcate a spirit of patriotism in our citizens.
§ 1–142. Requirements as to display.
The flag of the District of Columbia shall be displayed in the same manner, at the same time, and on the same occasions as the flag of the United States is displayed in the District of Columbia pursuant to and consistent with federal law.
§ 1–143. Staff to be used.
Wherever practicable, the District of Columbia flag shall be flown on the same staff as the United States flag.
§ 1–144. Inside public buildings.
The flag of the District of Columbia shall be displayed inside all public buildings whenever and wherever the flag of the United States is displayed.
§ 1–145. Notice to commercial property owners.
The Department of Finance and Revenue shall give notice of the provisions of this subchapter in each real property tax bill sent to commercial property owners in the next mailing immediately following July 1, 1982.
Part B. District of Columbia Flag Adoption and Design.
§ 1–151. District of Columbia official flag.
The flag of the District of Columbia shall be 3 red stars in the upper portion of the flag (the chief), with 2 red horizontal bars on a field of white. All proportions described in this section are expressed in relation to the flag’s vertical dimension (the hoist). The chief shall be 3/10 of the hoist, the horizontal red bars shall be 2 /10 , the base and white space between the 2 bars shall be 2/10 and 1/10, respectively. The red stars shall be 2/10 in diameter, and shall be spaced equidistant in the fly. The length of the fly shall depend on the proportions of the flag upon which this design may be displayed.
§ 1–152. Inclusion of “DC” and “No Taxation Without Representation” within District of Columbia flag.
(a) After the design adopted under subsection (b) of this section becomes effective, the flag of the District of Columbia shall temporarily contain the language “DC” and “No Taxation Without Representation”.
(b) The placement and design of the language prescribed in subsection (a) of this section shall be established by act of the Council.
(c) The flag adopted pursuant to § 1-151 and subsection (b) of this section shall be flown officially as of 90 days following the effective date of the act specified in subsection (b) of this section.
(d) The language prescribed in subsection (a) of this section shall be removed from the flag when District of Columbia registered voters are able to vote for 2 Senators and one Representative with full rights and privileges in the Congress of the United States.
(e) The language prescribed in subsection (a) of this section shall not be required in instances where a reproduction of the flag is placed as a symbol on motor vehicles, District of Columbia government letterhead, or other objects.
(f) Notwithstanding subsections (a) and (b) of this section, the District government and any person may officially display a District of Columbia flag that contains the language “DC” and “No Taxation Without Representation” on June 14 of each year, known as Flag Day, until a design is officially adopted by the Council pursuant to subsection (b) of this section.
§ 1–153. Flag Design Advisory Commission.
(a) There is established a Flag Design Advisory Commission (“Commission”) with the purpose of preparing a recommendation for the placement and design of the language “DC” and “No Taxation Without Representation” on the District of Columbia flag.
(b) The Commission shall be composed of 7 members: the Mayor, or his or her designee; the Chairman of the Council, or his or her designee; the Chairman of the Council’s Subcommittee on Labor, Voting Rights, and Redistricting, or his or her designee; 2 persons appointed by the Mayor; and 2 persons appointed by the Chairman of the Council. The Chairman of the Council shall designate the Commission Chairman. All appointments shall be made within 30 days of March 25, 2003. Vacancies shall be filled in the same manner as the initial appointment was made.
(c) The Commission shall submit its recommendation in the form of a report to the Council no later than 4 months after March 25, 2003. The Commission shall approve its recommendation by a majority vote.
(d) Costs of the Commission and its members shall be borne by the members or paid through private contributions. The Commission is authorized to receive private-sector contributions. The Commission is authorized to use space and supplies owned or rented by the District of Columbia government, and to use staff loaned from the Council or detailed from the Mayor for such purposes consistent with this subchapter as the Commission may determine.
(e) The Commission shall have the authority to create and operate under its own rules of procedure.
(f) The books and records of the Commission shall be public documents.
§ 1–154. Use of donations and grants for flag replacement.
The Mayor is authorized to solicit, receive, accept, and expend donations or grants from private sources to defray the costs of replacing existing District of Columbia flags with flags that include the language prescribed in § 1-152(a).
§ 1–155. Commemorative flags.
(a)(1) An individual or organization may request from the Council, through an individual Councilmember, a District of Columbia flag that has been flown at the John A. Wilson Building, including on a specific date; provided, that a request for a flag flown on a specific date shall be made at least 10 business days before that date.
