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1 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. *** CURRENT THROUGH DECEMBER 28, 2010 AND THROUGH D.C. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18, 2010 *** DIVISION I. GOVERNMENT OF DISTRICT TITLE 8. ENVIRONMENTAL AND ANIMAL CONTROL AND PROTECTION SUBTITLE A. ENVIRONMENTAL CONTROL AND PROTECTION CHAPTER 1. ENVIRONMENTAL CONTROLS SUBCHAPTER V. ENVIRONMENTAL IMPACT STATEMENTS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D.C. Code § 8-109.01 (2011) § 8-109.01. Purpose [Formerly § 6-981]

The purpose of this subchapter is to promote the health, safety and welfare of District of Columbia ("District") residents, to afford the fullest possible preservation and protection of the environment through a requirement that the environmental impact of proposed District government and privately initiated actions be examined before implementation and to require the Mayor, board, commission, or authority to substitute or require an applicant to substitute an alternative action or mitigating measures for a proposed action, if the alternative action or mitigating measures will accomplish the same purposes as the proposed action with minimized or no adverse environmental effects. HISTORY: 1981 Ed., § 6-981; Oct. 18, 1989, D.C. Law 8-36, § 2, 36 DCR 5741. NOTES: LEGISLATIVE HISTORY OF LAW 8-36. --Law 8-36, the "District of Columbia Environmental Policy Act of 1989," was introduced in Council and assigned Bill No. 8-8. The Bill was adopted on first and second readings on June 27, 1989 and July 11, 1989, respectively. Signed by the Mayor on July 27, 1989, it was assigned Act No. 8-65 and transmitted to both Houses of Congress for its review.

LexisNexis 50 State Surveys, Legislation & Regulations Environmental Impact Assessment

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2 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. *** CURRENT THROUGH DECEMBER 28, 2010 AND THROUGH D.C. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18, 2010 *** DIVISION I. GOVERNMENT OF DISTRICT TITLE 8. ENVIRONMENTAL AND ANIMAL CONTROL AND PROTECTION SUBTITLE A. ENVIRONMENTAL CONTROL AND PROTECTION CHAPTER 1. ENVIRONMENTAL CONTROLS SUBCHAPTER V. ENVIRONMENTAL IMPACT STATEMENTS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D.C. Code § 8-109.02 (2011) § 8-109.02. Definitions [Formerly § 6-982]

For the purposes of this subchapter, the term: (1) "Action" means (A) a new project or activity directly undertaken by the Mayor or a board, commission, or authority of the District government or (B) a project or activity that involves the issuance of a lease, permit, license, certificate, other entitlement, or permission to act by an agency of the District government. (2) "Major action" means any action that costs over $ 1,000,000 and that may have a significant impact on the environment, except that, subject to the exemptions in § 8-109.06, the Mayor, pursuant to rules issued in accordance with § 8-109.09, shall classify any action that costs less than $ 1,000,000 as a major action, if the action imminently and substantially affects the public health, safety, or welfare. The cost level of $ 1,000,000 shall be based on 1989 dollars adjusted annually according to the Consumer Price Index. (3) "Environment" means the physical conditions that will be affected by a proposed action, including but not limited to, the land, air, water, minerals, flora and fauna. (4) "Hazardous substance" means any solid, liquid, gaseous, or semisolid form or combination that, because of its nature, concentration, physical, chemical, or infectious characteristic, as established by the Mayor, may: (A) Cause or significantly contribute to an increase in mortality or an increase in a serious, irreversible or incapacitating reversible illness; or

Page 3 D.C. Code § 8-109.02

(B) Pose a substantial hazard to human health or the environment if improperly treated, stored, transported, disposed of, or otherwise managed, including substances that are toxic, carcinogenic, flammable, irritants, strong sensitizers, or that generate pressure through decomposition, heat, or other means and containers and receptacles previously used in the transportation, storage, use, or application of hazardous substances. (5) "Lead agency" means the District agency designated by the Mayor to have primary responsibility for the preparation of an Environmental Impact Statement ("EIS"). (6) "Functional equivalent" means the full and adequate description and analysis of the environmental impact of a proposed action by an agency, board, commission, or authority of the District government that examines or imposes environmental controls under procedures that provide for notice, opportunity for public comment, and the creation of a reviewable record. HISTORY: 1981 Ed., § 6-982; Oct. 18, 1989, D.C. Law 8-36, § 3, 36 DCR 5741. NOTES: SECTION REFERENCES. --This section is referenced in § 8-151.03 and § 8-1051. LEGISLATIVE HISTORY OF LAW 8-36. --See note to § 8-109.01.

LexisNexis 50 State Surveys, Legislation & Regulations Environmental Impact Assessment

GOVERNMENT OF DISTRICT TITLE 8. or person shall prepare or cause to be prepared. *** CURRENT THROUGH DECEMBER 28. Inc. ENVIRONMENTAL CONTROL AND PROTECTION CHAPTER 1. a detailed EIS at least 60 days prior to implementation of the proposed major action. analyze: (1) The goals and nature of the proposed major action and its environment. commission. where appropriate. if implemented. (5) Any irreversible and irretrievable commitment of resources involved in the implementation of the proposed major action.Page 4 3 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. the Mayor. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. commission. (2) The relationship of the proposed major action to the goals of the adopted Comprehensive Plan. and transmit. Code § 8-109.C. including alternative locations and the adverse and beneficial effects of the alternatives.C. and any District or federal environmental standards. 2010 *** DIVISION I. The EIS shall be written in a concise manner. ENVIRONMENTAL CONTROLS SUBCHAPTER V.03.03 (2011) § 8-109. (6) Mitigation measures proposed to minimize any adverse environmental impact. The EIS shall describe and. 2010 AND THROUGH D. requirements as promulgated by the Zoning Commission. unless the Mayor determines that the proposed major action has been or is subject to the functional equivalent of an EIS. . board. a member of the LexisNexis Group. ENVIRONMENTAL AND ANIMAL CONTROL AND PROTECTION SUBTITLE A. (3) Any adverse environmental impact that cannot be avoided if the proposed major action is implemented.. authority. All rights reserved. authority. in accordance with subsection (b) of this section. ENVIRONMENTAL IMPACT STATEMENTS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. Environmental Impact Statement requirements [Formerly § 6-983] (a) Whenever the Mayor or a board. (4) Alternatives to the proposed major action. or person proposes or approves a major action that is likely to have substantial negative impact on the environment.

board. or disposal of a hazardous substance. or authority may require an applicant to prepare an EIS. No lease. commission. any affected Advisory Neighborhood Commission. costs.09(a). transportation. commission. commission. (10) Responses to comments provided by the Council. permit. and transmit to the Council a written determination that describes why an EIS is not required prior to the grant or issuance of any applicable lease. the Mayor. (3) If the major action involves the grant or issuance to an applicant of a lease. permit. (2) If the Mayor. board. and any affected Advisory Neighborhood Commission. of receipt of an application for a proposed major action whether an EIS is required. if a determination has been made that an EIS is required. Code § 8-109.03 (7) The impact of the proposed major action on the use and conservation of energy resources. for comment on any EIS required to be prepared pursuant to subsection (a) of this section. license. or authority at any stage of the review of the proposed major action by timely submitting all relevant information concerning impact. (b) The Mayor. (8) The cumulative impact of the major action when considered in conjunction with other proposed actions. If 25 registered voters in an affected single member district request a public hearing on an EIS or supplemental EIS or there is significant public interest. commission. A nongovernmental applicant shall be charged a fee to cover the cost of agency review of the EIS. license. certificate. certificate. or authority of the District government shall determine within 30 days. and (11) Any additional information that the Mayor or a board. permit. Sundays. (C) The applicant shall assist the Mayor. or authority shall conduct a public hearing pursuant to the rules issued in accordance with § 8-109.C. commission. or authority shall provide a reasonable period consistent with subchapter I of Chapter 5 of Title 2. board. (c) (1) The Mayor. or permission to act. (B) The Mayor. or other entitlement shall be issued. if the action involves the grant or issuance of a lease. board. or other entitlement by a District agency. or authority determines to be helpful in assessing the environmental impact of any proposed major action and the suggested alternatives. storage. certificate. benefits. board. or a board. and legal holidays. permit. (9) The environmental effect of future expansion or action. unless the applicant required to prepare an EIS has completed the EIS in compliance with this subchapter and paid any fee charged pursuant to this paragraph. if applicable and significant. A copy of the EIS shall be made available for review by the public in the main office of the agency primarily responsible for implementing or permitting the proposed major action. . The Mayor. or other entitlement by a District agency: (A) The agency shall notify the applicant. and alternatives. commission. commission. the Mayor shall prepare. excluding Saturdays. or authority shall transmit a copy of any EIS prepared pursuant to subsection (a) of this section to the Council. and interested members of the public. entitlement. make available for public inspection. use.Page 5 D. in writing. certificate. any District agency that has responsibility for implementing the major action or special expertise with respect to any environmental impact involved. license. agency. or authority of the District government determines that an EIS is not required for a major action that is likely to involve the creation. Notice of the determination and the findings that support the determination shall be kept on file by the Mayor. if expansion or action is a reasonably foreseeable consequence of the initial major action and the future expansion or action will likely change the scope or nature of the initial major action or its environmental effects. commission. or the board. license.

