D.C. Code § 1-301.01

Current through codified legislation effective September 4, 2024

Section 1-301.01 - Additional powers of Mayor, Council, and Director of the Office of Contracting and Procurement

(a)Waiver of business license renewal fees for personnel of armed forces. - The Council of the District of Columbia is authorized and empowered within its discretion, in accordance with such regulations as it may make, to provide for the waiver of payment by any person in the military service of the United States of any annual or other periodic fee required by law to be paid to the District of Columbia or to any District of Columbia board or commission as a condition to retaining or renewing any license or permit to engage in any business or calling or to practice any profession in the District of Columbia.

(b)Bond requirements for certain businesses; amount; termination of surety's liability; notification by surety of payment on bond; insolvency of surety; action on bond; amount of recovery; certified copy of bond; license examination. -

(1) The Council of the District of Columbia is authorized and empowered within its discretion to make and modify, and the Mayor of the District of Columbia is authorized and empowered within his discretion to enforce, regulations requiring persons, firms, and corporations, other than utility companies, engaged within the District of Columbia in the business of plumbing or gas fitting, or of installing, maintaining, or repairing heating, ventilating, air conditioning, or mechanical refrigerating apparatus, equipment, appliances, systems, or parts thereof, or of installing, maintaining, or repairing apparatus, equipment, fixtures, appliances, or wiring, using or conducting electric current, to furnish and keep in force a bond running to the District of Columbia with corporate surety authorized by the Secretary of the Treasury to do business pursuant to § 9305 of Title 31, United States Code, or by the Insurance Department of the District of Columbia to issue surety bonds in the District of Columbia which meet the statutory capital and surplus requirements or as otherwise determined by the Mayor to be appropriate and necessary in the amount for underwriting such bonds in an amount not exceeding $5,000, conditioned upon the performance in accordance with law and regulations in force in the District of Columbia of all such work undertaken by such person, firm, or corporation, and to keep the District of Columbia harmless from the consequences of any and all acts performed by said person, firm, or corporation in connection with such business during the period covered by the said bond.

(2) The surety on any such bond may terminate its liability under such bond by giving 30 days written notice thereof, served either personally or by registered mail, to the principal and to the Mayor; and upon giving such notice the surety shall be discharged from all liability under such bond for any act or omission of the principal occurring after the expiration of 30 days from the date of service of such notice. Unless on or before the expiration of such period the principal shall duly file a new bond in like amount and conditioned as the original in substitution of the bond so terminated, the license of the principal to engage in such business shall likewise terminate upon the expiration of such period. Upon making any payment on account of its bond, the surety shall immediately notify the Mayor.

(3) In the event the surety becomes insolvent or a bankrupt, or ceases to be authorized by the Secretary of the Treasury to do business pursuant to § 8 of Title 6, United States Code [see now 31 U.S.C. § 9305 ], or by the Insurance Department of the District of Columbia, to do business in the District of Columbia, the principal shall, within 10 days after notice thereof, given by the Mayor, duly file a new bond in like amount and conditioned as the original, and, if the principal shall fail to do so, the license of such principal shall terminate. If a recovery be had on any bond, the principal shall restore the bond to its original amount.

(4) Any person aggrieved by the violation of any law or regulation in force in the District of Columbia relating to such business shall have, in addition to his right of action against said person, firm, or corporation, a right to bring suit against the surety on said bond, either alone or jointly with the principal thereon, and to recover in an amount not exceeding the penalty of the bond any damages sustained by reason of any act, transaction, or conduct of the principal which is in violation of law or regulation in force in the District of Columbia relating to such business: Provided, however, that nothing in this subsection shall be construed to impose upon the surety on any such bond a greater liability than the total amount thereof or the amount remaining unextinguished by any prior recovery or recoveries as the case may be.

(5) The Mayor shall furnish to anyone applying therefor a certified copy of any such bond filed with them upon payment of a fee to be fixed by the Mayor therefor, and such certified copy shall be prima facie evidence in any court that such bond was duly executed and delivered by the person, firm, or corporation whose name appears therein.

(6) The Council is further authorized to provide, in accordance with such regulations as it may prescribe, for the examination of the qualifications and fitness of all applicants for licenses to engage in any of the businesses herein enumerated by a board, consisting of not less than 2 persons who have been actively engaged in the District of Columbia for at least 5 years next preceding their appointment in the business for which license is sought (one of whom shall have been an owner or manager and one of whom shall have been an employee competent to superintend the performance of work) and not less than 1 official of the District of Columbia, appointed by the said Mayor: Provided, that nothing herein shall repeal existing law relating to the examination and licensing of master plumbers and gas fitters.

(c)Leasing powers. - The Mayor of the District of Columbia is authorized and empowered within his discretion to rent any building or land belonging to the District of Columbia or under the jurisdiction of the Mayor, or any available space therein, whenever such building or land, or space therein, is not then required for the purpose for which it was acquired, and to rent any used personal property belonging to the District of Columbia which is not then needed for the purpose for which it was acquired: Provided, that nothing contained in this subsection shall have the effect of changing in any manner Public Law No. 732, 74th Congress, entitled "An Act to authorize the operation of stands in federal buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes", approved June 20, 1936 ( 20 U.S.C. §§ 107-107f ).

