Home/DC Code/§ 38-1606
§ 38-1606Title 38

Appropriation.

Repealed. D.C. Law 10-253, title XII, § 1202 ( 42 DCR 721), eff. March 23, 1995, provided for the temporary repeal of this chapter. Title XIII, § 1301(b) of D.C. Law 10-253 provided for expiration “on the 225th day of its having taken effect or upon the effective date of the Multiyear Budget Spending Reduction and Support Act of 1995, whichever occurs first.” D.C. Law 10-224, § 3 ( 41 DCR 8055), eff. March 16, 1995, provided for the temporary repeal of this chapter. Section 4(b) of D.C. Law 10-224 provided for expiration “on the 225th day of its having taken effect or upon the effective date of the Budget Spending Reduction Amendment Act of 1994, whichever occurs first.”

Annotations

Mar. 3, 1979, D.C. Law 2-143, § 7, 25 DCR 6114
Mar. 21, 1995, D.C. Law 10-234, § 3, 42 DCR 28
For temporary (90 day) addition of Postsecondary Education Assistance Trust Fund tax check-off provisions, see §§ 801 to 810 of Child and Youth, Safety and Health Omnibus Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-71, April 16, 2003, 50 DCR 3593).
For temporary (90 day) addition of Postsecondary Education Assistance Trust Fund provisions, see §§ 801 to 810 of Child and Youth, Safety and Health Omnibus Emergency Amendment Act of 2003 (D.C. Act 15-3, January 22, 2003, 50 DCR 1426).
Section 1101(b) of D.C. Law 15-117 provided that the act shall expire after 225 days of its having taken effect.
“Except as otherwise provided in a contract or legacy transferring or loaning property to the Trust Fund, upon dissolution of the Trust Fund, all remaining assets shall be transferred to the Mayor. The Mayor shall make every effort to use the assets to provide postsecondary education assistance to needy families.”
“Sec. 810. Dissolution.
“The provisions of this title shall apply to any tax year beginning after December 31, 2001.
“Sec. 809. Applicability.
“(2) The reimbursement of costs incurred by the Mayor in the collection, processing, accounting, or disbursement of the funds generated by the tax check-off.
“(1) The transfer of funds to the Trust Fund; and
“(b) The rules shall include standards for:
“(a) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this title.
“Sec. 808. Rules.
“(c) The Board of Directors shall publish a list of grant awards in an annual report. The Board of Directors shall request the assistance of the media in publicizing to the general public the grant awards.
“(b) The Board of Directors shall encourage and is authorized to accept in-kind contributions from public or private agencies.
“(a) The Board of Directors may develop rules of organization and procedure pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).
“Sec. 807. Rules of procedure; contributions.
“(k) The Board of Directors shall advise the Mayor and the Council on the actions needed to insure effective funding for postsecondary education for needy families.
“(j) The Board of Directors shall encourage collaborative efforts and foster a public-private partnership in the development of postsecondary education programs.
“(i) The Board of Directors may recommend other means to generate funds to assist needy families with postsecondary education opportunities.
“(h) The Board of Directors shall take any necessary steps to encourage the federal government to match the funds generated through the tax check-off.
“(g) The Board of Directors shall publicize the availability of a tax check-off for students who need postsecondary education assistance. The Mayor shall assist the Board of Directors in educating the public regarding the tax check-off and taxpayer participation in the tax check-off.
“(f) The Board of Directors shall submit an annual financial report to the Mayor and the Council no later than March 1st of each year.
“(e) By September 30th of each year, the Board of Directors shall publish an estimated projection of funds generated by the tax check-off based on the income tax returns filed by April 15th of each year.
“(d) The Board of Directors shall publish guidelines pursuant to which students who are residents of the District of Columbia may apply for funds to pursue secondary educational opportunities.
“(c) The Board of Directors shall distribute funds that are generated by the tax check-off system established in D.C. Official Code § 47-1812.11c on a regular schedule, as determined by the Board.
“(b) One year after its original formation, the Board of Directors shall develop a District-wide plan for the distribution of funds from the Trust Fund. The Board of Directors shall develop subsequent plans before September 30th of each year. The purpose of the annual plan is to assure that the funds are awarded to needy District residents.
“(a) Administrative expenses shall not exceed 10% of the funds available in the Trust Fund.
“Sec. 806. Administration of Trust Fund.
“(11) Invite comments and recommendations at least annually from interested postsecondary educational coalitions and community organizations on the Trust Fund’s program plans.
