reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 1 - Rights and Liabilities of Hotels and Lodging Houses › § 30–103. Sale of unclaimed personal property; application of proceeds

§ 30–103. Sale of unclaimed personal property; application of proceeds.
(a)(1) A hotel, motel, or similar establishment in the District of Columbia which provides lodging to transient guests may sell at a public auction any personal property that has been deposited for safekeeping, checked, or left unclaimed at that establishment for more than 90 days. If the owner of that property is known, the establishment shall, at least 15 days before that sale is held, send, by registered or certified mail, a notice to the owner at his last known address stating:
(A) That the purpose of the sale is to dispose of unclaimed property;
(B) The amount of storage and other charges (including interest on those charges) against that property;
(C) The day, time, and place of sale; and
(D) A description of the property including, in the case of the sale of a motor vehicle, the make, type, year, model number, serial number, engine number, and the year and license registration number of that motor vehicle.
(2) In the case of the sale of a motor vehicle, a notice shall be given to any person whose security interest, lien, or other claim upon that motor vehicle is recorded with the motor vehicle registry of the state (including the District of Columbia) of registration of that motor vehicle. That notice shall be given at least 15 days prior to the date of sale.
(b)(1) The proceeds of a sale of property made under subsection (a) of this section shall be applied as follows:
(A) To cover the expenses of the storage and sale of the property (including interest on those charges); and
(B) To discharge any security interest, lien, or other claim upon the property in the order of priority provided for by law.
(2) Any amount remaining after the application provided for by subparagraphs (A) and (B) of paragraph (1) of this subsection shall be paid to the party entitled to the remainder if that party is known and can be located. If that party is not known or cannot be located within one year after the date of the sale, the establishment shall pay, within a reasonable time, the remainder to the government of the District of Columbia.
(Dec. 8, 1970, 84 Stat. 1396, Pub. L. 91-537, § 3.)
Prior Codifications
1981 Ed., § 34-103.
1973 Ed., § 34-108.
Section References
This section is referenced in § 41-115.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 1 - Rights and Liabilities of Hotels and Lodging Houses › § 30–104. Cleaning and maintenance of hotels and motels and public notice of service disruptions

§ 30–104. Cleaning and maintenance of hotels and motels and public notice of service disruptions.
*NOTE: This section was created by emergency legislation that will expire on March 20, 2024.*
(a)(1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to establish requirements for the cleaning and maintenance of hotels, motels, and other lodging establishments (collectively "lodging establishments") and to establish standards for public notice of actual or potential disruptions to service at, or use or enjoyment of, lodging establishments.
(2) A lodging establishment providing guest rooms that contain a kitchen, defined as a cooking facility that includes a permanently affixed cooktop appliance consisting of two or more burners, with or without an oven, with a power supply served by either an electrical connection or a natural gas line, shall not be required to clean those guest rooms on a daily basis, unless specifically requested by a guest.
(b) Civil fines and penalties may be imposed by the Mayor pursuant to subchapter I of Chapter 18 of Title 2 ("Civil Infractions Act"), for infraction of the rules. The adjudication of any such infraction, fine, or penalty shall be pursuant to the Civil Infractions Act.
(Dec. 8, 1970, 84 Stat. 1395, Pub. L. 91-537, § 3a; as added Dec. 21, 2023, D.C. Act 25-340, § 2, 70 DCR 16602.)
Emergency Legislation
For temporary (90 days) creation of this section, see § 2 of Hotel Enhanced Cleaning and Notice of Service Disruption Second Emergency Amendment Act of 2023 (D.C. Act 25-340, Dec. 21, 2023, 70 DCR 16602).
For temporary (90 days) creation of this section, see § 2 of Hotel Enhanced Cleaning and Notice of Service Disruption Clarification Emergency Amendment Act of 2023 (D.C. Act 25-29, Feb. 24, 2023, 70 DCR 2963).
For temporary (90 days) creation of this section, see § 2 of Hotel Enhanced Cleaning and Notice of Service Disruption Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-509, July 25, 2022, 69 DCR 009373).
For temporary (90 days) creation of this section, see § 2 of Hotel Enhanced Cleaning and Notice of Service Disruption Emergency Amendment Act of 2022 (D.C. Act 24-369, Apr. 7, 2022, 0 DCR 0).
Temporary Legislation
For temporary (225 days) creation of this section, see § 2 of Hotel Enhanced Cleaning and Notice of Service Disruption Clarification Temporary Amendment Act of 2023 (D.C. Law 25-4, May 25, 2023, 70 DCR 3785).
For temporary (225 days) creation of this section, see § 2 of Hotel Enhanced Cleaning and Notice of Service Disruption Temporary Amendment Act of 2022 (D.C. Law 24-143, June 30, 2022, 69 DCR 005069).
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.01. Definitions