2d 1160. 18. 634 A. Standing APPLICABILITY. Nonprofit neighborhood open space preservation group failed to show any injury in fact that resulted to it from the failure to conduct a full environmental quality review process before permitting construction of a building. Foggy Bottom Ass'n v. D. SCOPE OF AUTHORITY. Code § 8-109. 2009 D. App. because the Commission's decision did not allow the university to begin construction. App. if the applicant fails to submit relevant information as specified in rules promulgated pursuant to § 8-109. --See note to § 8-109. Inc. board. 1989. LexisNexis 50 State Surveys. D. § 4.C. permit. District of Columbia Bd. STANDING.03 The Mayor. D.C. or authority shall deny a proposed action.05. District of Columbia Environmental Policy Act did not require the District of Columbia Zoning Commission to postpone consideration of the university's applications for development of a new campus until the environmental impact of the proposed development was reviewed. Concerned Citizens of Brentwood v. Oct.2d 1201.. District of Columbia. LEXIS 372 (2009). Zoning Comm'n. Friends of Tilden Park. commission. § 6-983. the requirements of the District of Columbia Environmental Policy Act were not yet applicable. certificate or authorization. LEGISLATIVE HISTORY OF LAW 8-36.C. . of.Page 6 D.09. and the board did not err in failing to await the preparation of an environmental impact statement. 36 DCR 5741.C. LEXIS 530 (2002). 806 A. 2002 D. HISTORY: 1981 Ed. NOTES: SECTION REFERENCES. 979 A. Legislation & Regulations Environmental Impact Assessment ANALYSIS Applicability Scope of authority..C.2d 1234 (1993). but rather only set forth the conditions under which the Commission would allow it to continue with the zoning process. Because a Board of Zoning Adjustment order did not result in the issuance of any license. App. so it lacked standing to seek relief sought in the form of compelling the process. Law 8-36.C. v.01. --This section is referenced in § 8-109.

Legislation & Regulations Environmental Impact Assessment . NOTES: LEGISLATIVE HISTORY OF LAW 8-36. or welfare is imminently and substantially endangered by the action. Inc. *** CURRENT THROUGH DECEMBER 28. 2010 AND THROUGH D. --See note to § 8-109. commission. ENVIRONMENTAL CONTROLS SUBCHAPTER V. 2010 *** DIVISION I. GOVERNMENT OF DISTRICT TITLE 8. ENVIRONMENTAL AND ANIMAL CONTROL AND PROTECTION SUBTITLE A. Law 8-36.Page 7 4 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company.C. 1989.. unless the applicant proposes mitigating measures or substitutes a reasonable alternative to avoid the danger. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. ENVIRONMENTAL IMPACT STATEMENTS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. 18.04.01. HISTORY: 1981 Ed. Code § 8-109. the Mayor. Adverse impact findings [Formerly § 6-984] If the EIS identifies an adverse effect from a proposed major action and contains a finding that the public health.04 (2011) § 8-109. § 6-984. LexisNexis 50 State Surveys. ENVIRONMENTAL CONTROL AND PROTECTION CHAPTER 1. or authority of the District government shall disapprove the action. board.C. All rights reserved. safety.C.. 36 DCR 5741. a member of the LexisNexis Group. Oct. § 5. D.

Law 8-36. All rights reserved. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18.C. D. § 6. transmitted. or person shall prepare a supplemental EIS if: (1) The agency or applicant makes or proposes a substantial change in the proposed action that is relevant to environmental concerns. 1989. or a board. NOTES: LEGISLATIVE HISTORY OF LAW 8-36. 36 DCR 5741. *** CURRENT THROUGH DECEMBER 28.Page 8 5 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. Code § 8-109. ENVIRONMENTAL IMPACT STATEMENTS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. (b) The supplemental EIS shall be prepared. Supplemental EIS [Formerly § 6-985] (a) The Mayor. 2010 *** DIVISION I. GOVERNMENT OF DISTRICT TITLE 8. HISTORY: 1981 Ed. Legislation & Regulations Environmental Impact Assessment . LexisNexis 50 State Surveys.C. ENVIRONMENTAL CONTROL AND PROTECTION CHAPTER 1. or (2) There are significant new circumstances or information relevant to environmental concerns that affect the proposed action or the impact of the proposed action. 2010 AND THROUGH D.. Inc. ENVIRONMENTAL AND ANIMAL CONTROL AND PROTECTION SUBTITLE A. a member of the LexisNexis Group.05. and funded in accordance with the requirements of § 8-109. § 6-985. commission.01. ENVIRONMENTAL CONTROLS SUBCHAPTER V.. --See note to § 8-109.03. authority.C. Oct.05 (2011) § 8-109. 18.

Public library established. as component parts of said library. Law 17-353 validated a previously made technical correction. The 2009 amendment by D. Said library shall consist of a central library and such number of branch libraries so located and so supported as to furnish books and other printed matter and information service convenient to the homes and offices of all residents of the said District. All rights reserved. Mayor authorized to accept gifts [Formerly § 37-101] A free public library is hereby established and shall be maintained in the District of Columbia. Code § 39-101 (2011) § 39-101. collections of books and other publications that may be transferred to him.C. NOTES: CROSS REFERENCES. which shall be the property of the said District and a supplement of the public educational system of said District. AND PUBLIC INSTITUTIONS TITLE 39. . § 10-1031. *** CURRENT THROUGH DECEMBER 28. ch. Law 17-353. 29 Stat. 1981 Ed. --Master Facilities Planning and Program Coordination Advisory Committee. D. 2009. 56 DCR 1117. 244. 1896.C. All actions relating to such library. or for the recovery of any penalties lawfully established in relation thereto.C. 54 DCR 833.Page 9 6 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. § 1. 315. and the Mayor of said District is further authorized to receive. Apr. 1926. Mar. 1. SECTION REFERENCES. EDUCATION. 2010 AND THROUGH D. --This section is referenced in § 39-102. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. § 37-101. 98. a member of the LexisNexis Group.. Law 16-268. PUBLIC LIBRARIES SUBCHAPTER I.. HISTORY: June 3. 14. ch. § 1. bequests. § 5(a). § 37-101. 1973 Ed. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. § 160(b).C. 229. D. 25. 2010 *** DIVISION VI. --D. shall be brought in the name of the District of Columbia. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. 44 Stat.C. Mar. Law 16-268 deleted "and the Mayor of the said District is authorized on behalf of said District to accept and take title to all gifts. and devises for the purpose of aiding in the maintenance or endowment of said library" following "District of Columbia" in the last sentence. LIBRARIES CHAPTER 1. Inc. 2007..C. LIBRARIES. EFFECT OF AMENDMENTS.

the Office of Property Management and the Department of Recreation. Facilities planning shall incorporate considerations of literacy activities at existing libraries and recreation centers. 16-624 and transmitted to Congress for its review." was introduced in Council and assigned Bill No. 17-687 and transmitted to Congress for its review. EDITOR'S NOTES. 16-624. it was assigned Act No. Mount Pleasant and Francis Gregory Libraries shall occur in fiscal year 2005 through the cooperation of the District of Columbia Public Libraries. the "Public Charter School Assets and Facilities Preservation Amendment Act of 2006. 1. 2008. and Dec. --D. respectively. 2. Southeast. --Law 17-353. The Bill was adopted on first and second readings on Dec. 25. D. Signed by the Mayor on Dec. 2007. 2006. Code § 39-101 LEGISLATIVE HISTORY OF LAW 16-268. 17-994. respectively. 51 DCR 8441. the "Technical Amendments Act of 2008.C. 2009. 2005. effective Oct. 19.Page 10 D. D. 14. LEGISLATIVE HISTORY OF LAW 17-353.C. 26. Law 17-353 became effective on Mar. LexisNexis 50 State Surveys. 5. it was assigned Act No. Petworth. 16.C. § 4042. --Law 16-268. Legislation & Regulations Libraries & Archives . Law 16-268 became effective on Mar. 2006. provided that facilities planning for the Georgetown. The Bill was adopted on first and second readings on Dec. 2008. 28. Law 15-205.C. 2006. and Dec." was introduced in Council and assigned Bill No. 2009. Signed by the Mayor on Jan.