“(10) Hire and monitor an executive director for the Trust Fund; and
“(9) Provide information to the public about the purpose and work of the Trust Fund;
“(8) Review, approve, and monitor the expenditures of the Trust Fund and postsecondary education programs;
“(7) Develop and implement proposal solicitations and establish criteria for the awarding of grants to assist the postsecondary educational needs of District residents;
“(6) Develop and implement program recommendations to assist residents with the cost of postsecondary education;
“(5) Assess the needs of postsecondary educational programs in the District;
“(4) Meet not less than quarterly, at a time to be determined;
“(3) Have the power to adopt, amend, or repeal bylaws for operation of the Trust Fund;
“(2) File such papers as may be required by the Recorder of Deeds of the District of Columbia;
“(1) Administer the Trust Fund;
“The Board of Directors shall:
“Sec. 805. Powers and responsibilities of the Board of Directors.
“(i) A member may be removed by a 2/3 vote of the remaining members.
“(h) The Board of Directors shall elect a chairperson from among its members. The Board of Directors may elect other officers and form committees as it considers appropriate.
“(g) Members shall be compensated only for out-of-pocket expenses incurred in the performance of their responsibilities as members of the Board of Directors.
“(f) The Board of Directors shall appoint nongovernmental replacement members so that subsequent Board of Directors meet the representational requirements of subsection (a) of this section and the bylaws adopted by the Board of Directors. A succeeding member shall serve the balance of the term of the member that he or she succeeds if the term has not expired. A succeeding member who succeeds a member whose term has expired shall serve a term of 3 years. No member shall serve more than 2 consecutive terms, whether partial or full.
“(e) If one of the 8 initial nongovernmental members is unable to serve or is removed, the remaining members shall select a replacement member according to the representational requirements of subsection (a) of this section.
“(d) The 8 initial nongovernmental members shall be appointed by the Mayor.
“(c) The 8 initial nongovernmental members shall serve the following terms: 2 members shall serve 3 years; 3 members shall serve 2 years; and 3 members shall serve one year.
“(b) The D.C. Treasurer, the Director of the Department of Human Services, and the Director of the Office of Postsecondary Education, Research and Assistance shall serve terms as members of the Board of Directors for the same duration as the terms of their respective offices.
“(a) A self-perpetuating Board of Directors is established to manage the affairs of the Trust Fund. The Board of Directors shall consist of 11 members. The D.C. Treasurer, the Director of the Department of Human Services, and the Director of the Office of Postsecondary Education, Research and Assistance shall serve as ex-officio members of the Board of Directors. The remaining 8 members shall include parents of individuals who qualify to receive trust funds and representatives of organizations who have demonstrated a knowledge of postsecondary education and who reflect a diversity of gender and ethnicity.
“Sec. 804. Establishment of Board of Directors.
“(b) The Trust Fund shall be used to assist needy residents of the District of Columbia in pursuing postsecondary education opportunities.
“(a) There is established a Postsecondary Education Assistance Trust Fund into which shall be deposited the funds generated by the tax check-off established by D.C. Code § 47-1812.11c and any other funds generated by the Trust Fund’s Board of Directors.
“Sec. 803. Establishment of the Postsecondary Education Assistance Trust Fund.
“(4) ‘Trust Fund’ means the Postsecondary Education Assistance Trust Fund established in section 803.
“(3) ‘Tax check-off’ means the postsecondary education assistance tax check-off system established in D.C. Official Code § 47-1812.11c.
“(2) ‘Needy Families’ means any family that qualifies for federal assistance as defined by the guidelines in the Federal Application for Student Financial Aid.
“(1) ‘District’ means the District of Columbia.
“For the purposes of this title, the term:
“Sec. 802. Definitions.
“This title may be cited as the ‘Postsecondary Education Assistance Trust Fund Tax Check-Off Temporary Act of 2004’.
“Sec. 801. Short title.
Sections 801 to 810 of D.C. Law 15-117 read as follows:
Section 1101 (b) of D.C. Law 15-2 provided that the act shall expire after 225 days of its having taken effect.
“Except as otherwise provided in a contract or legacy transferring or loaning property to the Trust Fund, upon dissolution of the Trust Fund, all remaining assets shall be transferred to the Mayor. The Mayor shall make every effort to use the assets to provide postsecondary education assistance to needy families.”
“Sec. 810. Dissolution.
“The provisions of this title shall apply to any tax year beginning after December 31, 2001.
“Sec. 809. Applicability.
