PENDING ACTIONS AND PROCEEDINGS SEC. 1003. (a) No suit, action, or other judicial proceeding lawfully commenced by or against any officer or agency in his or its official capacity or in relation to the exercise of his or its official functions, shall abate by reason of the taking effect of any provision of this Act, but the court, unless it determines that the survival of such suit, action, or other proceeding is not necessary for purposes of settlement of the questions involved, shall allow the same to be maintained, with such substitutions as to parties as are appropriate. (b) No administrative action or proceeding lawfully commenced shall abate solely by reason of the taking effect of any provision of this Act, but such action or proceeding shall be continued with such substitutions as to parties and officers or agencies as are appropriate. VACANCIES RESULTING FROM ABOLITION OF BOARD OF COMMISSIONERS SEC. 1004. Until July 1, 1961, no vacancy occurring in any District agency by reason of section 321, abolishing the Board of Commissioners, shall affect the power of the remaining members of such agency to exercise its functions, but such agency may take action only if a majority of the members holding office vote in favor of it. TITLE XI-SEPARABILITY OF PROVISIONS SEPARABILITY OF PROVISIONS SEC. 1101. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. TITLE XII-TEMPORARY PROVISIONS POWERS OF THE PRESIDENT DURING TRANSITION PERIOD SEC. 1201. The President of the United States is hereby authorized and requested to take such action during the period following the date of the enactment of this Act and ending on the date of the first meeting of the District Council, by Executive Order or otherwise, with respect to the administration of the functions of the District of Columbia government, as he deems necessary to enable the Board of Elections properly to perform their functions under this Act. REIMBURSABLE APPROPRIATIONS FOR THE DISTRICT SEC. 1202. (a) The sum of $500,000 is hereby authorized to be appropriated for the District of Columbia, out of any money in the Treasury not otherwise appropriated, for use (1) in paying the expenses of the Board of Elections (including compensation of the members thereof), and (2) 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, 1962, from the general fund of the District of Columbia. TITLE XIII-EFFECTIVE DATES EFFECTIVE DATES SEC. 1301. (a) As used in this title and title XIV the term "charter" means titles I to XI, both inclusive, and titles XV, XVI, and XVII. (b) The charter shall take effect only if accepted pursuant to title XIV. 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 1406) except that— (1) part 2 of title III, title V, and title VII shall take effect January 1, 1961, and (2) section 402 shall take effect on the day upon which the Mayor first elected takes office. (c) Titles XII, XIII, and XIV shall take effect on the day following the date on which this Act is enacted. TITLE XIV-SUBMISSION OF CHARTER FOR REFERENDUM CHARTER REFERENDUM SEC. 1401. (a) On a date to be fixed by the Board of Elections, not more than nine months after the enactment of this Act, 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, a "qualified elector" means a person who meets the requirements of section 806 on the day of the charter referendum. BOARD OF ELECTIONS SEC. 1402. (a) In addition to its other duties, the Board of Elections established under the District Primary Act shall conduct the charter referendum and certify the results thereof as provided in this title. (b) Notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted under this title, the applicable provisions of section 801 of this Act shall govern the Board of Elections in the performance of its duties. REGISTRATION SEC. 1403. (a) The Board of Elections shall conduct within the District of Columbia a registration of the qualified electors commencing as soon as practicable after the enactment of this Act and ending not more than thirty days nor less than fifteen days prior to the date set for the charter referendum as provided in section 1401 of this title. (b) Prior to the commencement of such registration, the Board of Elections shall publish, in daily newspapers of general circulation published in the District of Columbia, a list of the registration places and the dates and hours of registration. (c) The applicable provisions of section 807, notwithstanding the fact that such section does not otherwise take effect unless the charter is accepted, shall govern the registration of voters for this charter referendum. CHARTER REFERENDUM BALLOT; NOTICE OF VOTING SEC. 1404. (a) The charter referendum ballot shall contain the following, with the blank space appropriately filled : "The District of Columbia Charter Act, enacted proposes 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 chater" (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 less than three days before the date of charter referendum, the Board of Elections 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 less than one day before the charter referendum, the Board of Elections shall publish, in 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. 