Code of the District of Columbia

§ 39–204. Powers.

*NOTE: This section has been amended by emergency legislation with identical permanent legislation that will become effective in December, 2021.*

The Commission shall:

(1) Take action concerning the needs of the residents of the District of Columbia for activities in the arts and humanities, and concerning the development and improvement of activities in the arts and humanities in the District of Columbia;

(2) Prepare an annual plan of artistic projects and productions in the District of Columbia meeting the requirements of §§ 5(c) and 5(g) of the National Foundation on the Arts and Humanities Act of 1965, and act as the designated state agency for the District of Columbia, as referred to in § 5(g)(2)(A) of the National Foundation on Arts and Humanities Act of 1965, as amended;

(3) Issue grants, to include single or multi-year grants, for projects and productions in the arts and humanities; provided, that such grants be awarded competitively to individuals and organizations based in and primarily serving the District;

(3A) Make grants to neighborhood or civic associations for the purpose of providing funds for parades, festivals, and any other celebrations sponsored by a neighborhood or civic association in accordance with § 1-325.211(c) and (d);

(4) Cooperate and be empowered to contract with governmental departments and agencies, private organizations, consultants, and residents of the District of Columbia to develop and undertake programs which will encourage maximum participation in activities in the arts and humanities and promote greater appreciation and enjoyment of the arts and humanities;

(5)(A) Accept donations, gifts by devise or bequest, grants, and any other type of asset from individuals, clubs, groups, corporations, partnerships, and other governmental entities;

(B) Manage any property or funds in accordance with the provisions or conditions of any donations, gifts, grants, or other transfers including the investment of the principal of such property and funds; and

(C) Deposit all funds raised pursuant to this subsection in the Neighborhood Parade and Festival Fund, established by § 1-325.211, if the donation, gift, or grant is designated to be used for a parade, festival, or any other celebration sponsored by a neighborhood or civic association.

(5A) Sell promotional items and prints of works of art owned by the Commission, at prices established by the Commission;

(5B) Loan works of art owned by the Commission to other entities, including museums, universities, and companies, either at no cost or at prices established by the Commission;

(6) Be empowered to appoint advisory panels in the various fields of the arts and humanities, as the Commission may deem necessary, the members of which may be compensated, pursuant to § 1-611.08(c-2)(6), from funds allocated pursuant to § 39-205(c-1)(1); except, that no District of Columbia government employee or Commissioner of the Commission may be compensated[];

(7) Adopt and modify bylaws and be empowered to adopt regulations as authorized by law;

(8)(A) Develop and annually update, after holding a public hearing, a public arts plan that establishes priorities for the selection and location of public art for the upcoming fiscal year; and

(B) Prepare an annual report at the end of each fiscal year on the implementation of that year’s public arts plan; and

(9) Encourage and assist freedom of artistic expression essential for the well-being of the arts, without censorship.