“(2) The reimbursement of costs incurred by the Mayor in the collection, processing, accounting, or disbursement of the funds generated by the tax check-off.
“(1) The transfer of funds to the Trust Fund; and
“(b) The rules shall include standards for:
“(a) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this title.
“Sec. 808. Rules.
“(c) The Board of Directors shall publish a list of grant awards in an annual report. The Board of Directors shall request the assistance of the media in publicizing to the general public the grant awards.
“(b) The Board of Directors shall encourage and is authorized to accept in-kind contributions from public or private agencies.
“(a) The Board of Directors may develop rules of organization and procedure pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).
“Sec. 807. Rules of procedure; contributions.
“(k) The Board of Directors shall advise the Mayor and the Council on the actions needed to insure effective funding for postsecondary education for needy families.
“(j) The Board of Directors shall encourage collaborative efforts and foster a public-private partnership in the development of postsecondary education programs.
“(i) The Board of Directors may recommend other means to generate funds to assist needy families with postsecondary education opportunities.
“(h) The Board of Directors shall take any necessary steps to encourage the federal government to match the funds generated through the tax check-off.
“(g) The Board of Directors shall publicize the availability of a tax check-off for students who need postsecondary education assistance. The Mayor shall assist the Board of Directors in educating the public regarding the tax check-off and taxpayer participation in the tax check-off.
“(f) The Board of Directors shall submit an annual financial report to the Mayor and the Council no later than March 1st of each year.
“(e) By September 30th of each year, the Board of Directors shall publish an estimated projection of funds generated by the tax check-off based on the income tax returns filed by April 15th of each year.
“(d) The Board of Directors shall publish guidelines pursuant to which students who are residents of the District of Columbia may apply for funds to pursue secondary educational opportunities.
“(c) The Board of Directors shall distribute funds that are generated by the tax check-off system established in D.C. Official Code § 47-1812.11c on a regular schedule, as determined by the Board.
“(b) One year after its original formation, the Board of Directors shall develop a District-wide plan for the distribution of funds from the Trust Fund. The Board of Directors shall develop subsequent plans before September 30th of each year. The purpose of the annual plan is to assure that the funds are awarded to needy District residents.
“(a) Administrative expenses shall not exceed 10% of the funds available in the Trust Fund.
“Sec. 806. Administration of Trust Fund.
“(11) Invite comments and recommendations at least annually from interested postsecondary educational coalitions and community organizations on the Trust Fund’s program plans.
“(10) Hire and monitor an executive director for the Trust Fund; and
“(9) Provide information to the public about the purpose and work of the Trust Fund;
“(8) Review, approve, and monitor the expenditures of the Trust Fund and postsecondary education programs;
“(7) Develop and implement proposal solicitations and establish criteria for the awarding of grants to assist the postsecondary educational needs of District residents;
“(6) Develop and implement program recommendations to assist residents with the cost of postsecondary education;
“(5) Assess the needs of postsecondary educational programs in the District;
“(4) Meet not less than quarterly, at a time to be determined;
“(3) Have the power to adopt, amend, or repeal bylaws for operation of the Trust Fund;
“(2) File such papers as may be required by the Recorder of Deeds of the District of Columbia;
“(1) Administer the Trust Fund;
“The Board of Directors shall:
“Sec. 805. Powers and responsibilities of the Board of Directors.
“(i) A member may be removed by a 2/3 vote of the remaining members.
“(h) The Board of Directors shall elect a chairperson from among its members. The Board of Directors may elect other officers and form committees as it considers appropriate.
“(g) Members shall be compensated only for out-of-pocket expenses incurred in the performance of their responsibilities as members of the Board of Directors.
“(f) The Board of Directors shall appoint nongovernmental replacement members so that subsequent Board of Directors meet the representational requirements of subsection (a) of this section and the bylaws adopted by the Board of Directors. A succeeding member shall serve the balance of the term of the member that he or she succeeds if the term has not expired. A succeeding member who succeeds a member whose term has expired shall serve a term of 3 years. No member shall serve more than 2 consecutive terms, whether partial or full.
“(e) If one of the 8 initial nongovernmental members is unable to serve or is removed, the remaining members shall select a replacement member according to the representational requirements of subsection (a) of this section.
“(d) The 8 initial nongovernmental members shall be appointed by the Mayor.
“(c) The 8 initial nongovernmental members shall serve the following terms: 2 members shall serve 3 years; 3 members shall serve 2 years; and 3 members shall serve one year.