§ 30–201.01. Definitions.
For the purposes of this subchapter, the term:
(1) "Booking service" means any person or entity that facilitates short-term rental reservations and collects payment for lodging in a short-term rental. A booking service shall be a room remarketer within the meaning of § 47-2001(o-1).
(2) "Department" means the Department of Licensing and Consumer Protection or its successor agency.
(3) "Host" means a natural person who uses a booking service to provide a short-term rental to a transient guest. A host shall be a vendor within the meaning of §§ 47-2001(w) and 47-2201(g).
(4) "Primary residence" means the property is eligible for the homestead deduction pursuant to § 47-850.
(5) "Short-term rental" means paid lodging for transient guests with the host present, unless it is a vacation rental. A short-term rental is not a hotel, inn, motel, boarding house, rooming house, or bed and breakfast. A short-term rental operates within a portion of the host's residential property, unless it is a vacation rental.
(6) "Vacation rental" means a short-term rental that operates within a host's residential property wherein a transient guest has exclusive use of the host's property during the transient guest's stay and the host is not present on the premises. A vacation rental is subject to additional restrictions, including § 30-201.06(e).
(Apr. 25, 2019, D.C. Law 22-307, § 101, 66 DCR 898; Apr. 5, 2021, D.C. Law 23-269, § 501(p), 68 DCR 001490.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 101 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
Temporary Legislation
For temporary (225 days) repeal of § 301 of D.C. Law 22-307, see § 7(b) of Fiscal Year 2020 Budget Support Clarification Temporary Amendment Act of 2019 (D.C. Law 23-48, Jan. 28, 2020, 66 DCR 16179).
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.02. Restrictions on short-term rentals

§ 30–201.02. Restrictions on short-term rentals.
(a) A short-term rental shall require a valid basic business license with a "Short-Term Rental" endorsement, in addition to any other license required by law. A vacation rental shall require a valid basic business license with a "Short-Term Rental: Vacation Rental" endorsement, in addition to any other license required by law.
(b) A host providing a short-term rental shall have current liability insurance of at least $500,000, which may be provided by the booking service. The Mayor may adjust the minimum dollar amount of this insurance requirement by rulemaking.
(c) A host shall provide each transient guest in a short-term rental a 24-hour accessible telephone number to the host, or to a person who has authority to act on behalf of the host, in the event of an emergency.
(d) The property at which the short-term rental is located shall be the host's primary residence.
(e) A host may offer multiple short-term rentals at a single property, such as a bedroom and an in-law suite, subject to all applicable occupancy limits contained in Title 11, Title 12, and Title 14 of the District of Columbia Municipal Regulations.
(f) For the purposes of 18 DCMR § 2414.14, a transient guest of a vacation rental shall not be considered a guest of a resident in the Advisory Neighborhood Commission area designated on an annual visitor parking permit.
(Apr. 25, 2019, D.C. Law 22-307, § 102, 66 DCR 898.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 102 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.03. Short-term rental license application

§ 30–201.03. Short-term rental license application.
A host applying for a short-term rental license endorsement shall:
(1) Provide evidence that he or she complies with the requirements of § 30-201.02;
(2) If the short-term rental is on property within a condominium, cooperative, or homeowner association, provide proof that the condominium, cooperative, or homeowner association permits the operation of a short-term rental;
(3) State the number of, and describe, the short-term rentals to be provided by the host on the property; and
(4) Pay the license fee, which shall be determined by the Mayor by rulemaking; provided, that the fee for a "Short-Term Rental" endorsement and "Short-Term Rental: Vacation Rental" endorsement shall be the same.
(Apr. 25, 2019, D.C. Law 22-307, § 103, 66 DCR 898.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 103 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.04. Short-term rental license endorsement issuance

