compensation of the members thereof), and (3) in otherwise carrying into effect the provisions of this Act. (b) The full amount of expenditures out of the appropriations made under this authorization shall be reimbursed to the United States, without interest, during the fiscal year ending June 30, 1951, from the general fund of the District of Columbia. TITLE XVIII-EFFECTIVE DATES EFFECTIVE DATES SEC. 1801. (a) As used in this title, title XIX, and title XX, the term "charter" means titles I to XVI, both inclusive. (b) The charter shall take effect only if accepted pursuant to title XIX. If the charter is so accepted, it shall take effect on the day following the date on which it is accepted (as determined pursuant to section 1906), except that— (1) part 2 of title IV, and sections 1001, 1010 (c), 1013, 1102, 1103, 1406, and 1411 shall take effect April 1, 1950; (2) sections 606 and 607, title IX, title X (except section 1001, section 1010 (c), and section 1013), title XII, and sections 1405, 1407, 1408, 1409, and 1410 shall take effect July 1, 1950; (3) sections 602 to 605, inclusive, shall take effect on the day after the day upon which the District Manager first appointed takes office; (4) title VII and sections 1413 and 1414 shall be applicable only with respect to the fiscal year ending June 30, 1952, and each succeeding fiscal year. (c) Titles XVII, XVIII, XIX, and XX shall take effect on the day following the date on which this Act is enacted. TITLE XIX-SUBMISSION OF CHARTER FOR REFERENDUM CHARTER REFERENDUM SEC. 1901. (a) On November 15, 1949, a referendum (in this title referred to as the "charter referendum") shall be conducted to determine whether the registered qualified electors of the District of Columbia accept the charter. (b) As used in this title, the term "qualified elector" means a person (1) who has resided or has been domiciled in the District of Columbia continuously since November 15, 1948, (2) who is a citizen of the United States, (3) who is, or will be on November 15, 1949, at least twenty-one years old, (4) who has never been convicted of a felony in the United States or, if he has been so convicted, has been pardoned, and (5) who is not mentally incompetent, as adjudged by a court of competent jurisdiction. CHARTER REFERENDUM BOARD SEC. 1902. (a) There is hereby created as an agency of the District of Columbia government a Charter Referendum Board, consisting of five members, as follows: (1) the President of the Board of Commissioners of the District of Columbia, and (2) four individuals who are not employees of such District, appointed by the President of the United States from among the qualified electors who reside and are domiciled in the District. No individual shall be so appointed unless he executes an affidavit that he resides and is domiciled in the District. The President of the United States shall designate the member who shall act as chairman of the Board. (b) The Charter Referendum Board shall— (1) prepare and maintain a registry; (2) conduct the charter referendum provided for by section 1901; (3) in addition to determining appeals with respect to matters referred to in sections 1903 and 1905, determine appeals with respect to any other matters which (under regulations prescribed by it under subsection (c)) may be appealed to it; (4) print, distribute, and count ballots, or provide and operate suitable voting machines; (5) divide the District of Columbia into appropriate voting precincts, each of which shall contain at least 350 registered persons; (6) operate polling places; (7) certify the result of the charter referendum; and (8) perform such other functions as are imposed upon it by this title. (c) The Charter Referendum Board may prescribe such regulations, not inconsistent with the provisions of this title, as may be necessary or appropriate for the purposes of this title, including regulations providing for appeals to it on questions arising in connection with registrations and voting (in addition to matters referred to in sections 1903 and 1905) and for determination by it of appeals. (d) The officers and agencies of the District of Columbia government shall furnish to the Charter Referendum Board, upon request of such Board, such space and facilities in public buildings in the District of Columbia to be used as registration or polling places, and such records, information, services, personnel, offices, and equipment, and such other assistance and facilities, as may be necessary to enable such Board properly to perform its functions. (e) In the performance of its duties, the Charter Referendum Board shall not be subject to the direction of any nonjudicial officer of the District of Columbia. (f) Members of the Charter Referendum Board other than the President of the Board of Commissioners shall hold no other office or employment in the District of Columbia government. Not more than three members shall be registered members of the same political party. (g) Each member of the Charter Referendum Board except the President of the Board of Commissioners shall be paid compensation at the rate of $250 a month, but not to exceed a total of $1,500. The provisions of section 1412, notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this title, shall apply with respect to members of the Charter Referendum Board in the same manner as it applies with respect to members of the agencies specified therein. (h) The Charter Referendum Board, and persons authorized by it, may administer oaths to persons executing affidavits pursuant to section 1903. It may provide for the administering of such other oaths as it considers appropriate to require in