EDUCATION. 1. is authorized within the limits of appropriations first made therefor. § 37-102. LIBRARIES CHAPTER 1. 315. § 2.. the Board of Library Trustees. hereinafter provided. 1926. 98. to rent suitable buildings or parts of buildings for use as branch libraries and distributing stations. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. hereinafter provided. All rights reserved. AND PUBLIC INSTITUTIONS TITLE 39. Legislation & Regulations Libraries & Archives . 2010 *** DIVISION VI. The Board of Library Trustees. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. 1981 Ed. is authorized to enter into agreements with the Board of Education of the said District for the establishment and maintenance of branch libraries in suitable rooms in such public-school buildings of the said District as will supplement the central library and branch libraries in separate buildings. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. Apr. § 2. a member of the LexisNexis Group.C. 1973 Ed. ch. 2010 AND THROUGH D. Code § 39-102 (2011) § 39-102. LIBRARIES. 1896.. 29 Stat.Page 11 7 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. ch.. *** CURRENT THROUGH DECEMBER 28.C. § 37-102. Branch libraries [Formerly § 37-102] In order to make the said library an effective supplement of the public educational system of the said District and to furnish the system of branch libraries provided for in § 39-101. 44 Stat. 244. PUBLIC LIBRARIES SUBCHAPTER I. Inc. NOTES: LexisNexis 50 State Surveys. 229. HISTORY: June 3.

*** CURRENT THROUGH DECEMBER 28. Persons residing in jurisdictions outside of the District of Columbia but within the Washington Metropolitan Area (the Washington Metropolitan Area means the Standard Metropolitan Statistical Area "SMSA") who do not qualify as temporary residents in the manner described above may obtain a free library user's card from the District of Columbia Public Library. 1981 Ed. deposit of fees [Formerly § 37-103] All persons who are permanent or temporary residents of the District of Columbia shall be entitled to the privileges of the District of Columbia Public Library including the use of books and other materials. LIBRARIES. All rights reserved.. PUBLIC LIBRARIES SUBCHAPTER I. 13. ch. § 37-103. Inc. . 1926. 1978 and Sept. The Bill was adopted on first and second readings on July 25. 19. Signed by the Mayor on Oct. § 3. Code § 39-103 (2011) § 39-103. 98. For purposes of this section.C. persons living outside of the District of Columbia but having regular business or employment or attending school in the District of Columbia shall also be deemed temporary residents of the District of Columbia. EDUCATION. 2-278 and transmitted to both Houses of Congress for its review. AND PUBLIC INSTITUTIONS TITLE 39. 3.C. Law 2-131. a member of the LexisNexis Group.C.Page 12 8 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. 2-215.. 244. 1978. 29 Stat. that the jurisdiction in which such person resides permits District of Columbia residents to obtain a free library user's card from the public library in that jurisdiction. respectively. ch. 229.. HISTORY: June 3. subject to rules and regulations established by the Board of Library Trustees. 2010 AND THROUGH D. Any person residing in the Washington Metropolitan Area who does not qualify under any of the conditions stated above for the free library user's card may obtain a library user's card from the District of Columbia Public Library upon payment of a fee to be fixed by the Board of Library Trustees. provided. 25 DCR 3487. § 37-103. as a lending or circulating library. D. 1979. Apr. 1. 1896. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. Persons entitled to use of library. 1978. § 3. --Law 2-131 was introduced in Council and assigned Bill No. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. Mar. § 2. 1973 Ed. LIBRARIES CHAPTER 1. 315. 2010 *** DIVISION VI. 44 Stat. it was assigned Act No. NOTES: LEGISLATIVE HISTORY OF LAW 2-131.

Page 13 D.C. Code § 39-103 LexisNexis 50 State Surveys. Legislation & Regulations Libraries & Archives .

Code § 39-104 (2011) § 39-104. *** CURRENT THROUGH DECEMBER 28. qualifications. and 3 shall be appointed for a term of 3 years from the date the first members are installed. a member of the LexisNexis Group. Thereafter. with the advice and consent of the Council of the District of Columbia. that date shall become the anniversary date for all appointments.Page 14 9 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. 2010 AND THROUGH D. AND PUBLIC INSTITUTIONS TITLE 39. (b) Each member of the Board shall be a resident of the District of Columbia.C. A person may be reappointed after an absence of 1 year from the board. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. 1985. EDUCATION. or for other reasons occurs in an unexpired term on the Board. (e) A member of the Board may be reappointed but shall not serve more than 2 consecutive terms. officers. The members of the Board serving on September 5. Board of Trustees -. (f) Whenever a vacancy as a consequence of resignation. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. and shall have a demonstrated interest in the public library. ex officio member [Formerly § 37-104] (a) The public library shall be in the charge of a Board of Library Trustees ("Board"). PUBLIC LIBRARIES SUBCHAPTER I. compensation. vacancies.Appointment.C. disability. 3 shall be appointed for a term of 5 years. (c) Each member of the Board shall serve for a term of 5 years. the Mayor shall appoint a replacement to fill that unexpired term in the same manner specified in subsections (a) and (b) of this section. LIBRARIES. (d) Of the members of the Board appointed under this subchapter. term. Inc. and until a successor is appointed and confirmed. shall continue to serve until the new Board members are qualified to serve. which shall be composed of 9 members appointed by the Mayor of the District of Columbia. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. 2010 *** DIVISION VI. All rights reserved. LIBRARIES CHAPTER 1.. A member appointed to fill an unexpired term shall serve only for the remainder . death. 3 shall be appointed for a term of 4 years.

315. 1896.01 and § 1-1106. 98. 1985 and May 28. 44 Stat. 229. D. ch. ch. 32 DCR 3582.. 1. (i) The librarian of the public library shall be a nonvoting. respectively. --Law 6-17 was introduced in Council and assigned Bill No. 1985. HISTORY: June 3. Sept. 1981 Ed.02. Legislation & Regulations Libraries & Archives . the Board shall elect 1 of its members to serve as its president and may elect any other officer it requires.08. 1973 Ed. (h) Members of the Board shall be compensated at a rate to be determined by the Mayor. Apr. § 4. it was assigned Act No. 6-32 and transmitted to both Houses of Congress for its review. § 4. ex officio member of the Board. 1985.C. Code § 39-104 of that term. LexisNexis 50 State Surveys. 5. 6-114.Page 15 D. Law 6-17. 1926. in accordance with § 1-611. (g) Each year. § 37-104.C. The Bill was adopted on first and second readings on May 14.. Signed by the Mayor on June 10. The completion of the unexpired term of a former member's term shall not constitute a full term for purposes of subsection (e) of this section. 29 Stat. LEGISLATIVE HISTORY OF LAW 6-17. --This section is referenced in § 1-523. 1985. NOTES: SECTION REFERENCES. § 37-104. 244. § 2.