§ 30–201.04. Short-term rental license endorsement issuance.
(a) The Department shall not issue a short-term rental license endorsement to any person or entity other than to a host.
(b) The license endorsement shall be applicable to the property on which the short-term rental is located. The presence of more than one short-term rental at the host's property shall not require separate license endorsements.
(c) The Department shall not issue more than one short-term rental license endorsement to a host.
(d) The Department shall not issue a short-term rental license endorsement to a host if prohibited by Title 11 of the District of Columbia Municipal Regulations.
(e) An inspection of the premises by the Department shall not be a prerequisite for issuance of a short-term rental license endorsement.
(f) A short-term rental license endorsement shall be valid for a period of 2 years from the date of issuance. Renewal license endorsements shall be issued in the same manner as initial license endorsements.
(Apr. 25, 2019, D.C. Law 22-307, § 104, 66 DCR 898.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 104 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.05. Suspension or revocation of short-term rental license endorsement

§ 30–201.05. Suspension or revocation of short-term rental license endorsement.
The Mayor shall establish by rulemaking the procedures for suspension, revocation, and other licensing sanctions for violation of this subchapter.
(Apr. 25, 2019, D.C. Law 22-307, § 105, 66 DCR 898.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 105 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.07. Legal rights of guests

§ 30–201.07. Legal rights of guests.
A transient guest of a short-term rental shall not be deemed to be a tenant as defined under either § 42-3501.03(36) or § 42-3401.03(17).
(Apr. 25, 2019, D.C. Law 22-307, § 107, 66 DCR 898.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 107 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.09. Enforcement

§ 30–201.09. Enforcement.
(a) The Department shall:
(1) Maintain records on licensed short-term rentals;
(2) Maintain statistics on short-term rental activity and provide reports annually at the request of the Mayor or the Council;
(3) Monitor short-term rentals for compliance with this subchapter and all applicable regulations including the zoning regulations;
(4) Investigate suspected violations of this subchapter by booking services or hosts; provided, that the Office of the Chief Financial Officer shall investigate suspected violations of §§ 30-201.06(c) and 30-201.08(f); and
(5) Issue administrative penalties and orders to enforce the provisions of this subchapter.
(b) The Department may refer violations of this subchapter to the Office of the Attorney General.
(c) The Department shall monitor listings of short-term rentals by booking services. Upon discovery of a violation of this subchapter, the Department shall immediately notify the relevant booking service and the host.
(d) For purposes of determining whether a host is in violation of this subchapter, if any part of a listing for a short-term rental claims or suggests that a short-term rental guest will have exclusive use of the host's entire residence during the guest's stay, this shall serve as prima facie evidence that the short-term rental is a vacation rental, notwithstanding the type of license endorsement actually issued.
(Apr. 25, 2019, D.C. Law 22-307, § 109, 66 DCR 898.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 109 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.10. Penalties

§ 30–201.10. Penalties.
(a) A host found to have violated § 30-201.02 or § 30-201.06 shall be liable for a civil penalty of:
(1) $500 for the first violation;
(2) $2,000 for a second violation; and
(3) $6,000 for a third violation and a revocation of the related short-term rental license endorsement.
(b) A booking service found to have violated § 30-201.08 shall be liable for a civil penalty of $1,000 for each booking transaction made in violation of this subchapter.
(c) The Mayor may adjust these penalties by rulemaking.
(Apr. 25, 2019, D.C. Law 22-307, § 110, 66 DCR 898.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 110 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter I - General › § 30–201.11. Rules

§ 30–201.11. Rules.
Except as provided in §§ 30-201.05 and 30-201.06(f)(5), the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter.
(Apr. 25, 2019, D.C. Law 22-307, § 111, 66 DCR 898.)
Applicability
Applicability of D.C. Law 22-307: Section 15 of D.C. Law 23-68 repealed § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: Section 6(b) of D.C. Act 23-165 repealed, on an emergency basis, § 301 of D.C. Law 22-307. Therefore the creation of this section by D.C. Law 22-307 has been implemented.
Applicability of D.C. Law 22-307: § 301 of D.C. Law 22-307 provided that the creation of this section by § 111 of D.C. Law 22-307 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 30 - Hotels, Lodging Houses, and Short-term Rentals › Chapter 2 - Short-term Rental Regulation › Subchapter II - Short-Term Rental Funding › § 30–210.01. Short-Term Rental Funding