the performance of its functions. (i) The Charter Referendum Board may employ necessary personnel and may fix their compensation without regard to the Classification Act of 1923, as amended. (j) The records and accounts of the Charter Referendum Board shall, subject to such limitations prescribed by such Board as are reasonably necessary to the exercise of its functions, be open to public inspection during regular business hours. Such requirement shall not extend to records and accounts the disclosure of which would tend to defeat the lawful purpose which they are intended to accomplish. (k) The Charter Referendum Board shall cease to exist at the close of the day on which the charter is accepted (as determined pursuant to section 1906) or at the close of December 31, 1949, whichever is earlier. (1) If the charter is accepted under this title, the function of winding up the affairs of the Charter Referendum Board shall be exercised, after such Board ceases to exist, by the Board of Elections created by section 1301. If the charter is not accepted under this title, such function shall be exercised, after such Board ceases to exist, by the Board of Commissioners of the District of Columbia. REGISTRATION SEC. 1903. (a) The Charter Referendum Board shall conduct within the District of Columbia a registration of the qualified electors of such District, commencing as soon as practicable after the enactment of this Act (but in no event later than August 1, 1949) and continuing until October 1, 1949. (b) Prior to the commencement of such registration, the Charter Referendum Board shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the registration places, the dates and hours of registration, and the registration affidavit form prescribed under subsection (e). (c) No qualified elector may vote in the charter referendum unless he is registered in the District of Columbia. (d) No person shall be registered unless (1) he is a qualified elector; (2) except as prevented by physical disability, he can read and write the English language, as shown by his ability to read and complete the affidavit prescribed by paragraph (3); and (3) he executes a registration affidavit, completed in his own handwriting (unless prevented by physical disability) and on the form prescribed by the Charter Referendum Board pursuant to subsection (e), showing (A) that he meets each of the requirements specified in section 1901 (b) for a qualified elector; (B) that he has no intention of doing any act which would prevent him from being a qualified elector on November 15, 1949; and (C) facts indicating whether he is or is not domiciled in the District of Columbia. (e) In administering the provisions of subsection (d) (3), the Charter Referendum Board shall prepare and use a registration affidavit form in which each request for information is readily understandable and can be satisfied by a concise answer or mark. With respect to each requirement named in or imposed by such subsection, the Board may make such requests for specific information as in its judgment may be necessary or appropriate to show whether a person seeking to register meets such requirement. (f) In any case where a person is not permitted to register, such person may appeal to the Charter Referendum Board, but not later than October 3, 1949. The Board shall decide within seven days after the appeal is perfected whether the challenged elector is entitled to register. If the appeal is denied, the appellant may, within three days after such denial, appeal to the Municipal Court for the District of Columbia. The court shall decide the issue not later than November 8, 1949. If the appeal is upheld by either the Board or the Court, the challenged elector shall be allowed to register immediately. CHARTER REFERENDUM BALLOT; NOTICE OF VOTING SEC. 1904. (a) The charter referendum ballot shall contain the following, with the blank space appropriately filled: 1949, proposes "The District of Columbia Charter Act, enacted to establish a new charter for the District of Columbia, but provides that the charter shall take effect only if it is accepted by the registered qualified electors of the District in this referendum. "By marking a cross (X) in one of the squares provided below, show whether you are for or against the charter. For the charter Against the charter" (b) Voting may be by paper ballot or by voting machine. The Board of Elections may make such changes in the second paragraph of the charter referendum ballot as it determines to be necessary to permit the use of voting machines if such machines are used. (c) Not later than November 1, 1949, the Charter Referendum Board shall mail to each person registered (1) a sample of the charter referendum ballot, and (2) information showing the polling place of such person and the date and hours of voting. (d) Not later than November 8, 1949, the Charter Referendum Board shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the polling places and the date and hours of voting. METHOD OF VOTING SEC. 1905. The applicable provisions of section 1311, with respect to method of voting, notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this title, shall govern the conduct of voting in the charter referendum, except that for such purpose (1) references therein to the Board of Elections shall be considered to apply to the Charter Referendum Board; and (2) the Charter Referendum Board shall appoint suitable watchers at each polling place. ACCEPTANCE OR NONACCEPTANCE OF CHARTER SEC. 1906. (a) If a majority of the registered qualified electors voting in the charter referendum vote for the charter, the charter shall be considered accepted as of the time the Charter Referendum Board certifies the result of the charter referendum to the President of the United States, as provided in subsection (b). (b) The Charter Referendum Board shall, within a reasonable time, but in no event later than December 21, 1949, certify the result of the charter referendum to the President of the United States and to the Secretary of the Senate and the Clerk of the House of Representatives. 