(2) Nothing in this section shall bind the Council to fulfill a request for a flag flown on a specific date.
(b)(1) A flag provided pursuant to subsection (a) of this section shall be accompanied by a personalized certificate that identifies the requestor to whom it is issued and authenticates that the flag was flown at the John A. Wilson Building on a specific date.
(2) The certificate issued pursuant to this subsection shall be signed by the Secretary to the Council.
(c) The Secretary to the Council may maintain an inventory of flags that have been flown at the John A. Wilson building so as to be able to fulfill requests for flags that do not specify a particular date; provided, that the date that each such flag was flown be cataloged for inclusion in the certificate to be issued pursuant to subsection (b) of this section.
(d) The Secretary to the Council shall:
(1) Develop a process and form for commemorative flag requests that shall provide an option for the requestor to donate to the New Columbia Statehood Fund established by § 1-129.32;
(2) Establish size, material, design, and vendor-source guidelines for flags to be flown and provided pursuant to this section; and
(3) Establish and collect a fee that covers:
(A) The cost of the flag and the certificate; and
(B) The cost of shipping or delivering the flag and certificate to the requestor.
(e) Funds collected pursuant to this section shall be credited as follows:
(1) The fee covering the cost of the flag and the certificate shall be deposited in the Council Reimbursement Fund established by § 1-156.
(2) Any donation to the New Columbia Statehood Fund shall be deposited in the New Columbia Statehood Fund established by § 1-129.32.
§ 1–156. Council Reimbursement Fund.
(a) There is established as a special fund the Council Reimbursement Fund ("Fund"), which shall be administered by the Secretary to the Council in accordance with subsections (b) and (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Fees covering the cost of a flag and certificate collected by the Council pursuant to § 1-155; and
(2) Any interest earned from the monies deposited into the Fund.
(c) Money in the Fund shall be used for operating expenses related to administering the program established under § 1-155.
(d)(1) The money deposited into the Fund, and interest earned, 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.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
Subchapter IV. Official Dinosaur of the District of Columbia.
§ 1–161. Capitalsaurus dinosaur.
(a) The Capitalsaurus dinosaur was discovered in January 1898, at First and F Streets, S.E., in the District of Columbia by workmen during a sewer connection project, and is the only known specimen of its kind in the world.
(b) The Capitalsaurus was a large meat eating reptile which may be an ancestor of the T. (tyrannosaurus) rex.
(c) About 110 million years ago, the Capitalsaurus lived in the District of Columbia with many other dinosaurs including herbivores.
(d) During the lifetime of the Capitalsaurus, the District of Columbia resembled the bayou country of southern Louisiana.
(e) The Capitalsaurus fossil discovered in 1898 is now at the Smithsonian Museum of Natural History in the type room.
(f) The Capitalsaurus is unique to the District of Columbia because its fossil remains have not been discovered anywhere else in the world.
(g) The vertebra of the dinosaur was given to the Smithsonian Institution as a gift by J.K. Murphy on January 28, 1898, and was recorded as accession number 33153 and specimen number NMNH 3049.
(h) District of Columbia Public School students have been studying the Capitalsaurus and many other dinosaurs from this area for years.
(i) The students have also helped to dig up dinosaurs fossils which are now part of the Smithsonian’s permanent collection.
(j) The Capitalsaurus shall be the official Dinosaur of the District of Columbia.
Subchapter IV-A. Official Rock of the District of Columbia.
§ 1–165.01. Legislative findings.
(a) Potomac Bluestone is a metamorphic rock that has a long and distinguished history in the District of Columbia.
(b) Before the founding of our nation, Potomac Bluestone was quarried by Native Americans and used by early colonists. Later, District residents, including Italian immigrants and African Americans, followed in the footsteps of the first Americans and also quarried this ancient and important rock.
(c) Potomac Bluestone has been used extensively in construction in the District of Columbia.
(d) Potomac Bluestone was used as the foundation for the White House, the Capitol, and the Washington Monument.
(e) Many houses in the northwest section of the District are also made of Potomac Bluestone, including the Old Stone House in Georgetown, which was built in 1765.
(f) Other notable area structures with Potomac Bluestone are Georgetown’s Healey Building, St. Elizabeths Hospital, the Chain Bridge abutments, and the sea wall at Hains Point. The rock is also at the National Zoo, in the Panda House, the Elephant House, and the Mane Restaurant.
§ 1–165.02. Potomac Bluestone.