Page 16 10 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. (7) Have the authority to fix. EDUCATION.C. deposit of fines [Formerly § 37-105] (a) The Board of Library Trustees shall: (1) Have the authority to provide for the care and preservation of the library. All rights reserved. AND PUBLIC INSTITUTIONS TITLE 39. PUBLIC LIBRARIES SUBCHAPTER I. a member of the LexisNexis Group. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. and for the retention of books and other library materials beyond the period fixed by library rules. LIBRARIES.01 et seq. assess. independent of the Office of Contracting and Procurement and the requirements of Unit A of Chapter 3 of Title 2 [§ 2-301. (4) Have the authority to establish rules necessary for the organization and governance of the Board it deems necessary. LIBRARIES CHAPTER 1. except as specified in § 2-303. (5) Have the authority to establish rules necessary for the management of the library. and in accordance with subsection (c) of this section. (6) Have the authority to prescribe rules for borrowing and returning books.20. the spending of all . ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. Code § 39-105 (2011) § 39-105. under the rules of the library and the laws of the District of Columbia. (3) Have the authority to procure all goods and services necessary to operate the library system. (8) Account for and control. *** CURRENT THROUGH DECEMBER 28. and collect fines and penalties for the loss or injury to books and other library materials.. (2) Determine the policy of the public library. Board of Trustees -. Inc. 2010 AND THROUGH D.Duties.]. 2010 *** DIVISION VI.C. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I.

§ 316. and provide general support of library activities.C. with the prior review and approval of the Chief Financial Officer for the District of Columbia and the District of Columbia Financial Responsibility and Management Assistance Authority.01 et seq. the Board of Trustees of the District of Columbia Public Library is authorized to hire a fund raiser and to raise funds from private sources and expend those funds for the benefit of the District of Columbia Public Library. excluding Saturdays. 1973 Ed. Law 18-45 amended (a)(1) and (a)(3). . 2. 1997. Law 18-111 rewrote (a)(1) and (a)(3). § 37-105. Law 16-197 deleted the proviso from the end of (a)(1). 1981 Ed. 2010. 1926. Law 16-197.C. Apr. Law 11-259. ch. gather information on the needs of the library. by resolution. § 5.C. 29 Stat.C. 1998. If the Council does not approve or disapprove the proposed rules. TEMPORARY LEGISLATION. and days of Council recess. within the 45-day period. (b) All monies received by the Board for fines and penalties shall be paid to the District of Columbia Treasurer for credit to the public library's Book Purchase Fund. Sundays. until the Board promulgates rules under paragraph (1) of this subsection. Mar. Mar. (12) Meet at least once every 2 months. D. D. and added (c).Page 17 D. 57 DCR 181. that contracting for the maintenance of the library and the erection or enlargement of library buildings shall be carried out by the Office of Contracting and Procurement on behalf of the Board". The 2010 amendment by D. EFFECT OF AMENDMENTS. 2681-146. --Section 2 of D. 3. --D. 21. (9) Make an annual report to the Mayor and the Council of the District of Columbia on the operation of the public library on or before February 1st of each calendar year for the preceding fiscal year. promote improvement of library services. 315. Law 6-17. 2007. ch. 44 DCR 1423. in accordance with the provisions of the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (Chapter 6 of Title 1). § 156. and added (c) to read as follows: "(a) The Board of Library Trustees shall: "(1) Have the authority to provide for the care and preservation of the library. the proposed rules shall be deemed disapproved. rewrote (a)(3).C.C. § 3205(jjj). legal holidays.02. Law 18-111. 105-277. 25 DCR 5740.C. (11) Encourage and assist in the establishment of community support groups in the branch libraries which may advise the Board on library matters. in accordance with the provisions of subchapter VIII of Chapter 6 of Title 1. 5. § 2.C. 44 Stat. 244. NOTES: SECTION REFERENCES. Law 2-139. 1896. Sept. § 2. § 4041. 98. D. which read "provided. --This section is referenced in § 1-636. 1979.C. (13) Notwithstanding any other provision of law. in whole or in part. (10) Select and appoint a professional librarian as librarian of the public library to supervise and manage the day-to-day operations of the library. 3.. 32 DCR 3582. Apr.. Mar. 1. § 5. (c) (1) The Board may issue rules to govern its procurement. The proposed rules shall be submitted to the Council for a 45-day period of review. The librarian of the public library shall appoint assistants and employees the Board deems necessary for the proper operation of the library. 112 Stat. L. Oct. 230. § 37-105. 1985. 12. Code § 39-105 public funds received by the library. D. 53 DCR 8827. and added (c). Pub. however. (2) The Board may exercise procurement authority consistent with rules promulgated under § 2-301. D. HISTORY: June 3.

Sundays. For temporary amendment of (a) and addition of (c). it was assigned Act No. the "Library Procurement Amendment Act of 2006. 54 DCR 1114). 2-10. 22. 53 DCR 8645). effective February 21. The Bill was adopted on first and second readings on Nov. 2006. 2. 2009. The Board may exercise procurement authority consistent with rules published at page 493 of volume 55 of the District of Columbia Register (55 DCR 493) until the rules are amended or superseded. the "Procurement Reform Amendment Act of 1996. 2006. Law 6-85. and in accordance with subsection (c) of this section. 3. 17. 1986 (D. January 4. . Act 16-661.Page 18 D. 2009. applicable as of May 31.) ("Act'). and addition of (c). within the 45-day period. 2006. The Bill failed its first reading on June 6.C. 2009. --See note to § 39-104. and addition of (c). --Law 16-197. D. LEGISLATIVE HISTORY OF LAW 11-259. 2009. 1978. and Oct. legal holidays. 1978. 31. July 28. 3.C. For temporary amendment of (a)(1) and (a)(3). 2006. 12. it was assigned Act No.C. applicable as of October 1. 2009. Signed by the Mayor on Oct. "(2) The Board may issue rules to implement the provisions of this section. the proposed rules shall be deemed disapproved. LEGISLATIVE HISTORY OF LAW 2-139. and addition of (c).01 et seq. October 15. The Bill was adopted on first and second readings on Oct. Act 18-93. 1978 and Oct. see § 4041 of the Fiscal Year 2010 Budget Support Congressional Review Emergency Act of 2009 (D. 2009. --For temporary amendment of (a) and addition of (c). Law 16-197 became effective on Mar. see § 2 of the DCPL Procurement Emergency Amendment Act of 2009 (D. 1996. For temporary amendment of (a) and addition of (c). 56 DCR 4310). Act 18-260. in whole or in part. D. respectively.C. Code § 39-105 ***** "(3) Have the authority to procure all goods and services necessary to operate the library system." Section 5(b) of D. 7. 1996. 2010. If the Council does not approve or disapprove the proposed rules. 57 DCR 339). Law 18-45 provided that the act shall expire after 225 days of its having taken effect. 1997. 11-526 and transmitted to both Houses of Congress for its review.C. 23. October 18. Act 18-151. May 20. 2006. LEGISLATIVE HISTORY OF LAW 6-17. 1997. For temporary amendment of (a)(1) and (a)(3). see § 2 of the DCPL Procurement Congressional Review Emergency Amendment Act of 2009 (D.C. D. --Law 11-259. applicable as of March 2. excluding Saturdays.C. 56 DCR 6338). and days of Council recess. For temporary amendment of (a)(1) and (a)(3).C. 2-300 and transmitted to both Houses of Congress for its review. see § 4041 of the Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D. LEGISLATIVE HISTORY OF LAW 16-197. 16-562. Signed by the Mayor on Jan.C. Signed by the Mayor on Nov. respectively. respectively. 3. 11-705.C. The proposed rules shall be submitted to the Council for a 45-day period of review. by resolution. Law 11-259 became effective on Apr.C. see § 2 of the Library Procurement Congressional Review Emergency Amendment Act of 2006 (D. --Law 2-139 was introduced in Council and assigned Bill No." was introduced in Council and assigned Bill No. 2006. and was adopted on first and second readings on July 11. it was assigned Act No. Act 16-483. see § 2 of the Library Procurement Emergency Amendment Act of 2006 (D. ***** "(c)(1) The rules published at page 493 of volume 55 of the District of Columbia Register (55 DCR 493) are revived. December 28. 16-492 and transmitted to Congress for its review. and Dec. Code § 2-301. independent of the Office of Contracting and Procurement and the requirements of the District of Columbia Procurement Practices Act of 1985. 2009. Act 18-207. applicable as of March 2. 56 DCR 8228).C. except as specified in section 320 of the Act." was introduced in Council and assigned Bill No. EMERGENCY LEGISLATION.

