Hearings

TITLE XV-SUCCESSION IN GOVERNMENT

Sec. 1501. Transfer of personnel, property, and funds.

Sec. 1502. Existing statutes, regulations, and so forth.
Sec. 1503. Pending actions and proceedings.

Sec. 1504. Vacancies resulting from abolition of Board of Commissioners.

TITLE XVI-SEPARABILITY OF PROVISIONS

Sec. 1601. Separability of provisions.

TITLE XVII-TEMPORARY PROVISIONS

Sec. 1701. Powers of the President during transition period.

Sec. 1702. Reimbursable appropriation for the District for the period ending June 30, 1950. TITLE XVIII-EFFECTIVE DATES

SEC. 101. For the purposes of this Act

(1) The term "District" means the District of Columbia.

(2) The term "District Council" means the Council of the District of Columbia provided for by title III.

(3) The term "Chairman" means the Chairman of the District Council provided for by title III.

(4) The term "District Manager" means the District Manager provided for by title V.

(5) The term "qualified elector" means a qualified elector of the District as specified in section 1206 (b).

(6) The term "expenditure", when applied to any period of time, includes an obligation to expend incurred during such period, but does not include a disbursement made in such period if the obligation to make such disbursement was incurred in a prior period.

(7) The term "person" includes an individual, partnership, association, jointstock company, trust, or corporation.

(8) The term "budget year" means the fiscal year for which any particular budget becomes effective and in which such budget is administered.

(9) The term "capital project", or "project", means (a) any physical public betterment or improvement and any preliminary studies and surveys relative thereto; (b) the acquisition of property of a permanent nature; or (c) the purchase of equipment for any public betterment or improvement when first erected or acquired.

(10) The term "pending", when applied to any capital project, means authorized but not yet completed.

TITLE II-STATUTE OF THE DISTRICT

STATUS OF THE DISTRICT

SEC. 201. (a) All the territory which was ceded by the State of Maryland to the Congress of the United States for the permanent seat of the government of the United States shall continue to be designated as the District of Columbia. The District of Columbia is hereby declared to be a body politic and corporate

HOME RULE FOR THE DISTRICT OF COLUMBIA

contract and be contracted with, and have a corporate seal. Such body politic and corporate is the successor of the District of Columbia created by section 2 of the Revised Statutes relating to the District of Columbia and continued by the first section of the Act of June 11, 1878 (D. C. Code, 1940 edition, section 1-102). So far as is consistent with the provisions of this Act, all powers, rights, privileges, immunities, duties, obligations, assets, and liabilities of the District of Columbia created by such section 2 are hereby transferred to, vested in, and imposed upon the body politic and corporate created by this section.

(b) Section 1 of the Act of February 21, 1871 (16 Stat. 419) and section 1 of the Act of June 11, 1878 (20 Stat. 102), are hereby repealed.

TITLE III-THE DISTRICT COUNCIL

PART 1-CREATION OF DISTRICT COUNCIL

CREATION AND MEMBERSHIP

SEC. 301. (a) There is hereby created a Council of the District of Columbia consisting of eleven members, nine of whom shall be elected as provided in title XII, and two of whom shall be appointed, without regard to political affiliation, by the President by and with the advice and consent of the Senate.

(b) The terms of the offices on the District Council to be filled by appointment shall be four years beginning on January 1 following the expiration of the preceding terms of such offices, except that (1) the terms of office of the first appointed members shall expire, as designated by the President at the time of appointment, one at the close of December 31, 1953, and the other at the close of December 31, 1955; and (2) the term of office of a member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed, shall be appointed for the remainder of such term.

QUALIFICATIONS FOR HOLDING OFFICE

SEC. 302. No person shall hold the office of member of the District Council unless he (1) is a qualified elector, (2) resides and is domiciled in the District, (3) holds no other elective public office, and (4) holds no appointive office for which compensation is provided out of District funds.

COMPENSATION

SEC. 303. Each member of the District Council, except the Chairman, shall receive compensation at a rate of $5,000 per annum, payable in equal monthly installments. The Chairman shall receive compensation at a rate of $7,500 per annum, payable in equal monthly installments, with a general expense account of $3,000 per annum plus such additional allowances for expenses as may be authorized by the District Council.

PART 2-PRINCIPAL FUNCTIONS OF THE DISTRICT COUNCIL

FUNCTIONS HERETOFORE EXERCISED BY THE BOARD OF COMMISSIONERS

SEC. 321. (a) Except as otherwise provided in this Act, all functions granted to or imposed upon the Board of Commissioners of the District are hereby transferred to the District Council.

(b) The Board of Commissioners of the District is hereby abolished.

FUNCTIONS RELATING TO ZONING

SEC. 322. (a) The Zoning Commission created by the first section of the Act of March 1, 1920, creating a Zoning Commission for the District of Columbia, as amended (D. C. Code, 1940 edition, sec. 5-412), is hereby abolished, and its functions are, to the extent not inconsistent with section 1405 (c), transferred to the District Council.

(b) The Zoning Advisory Council created by section 5 of the Act of June 20, 1938, providing for the zoning of the District (D. C. Code, 1940 edition, sec. 5-417) is hereby abolished, and its functions are transferred to the National

CERTAIN DELEGATED FUNCTIONS

SEC. 323. No function of the Board of Commissioners of the District which such Board has delegated to an officer or agency of the District shall, for the purposes of section 321, be considered as a function granted to or imposed upon the Board. Except as otherwise provided in section 913 (a), each such function is hereby transferred to the officer or agency to whom or to which it was delegated.