“(b) The D.C. Treasurer, the Director of the Department of Human Services, and the Director of the Office of Postsecondary Education, Research and Assistance shall serve terms as members of the Board of Directors for the same duration as the terms of their respective offices.
“(a) A self-perpetuating Board of Directors is established to manage the affairs of the Trust Fund. The Board of Directors shall consist of 11 members. The D.C. Treasurer, the Director of the Department of Human Services, and the Director of the Office of Postsecondary Education, Research and Assistance shall serve as ex-officio members of the Board of Directors. The remaining 8 members shall include parents of individuals who qualify to receive trust funds and representatives of organizations who have demonstrated a knowledge of postsecondary education and who reflect a diversity of gender and ethnicity.
“Sec. 804. Establishment of Board of Directors.
“(b) The Trust Fund shall be used to assist needy residents of the District of Columbia in pursuing postsecondary education opportunities.
“(a) There is established a Postsecondary Education Assistance Trust Fund into which shall be deposited the funds generated by the tax check-off established by D.C. Code § 47-1812.11c and any other funds generated by the Trust Fund’s Board of Directors.
“Sec. 803. Establishment of the Postsecondary Education Assistance Trust Fund.
“(4) ‘Trust Fund’ means the Postsecondary Education Assistance Trust Fund established in section 803.
“(3) ‘Tax check-off’ means the postsecondary education assistance tax check-off system established in D.C. Official Code § 47-1812.11c.
“(2) ‘Needy Families’ means any family that qualifies for federal assistance as defined by the guidelines in the Federal Application for Student Financial Aid.
“(1) ’District” means the District of Columbia.
“For the purposes of this title, the term:
“Sec. 802. Definitions.
“This title may be cited as the ‘Postsecondary Education Assistance Trust Fund Tax Check-Off Temporary Act of 2003’.
“Sec. 801. Short title.
Sections 801 to 810 of D.C. Law 15-2 read as follows:
Section 1101(b) of D.C. Law 14-164 provided that the act shall expire after 225 days of its having taken effect.
“Except as otherwise provided in a contract or legacy transferring or loaning property to the Trust Fund, upon dissolution of the Trust Fund, all remaining assets shall be transferred to the Mayor. The Mayor shall make every effort to use the assets to provide postsecondary education assistance to needy families.”
“Sec. 810. Dissolution.
“The provisions of this title shall apply to any tax year beginning after December 31, 2001.
“Sec. 809. Applicability.
“(2) The reimbursement of costs incurred by the Mayor in the collection, processing, accounting, or disbursement of the funds generated by the tax check-off.
“(1) The transfer of funds to the Trust Fund; and
“(b) The rules shall include standards for:
“(a) The Mayor, pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.), shall issue rules to implement the provisions of this title.
“Sec. 808. Rules.
“(c) The Board of Directors shall publish a list of grant awards in an annual report. The Board of Directors shall request the assistance of the media in publicizing to the general public the grant awards.
“(b) The Board of Directors shall encourage and is authorized to accept in-kind contributions from public or private agencies.
“(a) The Board of Directors may develop rules of organization and procedure pursuant to Title I of the District of Columbia Administrative Procedure Act, approved October 21, 1968 (82 Stat. 1204; D.C. Official Code § 2-501 et seq.).
“Sec. 807. Rules of procedure; contributions.
“(k) The Board of Directors shall advise the Mayor and the Council on the actions needed to insure effective funding for postsecondary education for needy families.
“(j) The Board of Directors shall encourage collaborative efforts and foster a public-private partnership in the development of postsecondary education programs.
“(i) The Board of Directors may recommend other means to generate funds to assist needy families with postsecondary education opportunities.
“(h) The Board of Directors shall take any necessary steps to encourage the federal government to match the funds generated through the tax check-off.
“(g) The Board of Directors shall publicize the availability of a tax check-off for students who need postsecondary education assistance. The Mayor shall assist the Board of Directors in educating the public regarding the tax check-off and taxpayer participation in the tax check-off.
“(f) The Board of Directors shall submit an annual financial report to the Mayor and the Council no later than March 1st of each year.
“(e) By September 30th of each year, the Board of Directors shall publish an estimated projection of funds generated by the tax check-off based on the income tax returns filed by April 15th of each year.
“(d) The Board of Directors shall publish guidelines pursuant to which students who are residents of the District of Columbia may apply for funds to pursue secondary educational opportunities.
