D.C. Law 21-198. Commemorative Flag Amendment Act of 2016.

AN ACT

To amend the District of Columbia Flag Adoption and Design Act of 2002 to provide for the purchase of a flag that has been flown at the John A. Wilson Building, to require the Council to issue an accompanying authentication certificate, to require the Secretary to the Council to develop a process and collect a fee to implement the program, and to establish the Council Reimbursement Fund into which the collected fees shall be deposited and used to cover the operating expenses of the program; and to amend the District of Columbia Statehood Constitutional Convention Initiative of 1979 to provide that donations for the New Columbia Statehood Fund collected pursuant to the program be deposited into that fund.

BE IT ENACTED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Commemorative Flag Amendment Act of 2016".

Sec. 2. The District of Columbia Flag Adoption and Design Act of 2002, effective March 25, 2003 (D.C. Law 14-237; D.C. Official Code § 1-151 et seq.), is amended by adding new sections 5a and 5b to read as follows:

"Sec. 5a. Commemorative flags.

"(a)(1) An individual or organization may request from the Council, through an individual Councilmember, a District of Columbia flag that has been flown at the John A. Wilson Building, including on a specific date; provided, that a request for a flag flown on a specific date shall be made at least 10 business days before that date.

"(2) Nothing in this section shall bind the Council to fulfill a request for a flag flown on a specific date.

"(b)(1) A flag provided pursuant to subsection (a) of this section shall be accompanied by a personalized certificate that identifies the requestor to whom it is issued and authenticates that the flag was flown at the John A. Wilson Building on a specific date.

"(2) The certificate issued pursuant to this subsection shall be signed by the Secretary to the Council.

"(c) The Secretary to the Council may maintain an inventory of flags that have been flown at the John A. Wilson building so as to be able to fulfill requests for flags that do not specify a particular date; provided, that the date that each such flag was flown be cataloged for inclusion in the certificate to be issued pursuant to subsection (b) of this section.

"(d) The Secretary to the Council shall:

"(1) Develop a process and form for commemorative flag requests that shall provide an option for the requestor to donate to the New Columbia Statehood Fund established by section 32 of the District of Columbia Statehood Constitutional Convention Initiative of 1979, effective May 2, 2015 (D.C. Law 20-271; D.C. Official Code § 1-129.32);

"(2) Establish size, material, design, and vendor-source guidelines for flags to be flown and provided pursuant to this section; and

"(3) Establish and collect a fee that covers:

"(A) The cost of the flag and the certificate; and

"(B) The cost of shipping or delivering the flag and certificate to the requestor.

"(e) Funds collected pursuant to this section shall be credited as follows:

"(1) The fee covering the cost of the flag and the certificate shall be deposited in the Council Reimbursement Fund established by section 5b.

"(2) Any donation to the New Columbia Statehood Fund shall be deposited in the New Columbia Statehood Fund established by section 32 of the District of Columbia Statehood Constitutional Convention Initiative of 1979, effective May 2, 2015 (D.C. Law 20-271; D.C. Official Code § 1-129.32).

"Sec. 5b. Council Reimbursement Fund.

"(a) There is established as a special fund the Council Reimbursement Fund ("Fund"), which shall be administered by the Secretary to the Council in accordance with subsections (b) and (c) of this section.

"(b) Revenue from the following sources shall be deposited in the Fund:

"(1) Fees covering the cost of a flag and certificate collected by the Council pursuant to section 5a; and

"(2) Any interest earned from the monies deposited into the Fund.

"(c) Money in the Fund shall be used for operating expenses related to administering the program established under section 5a.

"(d)(1) 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.

"(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.".

Sec. 3. Section 32(b)(1) of the District of Columbia Statehood ConstitutionalConvention Initiative of 1979, effective May 2, 2015 (D.C. Law 20-71; D.C. Official Code § 1-129.32(b)(1)), is amended as follows:

(a) Subparagraph (C) is amended by striking the period at the end and inserting the phrase "; and" in its place.

(b) A new subparagraph (D) is added to read as follows:

"(D) Donations accepted pursuant to section 5a(d)(1) of the District of Columbia Flag Adoption and Design Act of 2002, passed on 2nd reading on November 15, 2016 (Enrolled version of Bill 21-231).".

Sec. 4. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 5. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto by the mayor, action by the Council to override the veto), a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.