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July 17, 2020
The Honorable Phil Mendelson
Chairman
Councilofthe District of Columbia
1350 Pennsylvania Avenue, N.W., Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
By this correspondence, the DC Commission on the Arts and Humanities respectfully transmits,
for the Councils consideration and enactment, the Commission on the Arts and Humanities
CAH): (1) proposed emergency legislation entitled the Arts and Humanities Omnibus
Emergency Amendment Act of 2020; (2) proposed and related Resolution; (3) Temporary
and Permanent versionsofthe above-referenced CAH emergency bill; and (4) related Fiscal
Impact Statement and Legal Sufficiency Certification. The purposeofthis legislation is to revise
the Commission on the Arts and Humanities Act of 1975, as amended, in a manner that revises
someofthe formulas used to allocate CAHs grant awards.
On January 31, 2020, the federal Department of Health and Human Services (DHHS) declared
a public health emergency for the United States, for the purpose of aiding the nations health care
community in responding to the worldwide COVID-19 pandemic (Pandemic). In response to
the Pandemic, the World Health Organization and the United States Center for Disease Control
both declared COVID-19 to be a public health emergencyofinternational concern. In
response to the Pandemic and in accordance with the DHHS above-referenced public health
emergency declaration, the Mayorofthe District of Columbia issued, on March 11, 2020,
Mayor's Order 2020-045 and Mayors Order 2020-046 (both of which are captioned
Declaration of Public Health Emergency: Coronavirus (COVID-19)).
Our Commission has learned that many in our local arts and humanities communities are
struggling to survive during this ongoing worldwide Pandemic.If enacted, the proposed and
accompanying Arts and Humanities Omnibus Emergency Amendment Act of 2020 will
authorize the Commission to lawfully award certain grants to organizations, the proceeds of
which may be used by a grantee to pay, among other expenses, the respective grantees mortgage
and/or rent obligations that are directly related to their art-making and/or humanities work-
related space.
Accordingly, we respectfully urge the Council to act favorably and expeditiously on the above~
referenced legislation. Thank you for your time and consideration.
Sincerely,
On d 6ehalf ofthe DC Commission on the Arts and Humanities
 fhairman Phil Mendelson
at the Requestofthe Chairperson of
the Commission on the Arts and
Humanities
A PROPOSED RESOLUTION
IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
To declare the existence of an emergency with respect to the need to revise the formulas used to
allocate the Commission on the Arts and Humanities annual budget.
RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
resolution may be cited as the Arts and Humanities Emergency Declaration Resolution of
2020
25 Sec. 2. (a) On January 31, 2020, the federal Department of Health and Human Services
26 (DHHS) declared a public health emergency for the United States, for the purposeofaiding
7 the nations health care community in responding to the worldwide COVID-19 pandemic
28 (Pandemic). In response to the Pandemic, the World Health Organization and the United
29 States Center for Disease Control both declared COVID-19 to be a public health emergency of
30 international concer. On March 11, 2020, the World Health Organization declared COVID-19
31 to be a pandemic.
32 (b) In response to the Pandemic and in accordance with the DHHS above-referenced
33 public health emergency declaration, the Mayorof the District of Columbia issued, on March
34 11, 2020, Mayor's Order 2020-045 and Mayor's Order 2020-046 (both of which are captioned
35 Declaration of Public Health Emergency: Coronavirus (COVID-19)).
36 (c) On April 6, 2020, the Mayor of the District of Columbia issued Mayors Order 2020-
37 057. Mayor's Order 2020-057, which regards hiring and spending freezes implemented in
38 response to the Pandemic, referenced the Pandemic-related economic devastation that is being
39 experienced by the District of Columbia and its residents, including membersofthe District of
40 Columbias arts and humanities communities. As has been discussed in numerous news articles
a1 and government reports, District of Columbia-based artists, scholars, arts organizations and
42 humanities organizations continue to suffer devastating economic harm related to the Pandemic
43 (eg., job losses, the loss of live artistic performance opportunities, the loss of art studio space,
44 etc.). For far too many District residents, Pandemic-related harm has resulted in these residents
45 inability to pay, among other expenses, their mortgage or rent obligations. Included in this group
46 of adversely affected District residents and businesses are local artists, arts organizations,
47 scholars and humanities professionals.
48 (d) Although D.C. Official 39-204 and 39-205 authorize the DC Commission on the
49 Arts and Humanities (Commission) to award arts- and/or humanities-related grants, no existing
50 District of Columbia statute or regulation explicitly authorizes the Commission to make grant
si awards that can lawfully be used by recipients to pay arts- and/or humanities-related mortgage
82 and/or rent obligations. The Commissions award of grants that can be used as discussed herein
53 will, in accordance with the mandates of D.C. Official Code 39-204, advance the Districts
54 arts- and humanities-related interests by enabling as many local artists, arts organizations,
55 scholars and humanities organizations as possible to continue thrive in the District and
56 collaborate with the Commission to present new arts and humanities-related work to the District
57 and its residents.