§ 30–210.01. Short-Term Rental Funding.
(a) The fiscal impact of revenue loss attributable to the provisions of subchapter I of this chapter, shall be offset by local fiscal year recurring revenues included in the Chief Financial Officer's June 2019 revenue estimate and all subsequent revenue estimates that exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2020 through Fiscal Year 2023, until subchapter I of this chapter is fully funded as certified by the Chief Financial Officer.
(b) In the June 2019 revenue estimate and each of the subsequent revenue estimates, the Chief Financial Officer shall certify:
(1) Whether and by what amount local fiscal year revenues included in the revenue estimate exceed the annual revenue estimate incorporated in the approved budget and financial plan for Fiscal Year 2020 through Fiscal Year 2023;
(2) Whether such excess revenues, together with the excess revenues identified pursuant to this subsection in prior revenue estimates, are in an amount sufficient to offset the fiscal impact of the revenue loss identified in subsection (a) of this section and, if not, the amount of additional excess revenue necessary to offset such fiscal impact; and
(3) That all such excess revenues, together with the excess revenues identified pursuant to this subsection in prior revenue estimates, have been set aside to ensure that subchapter I of this chapter be fully funded until such time as the Chief Financial Officer certifies that subchapter I of this chapter is fully funded.
(Sept. 11, 2019, D.C. Law 23-16, § 2242, 66 DCR 8621.)
Applicability
Section 2244 of D.C. Law 23-16 provided that this subchapter shall apply as of June 25, 2019.
Section 2243 of D.C. Law 23-16 amdended section 301 of D.C. Law 22-307 to provide that subchapter I of this chapter shall apply upon the late of: (1) October 1, 2019; or (2) Inclusion of its fiscal effect in an approved budget and financial plan.
Emergency Legislation
For temporary (90 days) creation of this section, see § 2242 of the Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) creation of this section, see § 2242 of the Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 1 - Department of Insurance, Securities, and Banking › Subchapter I - Establishment of the Department of Insurance, Securities, and Banking › § 31–102. Establishment of the Department of Insurance, Securities, and Banking

§ 31–102. Establishment of the Department of Insurance, Securities, and Banking.
The Department, under the supervision of the Commissioner, is established as a cabinet level agency of the District government.
(May 21, 1997, D.C. Law 11-268, § 3, 44 DCR 1730; June 11, 2004, D.C. Law 15-166, § 3(b), 51 DCR 2817; Apr. 13, 2005, D.C. Law 15-354, § 40(a), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 35-122.
Section References
This section is referenced in § 31-1131.02 and § 31-3171.01.
Effect of Amendments
D.C. Law 15-166 rewrote the section which had read as follows: “Pursuant to § 1-204.04(b), the Council establishes the Department of Insurance and Securities Regulation as a cabinet level agency of the executive branch of the Government of the District of Columbia, under the supervision of the Commissioner of Insurance and Securities.”
D.C. Law 15-354, in the section heading, validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(b) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 1 - Department of Insurance, Securities, and Banking › Subchapter I - Establishment of the Department of Insurance, Securities, and Banking › § 31–103. Functions and duties