The Potomac Bluestone is hereby designated the official rock of the District of Columbia.
Subchapter IV-B. Official Fish of the District of Columbia.
§ 1–166.01. Official fish of the District of Columbia.
(a) The American shad (Alosa sapidissima) is an anadromous species of game fish native to the eastern United States and Canada. Spending much of their lives at sea, American shad leave the ocean to find river systems and migrate, or "run," upstream into freshwater environments to spawn in their birthplaces, including the Potomac River.
(b) Once abundant in the Potomac River watershed and considered one of the most valuable commercial fisheries in the United States, the American shad has experienced species-threatening declines throughout the entirety of its native range. A combination of factors have contributed to these declines, such as overfishing, degraded water quality, the recovery of shad predator species, the closing of historic shad spawning waters, and the building of dams for hydroelectric power.
(c) In response to American shad population declines, the District and others, beginning in 2005, undertook restoration activities, including education, reopening fish passages, manual spawning, chemical marking, stocking, and identification. Since restoration efforts began, more than 10 miles of closed spawning surface waters have been opened and more than 10 million American shad hatchlings have been manually spawned and released.
(d) In 2011, the Potomac River Fisheries Commission reported that American shad population targets for the Potomac River established by the Atlantic States Marine Fisheries Commission have been met and that the American shad population for the Potomac River had recovered. The District will continue its restoration efforts to ensure the future of the species.
(e) The American shad (Alosa sapidissima) is hereby designated the official fish of the District of Columbia.
Subchapter IV-C. Official Amphipod of the District of Columbia.
§ 1–166.51. Official amphipod of the District of Columbia.
(a) The Hay's Spring amphipod (Stygobromus hayi) is a federally-endangered, globally-rare species of crustacean that is native to, and found only in, a few springs within the District's portion of the Rock Creek watershed.
(b) Spending most of its life underground, the Hay's Spring amphipod lives in groundwater seeps.
(c) The Hay's Spring amphipod measures 5-10 millimeters in length, and is colorless and blind because it lives underground.
(d) The species is highly sensitive to groundwater contaminants and is therefore a strong indicator of the health of the District's natural ecosystems, especially Rock Creek and Rock Creek Park.
(e) The Hay's Spring amphipod (Stygobromus hayi) is hereby designated the official amphipod of the District of Columbia.
Subchapter IV-D. Official Music of the District of Columbia.
§ 1–167.01. History of Go-Go Music.
(a) Go-go music originated in the District of Columbia during the mid-1960s to late 1970s.
(b) Initially, "go-go" was a term used to identify a music club where young people gathered and where, between songs, the percussion section of the band would continue to play while the band leader engaged the audience through melodic call-and-response sessions.
(c) Go-go is a fusion of musical forms, drawing inspiration from funk, blues, soul, and salsa, and blending them seamlessly, with its syncopated polyrhythms and multiple percussion instruments.
(d) During the 1980s, the Department of Parks and Recreation "Munch for Lunch" program used its Showmobile, a stage on wheels, to provide free go-go concerts in various locations several times a week for lunchtime crowds to enjoy.
(e) The 1987 hit "Da Butt" by Chuck Brown and the group Experience Unlimited, also known as E.U., was performed for the soundtrack for Spike Lee's film School Daze, giving Go-Go a national stage.
(f) Many local residents who went on to join groups such as Rare Essence, Trouble Funk, Junkyard Band, Backyard Band, TCB, TOB, and Chuck Brown and the Soul Searchers, gained their musical experience in District public-school marching bands.
(g) Chuck Brown has been repeatedly and officially honored as the "Godfather of Go-Go."
(h) Go-go music encapsulates the range of personal experiences in local communities around the District and expresses them in a unifying force.
(i) Go-go music is a multifaceted art form that fully captures the cultural and artistic expressions of the District.
(j) Go-go music is hereby designated the official music of the District of Columbia.
§ 1–167.02. Go-Go Music Preservation Plan.
No later than 240 days after April 11, 2020, the Mayor shall create and submit to the Council a plan to support, preserve, and archive go-go music and its history, including the responsibilities of various District agencies such as the Archives, the Office of Cable Television, Film, and Music Entertainment, and the District of Columbia Public Library.
Subchapter IV-E. Official State Mammal of the District of Columbia.
§ 1–167.31. Official state mammal of the District of Columbia.
(a) The Big Brown Bat (Eptesicus fuscus) is a species of mouse-eared bat found throughout the United States, including the District of Columbia.
