Chapter 13A. Motor Vehicle Theft Prevention Commission.

§ 3–1351. Definitions.

For the purposes of this chapter, the term:

(1) “Commission” means the Motor Vehicle Theft Prevention Commission established by § 3-1352.

(2) “Fund” means the General Fund of the District of Columbia.

(3) “Motor vehicle” shall have the same meaning as provided in § 50-1501.01(1).

§ 3–1352. Establishment of Motor Vehicle Theft Prevention Commission.

(a) There is established a Motor Vehicle Theft Prevention Commission.

(b) The purpose of the Commission is to improve and support motor vehicle theft law enforcement, prosecution, prevention, and community-education programs to reduce the incidence of motor vehicle theft in the District of Columbia. The Commission shall focus on strategies to improve public awareness/prevention, law enforcement, prosecution, and juvenile intervention.

§ 3–1353. Appointment; terms of office; removal; compensation.

(a) The Commission shall consist of the following 9 members:

(1) The Chief of the Metropolitan Police Department, or his or her designee at the level of Assistant Chief;

(2) The Commissioner of the Department of Insurance, Securities, and Banking, or his or her designee at the level of Deputy Commissioner;

(3) The Director of the Department of Motor Vehicles, or his or her designee at the level of Deputy Director; and

(4) Six members appointed by the Mayor, subject to the advice and consent of the Council, in accordance with § 1-523.01, as follows:

(A) Two public members who shall be both owners of registered motor vehicles in and residents of the District of Columbia;

(B) One representative of an insurance company that issues motor vehicle insurance policies in the District of Columbia;

(D) One member who is either a fleet owner or a rental vehicle carrier representative doing business in the District of Columbia.

(b) Except as provided in subsection (c) of this section, the members appointed pursuant to subsection (a)(4) of this section shall serve for a term of 3 years.

(1) One member appointed pursuant to subsection (a)(4)(A) of this section and the member appointed pursuant to subsection (a)(4)(B) of this section shall be appointed to terms to expire on June 30, 2009.

(2) One member appointed pursuant to subsection (a)(4)(A) of this section and one member appointed pursuant to subsection (a)(4)(C) of this section shall be appointed to terms to expire on June 30, 2010.

(3) One member appointed pursuant to subsection (a)(4)(C) of this section and the member appointed pursuant to subsection (a)(4)(D) of this section shall be appointed to terms to expire on June 30, 2011.

(d) Members of the Commission shall be eligible for reappointment.

(e) A vacancy on the Commission shall be filled in the same manner that the original appointment was made. A person appointed to fill a vacancy shall serve only for the unexpired term of the original appointment, but may be reappointed to one or more additional terms.

(f) The Mayor shall designate one of the members appointed pursuant to subsection (a)(4)(A) of this section to serve as Chair of the Commission, with the advice and consent of the Council by resolution. The Chair shall be designated to serve for a period of 3 years or until the expiration of the member’s term, whichever shall occur earlier. The Chair shall be eligible for reappointment.

(g)(1) The Mayor shall remove a member of the Commission for failing to establish or maintain District residency (where District residency is a requirement of appointment). The Mayor may remove a member of the Commission for misconduct or neglect of duty, or for other cause as defined by the Commission in its bylaws.

(2) A member of the Commission who is indicted for the commission of a felony shall be automatically suspended from serving on the Commission. Upon a determination of guilt, the term of the Commission member shall be automatically terminated. Upon acquittal or dismissal of the prosecution, the term of the Commission member shall be automatically reinstated.

(h) Members of the Commission shall serve without compensation, but shall be entitled to receive reimbursement for reasonable expenses incurred while actually performing duties vested in the Commission.

(i) A quorum shall consist of the presence of 5 or more members. A quorum shall be necessary for the Commission to conduct its business.

(j) The Commission shall meet at least quarterly.

(k) All meetings of the Commission shall be subject to § 1-207.42.

§ 3–1354. Powers of Commission.

The Commission may:

(1) Make grants and provide financial support to:

(A) Law enforcement and correctional agencies, prosecutors, the judiciary, and community organizations for programs designed primarily to reduce motor vehicle theft and to improve the administration of motor vehicle theft laws; and

(B) Law enforcement and prosecutorial agencies to purchase new technology and provide training related primarily to motor vehicle theft;

(2) Conduct programs designed to inform owners of motor vehicles about the financial and social costs of motor vehicle theft and suggest to those owners methods for preventing motor vehicle theft;

(3) Conduct or commission studies to assess the scope of motor vehicle theft and to analyze criminal justice policies, programs, plans, and methods to combat motor vehicle theft;

(4) Develop and sponsor the implementation of plans and strategies to combat motor vehicle theft and to improve the administration of the motor vehicle theft laws, and provide an effective forum for identification of critical problems associated with motor vehicle theft;

(5) Coordinate the development, adoption, and implementation of plans and strategies relating to interagency or intergovernmental cooperation with respect to motor vehicle theft law enforcement in the District of Columbia;

(6) Promulgate bylaws to govern the operations of the Commission;

(7) Enter into contracts for goods and services;

(8) Hire employees, consultants, and contractors to administer the Commission and effectuate the purposes of the Commission;

(9) Establish priority for, allocate, disburse, contract for, and spend its authorized budget to effectuate the purposes of the Commission;.