“(c) The Board of Directors shall distribute funds that are generated by the tax check-off system established in D.C. Official Code § 47-1812.11c on a regular schedule, as determined by the Board.
“(b) One year after its original formation, the Board of Directors shall develop a District-wide plan for the distribution of funds from the Trust Fund. The Board of Directors shall develop subsequent plans before September 30th of each year. The purpose of the annual plan is to assure that the funds are awarded to needy District residents.
“(a) Administrative expenses shall not exceed 10% of the funds available in the Trust Fund.
“Sec. 806. Administration of Trust Fund.
“(11) Invite comments and recommendations at least annually from interested postsecondary educational coalitions and community organizations on the Trust Fund’s program plans.
“(10) Hire and monitor an executive director for the Trust Fund; and
“(9) Provide information to the public about the purpose and work of the Trust Fund;
“(8) Review, approve, and monitor the expenditures of the Trust Fund and postsecondary education programs;
“(7) Develop and implement proposal solicitations and establish criteria for the awarding of grants to assist the postsecondary educational needs of District residents;
“(6) Develop and implement program recommendations to assist residents with the cost of postsecondary education;
“(5) Assess the needs of postsecondary educational programs in the District;
“(4) Meet not less than quarterly, at a time to be determined;
“(3) Have the power to adopt, amend, or repeal bylaws for operation of the Trust Fund;
“(2) File such papers as may be required by the Recorder of Deeds of the District of Columbia;
“(1) Administer the Trust Fund;
“The Board of Directors shall:
“Sec. 805. Powers and responsibilities of the Board of Directors.
“(i) A member may be removed by a 2/3 vote of the remaining members.
“(h) The Board of Directors shall elect a chairperson from among its members. The Board of Directors may elect other officers and form committees as it considers appropriate.
“(g) Members shall be compensated only for out-of-pocket expenses incurred in the performance of their responsibilities as members of the Board of Directors.
“(f) The Board of Directors shall appoint nongovernmental replacement members so that subsequent Board of Directors meet the representational requirements of subsection (a) of this section and the bylaws adopted by the Board of Directors. A succeeding member shall serve the balance of the term of the member that he or she succeeds if the term has not expired. A succeeding member who succeeds a member whose term has expired shall serve a term of 3 years. No member shall serve more than 2 consecutive terms, whether partial or full.
“(e) If one of the 8 initial nongovernmental members is unable to serve or is removed, the remaining members shall select a replacement member according to the representational requirements of subsection (a) of this section.
“(d) The 8 initial nongovernmental members shall be appointed by the Mayor.
“(c) The 8 initial nongovernmental members shall serve the following terms: 2 members shall serve 3 years; 3 members shall serve 2 years; and 3 members shall serve one year.
“(b) The D.C. Treasurer, the Director of the Department of Human Services, and the Director of the Office of Postsecondary Education, Research and Assistance shall serve terms as members of the Board of Directors for the same duration as the terms of their respective offices.
“(a) A self-perpetuating Board of Directors is established to manage the affairs of the Trust Fund. The Board of Directors shall consist of 11 members. The D.C. Treasurer, the Director of the Department of Human Services, and the Director of the Office of Postsecondary Education, Research and Assistance shall serve as ex-officio members of the Board of Directors. The remaining 8 members shall include parents of individuals who qualify to receive trust funds and representatives of organizations who have demonstrated a knowledge of postsecondary education and who reflect a diversity of gender and ethnicity.
“Sec. 804. Establishment of Board of Directors.
“(b) The Trust Fund shall be used to assist needy residents of the District of Columbia in pursuing postsecondary education opportunities.
“(a) There is established a Postsecondary Education Assistance Trust Fund into which shall be deposited the funds generated by the tax check-off established by D.C. Code § 47-1812.11c and any other funds generated by the Trust Fund’s Board of Directors.
“Sec. 803. Establishment of the Postsecondary Education Assistance Trust Fund.
“(4) ‘Trust Fund’ means the Postsecondary Education Assistance Trust Fund established in section 803.
“(3) ‘Tax check-off’ means the postsecondary education assistance tax check-off system established in D.C. Official Code § 47-1812.11c.
“(2) ‘Needy Families’ means any family that qualifies for federal assistance as defined by the guidelines in the Federal Application for Student Financial Aid.
“(1) ‘District’ means the District of Columbia.
“For the purposes of this title, the term:
“Sec. 802. Definitions.
Sections 802 to 810 of D.C. Law 14-164 provided:
1973 Ed., § 31-2106.
1981 Ed., § 31-1906.
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