D. 2009. Law 16-197 provides that the act shall expire 2 years after its effective date. 18-255 and transmitted to Congress for its review. The Bill was adopted on first and second readings on May 5. the amendments to this section made by D. 24. Section 4043 of D. respectively.Page 19 D.C.C. Pursuant to D. Law 18-45 became effective on Sept. 18-269. Signed by the Mayor on June 18. --Law 18-111. EDITOR'S NOTES." was introduced in Council and assigned Bill No. and expires on Apr. The Bill was adopted on first and second readings on May 12. 2010. D. it was assigned Act No. D.C. 2009.C.C. Code § 39-105 2007. 2009. 2010.C. and June 2. --Section 4 of D." was introduced in Council and assigned Bill No. 18-117 and transmitted to Congress for its review. Signed by the Mayor on Dec. Law 18-111 provided that §§ 4040 through 4043 of the act shall apply as of March 2. LEGISLATIVE HISTORY OF LAW 18-45. 2009. 2009.C. 22. and added (c). Law 16-197 expired on March 2. and Sept. 2009. the "Fiscal Year 2010 Budget Support Act of 2009. LEGISLATIVE HISTORY OF LAW 18-111. Law 18-111 became effective on Mar. the "DCPL Procurement Temporary Amendment Act of 2009. Legislation & Regulations Libraries & Archives . 2009. LexisNexis 50 State Surveys. 2009.C. 3. 18. --Law 18-45. respectively. Law 16-197. it was assigned Act No. Law 16-197 amended (a)(1) and (a)(3). 2009. § 4. 18-203. 11.

LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. LexisNexis 50 State Surveys. NOTES: SECTION REFERENCES. HISTORY: June 3. Legislation & Regulations Libraries & Archives ANALYSIS Applicability ." was introduced in Council and assigned Bill No. D.Page 20 11 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. 230. ch. LIBRARIES.. 2010 AND THROUGH D. 20. --This section is referenced in § 39-112. --Law 12-264. 1998. ch. and for the erection and enlargement of necessary library buildings. 1973 Ed. D. 20. § 39. AND PUBLIC INSTITUTIONS TITLE 39. *** CURRENT THROUGH DECEMBER 28. 1. LEGISLATIVE HISTORY OF LAW 12-264. Apr. PUBLIC LIBRARIES SUBCHAPTER I. 1998. it was assigned Act No. for the purchase of land for sites for library buildings. 10. the "Technical Amendments Act of 1998. 1981 Ed. 98. The Bill was adopted on first and second readings on Nov. Mayor authorized to seek appropriations for library expenses [Formerly § 37-106] The Mayor of the District is authorized to include in his annual estimates for appropriation sums as he may deem necessary for the proper maintenance of the library. 315. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. Apr. respectively. § 6. including branches. 1. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18.. Code § 39-106 (2011) § 39-106. 46 DCR 2118.C. Inc. LIBRARIES CHAPTER 1. 1896. a member of the LexisNexis Group. 1926.C. 12-626 and transmitted to both Houses of Congress for its review.. 1999. 7. Law 12-264 became effective on Apr.C. Signed by the Mayor on Jan.C. and Dec. 44 Stat. 2010 *** DIVISION VI. Law 12-264. 12-804. § 6. § 37-106. 1999. 1999. § 37-106. All rights reserved. EDUCATION.

Barry. LEXIS 226 (1990). Code § 39-106.Page 21 D.C. the library was subject to the Mayor's authority in financial matters under D. although the Mayor's authority over the public library was limited in terms of its policy choices and personnel choices.C. Code § 1-315. .06.C.2d 110. 1990 D. D. Hazel v.. App. The Mayor of the District of Columbia had authority to reduce the budget of the public libraries of the District despite the library's status as a statutory independent agency pursuant to D. Code § 39-106 APPLICABILITY.C.C. 580 A. App.

1981. LIBRARIES CHAPTER 1. AND PUBLIC INSTITUTIONS TITLE 39. and postcards. 4-65 and transmitted to both Houses of Congress for its review. 1981.C. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. Law 4-38. 21. Signed by the Mayor on Nov. 30 DCR 6284.. ch. Purchase. 14. D. § 2. and sell library-related items. The Bill was adopted on first and second readings on June 16. pens. publications and items of special interest commemorating individuals and events connected with the library. including. Signed by the Mayor on July 20. Law 5-55.C. the following: film catalogs and other publications of the library. it was assigned Act No. --Law 5-55 was introduced in Council and assigned Bill No. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. 1984. and sale of library-related items. 8. 315. 1896. 5-214. but not limited to. June 3..C. 1981. 1983. Code § 39-107 (2011) § 39-107. it was assigned Act No. 18. reproductions of unique library materials. a member of the LexisNexis Group. 4-221. NOTES: LEGISLATIVE HISTORY OF LAW 4-38. LexisNexis 50 State Surveys. respectively. 5-81 and transmitted to both Houses of Congress for its review. 1981. The Bill was adopted on first and second readings on Oct. PUBLIC LIBRARIES SUBCHAPTER I. Mar. § 37-106.1] The Board shall have power to purchase. Legislation & Regulations Libraries & Archives . § 2. and Nov. as added Oct. § 7. EDUCATION. LEGISLATIVE HISTORY OF LAW 5-55. Inc. 1983. 1. use of profits [Formerly § 37-106. respectively. rent. and promotional items and souvenirs such as book tote bags. LIBRARIES. 28 DCR 3389. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I.Page 22 12 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. D. rent. All rights reserved. video recordings. and June 30. --Law 4-38 was introduced in Council and assigned Bill No. 2010 AND THROUGH D.C. 1983. notebooks. 2010 *** DIVISION VI. HISTORY: 1981 Ed.1. *** CURRENT THROUGH DECEMBER 28. unneeded books. Any profits realized shall be used to purchase books and other publications.

AND PUBLIC INSTITUTIONS TITLE 39. --Acceptance of gifts and donations to the District of Columbia Public Library. accessibility of records for public inspection. grant. LIBRARIES CHAPTER 1. gift. or asset with a value of $ 10.C. or asset with a value of less than $ 10.C.01(e). All rights reserved. including the investment of the principal of the property or funds. (c) All monetary donations permitted under subsection (a) of this section shall be made available to the District of Columbia Public Library through the private grant revenue source included in the District of Columbia Public Library's annual operating budget. a member of the LexisNexis Group. (d) The Board shall issue rules to implement this section. but may delegate the acceptance of any donation. HISTORY: Act of June 3. PUBLIC LIBRARIES SUBCHAPTER I. record-keeping requirements. The rules shall govern the acceptance and use of donations and gifts. gift. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. ch. NOTES: CROSS REFERENCES. or other type of asset. and other governmental entities. 2010 AND THROUGH D. § 7a. § 1-329. EDUCATION. 2010 *** DIVISION VI. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D.C. gifts by devise or bequest.01.000 to the librarian of the public library.. and any other areas that the Board considers appropriate. and any other type of asset. from individuals. Authority to accept donations and gifts (a) The Board of Library Trustees may accept donations. *** CURRENT THROUGH DECEMBER 28. as added Mar. Law 16-268. groups. gift. grant. corporations. partnerships. The Board shall approve any donation. . Code § 39-107a (2011) § 39-107a. grants. 54 DCR 833. (b) The Board shall manage the property or funds in accordance with the provisions or conditions of the donation. D. clubs. LIBRARIES. 315. except real property as defined in § 10-801.000 or more. Inc. 2007. § 5(b). audit procedures.Page 23 13 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. grant. 14. 1896. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18.

--D. Code § 39-107a EFFECT OF AMENDMENTS.C. LEGISLATIVE HISTORY OF LAW 16-268. Law 16-268 added this section.C. --See note to § 39-101.Page 24 D. Legislation & Regulations Libraries & Archives . LexisNexis 50 State Surveys.