§ 31–103. Functions and duties.
(a) The functions and duties contained and referenced herein are transferred to the Department and shall be performed by the following major organizational components of the Department.
(1) All duties and responsibilities in respect to the regulation of life and health and property and casualty insurance, insurers, and health maintenance organizations that heretofore have been given to the Mayor, the Superintendent of Insurance, or the Insurance Administrator, by virtue of various District of Columbia laws, shall be assumed by the Commissioner of Insurance and Securities who shall exercise those regulatory responsibilities through the Insurance Bureau.
(2) All functions and duties assigned to the Public Service Commission in Chapter 36 [repealed] of Title 3 and Chapter 37 [repealed] of Title 3, shall be assumed by the Commissioner, who shall exercise those regulatory responsibilities through the Securities and Banking Bureau.
(3) Pursuant to §§ 26-551.03 and 26-551.05, the Commissioner, through the Securities and Banking Bureau, shall administer the District of Columbia Banking Code, as defined in § 26-551.02(14).
(b) The Mayor, at his or her discretion, may transfer the regulatory functions and duties of other executive offices and agencies to the Department.
(May 21, 1997, D.C. Law 11-268, § 4, 44 DCR 1730; June 11, 2004, D.C. Law 15-166, § 3(c), 51 DCR 2817; Apr. 13, 2005, D.C. Law 15-354, § 40(b), 52 DCR 2638; Sept. 24, 2010, D.C. Law 18-223, § 2112(b), 57 DCR 6242.)
Prior Codifications
1981 Ed., § 35-123.
Effect of Amendments
D.C. Law 15-166, in subsec. (a), deleted “of Insurance and Securities” following “Commissioner” in par. (2), and added par. (3).
D.C. Law 15-354, in subsec. (a)(3), substituted “Banking Code, as defined in § 26-551.02(14)” for “Banking Code”.
D.C. Law 18-223, in subsec. (a)(2), substituted “Securities and Banking Bureau” for “Securities Bureau”; and, in subsec. (a)(3), substituted “Securities and Banking Bureau” for “Banking Bureau”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(c) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
For temporary (90 day) amendment of section, see § 2112(b) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 1 - Department of Insurance, Securities, and Banking › Subchapter I - Establishment of the Department of Insurance, Securities, and Banking › § 31–105. Transfers

§ 31–105. Transfers.
(a) All positions, property, records, and unexpended balances of appropriations, allocations, assessments, and other funds available or to be made available to the Department of Consumer and Regulatory Affairs and the Public Service Commission relating to the duties and functions assigned herein, are transferred to the Department.
(b) All powers, duties, and functions transferred to the Department of Banking and Financial Institutions under § 26-551.03, are hereby transferred to the Department of Insurance, Securities, and Banking.
(c) All positions, property, records, and unexpended balances of appropriations, allocations, assessments, and other funds available or to be made available to the Department of Banking and Financial Institutions under § 26-551.03, are hereby transferred to the Department.
(May 21, 1997, D.C. Law 11-268, § 6, 44 DCR 1730; June 11, 2004, D.C. Law 15-166, § 3(e), 51 DCR 2817; Apr. 13, 2005, D.C. Law 15-354, § 40(d), 52 DCR 2638.)
Prior Codifications
1981 Ed., § 35-125.
Effect of Amendments
D.C. Law 15-166 designated the existing text as subsec. (a); and added subsecs. (b) and (c).
D.C. Law 15-354, in subsec. (a), validated a previously made technical correction.
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(e) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 1 - Department of Insurance, Securities, and Banking › Subchapter I - Establishment of the Department of Insurance, Securities, and Banking › § 31–106. Organization

§ 31–106. Organization.
(a) The Commissioner, as the chief executive officer of the Department is authorized to organize the personnel and property transferred herein within any organizational unit of the Department as the Commissioner deems appropriate.
(b)(1) The Securities and Banking Bureau is established to oversee the regulation of securities under the supervision of the Commissioner and administer the District of Columbia Banking Code.
(2) The position of Associate Commissioner for Securities and Banking is hereby established to administer the Banking Bureau under the supervision of the Commissioner.
(May 21, 1997, D.C. Law 11-268, § 7, 44 DCR 1730; June 11, 2004, D.C. Law 15-166, § 3(f), 51 DCR 2817; Sept. 24, 2010, D.C. Law 18-223, § 2112(c), 57 DCR 6242.)
Prior Codifications
1981 Ed., § 35-126.
Effect of Amendments
D.C. Law 15-166 designated the text of the existing section as subsection (a); in subsec. (a), substituted “Commissioner” for “Commissioner of Insurance and Securities” and substituted “Department” for “Department of Insurance and Securities Regulation”; and added subsec. (b).
D.C. Law 18-223 rewrote subsec. (b)(1); and, in subsec. (b)(2), substituted “Associate Commissioner for Securities and Banking” for “Director of the Bureau of Banking and Financial Institutions”. Prior to amendment, subsec. (b)(1) read as follows: “(b)(1) The Bureau of Banking and Financial Institutions is hereby established to administer the District of Columbia Banking Code under supervision of the Commissioner.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 3(f) of Consolidation of Financial Services Emergency Amendment Act of 2004 (D.C. Act 15-381, February 27, 2004, 51 DCR 2653).
For temporary (90 day) amendment of section, see § 2112(c) of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 1 - Department of Insurance, Securities, and Banking › Subchapter I - Establishment of the Department of Insurance, Securities, and Banking › § 31–106.03. Rules