95148-49 INTERFERENCE WITH REGISTRATION OR VOTING SEC. 1907. (a) No one shall interfere with the registration or voting of another person, except as it may be reasonably necessary in the performance of a duty imposed by law. No person performing such a duty shall interfere with the registration or voting of another person because of his race, color, sex, or religious belief, or his want of property or income. (b) No registered voter shall be required to perform a military duty on the day of the charter referendum which would prevent him from voting, except in time of war or public danger or unless he is away from the District of Columbia in military service. No registered voter may be arrested while voting or going to vote except for a breach of the peace then committed or for treason or felony. VIOLATIONS SEC. 1908. Whoever willfully violates any provision of this title, or of any regulation prescribed and published by the Charter Referendum Board under authority of this title, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than $500 or imprisoned for not more than six months, or both. TITLE XX-FEDERAL CONTRIBUTION AUTHORIZATION OF APPROPRIATION SEC. 2001. (a) For the fiscal year ending June 30, 1952, and for each fiscal year thereafter, there is hereby authorized to be appropriated (in lieu of the authorization contained in article VI of the District of Columbia Revenue Act of 1947), as the annual payment by the United States toward defraying the expenses of the government of the District of Columbia, the sum of $1,000,000 plus whichever of the two following amounts is the smaller: (A) 14 per centum of the total amount of revenue received by the District (from all sources except the United States) during the fiscal year ending one year before the beginning of the year for which the payment is to be made, or (B) $15,000,000. (b) Out of any amount appropriated under the authorization contained in subsection (a) of this section the sum of $1,000,000 shall be credited to the water fund of the District of Columbia, established by law (D. C. Code, 1940 edition, title 43, ch. 15), and the remainder shall be credited to the general fund of the District of Columbia. (c) If the charter is accepted pursuant to title XIX (1) the Director of the Bureau of the Budget shall, after June 30 and on or before December 31 of each year, beginning with the calendar year 1950, certify to the District Manager the amount authorized by subsection (a) of this section to be appropriated for the next fiscal year, and (2) any amount appropriated under such authorization shall (on or before July 31 of the fiscal year for which the payment is made) be paid by the Secretary of the Treasury to the Director of the Department of Finance. [H. R. 2505, 81st Cong., 1st sess.] A BILL To provide for home rule and reorganization in the District of Columbia Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act, divided into titles and sections according to the following table of contents, may be cited as the "District of Columbia Charter Act." TITLE III-DELEGATE TO CONGRESS Sec. 301. Creation. Sec. 302. Functions. Sec. 303. Qualifications for holding office. TITLE IV-THE DISTRICT COUNCIL PART 1 CREATION OF THE DISTRICT COUNCIL Sec. 401. Creation and membership. Sec. 402. Qualifications for holding office. PART 2-PRINCIPAL FUNCTIONS OF THE DISTRICT COUNCIL Sec. 421. Functions heretofore exercised by the Board of Commissioners. Sec. 423. Certain delegated functions. Sec. 424. Ordinances. Sec. 425. Legislative proposals. Sec. 426. Limitations on powers of District Council. Sec. 427. Creation and abolition of advisory boards and commissions. PART 3-ORGANIZATION AND PROCEDURE OF THE DISTRICT COUNCIL Sec. 431. The Mayor. Sec. 432. District Council Staff; records and documents. Sec. 433. Meetings. Sec. 434. Conduct of business. Sec. 435. Minimum period for considering legislative proposals and ordinances. TITLE V-ACTION BY CONGRESS AND THE PRESIDENT ON LEGISLATIVE PROPOSALS Sec. 501. Deposit and publication. Sec. 502. Disapproval by either House of the Congress or by the President. Sec. 505. Referendum on bond issue. TITLE VI-THE DISTRICT MANAGER Sec. 601. Appointment, qualifications, and salary. Sec. 603. Powers and duties. Sec. 604. Acting District Manager. Sec. 605. Assistants to the District Manager. Sec. 606. Executive office of the District Manager. Sec. 607. Office of the Archivist, District Archives Commission. Sec. 701. Fiscal year. TITLE VII-THE DISTRICT BUDGET Sec. 702. Submission of budget and budget message. Sec. 703. Contents of the budget. Sec. 704. Contents of the budget message. Sec. 705. Preparation of the budget. Sec. 706. Budgetary details fixed by District Council. Sec. 707. Budget a public record. Sec. 708. Publication of notice of public hearings. Sec. 709. Public hearings on budget. Sec. 710. Further considerations of budget. Sec. 711. Revision of estimates by Board of Education. Sec. 712. Adoption of budget; deposit with joint committee. Sec. 713. Action by joint committee. Sec. 714. Final action by District Council. Sec. 715. Certification and copies of budget. Sec. 716. Budget establishes appropriations. Sec. 717. Appropriations for emergency purposes. |