C. to all affected library patrons: "Records or information concerning your borrowing records in the public library in the District of Columbia are . or agent of the public library to a 3rd party or parties. Confidentiality of circulation records [Formerly § 37-106. except with the written permission of the affected library patron or as the result of a court order. (2) A person whose records are requested pursuant to paragraph (1) of this subsection may file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential.2] (a) Circulation records maintained by the public library in the District of Columbia which can be used to identify a library patron who has requested. LIBRARIES. employees. Inc. used. except that the records may be disclosed to officers. or borrowed from the public library. *** CURRENT THROUGH DECEMBER 28.Page 25 14 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company.. (b) (1) Circulation records shall not be disclosed by any officer. (4) Within 2 working days after receiving a subpoena issued by the court for public library records. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. EDUCATION. the public library shall send a copy of the subpoena and the following notice. Code § 39-108 (2011) § 39-108. LIBRARIES CHAPTER 1. AND PUBLIC INSTITUTIONS TITLE 39. All rights reserved. by certified mail. shall be kept confidential. 2010 AND THROUGH D. PUBLIC LIBRARIES SUBCHAPTER I. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. (3) Paragraph (1) of this subsection shall not operate to prohibit the officers of the public library from disclosing relevant information on a library patron to the Attorney General for the District of Columbia or legal counsel retained to represent the public library in a civil action. The motion shall be accompanied by the reasons for the request. employee. used. a member of the LexisNexis Group. or borrowed identified library materials from the public library and the specific material that patron has requested.C. 2010 *** DIVISION VI. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. and agents of the public library to the extent necessary for the proper operation of the public library.

(7) The term "government authority". D. (6) Upon application of a government authority. (c) The Board of Library Trustees may issue rules necessary to implement this section. § 8. or agent of the public library who shall violate any provision of this section or any rules issued pursuant to it commits a misdemeanor. § 2. 1985. any officer. or local government agency or department. Apr.C. 20. 13.2. "If you desire that these records or information not be released. means any federal. NOTES: LEGISLATIVE HISTORY OF LAW 5-128. and upon conviction shall be punished by a fine of not more than $ 300. (B) There is reason to believe that the records being sought are relevant to a legitimate law enforcement inquiry. you must file a motion in the Superior Court of the District of Columbia requesting that the records be kept confidential. 31 DCR 5187. 1896.C. The aggrieved public library patron may also bring a civil action against the individual violator for actual damages or $ 250. "In accordance with the District of Columbia Confidentiality of Library Records Act of 1984. HISTORY: 1981 Ed. 1999.. A sample motion is enclosed. as added Mar. these records will not be released until 10 days from the date this notice was mailed. 46 DCR 2118. § 37-106. or (C) There is reason to believe that the notice will result in: (i) Endangering the life or physical safety of any person. June 3. D. 315. state. (iii) Destruction of or tampering with evidence." (5) The public library shall not make available any subpoenaed materials until 10 days after the above notice has been mailed. reasonable attorneys' fees. employee. the "District of Columbia Confidentiality Library . If you do not have a lawyer.Page 26 D. (iv) Intimidation of potential witnesses. Code § 39-108 being sought pursuant to the enclosed subpoena. --Law 5-128. § 40. as used in paragraph (6) of this subsection. whichever is greater. (d) Unless otherwise authorized or required by law. "You may wish to contact a lawyer.C. Law 5-128. the notice required by paragraph (4) of this subsection may be waived by order of an appropriate court if the presiding judge finds that: (A) The investigation being conducted is within the lawful jurisdiction of the government authority seeking the records. and court costs. or (v) Otherwise seriously jeopardizing an investigation or official proceeding. Law 12-264. (ii) Flight from prosecution. ch. and state your reasons for the request. you may call the District of Columbia Bar Lawyer Referral Service.

1.C. 5-401. 1984. Legislation & Regulations Libraries & Archives . Code § 39-108 Records Act of 1984. 12. Signed by the Mayor on Oct. 5-181 and transmitted to both Houses of Congress for its review. and Sept. The Bill was adopted on first and second readings on July 10. --See note to § 39-106. LEGISLATIVE HISTORY OF LAW 12-264. LexisNexis 50 State Surveys. respectively. 1984.Page 27 D. 1984. it was assigned Act No." was introduced in Council and assigned Bill No.

C. 244. 29 Stat. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. HISTORY: Act of June 3. Establishment of the Library Enhancement Task Force There is established a Library Enhancement Task Force ("Task Force") to serve as a collaborative body to assess. D. --See note to § 39-109. support. AND PUBLIC INSTITUTIONS TITLE 39. EDUCATION. PUBLIC LIBRARIES SUBCHAPTER I. 4.C. All rights reserved. LEGISLATIVE HISTORY OF LAW 16-78. 2006. LexisNexis 50 State Surveys. § 2. 2010 AND THROUGH D.Page 28 15 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. LIBRARIES CHAPTER 1. Law 16-78. --D. NOTES: EFFECT OF AMENDMENTS.C. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. LIBRARIES. 2010 *** DIVISION VI. and implement strategies to fund the enhancement and development of the District of Columbia Public Library ("DCPL") system.. as added Apr. 1896.C. Inc. Legislation & Regulations Libraries & Archives . *** CURRENT THROUGH DECEMBER 28. Code § 39-109 (2011) § 39-109. 53 DCR 802. Law 16-78 added this section. a member of the LexisNexis Group. § 9.

or his or her designee. Membership and organization of the Library Enhancement Task Force (a) (1) The Task Force shall be comprised of the following 11 members: (A) The Mayor. or his or her designee. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. or his or her designee. Code § 39-110 (2011) § 39-110. or his or her designee. *** CURRENT THROUGH DECEMBER 28. and a third member of the Board of Library Trustees designated by the Board President. (B) The Chairperson of the Committee on Education.C. EDUCATION. (G) The President of the Board of Library Trustees. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. AND PUBLIC INSTITUTIONS TITLE 39. a member of the LexisNexis Group. LIBRARIES CHAPTER 1. (D) The Deputy Mayor for Planning and Economic Development. or his or her designee. or his or her designee. (E) The Deputy Mayor for Children. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. Youth. one of whom shall be appointed by the Mayor and one of whom shall be appointed by the Council by resolution.Page 29 16 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company.C. (F) The Chief Financial Officer. and Recreation of the Council of the District of Columbia. . Libraries. PUBLIC LIBRARIES SUBCHAPTER I. Inc. Families and Elders. 2010 AND THROUGH D. the Chairperson of the Board of Library Trustees' Facilities Committee. LIBRARIES. to serve 3-year terms. 2010 *** DIVISION VI.. All rights reserved. (C) The Chairperson of the Committee on Economic Development of the Council of the District of Columbia. and (H) Two public members.

1896. D. as added Apr. HISTORY: Act of June 3. or their designees. (b) The President of the Board of Library Trustees shall serve as Chairperson. § 2. § 10. --See note to § 39-109. --D. LexisNexis 50 State Surveys.C. Code § 39-110 (2) Vacancies occurring in the Task Force shall be filled in the same manner as the original appointees. NOTES: EFFECT OF AMENDMENTS.C. 244. 2006. Law 16-78 added this section. Law 16-78. and (3) The President of the University of the District of Columbia. 53 DCR 802. 29 Stat. (d) Each member shall serve without compensation. Legislation & Regulations Libraries & Archives . 4. except that members may receive reimbursement for expenses incurred in the service of the Task Force. shall serve as ex-officio.Page 30 D. (c) The following 3 persons. (e) The DCPL shall provide staffing for the Task Force. LEGISLATIVE HISTORY OF LAW 16-78. nonvoting members of the Task Force: (1) The Director of the District of Columbia Public Library. (2) The Superintendent of the District of Columbia Public Schools.C.

(D) The DCPL Strategic Business Plan 2005-2006. LIBRARIES CHAPTER 1. and community needs into the District's planning and economic development opportunities. recreational.C. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I.. (B) The DCPL Capital Construction/Renovation Master Plan for Branch Libraries. (C) The DCPL Building Condition Survey. and other educational. . 2010 *** DIVISION VI. AND PUBLIC INSTITUTIONS TITLE 39. Code § 39-111 (2011) § 39-111. 2010 AND THROUGH D. (E) Any revisions to the plans set forth in subparagraphs (A) through (D) of this paragraph. (2) Identify methods to integrate the facility and programming needs of the DCPL. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. a member of the LexisNexis Group.Page 31 17 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company.C. (3) Assess and recommend methods of using DCPL assets to raise funds to modernize and enhance the DCPL system. All rights reserved. Inc. Duties of the Task Force (a) The Task Force shall: (1) Review: (A) The District of Columbia Comprehensive Plan. LIBRARIES. EDUCATION. PUBLIC LIBRARIES SUBCHAPTER I. *** CURRENT THROUGH DECEMBER 28. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. and (F) The recommendations of the Mayor's Blue Ribbon Task Force on the Future of the District of Columbia Public Library System.