§ 31–106.03. Rules.
Within 180 days of February 18, 2017, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement of provisions of §§ 31-106.01 and31-106.02.
(May 21, 1997, D.C. Law 11-268, § 7c; as added Feb. 18, 2017, D.C. Law 21-214, § 2(b), 63 DCR 15334.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 1 - Department of Insurance, Securities, and Banking › Subchapter I - Establishment of the Department of Insurance, Securities, and Banking › § 31–108. Abolition of Insurance Administration

§ 31–108. Abolition of Insurance Administration.
The Insurance Administration in the Department of Consumer and Regulatory Affairs as currently organized is abolished.
(May 21, 1997, D.C. Law 11-268, § 9, 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-128.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 1 - Department of Insurance, Securities, and Banking › Subchapter II - Regulations Under the Gramm-Leach-Bliley Act › § 31–121. Regulations

§ 31–121. Regulations.
The Commissioner may promulgate rules, regulations, and orders as are necessary or appropriate to conform to the Gramm-Leach-Bliley Act, approved November 12, 1999 (113 Stat. 1338; codified in scattered sections of the U.S. Code), or regulations promulgated thereunder.
(Oct. 21, 2000, D.C. Law 13-191, § 8, 47 DCR 7311.)
Emergency Legislation
For temporary (90 day) amendment of section, see § 2 of the Insurer Confidentiality and Information Sharing Emergency Act of 2000 (D.C. Act 13-444, October 24, 2000, 47 DCR 9007).
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 2 - Duties of Commissioner; Requirements of Industry › § 31–201. Establishment; appointment of Superintendent and clerk. [Repealed]

§ 31–201. Establishment; appointment of Superintendent and clerk. [Repealed]
Repealed.
(May 21, 1997, D.C. Law 11-268, § 10(c), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-101.
Section References
This section is referenced in § 31-3503.
Editor's Notes
Department of Insurance abolished: The Department of Insurance, including the Superintendent, was abolished and the functions thereof transferred to the Board of Commissioners of the District of Columbia by Reorganization Plan No. 5 of 1952. Reorganization Order No. 43, dated June 23, 1953, as amended, established, under the direction and control of a Commissioner, a Department of Insurance headed by a Superintendent. The Order provided for the organization of the Department, abolished the previously existing Department of Insurance, and provided that all functions and positions of the previous Department would be transferred to the new Department of Insurance, including the duties, powers, and authorities of all officers and employees; and that all personnel, property, records and unexpended balances relating to the functions and positions transferred would also be transferred to the new Department. The executive functions of the Board of Commissioners were transferred to the Commissioner of the District of Columbia by § 401 of Reorganization Plan No. 3 of 1967. The functions of the Superintendent of Insurance were transferred to the Department of Consumer and Regulatory Affairs by Reorganization Plan No. 1 of 1983, effective March 31, 1983. Pursuant to the provisions of D.C. Law 11- (Act 11-524), the Department of Insurance and Securities Regulation was established and the duties of the Superintendent of Insurance and the Insurance Administration were assumed by the Commissioner of Insurance and Securities, and the Insurance Administration in the Department of Consumer and Regulatory Affairs was abolished.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 2 - Duties of Commissioner; Requirements of Industry › § 31–203. Required annual financial statements of companies or associations — Contents; publication. [Repealed]

§ 31–203. Required annual financial statements of companies or associations — Contents; publication. [Repealed]
Repealed.
(Oct. 21, 1993, D.C. Law 10-42, § 7(a), 40 DCR 6020.)
Prior Codifications
1981 Ed., § 35-103.
Section References
This section is referenced in § 31-4901.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 2 - Duties of Commissioner; Requirements of Industry › § 31–204. Required annual financial statements of companies or associations — Foreign companies or associations

