Code of the District of Columbia

§ 39–203. Establishment; composition; terms; vacancies; compensation.

(a) There is established, as an independent agency within the District of Columbia government, the Commission on the Arts and Humanities ("Commission"), which shall evaluate and initiate action on matters relating to the arts and humanities and encourage programs and the development of programs that promote progress in the arts and humanities.

(a-1)(1) The Commission shall consist of 18 members appointed by the Mayor, with the advice and consent of the Council, in accordance with § 1-523.01(e)(32).

(2) Each member appointed to the Commission shall be a District resident who has displayed an interest or an ability in the arts or humanities or has been active in the furtherance of the arts or humanities in the District of Columbia. The Commission shall include:

(A) On or before July 1, 2019, 2 members with specific interest, ability, or experience in the humanities;

(B) On or before July 1, 2019, 2 members with specific interest, ability, or experience in arts or humanities education;

(C) On or before July 1, 2019, 2 members with specific interest, ability, or experience in theatre and performing arts;

(D) On or before July 1, 2020, one member with specific interest, ability, or experience in public art; and

(E) On or before July 1, 2020, 2 members with specific experience in arts or humanities organizational administration or governance.

(3) When appointing members to the Commission, the Mayor shall give due consideration to recommendations made by representative civic, educational, and professional groups concerned with the arts, humanities, and culture, and shall maintain reasonable representation of all the various geographic areas and neighborhoods within the District of Columbia.

(b)(1) Except as provided in paragraph (2) of this subsection and subsection (c) of this section, all members of the Commission shall be appointed to 3-year terms that shall commence on July 1 in the year of appointment and expire on June 30 of the 3rd year. Terms shall be staggered so that 6 terms expire each year on June 30. Members may be reappointed; provided, that all 6 members who have a term end date of June 30, 2019, and 3 of the members who have a term end date of June 3, 2020, may be reappointed only if doing so would satisfy the qualification requirements set forth under subsection (a)(2) of this section.

(2) The term subsequent to the term being served pursuant to:

(A) Council resolution 21-678 shall begin on July 1, 2019, and expire on June 30, 2021;

(B) Council resolution 22-73 shall begin on July 1, 2019, and expire on June 30, 2021; and

(C) Council resolution 22-182 shall begin on July 1, 2020, and expire on June 30, 2021.

(b-1) All official actions of the Commission taken by members appointed prior to March 19, 2020, are considered to be taken by a properly constituted Commission, regardless of the date of the appointments and length of terms of its members.

(c) Should a vacancy occur, a successor shall be appointed by the Mayor within 30 days, with the advice and consent of the Council to serve until the end of the term of the member whom that successor succeeds. Failing to receive the nomination within the 30 days, the Council shall appoint a person to fill the vacancy. Members of the Commission on the Arts and Humanities established under Organization Order No. 74-4 of January 7, 1974, issued by the Commissioner of the District of Columbia, shall continue to serve until the members of the Commission established under this chapter are appointed and qualify. The Mayor shall nominate members to the new Commission within 30 days of October 21, 1975.

(d) The Mayor shall appoint a chairperson of the Commission from among the 18 members appointed pursuant to subsection (a-1) of this section with the advice and consent of the Council by resolution.

(e) Members of the Commission shall serve without compensation, but shall be entitled to receive, in accordance with applicable District of Columbia regulations, reimbursement for expenses incurred while actually performing duties vested in the Commission.

(f) No District of Columbia government employee, as that term is defined by § 1-603.01(7), shall be eligible to serve as a member of the Commission.


(Oct. 21, 1975, D.C. Law 1-22, § 4, 22 DCR 2084; Mar. 10, 1982, D.C. Law 4-73, § 4(a), 28 DCR 5276; Oct. 19, 2002, D.C. Law 14-213, § 24, 49 DCR 8140; Feb. 26, 2015, D.C. Law 20-155, § 1172, 61 DCR 9990; Oct. 30, 2018, D.C. Law 22-168, § 7072(a), 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 2202(b), 66 DCR 8621; Mar. 19, 2020, D.C. Law 23-68, § 11, 67 DCR 743.)

Prior Codifications

1981 Ed., § 31-2003.

1973 Ed., § 31-1903.

Section References

This section is referenced in § 1-523.01 and § 39-202.

Effect of Amendments

D.C. Law 14-213, in subsec. (a), substituted “Council, in accordance with § 1-523.01.” for “Council.

The 2015 amendment by D.C. Law 20-155 deleted “but may not serve more than 2 consecutive terms” from the end of the last sentence in (b).

Cross References

Candidates for Commission on the Arts and Humanities, disclosure of interests, see § 1-1106.02.

Mayoral nomination of Commission on the Arts and Humanities, review and approval of Council, see § 1-523.01.

Applicability

Section 16 of D.C. Law 23-68 provided that the changes made to this section by D.C. Law 23-68 shall apply as of October 1, 2019.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 11 of Fiscal Year 2020 Budget Support Clarification Second Emergency Amendment Act of 2019 (D.C. Act 23-201, Jan. 22, 2020, 67 DCR 731).

For temporary (90 days) amendment of this section, see § 2202(b) of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).

For temporary (90 days) amendment of this section, see § 2202(b) of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 7072(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 7072(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90 days) amendment of this section, see § 2 of Commission on the Arts and Humanities Emergency Amendment Act of 2018 (D.C. Act 22-363, May 21, 2018, 65 DCR 5957).

For temporary (90 days) amendment of this section, see § 2 of Commission on the Arts and Humanities Emergency Amendment Act of 2017 (D.C. Act 22-95, July 5, 2017, 64 DCR 6558).

For temporary (90 days) amendment of this section, see § 1172 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1172 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1172 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of Commission on the Arts and Humanities Temporary Amendment Act of 2018 (D.C. Law 22-153, Aug. 22, 2018, 65 DCR 6995).

For temporary (225 days) amendment of this section, see § 2 of Commission on the Arts and Humanities Temporary Amendment Act of 2017 (D.C. Law 22-19, Sept. 20, 2017, 64 DCR 7422).

Editor's Notes

Former § 31-2003.1 1981 Ed., D.C. Law 4-73, § 4(b), provided as follows: “All official actions of the Commission on the Arts and Humanities taken by members appointed prior to March 10, 1982, are considered to be taken by a properly constituted Commission, regardless of the date of appointment and length of terms of its members.”