--Law 16-78. D. --This section is referenced in § 39-113. and (5) Following approval by the Board of Library Trustees of the strategic plan developed and submitted to the Board of Library Trustees. Law 16-78 became effective on Apr. and (C) Selling or leasing facilities or real property used by or under the control of the DCPL. The Bill was adopted on first and second readings on Dec. 16-264 and transmitted to Congress for its review. support the implementation of the plan. as added Apr.Page 32 D. (4) Within 180 days of April 4. and the Council pursuant to paragraph (4) of this subsection.C. 4. 2006: (A) Develop a strategic plan to use the revenue raised to fund the construction and renovation of library facilities and submit it to the Board of Library Trustees for approval and to the Mayor and Council for informational purposes. Legislation & Regulations Libraries & Archives . the "Library Enhancement. LexisNexis 50 State Surveys. and Jan. 2006. respectively. HISTORY: Act of June 3. 2006. 4. 6. including posting information on the DCPL Internet site.C. 244. LEGISLATIVE HISTORY OF LAW 16-78. NOTES: SECTION REFERENCES. Law 16-78 added this section. EFFECT OF AMENDMENTS. 26. 2006. Code § 39-111 including: (A) Developing mixed-use projects that incorporate library facilities with revenue-producing ventures.16-49. D. Signed by the Mayor on Jan. 1896. 29 Stat. 53 DCR 802. Assessment. § 11. 4. 2005. it was assigned Act No. and Development Amendment Act of 2006. (B) Selling or leasing air rights above library buildings. 2006. Law 16-78.C.C. § 2. and (B) Develop and submit to the Mayor and Council specific recommendations on actions the Mayor and Council may take to implement the strategic plan. --D. the Mayor. (b) The Task Force shall provide opportunity for public input into the development of the strategic plan after providing notice of the opportunity to the public." was introduced in Council and assigned Bill No.

LIBRARIES CHAPTER 1.C. such as the: (1) Purchase of a library site and improvement.C. EDUCATION. (2) The sale or lease of air rights above library facilities. (4) Any project developed pursuant to this subchapter.. nonlapsing trust fund designated as the Library Development Trust Fund ("Trust Fund") into which shall be deposited any revenue generated from: (1) The development of mixed-use projects involving library facilities. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. and (6) Any return on investment of the assets of the Trust Fund. Code § 39-112 (2011) § 39-112. Establishment of the Library Development Trust Fund (a) There is established within the General Fund of the District of Columbia a segregated.Page 33 18 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. 2010 AND THROUGH D. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. a member of the LexisNexis Group. Inc. (5) Any grants. *** CURRENT THROUGH DECEMBER 28. PUBLIC LIBRARIES SUBCHAPTER I. . (3) The sale or lease of library facilities or of real property used by or under the control of the DCPL. All rights reserved. AND PUBLIC INSTITUTIONS TITLE 39. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. (b) Monies deposited into the Trust Fund shall be used to solicit proposals for public-private partnerships and to finance public-private partnerships pursuant to this subchapter. gifts. LIBRARIES. 2010 *** DIVISION VI. or subsidies from public or private sources meant to assist in effecting the purpose of this subchapter.

29 Stat. the Mayor shall submit to the Council.C. 53 DCR 802. (5) Renovation of a library facility. and legal costs. 2006. Law 16-78 added this section. (4) Repair of a library facility. D. 244.Page 34 D. 4. Legislation & Regulations Libraries & Archives . including architectural. demolition. consulting. LexisNexis 50 State Surveys. --See note to § 39-109. subject to authorization by Congress. (c) Pursuant to § 39-106. 1896.C. as part of the annual budget. --D. engineering. including a description of the specific approved plan or project for which the funds will be used. LEGISLATIVE HISTORY OF LAW 16-78. as added Apr. but shall be continually available for the uses and purposes set forth in this section. a requested appropriation for expenditures from the Trust Fund. § 2. Code § 39-112 (2) Construction of a library facility.C. NOTES: EFFECT OF AMENDMENTS. HISTORY: Act of June 3. § 12. (3) Complete or partial furnishing of a library facility. Law 16-78. (d) Funds deposited in the Trust Fund shall not revert to the fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time. and (6) Costs or expenses associated with an approved plan or project.

29 Stat. Law 16-78 added this section. § 13. LIBRARIES CHAPTER 1. LIBRARIES. The Mayor shall issue one or more solicitations for competitive sealed bids or competitive sealed proposals for vendors who shall complete the project or projects for a guaranteed price by assembling the necessary team of designers. D.Page 35 19 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. Law 16-78. NOTES: EFFECT OF AMENDMENTS. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. 1896. --D. Inc. 53 DCR 802.C. AND PUBLIC INSTITUTIONS TITLE 39. --See note to § 39-109. architects. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. to insure that design and time requirements shall be met for the guaranteed price. HISTORY: Act of June 3. All rights reserved. Legislation & Regulations Libraries & Archives .. 4. or obtaining other insurance.C.C. and shall include a statement of work or specifications approved by the Board of Library Trustees. GENERAL GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. Code § 39-113 (2011) § 39-113.C. LexisNexis 50 State Surveys. 2010 *** DIVISION VI. The Mayor shall consult closely with the Board of Library Trustees in preparing the solicitation or solicitations. and other vendors. LEGISLATIVE HISTORY OF LAW 16-78. *** CURRENT THROUGH DECEMBER 28. 2010 AND THROUGH D. PUBLIC LIBRARIES SUBCHAPTER I. developers. a member of the LexisNexis Group. the Mayor shall initiate a competitive process for the performance of the work described in the plan. § 2. and posting a performance bond. Competitive process for performance of work Within 60 days of approval of a strategic plan by the Board of Library Trustees pursuant to § 39-111. as added Apr. 244. 2006. EDUCATION.

D. 943. NOTES: LEGISLATIVE HISTORY OF LAW 6-17.Page 36 20 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. § 3. 2010 *** DIVISION VI. 150. AND PUBLIC INSTITUTIONS TITLE 39. LexisNexis 50 State Surveys. --See note to § 39-104. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. Takoma Park branch -.C.. § 37-107. a member of the LexisNexis Group. 4. § 1. Inc.. LIBRARIES CHAPTER 1. PUBLIC LIBRARIES SUBCHAPTER II. LIBRARIES. All rights reserved. 1973 Ed. 37 Stat. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I.Hours [Formerly § 37-107] Repealed. ch. 1981 Ed. 2010 AND THROUGH D. 32 DCR 3582. Legislation & Regulations Libraries & Archives . § 37-107.C. 1913. HISTORY: Mar. *** CURRENT THROUGH DECEMBER 28. Code § 39-121 (2011) § 39-121. EDUCATION.C.. Law 6-17. 5. Sept. MISCELLANEOUS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. 1985.

C. 290. § 37-108. HISTORY: Apr. LexisNexis 50 State Surveys. a member of the LexisNexis Group.Page 37 21 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company.C. AND PUBLIC INSTITUTIONS TITLE 39. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. NOTES: LEGISLATIVE HISTORY OF LAW 6-17. *** CURRENT THROUGH DECEMBER 28. All rights reserved. Law 6-17. --See note to § 39-104. 1981 Ed.. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. 36 Stat. D. 1973 Ed.. 2010 AND THROUGH D. 4. ch. 5. 32 DCR 3582. 1985.Appropriation [Formerly § 37-108] Repealed. § 4. Legislation & Regulations Libraries & Archives . 1910. § 37-108. 141. MISCELLANEOUS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. PUBLIC LIBRARIES SUBCHAPTER II.. Inc. LIBRARIES. EDUCATION. Same -. 2010 *** DIVISION VI. Sept. LIBRARIES CHAPTER 1.C. Code § 39-122 (2011) § 39-122.