1405. Notwithstanding the fact such sections do not otherwise take effect unless the charter is accepted under this title, the applicable provisions of sections 811, 812, 813, and 814 of this Act shall govern the method of voting, recounts and contests, interference with registration or voting, and violations connected with this charter referendum. ACCEPTANCE OR NONACCEPTANCE OF CHARTER SEC. 1406. (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 Board of Elections certifies the result of the charter referendum to the President of the United States, as provided in subsection (b). (b) The Board of Elections shall, within a reasonable time, but in no event more than thirty days after the date of the charter referendum, 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. TITLE XV-DELEGATE DISTRICT DELEGATE SEC. 1501. (a) Until a constitutional amendment and subsequent congressional action otherwise provide, the people of the District shall be represented in the House of Representatives of the United States by a Delegate, to be known as the "Delegate from the District of Columbia”, who shall be elected as provided in this Act. The Delegate shall have a seat in the House of Representatives, with the right of debate, but not of voting. The Delegate shall be a member of the House Committee on the District of Columbia and shall possess in such committee the same powers and privileges as in the House of Representatives, and may make any motion except to reconsider. His term of office shall be for two years. (b) No person shall hold the office of District Delegate unless he (1) is a qualified elector, (2) is at least twenty-five years old, (3) holds no other public office, and (4) is domiciled and resides in the District and during the three years next preceding his nomination (a) has been resident in and domiciled in the District and (b) has not voted in any election (other than in the District) for any candidate for public office. He shall forfeit his office upon failure to maintain the qualifications required by this subsection. (c) (1) Subsection (a) of section 601 of the Legistative Reorganization Act of 1946, as amended, is hereby amended by striking out "from the Territories". (2) Clause (b) of section 1 of the Civil Service Retirement Act of May 29, 1930, as amended (70 Stat. 743), is hereby amended by striking out "from a Territory". (3) The second paragraph under the heading "House of Representatives" in the Act of July 16, 1914 (U.S.C., 1952 edition, title 2, sec. 37), is hereby amended by striking out "from Territories". (4) Paragraph (i) of section 302 of the Federal Corrupt Practices Act, 1925, as amended (U.S.C., 1952 edition, title 2, sec. 241), is hereby amended by inserting after "United States" the following: "and the District of Columbia". (5) Section 591 of title 18, United States Code, 1952 edition, is hereby amended by inserting "and the District of Columbia" before the period at the end thereof. Section 594 of such title is hereby amended by inserting after "Territories and possessions" the following: "or the District of Columbia". The first paragraph of section 595 of such title is hereby amended by inserting after "from any Territory or possession" the following: "or the District of Columbia”. TITLE XVI-REFERENDUM POWER OF REFERENDUM SEC. 1601. (a) The qualified electors (as defined in section 806) shall have power, pursuant to the procedure provided by this title, to approve or reject in a referendum any act of the District Council, or part or parts thereof, which has become law, whether or not such act is yet operative. This power shall not extend, however, to acts authorizing the issuance of bonds, which shall be subject to the referendum provisions contained in section 602, or to acts continuing existing taxes or making appropriations which in the aggregate are not in excess of those for the preceding fiscal year. Within forty-five days after an act subject to this ttile has been enacted, a petition signed by qualified electors equal in number to at least ten per centum of the number who voted at the last preceding general election may be filed with the Secretary of the District Council requesting that any such act or any part or parts thereof, be submitted to a vote of the qualified electors. 4401559-3 (b) The Board of Elections shall prescribe such regulations as may be necessary or appropriate with respect to the form, filing, examination, amendment, and certification of petitions for referenda and with respect to the conduct of any referendum held under this title. EFFECT OF CERTIFICATION OF REFERENDUM PETITION SEC. 1602. (a) When a referendum petition has been certified as sufficient, the act, or the one or more items, sections or parts thereof, specified in the petition shall not become operative, or further action shall be suspended if it shall have become operative, until and unless approved by the electors, as provided in this title. The filing of a referendum petition against one or more parts of an act shall not alter the operative effect of the remainder of such act. (b) If, within thirty days after the filing of a referendum petition, the Secre tary has not specified the particulars in which a petition is defective, the petition shall be deemed sufficient for the purposes of this title. SUBMISSION TO ELECTORS SEC. 1603. An act with respect to which a petition for a referendum has been filed and certified as sufficient shall be submitted to the qualified electors at a referendum to be held in connection with the first general