(d)Issuance of revocable permits for construction of tunnels, and laying of conduits and pipes. - The Mayor of the District of Columbia is authorized and empowered within his discretion to grant revocable permits upon such terms, conditions, bonds, and rentals as the Mayor may impose for the construction of tunnels, and the laying of conduits and pipes in the alleys, streets, and avenues in the District of Columbia under the jurisdiction of the Mayor.

(e)Suspension of officers and employees. - Except as otherwise provided, the Mayor of the District of Columbia is authorized and empowered within his discretion to suspend, with or without pay, any officer or employee appointed by him and, under such rules or regulations as he may prescribe, to delegate this power to any officers or employees of the District of Columbia.

(f)Name and rename highways, buildings, public places and property. - The Council of the District of Columbia is authorized and empowered within its discretion to name or change the name of a highway, circle, bridge, building, park or other public place or property as provided in §§ 9-204.01 through 9-204.09:

(1) Repealed.

(2) The name of any person shall embrace the given name or names as well as the surname of such person and shall be so noted on the records of the Council of the District of Columbia and official records filed with the Surveyor of the District of Columbia.

(g)Assess and collect fees for copies and transcripts of regulations, permits, certificates and records; disposition of moneys. - The Mayor of the District of Columbia may fix, assess, and collect fees for copies of orders, regulations, permits, certificates, and transcripts of records furnished by the District of Columbia, including, but not limited to, transcripts of records of births and deaths. Such fees shall not exceed the reasonably estimated cost of providing such copies, certificates, and transcripts, and shall be deposited into the General Fund of the District of Columbia government.

(h)Penalties for violation of rules and regulations. - The Council of the District of Columbia is authorized and empowered within its discretion, where not otherwise specifically provided, to prescribe a penalty upon conviction of a violation of any rule or regulation authorized by §§ 1-301.01 to 1-301.05 and 1-301.21 by a fine of not more than $300 or imprisonment of not more than 90 days.

(i)Purchase and sale of maps and publications; issuance without charge; delegation of authority; payment of cost. - The Mayor of the District of Columbia is authorized and empowered within his or her discretion:

(1) To purchase and sell maps and to sell copies and subscriptions of the District of Columbia Statutes-at-Large, the District of Columbia Register, the District of Columbia Municipal Regulations, other government publications, and other data and information ("government materials"), including binders for material, at prices the Mayor or his or her designated agent determines to be necessary to approximate the cost of the material, including the cost of distribution. The Mayor shall not charge the Council of the District of Columbia for copies or subscriptions of government materials or any other rule, regulation, or document that has general applicability and legal effect which the Council needs to perform its legislative responsibilities. All receipts from the sale of such material shall be deposited in the General Fund of the District of Columbia;

(2) To issue such material without charge, in the discretion of the Mayor, to officers and employees of the governments of the United States and the District of Columbia, to states, territories, and possessions of the United States, local governmental units, and foreign governments; to institutions of research and learning; to applicants for, or holders of, particular licenses issued by the District of Columbia; and to any other person when it is determined by said Mayor or his designated agent or agents that it is in the best interest of the District of Columbia to furnish such material without charge; and to delegate to the heads of departments and agencies of the government of the District of Columbia the authority likewise to make the distribution authorized by this paragraph of such material as may be purchased by the departments and agencies. Material to be distributed under the authority of this paragraph shall be supplied to the District of Columbia department or agency proposing to make such distribution, only upon payment by the department or agency of the cost thereof.

(j)Placement of orders with federal departments and agencies; payment of cost; obligations upon appropriations. - The Director of the Office of Contracting and Procurement is authorized and empowered in his discretion to place orders, if he determines it to be in the best interest of the District of Columbia, with any federal department, establishment, bureau, or office for materials, supplies, equipment, work, or services of any kind that such federal agency may be in a position to supply or be equipped to render, by contract or otherwise, and shall pay promptly by check to such federal agency, upon its written request, either in advance or upon furnishing or performance thereof, all or part of the estimated or actual costs thereof as determined by such department, establishment, bureau, or office as may be requisitioned; but proper adjustments on the basis of the actual costs of the materials, supplies or equipment furnished or work or services performed, paid for in advance, shall be made as may be agreed upon by the departments, establishments, bureaus, or offices concerned. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.

(j-1)Placement of orders with the Washington Metropolitan Area Transit Authority. -

(1) Notwithstanding Chapter 3A of Title 2 [§ 2-351.01 et seq.], the Mayor, or his or her delegate, may contract with the Washington Metropolitan Area Transit Authority for the provision or receipt of materials, supplies, equipment, work, or services of any kind. Contracts executed pursuant to this subsection shall be considered obligations upon appropriations in the same manner as orders or contracts executed pursuant to subsections (j) or (k) of this section.

(2) For the purposes of this subsection, the District Department of Transportation shall be an authorized delegate.