2010 AND THROUGH D. 1981 Ed. LexisNexis 50 State Surveys. § 101 et seq.. 706. 1949.C. see 2 U.C. 1973 Ed. 31.S. Title III of such Act was codified as 41 U. All rights reserved. § 37-109.C. 755. § 251 et seq. is the Act of June 30. 1903.Page 38 22 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company.S. as amended. EDITOR'S NOTES. 25. ch. § 1. § 471 et seq. 107-217. and not deemed an advisable addition to the Library of Congress. PUBLIC LIBRARIES SUBCHAPTER II. Code § 39-123 (2011) § 39-123. For similar provisions. § 37-109. LIBRARIES CHAPTER 1. AND PUBLIC INSTITUTIONS TITLE 39. Inc.S.C. § 6(b) in 2002. see now 40 U.S. LIBRARIES. shall. subject to applicable regulations under the Federal Property and Administrative Services Act of 1949. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I. Transfer of miscellaneous books to District public library [Formerly § 37-109] Any books of a miscellaneous character no longer required for the use of any executive department. 32 Stat. 865. --As to authorization for Librarian of Congress to transfer books to District public library. --The Federal Property and Administrative Services Act of 1949. § 2(1).C. EDUCATION. 377. 1951. NOTES: CROSS REFERENCES. ch. MISCELLANEOUS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D.S.L. *** CURRENT THROUGH DECEMBER 28.. or commission of the government. if appropriate to the uses of the free public library of the District of Columbia. be turned over to that library for general use as a part thereof.S. Legislation & Regulations Libraries & Archives . HISTORY: Feb. as amended. 63 Stat. 654. referred to in this section. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. The remainder of such Act was codified generally as 40 U. as amended..S. ch. 288. or bureau. 65 Stat. a member of the LexisNexis Group.C. 2010 *** DIVISION VI. Oct.S. § 149. prior to repeal by P.

PUBLIC LIBRARIES SUBCHAPTER II. MISCELLANEOUS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. LIBRARIES. AND PUBLIC INSTITUTIONS TITLE 39. Inc. § 37-110. 1973 Ed. Code § 39-124 (2011) § 39-124.C. and the Superintendent of Documents shall supply to such library 1 copy of each such publication. 1981 Ed.. 2010 AND THROUGH D. All rights reserved. Legislation & Regulations Libraries & Archives . § 37-111. 1943.. 243.Page 39 23 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. in the same form as supplied to other designated depositories. Depository of Government publications [Formerly § 37-110] The Public Library of the District of Columbia is hereby constituted a designated depository of governmental publications. *** CURRENT THROUGH DECEMBER 28. NOTES: LexisNexis 50 State Surveys. LIBRARIES CHAPTER 1. ch. HISTORY: Sept. 2010 *** DIVISION VI. EDUCATION.C. 28. 568. a member of the LexisNexis Group. ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. 57 Stat. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I..

Law 18-111.C. §§ 1181 and 1182.(Act 18-568) added D. 2010 (D. All rights reserved. and any other financial transactions in order to provide computer skills training. Law 18-223. The District of Columbia Public Library is authorized to issue grants and execute contracts pursuant to its authority granted in the Reserve for African-American Civil War Records Act of 2009.C. *** CURRENT THROUGH DECEMBER 28. effective March 3.C. AND PUBLIC INSTITUTIONS TITLE 39. Law 18-265 provided that the act shall expire after 225 days of its having taken effect.C. 3. 57 DCR 181." . to read as follows: "District of Columbia Public Library authorization. MISCELLANEOUS GO TO DISTRICT OF COLUMBIA CODE ARCHIVE DIRECTORY D. "The District of Columbia Public Library is authorized to make expenditures.C. 57 DCR 181). ACT 18-676 *** *** ANNOTATIONS CURRENT THROUGH NOVEMBER 18. LIBRARIES AND CULTURAL INSTITUTIONS SUBTITLE I.Page 40 24 of 24 DOCUMENTS LEXIS DISTRICT OF COLUMBIA CODE ANNOTATED Copyright 2011 by Matthew Bender & Company. see Editor's note] All capital funds for the District of Columbia Public Library shall be separated by individual library project with available balances for each project and funding priority shall be given to wards where no renovation project exceeding $ 2. D. 1181.C. authorizing the District of Columbia Public Library to issue grants and execute contracts to read as follows: "Sec. NOTES: TEMPORARY LEGISLATION. Section 3(b) of D. Law 18.C. Short title. District of Columbia Public Library capital funds [Interim codification. § 1291. 2010. 1182.' "Sec. encumbrances. and any other financial transactions. PUBLIC LIBRARIES SUBCHAPTER II. 2010 AND THROUGH D. pursuant to grant award number 11-41-B10518 from the United States Department of Commerce.C.. a member of the LexisNexis Group. 2010 *** DIVISION VI. Law 18-111. LIBRARIES CHAPTER 1. Inc." Section 4(b) of D. EDUCATION. "This subtitle may be cited as the 'African-American Civil War Museum Clarification Act of 2010. in order to provide computer skills training.5 million in value has been undertaken since fiscal year 2006. LIBRARIES. Code § 39-125 (2011) § 39-125. Law 18-265 added a provision authorizing the District of Columbia Public Library to make expenditures. encumbrances. --Section 2 of D. HISTORY: Mar.

C. 2010. §§ 1181 and 1182. 2010. applicable as of October 1.C. applicable as of October 1. it may be placed elsewhere in the D. 2011. The Bill was adopted on first and second readings on July 13.(Act 18-568). Act 18-531. applicable as of December 31. 2010. Act 18-543. see § 2 of the DCPL Federal Grant Authorization Emergency Act of 2010 (D. Law 18-223. 2010. Act 18-260." was introduced in Council and assigned Bill No. Law 18-265 became effective on Dec. and any other financial transactions in order to provide computer skills training. 57 DCR 9630). 18-998. 21. 18-959. If the act section is codified by the Codification Counsel. 18-568 and transmitted to Congress for its review. 56 DCR 8228) repealed D. Code § 39-125 Section 6(b) of D. 2009. Law 18(Act 18-568) became effective on . it was assigned Act No. respectively. see § 1702 of the Fiscal Year 2010 Balanced Budget Support Congressional Review Emergency Act of 2010 (D. LEGISLATIVE HISTORY OF LAW 18.(Act 18-568). EDITOR'S NOTES. see § 1291 of the Fiscal Year 2010 Budget Support Congressional Review Emergency Act of 2009 (D. --See note to § 39-105.C. 56 DCR 8228). the "DCPL Federal Grant Authorization Temporary Act of 2010. Act 18-207. Section 10001 of the Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.Page 41 D.C. Act 18-187. 2009. 2010. 2009.C. 18-549 and transmitted to Congress for its review. --Section 1291 of D. October 15. 2009. For temporary addition of provision authorizing the District of Columbia Public Library to make expenditures. and Oct. see § 3(b) of the Budget Support Act Clarification and Technical Amendment Emergency Amendment Act of 2010 (D.C. For temporary addition of D. --Law 18-265. 2010. EMERGENCY LEGISLATION. Signed by the Mayor on Oct. January 4. Act 18-187. see § 1051 of the Fiscal Year 2010 Budget Support Emergency Act of 2009 (D.(Act 18-568) provided that the act shall expire after 225 days of its having taken effect.C. LEGISLATIVE HISTORY OF LAW 18-111. and expires on . Code. 5. and expires on . respectively. see § 1291 of the Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D. For temporary addition of section authorizing the District of Columbia Public Library to issue grants and execute contracts. --For temporary addition of section.C. October 15. D. D.C." was introduced in Council and assigned Bill No. the "Budget Support Act Clarification and Technical Amendment Temporary Amendment Act of 2010.C. 20. Law 18. 2010. 57 DCR 8109). authorizing the District of Columbia Public Library to issue grants and execute contracts. For temporary addition of section. 2009. 2010. 57 DCR 339). August 26. 21. Act 18-513. LEGISLATIVE HISTORY OF LAW 18-265. and Sept. 2010. 57 DCR 7965). . 3. Law 18-111 was codified as this section by LexisNexis. 2011. encumbrances. 2010. 2010. --Law 18. The Bill was adopted on first and second readings on Sept. Act 18-207.C.C. July 30. August 6. 2010.C. Signed by the Mayor on Oct. 5. effective until October 1.C. 2009. it was assigned Act No. October 5. 56 DCR 7374). For temporary addition of section. 2011.C.

145F3N ********** Print Completed ********** Time of Request: Tuesday. OH 45342 . CHRIS ASPIRE PROGRAM FOR LAW SCHOOLS 9443 SPRINGBORO PIKE MIAMISBURG. 2011 Print Number: 2842:275821544 Number of Lines: 1234 Number of Pages: 41 16:24:03 EST Send To: OTTEN. March 22.

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