58 () The Commissions proposed and accompanying Arts and Humanities Omnibus
59 Emergency Amendment Act of 2020 will,if enacted into law, authorize the Commission to
lawfully award grants, the proceeds of which may be used to pay, among other expenses, the
61 respective grantees arts- and/or humanities-related mortgage and/or rent obligations.
62 Specifically with regard to a grant recipients payment of rent and/or mortgage obligations, the
63 Commissions Arts and Humanities Omnibus Emergency Amendment Act, once enacted, shall
only authorize the Commissions grant recipients to use Commission grant awards to pay rent
6s and/or mortgage obligations that are directly related to the respective grantees art-making and/or
66 humanities work-related space (e.g., an artists home office, art studio space, ete).
67 Sec. 3. The Council of the District of Columbia determines that the circumstances
68 enumerated in section 2 constitute emergency circumstances making it necessary that the Arts
69 and Humanities Omnibus Emergency Amendment Act of 2020 be adopted after a single reading.
70 Sec. 4. This resolution shall take effect immediately.
 GOVERNMENT OF THE DISTRICT OF COLUMBIA
OFFICE OF THE ATTORNEY GENERAL
ATTORNEY GENERAL x Ok
KARLA. RACINE
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Legal Counsel Di
PRIVILEGED AND CONFIDENTIAL
ATTORNEY-CLIENT COMMUNICATION
MEMORANDUM
TO: J. Carl Wilson
General Counsel
Commission on Arts and Humanities (DCCAH)
FROM: Brian K. Flowers 7
Deputy Attorney General
Legal Counsel Division
DATE: July 7, 2020
RE: Arts and Humanities Omnibus Emergency, Temporary and Permanent Amendment
Actof 2020 and an Accompanying Emergency Declaration Resolution
(AE-20-492)
This responds to an email request we received from your office by which you transmitted proposed
legislation entitled the Arts and Humanities Omnibus Emergency Amendment Act of 2020 (Emergency
Act), substantively identical temporary and permanent versions of the draft legislation, and an
accompanying emergency declaration resolution (Resolution) on the same subject to our Office for a legal
sufficiency review (together, the Legislation).'
The Legislation will amend, on an emergency, temporary and permanent basis, Chapter 2 of Title 39 of
the District of Columbia Official Code to revise the formula used to allocate the Commission on the Arts
and Humanities annual budget. In substantive part, it provides that the DCCAH may allocate up to:
17% for grants to fund grant recipients operations-related expenses and, exclusively during
the District's Fiscal Year 2021, certain arts- and/or humanities-related mortgage and/or rent
obligations including, but not necessarily limited to: (i) expenses related to the operation of a grant
recipient's United States Internal Revenue Service-recognized and arts- and/or humanities-related
home-based office; and (ii) expenses related to a grant recipients rental ofDistrict-based space
that is used to produce and/or publicly present arts- and/or humanities-related work.
Further, the Legislation provides that the balanceofany unused grant funds must be returned to the
DCCAH no later than the last day of the fiscal yearofthe award for deposit into the Arts and Humanities
revolving fund established by D.C. Official Code 39-205.01
' This Office sug: 4 several clarifying changes that the DCCAH accepted and incorporated into revised versions of the
Legislation.
50 Pennsylvania Avenue, N.W., Suite 409, Washington,D.C. 20004 Phone (202) 724-5524 Fax( 12) 724-6160
The Resolution establishes the emergency circumstances leading to the need for the emergency version of
the Legislation.
This Office has reviewed the Legislation and determined that it is legally sufficient. I have attached a
Certificateof Legal Sufficiency for your use. In addition, please be reminded that you must secure a
fiscal impact statement from the Office of the Chief Financial Officer to accompany the Legislation. If
you have any questions about this memorandum, please contact either Anne R. Hollander, Senior
Assistant Attorney General, at 724-5560, or me at 724-5524,
BKF/arh
Attachment
 GOVERNMENT OF THE DISTRICT OF COLUMBIA,
OFFICE OF THE ATTORNEY GENERAL,
xk *
EEEEZZ)
CEE]
Legal Counsel Division
MEMORANDUM
TO: Ronan Gulstone
Director
Office of Policy and Legislative Affairs
FROM: Brian K. Flowers :
Deputy Attorney General
Legal Counsel Division
DATE: July 7, 2020
RE: Arts and Humanities Omnibus Emergency, Temporary and Permanent Amendment
Act of 2020 and an Accompanying Emergency Declaration Resolution
(AE-20-492)
This is to Certify that this ottice has reviewed the legislation entitled the
Arts and Humanities Omnibus Emergency Amendment Act of 2020, substantively identical
temporary and permanent versions of the draft legislation, and an accompanying emergency
declaration resolution on the same subject, and determined that the legislation and resolution are
legally sufficient. If you have any questions, please do not hesitate to call me at 724-5524,
Bua K. Flowue
Brian K. Flowers