election which occurs not less than thirty days nor more than one year from the date on which the Secretary files his certificate of the sufficiency of the petition. The District Council shall, if no general election is to be held within such period, provide for a special election for the purpose of conducting the referendum. AVAILABILITY OF LIST OF QUALIFIED ELECTORS SEC. 1604. If any organization or group requests it for the purpose of circulating descriptive matter relating to the act to be voted on at a referendum, the Board of Elections shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with a list thereof, at a charge to be determined by the Board of Elections, not exceeding the actual cost of reproducing such list. RESULTS OF REFERENDUM SEC. 1605. An act which is submitted to a referendum which is not approved by a majority of the qualified electors voting thereon shall thereupon be deemed repealed. If a majority of the qualified electors voting thereon approved the act, it shall become operative on the day following the day on which the Board of Elections certifies the results of the referendum. If conflicting acts are approved by the electors at the same referendum, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. As used in this section, the word "act" shall mean the complete act, or any part or parts thereof, specified in the petition for referendum. TITLE XVII-INITIATIVE SEC. 1701. (a) Subject to the provisions of section 324 of this Act, the qualified electors of the District shall have the power, independent of the Mayor and Council, to propose and enact legislation relating to the District with respect to all rightful subjects of legislation not inconsistent with the Constitution or with the laws of the United States which are applicable but not confined to the District. (b) In exercising the power of initiative conferred upon the qualified electors by subsection (a) of this section, not more than 10 per centum of the number of qualified electors voting in the last preceding general election shall be required to propose any measure by an initiative petition. Every such petition shall include the full text of the measure so proposed and shall be filed with the Secretary of the District Council to be submitted to a vote of the qualified electors. Any such petition which has been filed with the Secretary, and certified by him as sufficient, shall be submitted to the qualified electors of the District at the first general election which occurs not less than thirty days nor more than one year from the date on which the Secretary files his certificate of sufficiency. The Council shall, if no general election is to be held within such period, provide for a special election for the purpose of considering the petition. Any measure so proposed by the petition shall, if approved by a majority of the qualified electors voting thereon in such election, take effect and become law on the day following the day on which the Board of Elections certifies the results of such election or on the date provided for by such measure. If conflicting measures proposed are approved by the electors at the same election, the measure receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (c) If, within thirty days after the filing of a petition, the Secretary has not specified the particulars in which a petition is defective, the petition shall be deemed certified as sufficient for purposes of this section. (d) The style of all measures proposed by initiative petition shall be as follows: "Be it enacted by the People of the District of Columbia". (e) The Board of Elections shall prescribe such regulations as may be necessary or appropriate (1) with respect to the form, filing, examination, amendment, and certification of initiative petitions, and (2) with respect to the conduct of any election during which any such petition is considered. (f) If any organization or group request it for the purpose of circulating descriptive matter relating to the measures proposed to be voted on, the Board of Elections shall either permit such organization or group to copy the names and addresses of the qualified electors or furnish it with a list thereof, at a charge to be determined by the Board of Elections, not exceeding the actual cost of reproducing such list. TITLE XVIII-TITLE OF ACT SEC. 1801. This Act, divided into titles and sections according to table of contents, and including the declaration of congressional policy which is a part of such Act, may be cited as the "District of Columbia Charter Act". Passed the Senate July 15, 1959. Attest: FELTON M. JOHNSTON, Secretary. [H.R. 1379, 86th Cong., 1st sess.] A BILL To provide an elected mayor, city council, school board, and nonvoting delegate to the House of Representatives for the District of Columbia, and for other purposes 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". Sec. 321. Functions heretofore exercised by the Board of Commission. Sec. 323. Certain delegated functions. Sec. 324. Powers of and limitations upon District Council. PART 3-ORGANIZATION AND PROCEDURE OF THE DISTRICT COUNCIL Sec. 331. The Chairman. Sec. 332. Secretary of the District Council; records and documents. Sec. 334. Committees. Sec. 335. Acts and resolutions. Sec. 336. Passage of acts. Sec. 337. Procedure for Zoning Acts. Sec. 338. Investigations by District Council. |