§ 31–204. Required annual financial statements of companies or associations — Foreign companies or associations.
The financial statements of insurance companies or associations, required hereby to be filed annually with the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking], shall set forth specifically the assets, liabilities, and conduct of the affairs within the United States of companies or associations organized outside of the territorial limits of the United States, and such statement shall be verified under oath by the manager and assistant manager or other proper officers of such companies or associations within the United States; and so much of this chapter as requires the publication of annual statements shall only extend to the statements respecting the affairs of such foreign companies or associations within the United States.
(Mar. 3, 1901, 31 Stat. 1291, ch. 854, § 649; May 21, 1997, D.C. Law 11-268, § 10(d), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-104.
1973 Ed., § 35-104.
Cross References
Annual statements and taxes, see § 31-5202.
Taxation and fiscal affairs of insurance companies, see § 47-2601 et seq.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-201.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 2 - Duties of Commissioner; Requirements of Industry › § 31–206. Required annual reports of Commissioner — Contents

§ 31–206. Required annual reports of Commissioner — Contents.
The Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] shall report annually to the Mayor of the District, on or before the 31st day of March, the financial condition of each insurance company and association doing business in said District, as of the 31st day of December next preceding.
(Mar. 3, 1901, 31 Stat. 1292, ch. 854, § 651; May 21, 1997, D.C. Law 11-268, § 10(d), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-106.
1973 Ed., § 35-106.
Section References
This section is referenced in § 31-3503.
Cross References
Hospital and medical services corporations, applicability of this section, see § 31-3503.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 35-101.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 2 - Duties of Commissioner; Requirements of Industry › § 31–207. Required annual reports of Commissioner — Publication and distribution

§ 31–207. Required annual reports of Commissioner — Publication and distribution.
After May 18, 1910, the annual reports of the Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] shall be printed and bound in 1 volume, and shall be ready for distribution not later than the 1st day of the next regular session of Congress thereafter.
(May 18, 1910, 36 Stat. 379, ch. 248, § 1; May 21, 1997, D.C. Law 11-268, § 10(e), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-107.
1973 Ed., § 35-107.
Section References
This section is referenced in § 31-3503.
Cross References
Hospital and medical services corporations, applicability of this section, see § 31-3503.
Temporary Legislation
For temporary (225 days) tolling of deadlines under commercial insurance policies during a public health emergency, see § 2 of Commercial Insurance Claim Tolling Temporary Act of 2021 (D.C. Law 24-19, July 29, 2021, 68 DCR 006023).
For temporary (225 days) tolling of deadlines under commercial insurance policies during a public health emergency, see § 2 of Commercial Insurance Claim Tolling Emergency Act of 2021 (D.C. Act 24-82, May 25, 2021, 68 DCR 005821).
For temporary (225 days) tolling of deadlines under commercial insurance policies during a public health emergency, see § 2 of Commercial Insurance Claim Tolling Congressional Review Emergency Act of 2020 (D.C. Act 23-427, Oct. 24, 2020, 67 DCR 12969).
For temporary (225 days) tolling of deadlines under commercial insurance policies during a public health emergency, see § 2 of Commercial Insurance Claim Tolling Temporary Act of 2020 (D.C. Law 23-143, Oct. 20, 2020, 67 DCR 9912).
For temporary (225 days) tolling of deadlines under commercial insurance policies during a public health emergency, see § 2 of Commercial Insurance Claim Tolling Emergency Act of 2020 (D.C. Act 23-343, July 27, 2020, 67 DCR 9379).
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-201.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 2 - Duties of Commissioner; Requirements of Industry › § 31–208. Capital requirements of companies or associations