(jæ"2) Placement of orders with the Metropolitan Washington Council of Governments æ" Notwithstanding Chapter 3A of Title 2, the Mayor may contract with the Metropolitan Washington Council of Governments for the provision or receipt of materials, supplies, equipment, work, or services of any kind. Contracts executed pursuant to this subsection shall be considered obligations upon appropriations in the same manner as orders or contracts executed pursuant to subsections (j) or (k) of this section.

(k)Placement of orders with departments, offices, or agencies of the District; payment of cost; obligations upon appropriations. -

(1) The Mayor may authorize the heads of District departments, offices, and agencies to place orders with any other department, office, or agency of the District for materials, supplies, equipment, work, or services of any kind that the requisitioned department, office, or agency may be in a position to supply or equipped to render; provided, that the Chief Financial Officer shall submit quarterly to the Council and the Mayor the summary required by D.C. Official Code § 47-355.05(e), along with all Memoranda of Understanding between District agencies involving an exchange of materials, supplies, equipment, work, or services of any kind. The department, office, or agency placing any such orders shall either advance, subject to proper adjustment on the basis of actual cost, or reimburse, such department, office or agency the actual cost of materials, supplies, or equipment furnished or work or services performed as determined by such department, office, or agency as may be requisitioned. Orders placed as provided in this subsection shall be considered as obligations upon appropriations in the same manner as orders or contracts placed with private contractors.

(2) Repealed.

(l)Leases or permits for use of public space over or under 9th Street Southwest. - The Mayor of the District of Columbia is authorized and empowered in his discretion to enter into leases of, or to grant revocable permits for the use of, the public space over or under 9th Street Southwest in the District of Columbia to an extent not inconsistent with the use of such street by the general public for the purpose of travel, and in connection with any such lease or permit to impose such terms, including but not limited to the deposit of bond or other security, and to provide for the payment of such rents or fees as the Mayor may, in his discretion, determine to be necessary or desirable, but the Mayor shall, in connection with entering into a lease for, or granting a permit for, the use of public space over said Street in the District of Columbia, provide as a condition of any such lease or permit that such space shall not be used by the lessee or permittee in such manner as to deprive any real property not owned by such lessee or permittee of its easements of light, air, and access.

D.C. Code § 1-301.01

Dec. 20, 1944, 58 Stat. 819, ch. 611, §1; July 2, 1958, 72 Stat. 292, Pub. L. 85-491, §§ 1, 2; Aug. 21, 1959, 73 Stat. 414, Pub. L. 86-178, § 2; Sept. 13, 1960, 74 Stat. 881, Pub. L. 86-743, § 1; Apr. 7, 1977, D.C. Law 1-109, § 2, 23 DCR 8739; Mar. 6, 1979, D.C. Law 2-153, § 5, 25 DCR 6960; June 14, 1980, D.C. Law 3-70, § 7(b), 27 DCR 1776; July 1, 1980, D.C. Law 3-75, § 3, 27 DCR 2277; Oct. 8, 1981, D.C. Law 4-34, § 29(d), 28 DCR 3271; Mar. 10, 1983, D.C. Law 4-201, § 707, 30 DCR 148; Mar. 7, 1991, D.C. Law 8-227, § 2, 38 DCR 224; July 23, 1994, D.C. Law 10-140, § 2, 41 DCR 3053; Apr. 12, 1997, D.C. Law 11-259, § 302, 44 DCR 1423; Oct. 22, 2009, D.C. Law 18-63, § 2, 56 DCR 6601; Apr. 8, 2011, D.C. Law 18-370, § 123, 58 DCR 1008; Sept. 14, 2011, D.C. Law 19-21, § 9020(a), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, §§ 6032, 8002, 59 DCR 8025; Oct. 8, 2016, D.C. Law 21-160, § 3002, 63 DCR 10775.

Designation of Mary Terrell-Arthur Elmes Parks: See Act of March 5, 1981, D.C. Law 3-151, 27 DCR 4905.

Designation of Blues Alley: See Act of March 5, 1981, D.C. Law 3-165, 27 DCR 5230.

Designation of Walter Houp Court: See Act of March 5, 1981, D.C. Law 3-168, 27 DCR 5365.

Designation of Community Park West: See Act of December 10, 1981, D.C. Law 4-56, 28 DCR 4650.

Designation of Ward Court: See Act of March 9, 1983, D.C. Law 4-168, 29 DCR 4987.

Designation of Anna J. Cooper Circle: See Act of March 9, 1983, D.C. Law 4-175, 29 DCR 5760.

Designation of Windom Place, Northwest: See Act of March 10, 1983, D.C. Law 4-192, 30 DCR 43.

Designation of Charles Richard Drew Bridge: See Act of May 3, 1983, D.C. Law 5-2, 30 DCR 1230.

Section 8010 of D.C. Law 19-168 provided that §§ 8002, 8003, 8004, 8005, 8006, and 8007 of the act shall apply as of September 14, 2011.

Bonding of home improvement businesses, bond requirements, see § 47-2883.01 et seq. General license law, bonding of licensees authorized to collect moneys, see § 47-2844 . Motor vehicles, installment sales, dealer bonds, limitation of actions, see § 50-603 . Private detectives, bonds, see § 5-121.01 . Public space rental and utilization, "vault" defined, see § 10-1101.01 . .