(10) Apply for, solicit, or receive funds that are made available to the Commission from any source to effectuate the purposes of the Commission;

(11) Accept non-monetary contributions, including the services of individuals, mailings, printing, office equipment, facilities, and supplies that are necessary or useful to carry out the functions of the Commission; and

(12) Exercise such other power as is usually possessed by private business organizations organized under the laws of the District, to the extent that the exercise of such powers is to effectuate the purposes of the Commission and is not inconsistent with federal or District law.

(July 18, 2008, D.C. Law 17-197, § 5, 55 DCR 6277; June 19, 2013, D.C. Law 19-320, § 503(a), 60 DCR 3390.)

Section References

This section is referenced in § 3-1358.

Effect of Amendments

The 2013 amendment by D.C. Law 19-320 deleted “subject to the financial limit in § 3-1358(a)(2)” from the end of (8); substituted “its authorized budget to effectuate the purposes of the Commission” for “funds in the Fund to effectuate the purposes of the Commission, except as restricted by § 3-1358” in (9); deleted “for deposit into the Fund” following “receive funds” in (10); and deleted “provided, that non-monetary contributions shall not be included in the costs of administration limitation prescribed by § 3-1358(a)(2)” following “Commission” in (11).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 503(a) of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of this section, see § 503(a) of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

§ 3–1355. Annual audit and report.

Beginning in 2008, the Commission shall provide an annual report to the Mayor and the Council by November 30th of each year. The report shall include a description of the Commission’s activities for the prior fiscal year and a financial statement relating to the activities and business of the Commission during the preceding fiscal year certified as to its accuracy by an independent auditor.

§ 3–1356. Establishment of Motor Vehicle Theft Prevention Fund. [Repealed]

Repealed.

§ 3–1357. Payments into Fund. [Repealed]

Repealed.

(July 18, 2008, D.C. Law 17-197, § 8, 55 DCR 6277; Aug. 16, 2008, D.C. Law 17-219, § 3018, 55 DCR 7598; June 19, 2013, D.C. Law 19-320, § 503(b), 60 DCR 3390.)

Effect of Amendments

D.C. Law 17-219, in par. (2), inserted “The maximum amount of fines deposited into the Fund from this paragraph shall be $275,000 in fiscal year 2009, $750,000 in fiscal year 2010, $1 million in fiscal year 2011, and increased annually, beginning in fiscal year 2012, by 5%.”

Emergency Legislation

For temporary repeal of section, see § 503(b) of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) repeal of this section, see § 503(b) of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).

Short Title

Short title: Section 3017 of D.C. Law 17-219 provided that subtitle H of title III of the act may be cited as the “Motor Vehicle Theft Prevention Commission Annual Maximum Appropriations Amendment Act of 2008”.

§ 3–1358. Use of budget authority.

(a) The Commission may use its budget authority:

(1) To effectuate the purposes of the Commission pursuant to the powers set forth in § 3-1354; and

(2) To pay the Commission’s costs to administer the Commission.

(b) Grants and financial support pursuant to § 3-1354(1) shall be used to complement, not supplement, existing resources, and to expand or encourage new initiatives to reduce the incidence of motor vehicle theft in the District of Columbia.

(July 18, 2008, D.C. Law 17-197, § 9, 55 DCR 6277; June 19, 2013, D.C. Law 19-320, § 503(c), 60 DCR 3390.)

Effect of Amendments

The 2013 amendment by D.C. Law 19-320 rewrote the section heading, which read “Expenditures from Fund”; substituted “use its budget authority” for “expend money in the Fund” in the introductory language of (a); and deleted “and the Fund; provided, that money expended for this purpose shall not in any fiscal year exceed 15% of the amount of funds deposited in the Fund during the same fiscal year” from the end of (a)(2).

Emergency Legislation

For temporary amendment of section, see § 503(c) of the Omnibus Criminal Code Amendments Emergency Amendment Act of 2012 (D.C. Act 19-599, January 14, 2013, 60 DCR 1017).

For temporary (90 days) amendment of this section, see § 503(c) of the Omnibus Criminal Code Amendment Congressional Review Emergency Act of 2013 (D.C. Act 20-44, April 1, 2013, 60 DCR 5381, 20 DCSTAT 1281).