§ 31–208. Capital requirements of companies or associations.
It shall be the duty of the said Commissioner of Insurance and Securities [Commissioner of the Department of Insurance, Securities, and Banking] to ascertain whether the capital required by law or the charter of each insurance company or association organized under the laws of the District of Columbia has been actually paid up in cash and is held by its board of directors subject to their control, according to the provisions of their charter, or has been invested in property worth not less than the full amount of the capital stock required by its charter; or, if a mutual company, that it has received and is in actual possession of securities, as the case may be, to the full extent of the value required by its charter; and the president and secretary of such company or association shall make a declaration under oath to said Commissioner, who is hereby empowered to administer oaths when hereby required, that the tangible assets exhibited to him represent bona fide the property of the company or association, which sworn declaration shall be filed and preserved in the office of said Commissioner; and any such officer swearing falsely in regard to any of the provisions hereof shall be deemed guilty of perjury and shall be subject to all the penalties prescribed by law in the District of Columbia for that crime.
(Mar. 3, 1901, 31 Stat. 1292, ch. 854, § 652; May 21, 1997, D.C. Law 11-268, § 10(d), 44 DCR 1730.)
Prior Codifications
1981 Ed., § 35-108.
1973 Ed., § 35-108.
Cross References
Capital stock requirements, see § 31-5202.
Impairment of capital, see § 31-5201.
Inspection and examination of insurance companies, see §§ 31-5201 and 31-5202.
Editor's Notes
Department of Insurance abolished: See Historical and Statutory Notes following § 31-201.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 2A - Unauthorized Entities › § 31–231. Unauthorized entities

§ 31–231. Unauthorized entities.
No person shall act as an insurer, or engage in any other activity, directly or indirectly, which is regulated in acts codified in Chapters 1 through 55 of this title unless performed within the scope of a certificate of authority issued by the Commissioner as provided by this chapter. The prohibitions in this chapter shall not apply to persons or entities engaging in activity pursuant to §§ 31-2502.39 and 31-2502.40.
(Mar. 8, 2007, D.C. Law 16-232, § 102, 54 DCR 368.)
Section References
This section is referenced in § 31-232.
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 2A - Unauthorized Entities › § 31–232. Aiding or assisting unauthorized activity

§ 31–232. Aiding or assisting unauthorized activity.
No person shall aid or assist another person in unauthorized activity proscribed by § 31-231, including selling, soliciting, or negotiating for applications, policies, memberships, or other business.
(Mar. 8, 2007, D.C. Law 16-232, § 103, 54 DCR 368.)
2023 District of Columbia Code › Title 31 - Insurance and Securities › Chapter 3 - Annual Audited Financial Reports › § 31–302. General requirements for filing audited financial reports and audit committee appointments; extensions

§ 31–302. General requirements for filing audited financial reports and audit committee appointments; extensions.
(a) All insurers shall have an annual audit prepared by an independent certified public accountant and shall file an audited financial report with the Mayor on or before June 1st for the year ended December 31st immediately preceding. The Mayor may require an insurer to file an audited financial report earlier than June 1st with 90 days advance notice to the insurer.
(b) Extensions of the June 1st filing date may be granted by the Mayor for 30-day periods upon showing by the insurer and its independent certified public accountant the reasons for requesting the extension and determination by the Mayor of good cause for an extension. The request for extension must be submitted in writing not less than 10 days prior to the due date in sufficient detail to permit the Mayor to make an informed decision with respect to the requested extension.
(c) If an extension is granted in accordance with the provisions in subsection (b) of this section, an extension for the same 30-day period shall be granted for the filing of a management’s report of internal control over financial reporting.
(d) An insurer required to file an annual audited financial report pursuant to this chapter shall establish an audit committee. If the insurer is controlled by a controlling person or entity, the audit committee of the controlling entity, in compliance with § 31-311.01(e), may serve as the audit committee for the subject insurer for purposes of this chapter.
(Oct. 21, 1993, D.C. Law 10-48, § 3, 40 DCR 6102; Mar. 12, 2011, D.C. Law 18-317, § 2(b), 57 DCR 12418.)
Prior Codifications
1981 Ed., § 35-3202.
Section References
This section is referenced in § 31-313 and § 31-314.
Effect of Amendments
D.C. Law 18-317 rewrote the section heading, which had read as follows: “Filing and extensions for filing of annual audited financial reports.”; and added subsecs. (c) and (d).
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(b) of Annual Financing Reporting Modernization Emergency Amendment Act of 2010 (D.C. Act 18-665, December 28, 2010, 58 DCR 80).
For temporary (90 day) amendment of section, see § 2(b) of Annual Financial Reporting Modernization Congressional Review Emergency Amendment Act of 2011 (D.C. Act 19-30, March 15, 2011, 58 DCR 2591).