ORDINANCES

SEC. 324. (a) The District Counsel

(1) may pas ordinances to carry out those functions of a legislative character transferred to it by section 321;

(2) may pass ordinances (hereinafter referred to as "zoning ordinances") to carry out those functions of a legislative character transferred to it by section 322 (a); and

(3) may pass ordinances providing for the exercise, otherwise than by the District Council itself, of functions (other than functions of a legislative character) transferred to it by sections 321 and 322 (a).

(b) An ordinance (other than a zoning ordinance) shall take effect as law upon passage by the District Council.

LEGISLATIVE PROPOSALS

SEC. 325. (a) Except as provided in section 326 (a), the District Council may pass legislative proposals on any subject coming within the scope of the power of Congress in its capacity as legislature for the District of Columbia, as distinguished from its capacity as the national legislature.

(b) A legislative proposal passed by the District Council shall take effect as law only as provided in title IV.

LIMITATIONS ON POWERS OF DISTRICT COUNCIL

SEC. 326. (a) The District Council may not pass any legislative proposal or ordinance

(1) imposing any tax on property of the United States;

(2) granting an exclusive privilege, immunity, or franchise;

(3) authorizing any lottery or the sale of lottery tickets or authorizing any form of gambling;

(4) authorizing the use of public money in support of any sectarian, denominational, or private school;

(5) lending the public credit for support of any private undertaking; or (6) amending section 321, 322, 324, 325, or 336, title IV, this subsection, or subsection (b) or (c) of this section.

(b) Any legislative proposal amending any provision of title III, V (except section 504), XI or XII may be passed by the District Council only by the affirmative vote of at least two-thirds of the members then holding office.

(c) Any legislative proposal authorizing the issuance of bonds may be passed only in compliance with the provisions of title VII.

CREATION AND ABOLITION OF ADVISORY BOARDS AND COMMISSIONS

SEC. 327. (a) The District Council may by ordinance create such advisory boards and commissions as it deems necessary or appropriate for the proper functioning of the District government, and may provide for the appointment and fix the compensation of the members thereof.

(b) The District Council may by ordinance reorganize or abolish any advisory board or commission created pursuant to subsection (a).

PART 3-ORGANIZATION AND PROCEDURE OF THE DISTRICT COUNCIL

THE CHAIRMAN

SEC. 331. The District Council shall elect from among its members a Chairman who shall be the presiding officer of the District Council, the official spokesman

HOME RULE FOR THE DISTRICT OF COLUMBIA

of the first Chairman shall expire at the close of December 31, 1953, and at the close of December 31 of each succeeding odd-numbered year the term of office of the incumbent Chairman shall expire.

SECRETARY OF THE DISTRICT COUNCIL; RECORDS AND DOCUMENTS

SEC. 332. (a) The District Council shall appoint a secretary who shall serve at the pleasure of the District Council as its chief administrative officer. The secretary shall receive a salary at a rate to be fixed by the District Council by ordinance.

(b) The person duly acting as secretary shall have the authority vested by law in the secretary and assistant secretary of the Board of Commissioners of the District, and shall (1) keep a full record of the proceedings of the District Council, (2) keep a journal showing the text of all legislative proposals and ordinances introduced, the substance of the debates, and the ayes and noes of each vote, (3) authenticate by his signature and record in full, in a book kept for the purpose, all legislative proposals, ordinances, and resolutions, passed by the District Council, (4) as custodian, use and authenticate the corporate seal of the District, in accordance with the rules of the District Council, and (5) preside at meetings of the District Council when the office of Chairman is vacant.

MEETINGS

SEC. 333. (a) The first meeting of the District Council after this part takes effect shall be called by the member who receives the highest vote in the election provided in title XII. He shall preside until a Chairman is elected. The first meeting of the District Council in each even-number year commencing with 1954 shall be called by the secretary of the District Council for a date not later than January 7 of such year.

(b) The District Council shall by resolution provide for the time and place of its regular meetings. The District Council shall hold at least one regular meeting in each calendar week, except that during July and August it shall hold at least two regular meetings in each month.

FORM OF LEGISLATIVE PROPOSALS AND ORDINANCES

SEC. 334. (a) The enacting clause of all legislative proposals passed by the District Council shall be "Be it enacted by the Council of the District of Columbia,".

(b) The ordaining clause of all ordinances passed by the District Council shall be "The Council of the District of Columbia hereby ordains,".

(c) The resolving clause of all resolutions passed by the District Council shall be "The Council of the District of Columbia hereby resolves,”.

MINIMUM PERIOD FOR CONSIDERING LEGISLATIVE PROPOSALS AND ORDINANCES SEC. 335. The District Council shall not pass any legislative proposal or ordinance before the thirteenth day following the day on which it is introduced, except upon unanimous vote of the members present.

PROCEDURE FOR ZONING ORDINANCES

SEC. 336. (a) Before any zoning ordinance for the District is passed by the District Council

(1) the District Council shall deposit the ordinance in its introduced form, with the National Capital Park and Planning Commission. Such Commission shall within thirty days after the date of such deposit, report to the District Council whether the interests of the Federal Government would best be served by passing the ordinance in its introduced form, by passing it in an amended form suggested by the Commission, or by its rejection. The District Council may not pass the ordinance unless it has received such report or the Commission has failed to report within the thirty-day period above specified;

(2) the District Council (or an appropriate committee thereof) shall hold a public hearing on the ordinance. At least thirty days' notice of the hearing