(b) Bats are the only flying mammals. The Big Brown Bat can fly up to 40 miles per hour, one of the fastest bats.
(c) The Big Brown Bat is considered large for an American bat, and has a wingspan of 12-16 inches and a weight of 14-21 grams. A big brown bat can live up to 18-20 years in the wild.
(d) The Big Brown Bat uses echolocation to forage for insects, preferring to eat beetles with its jaws that can chew through the hard exoskeletons, but also eating a variety of other insects including moths, flies, wasps, and flying ants that they capture in flight.
(e) The Big Brown Bat (Eptesicus fuscus) is hereby designated the official state mammal of the District of Columbia.
Subchapter V. Official Fruit of the District of Columbia.
§ 1–171. Cherry designated official fruit.
(a) Twenty-six states have an official fruit, 2 of which picked their official fruit based on suggestions from children.
(b) Washington, D.C. is named in honor of our first president, George Washington, who is symbolically associated with the cherry because of the well-known tale of the president, as a child, and a certain cherry tree, the moral of which was the importance of honesty.
(c) Every year, the District of Columbia holds the Cherry Blossom Festival, which includes a parade and other events celebrating the beauty of the cherry tree and the original gift, in 1912, of 3,000 cherry trees from the city of Tokyo to the people of Washington, D.C.
(d) Washington, D.C. is more closely associated with the cherry than any other fruit.
(e) The matter of an official fruit was studied by the students in Mr. Bunton’s class at Bowen Elementary School, and they proposed that the cherry be named the official fruit of the District of Columbia.
(f) The District of Columbia Board of Education supports the students.
(g) The cherry is hereby designated the official fruit of the District of Columbia.
§ 1–172. Inclusion of “DC” and “No Taxation Without Representation” within District of Columbia flag. [Transferred]
Recodified as § 1-152.
§ 1–173. Flag Design Advisory Commission. [Transferred]
Recodified as § 1-153.
§ 1–174. Use of donations and grants for flag replacement. [Transferred]
Recodified as § 1-154.
Subchapter VI. District of Columbia Emancipation Day Parade and Fund.
§ 1–181. Definitions.
For the purposes of this subchapter, the term:
(1) “Emancipation Day Parade” means the parade, and associated activities, including the provision of food, snacks, entertainment, and non-alcoholic beverages to the general public, participants, and District government employees, held to celebrate and commemorate District of Columbia Emancipation Day.
(2) “Fund” means the Emancipation Day Fund.
§ 1–182. Establishment of Emancipation Day Parade.
There is established the Emancipation Day Parade, to annually celebrate and commemorate District of Columbia Emancipation Day. For Fiscal Year 2015 only, the Council committee with oversight related to the District of Columbia Emancipation Day shall continue to coordinate the District of Columbia Emancipation Day activities in consultation with the Office of the Mayor.
§ 1–183. Emancipation Day Fund.
(a) There is established the Emancipation Day Fund (“Fund”) to receive monies for the purposes of funding the Emancipation Day Parade and activities associated with the celebration and commemoration of District of Columbia Emancipation Day.
(b) The monies in the Fund shall not be a part of, or lapse into, the General Fund of the District of Columbia or any other fund of the District.
(c) By August 1st of each year, the Secretary of the District of Columbia shall submit a report to the Council that shall include a specific accounting of the expenditure of money in the Fund and any remaining balance. The report shall include:
(1) The name of any donors or list of anonymous contributions;
(2) The amount of each contribution;
(3) A description of any donated property;
(4) A description of the use of monies for presenting the Emancipation Day Parade; and
(5) Costs of parade-related programs, activities, purchases, and functions for which the money have been expended.
(d) Monies shall only be expended from the Fund for the administration of the Emancipation Day Parade. A minimum of 15% of the monies in the Fund shall be used to purchase and provide educational materials. The Fund may be used to purchase food, snacks, entertainment, and non-alcoholic beverages for the general public, participants, and District government employees to celebrate Emancipation Day.
(e) Each agency, including the Metropolitan Police Department, the District Department of Transportation, the Department of Public Works, and the Department of Parks and Recreation, shall absorb permitting, staffing, and related costs associated with the conduct of the Emancipation Day Parade.
Subchapter VII. Juneteenth History and Planning Commission. [Not Funded]
§ 1–185.01. Juneteenth History and Planning Commission established. [Not Funded]
Not Funded.
