§ 10–303. Creation of Fund; accounting and investment.

(a) The Mayor shall establish for accounting and financial reporting purposes a Recreation Enterprise Fund (“Fund”) in accordance with generally accepted accounting principles.

(b)(1) There is hereby authorized a direct appropriation to the Fund equal to the amount collected from fees, concessions, and services and payments by developers seeking relief from zoning laws by way of the Planned Unit Development process considered part of the required community benefits package of the proposed Planned Unit Development. Revenue deposited into the Fund account shall be expended by the Department for the administration, improvement, and maintenance of property and programs managed by the Department and shall supplement, but not replace, services provided by the Department; provided, that payments by developers seeking relief from zoning laws in accordance with the Zoning Regulations of the District of Columbia (11 DCMR § 100 et seq.) and the Planned Unit Development process shall be expended on Department property within the boundaries of the Advisory Neighborhood Commission in which the Planned Unit Development is located. The Fund shall not be used to provide funding to other District government agencies, except to pay the principal and interest on bonds in accordance with § 10-304.

(2) Proceeds from the Recreation Enterprise Fund may be used to purchase food, snacks, and non-alcoholic beverages for the general public, Department of Parks and Recreation program participants, and District government employees.

(c)(1) Once each year, the Department shall publish in the District of Columbia Register a specific accounting of how monies in the Fund have been spent and an accounting as to the amount remaining in the Fund. The accounting shall include the name of the donor or an anonymous contribution, the amount of the contribution, a description of the property donated and the name of the program or recreation center upon which the funds have been expended.

(2) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(d) Proceeds of the Fund may be invested in a prudent and reasonable manner consistent with applicable District government policies and procedures.

(e)(1) Notwithstanding any other provision of law, the Department may contract for advertisements and sponsorships for programs, events, recreation centers, fields, pools, play courts, and other Department facilities within the Department’s inventory.

(2) The Department shall not delegate the authority to contract for advertisements or sponsorships granted to it pursuant to paragraph (1) of this subsection to any other party.

(3) All proceeds received from advertisements and sponsorships shall be deposited into the Fund pursuant to this section.

(f) All fees collected pursuant to § 50-1501.02g(b)(1) shall be deposited into the Fund.

(Mar. 23, 1995, D.C. Law 10-246, § 4, 42 DCR 452; Apr. 18, 1996, D.C. Law 11-110, § 20(a), 43 DCR 530; Mar. 3, 2010, D.C. Law 18-111, § 5091, 57 DCR 181; Sept. 14, 2011, D.C. Law 19-21, §§ 6042(c), 9064, 58 DCR 6226; Apr. 23, 2013, D.C. Law 19-275, § 2(c), 60 DCR 2058; Dec. 24, 2013, D.C. Law 20-61, § 5102, 60 DCR 12472; May 2, 2015, D.C. Law 20-271, § 259(a), 62 DCR 1884; Nov. 27, 2018, D.C. Law 22-185, § 4, 65 DCR 11404.)

Prior Codifications

1981 Ed., § 8-303.

Section References

This section is referenced in § 10-306.

Effect of Amendments

D.C. Law 18-111, in subsec. (b), designated the existing text as par. (1) and added par. (2).

D.C. Law 19-21, in subsec. (b)(1), substituted “and services and payments by developers seeking relief from zoning laws by way of the Planned Unit Development process considered part of the required community benefits package of the proposed Planned Unit Development.” for “and services.”, and substituted “provided by the Department; provided, that payments by developers seeking relief from zoning laws in accordance with the Zoning Regulations of the District of Columbia ( 11 DCMR § 100 et seq.) and the Planned Unit Development process shall be expended on Department property within the boundaries of the Advisory Neighborhood Commission in which the Planned Unit Development is located.”; in subsec. (c), designated the existing text as par. (1) and added par. (2); and added subsec. (e).

The 2013 amendment by D.C. Law 19-275 rewrote (e)(1).

The 2013 amendment by D.C. Law 20-61 rewrote (c)(2).

The 2015 amendment by D.C. Law 20-271 deleted “with recommendations from the Recreation Assistance Board established by § 10-306” from the end of (d).

Emergency Legislation

See Historical and Statutory Notes following § 10-301.

For temporary (90 day) amendment, see § 2 of Recreation Enterprise Fund Emergency Amendment Act of 2008 (D.C. Act 17-425, July 16, 2008, 55 DCR 8246).

For temporary (90 day) amendment of section, see § 2 of Recreation Enterprise Fund Congressional Review Emergency Amendment Act of 2008 (D.C. Act 17-549, October 24, 2008, 55 DCR 11981).

For temporary (90 day) amendment of section, see § 5091 of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 5091 of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

For temporary (90 day) amendment of section, see § 2 of Department of Parks and Recreation Advertisement Authority Emergency Amendment Act of 2009 (D.C. Act 18-303, January 26, 2010, 57 DCR 1224).

For temporary (90 days) amendment of this section, see § 5102 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) amendment of this section, see § 5102 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 259(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).

For temporary (90 days) amendment of this section, see § 259(a) of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).

Temporary Legislation

Section 2 of D.C. Law 17-239, in subsec. (b), designated the existing text as par. (1); and added par. (2) to read as follows:

“(2) Proceeds from the Recreation Enterprise Fund may be used to purchase food, snacks, and non-alcoholic beverages for the general public, Department of Parks and Recreation program participants, and District government employees.”.

Section 4(b) of D.C. Law 17-239 provided that the act shall expire after 225 days of its having taken effect.

Short Title

Short title: Section 5090 of D.C. Law 18-111 provided that subtitle J of title V of the act may be cited as the “Recreation Enterprise Fund Amendment Act of 2009”.

Section 5101 of D.C. Law 20-61 provided that Subtitle I of Title V of the act may be cited as the “Department of Parks and Recreation O-Type Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.