(a) For the purposes of this section, the term "Other-Type Funds" means District revenues, as defined in § 1-201.03(10), generated from fees, fines, assessments, or reimbursements by District of Columbia or its agencies or instrumentalities (including independent agencies or instrumentalities), earmarked for special purposes and accounted for or placed in a fund for such purposes; provided, that the term "Other-Type Funds" shall not include funds of the Housing Finance Agency; National Capital Revitalization Corporation; Washington Convention and Sports Authority; Public Service Commission; Office of People's Counsel; Department of Insurance and Securities Regulation; Department of Banking and Financial Institutions; District of Columbia Water and Sewer Authority; Alcoholic Beverage Regulation Administration; and Compliance and Real Property Tax Administration Fund, except to the extent that there are not sufficient Other-Type Funds available in other agencies from which the transfer of funds requested under subsection (c) of this section may be obtained.
(b) Notwithstanding any other provision of law, including the dedication of funds to a particular use, all or part of the balance in an Other-Type Fund may be transferred to the General Fund of the District of Columbia in accordance with the procedure set forth in subsections (c) and (d) of this section.
(c)(1) The Mayor, in consultation with the Chief Financial Officer of the District of Columbia, shall submit to the Council for approval a proposed resolution requesting the transfer of all or part of the balance in an Other-Type Fund to the General Fund of the District of Columbia. The proposed resolution shall include, for each agency affected:
(A) The Chief Financial Officer's certification that the proposed transfer of funds:
(i) Is needed for the purpose for which the transferred funds are to be used;
(ii) Is not prohibited by federal law, court order, or settlement;
(iii) Does not involve funds that have been properly identified as deferred revenue or restricted fund balance;
(iv) Will not prevent an agency or a program from meeting maintenance of effort or matching fund requirements; and
(v) Will not result in a federal grant or other source of funding being decreased or eliminated;
(B) The legislative or regulatory authority for the establishment of the Other-Type Fund;
(C) The purpose of the Other-Type Fund;
(C-i) The amount and source of the funds to be transferred from the designated Other-Type Fund, and the purpose for which the funds will be used;
(D) The original fiscal year budget and year-to-date expenditures for the Other-Type Fund for the fiscal year in which the request is made;
(E) The accumulated balance of the Other-Type fund;
(F) The previous 2 fiscal years' budgets and spending patterns for the Other-Type fund (3 years if there has been a transfer of all or part of the fund balance to the General Fund of the District of Columbia);
(G) The collection in the Other-Type Fund for the previous 2 fiscal years (3 years if there has been a transfer of all or part of the fund balance to the General Fund of the District of Columbia; and
(H) The effect that the approval of the transfer of the Other-Type Funds to the General Fund of the District of Columbia will have on service delivery.
(2) The proposed resolution shall be submitted to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution, in whole or in part, within the 60-day period, the proposed resolution shall be deemed disapproved.
(d) Beginning in fiscal year 2005, the Chief Financial Officer shall submit to the Council a quarterly audit and accounting of the spending, revenue generation, and balances for all Other-Type Fund dedicated for use by the Department of Health. If the information for such an Other-Type Fund is not submitted to the Council within one month after the end of a fiscal quarter, revenue that accumulated in the Other-Type Fund during the fiscal quarter may not be transferred to the General Fund of the District of Columbia.
(June 5, 2003, D.C. Law 14-307, § 1202, 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 1902, 50 DCR 5668; Mar. 13, 2004, D.C. Law 15-105, § 12(d), 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205, § 5402, 51 DCR 8441; Apr. 13, 2005, D.C. Law 15-354, § 73(a)(2), 52 DCR 2638; Oct, 20, 2005, D.C. Law 16-33, § 1072(c), 52 DCR 7503; Mar. 3, 2010, D.C. Law 18-111, § 2082(o)(1), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-39, in subsec. (a), substituted "from which the transfer of funds requested under subsection (c) of this section may be obtained" for "from which a total of $9.5 million may be obtained"; rewrote subsec. (b); and in subsec. (c), par. (1), substituted "shall submit" for "may submit" in the introductory language, rewrote subpar. (A), and added subpar. (C-i). Prior to amendment, subsec. (b) and subpar. (A) of par. (1) of subsec. (c) had read as follows:
D.C. Law 15-105, in subsec. (a), substituted "Other-Type" for "Other-Type O-type", and validated previously made technical corrections.
"(b) Notwithstanding any other provision of law, including the dedication of funds to a particular use, all or part of the balance in an Other-Type Fund up to the total amount of $9.5 million in fiscal year 2003 of Other-Type Funds in fiscal year 2003 may be transferred to the General Fund of the District of Columbia in accordance with the procedure set forth in subsection (c) of this section. To the extent that these funds are needed, and it has been certified by the Chief Financial Officer that they are needed, in fiscal years subsequent to fiscal year 2003, the Mayor shall submit an approval resolution to the Council."
"(A) The Chief Financial Officer's certification that the proposed transfer of funds is not prohibited by federal action, court order, or settlement and that funds have not been properly identified as deferred revenue or restricted fund balance;"
D.C. Law 15-205, in subsec. (b), substituted "subsections (c) and (d)" for "subsection (c)"; and added subsec. (d).
D.C. Law 15-354, in subsec. (a), validated previously made technical changes.
D.C. Law 16-33, in subsec. (a), substituted "Alcoholic Beverage Regulation Administration; and Compliance and Real Property Tax Administration Fund" for "and Alcoholic Beverage Regulation Administration".
D.C. Law 18-111, in subsec. (a), substituted "Washington Convention and Sports Authority" for "Sports and Entertainment Commission; Washington Convention Center Authority".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 202 of Fiscal Year 2003 Budget Support Temporary Act of 2003 (D.C. Law 15-25, July 22, 2003, law notification 50 DCR 6095).
Temporary Addition of Section
For temporary (225 day) addition of section, see § 2(b) of Other-Type Funds Temporary Act of 2002 (D.C. Law 14-219, March 25, 2003, law notification 50 DCR 2732).
Emergency Act Amendments
For temporary (90 day) addition of section, see § 2(b) of Other-Type Funds Emergency Act of 2002 (D.C. Act 14-449, July 23, 2002, 49 DCR 7868).
For temporary addition of section, see § 2(b) of Other-Type Funds Congressional Review Emergency Act of 2002 (D.C. Act 14-501, October 23, 2002, 49 DCR 10030).
For temporary (90 day) addition of section, see §§ 1202(b) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).
For temporary (90 day) addition of section, see § 1202(b) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).
For temporary (90 day) amendment of section, see § 202 of Fiscal Year 2003 Budget Support Emergency Act of 2003 (D.C. Act 15-51, March 31, 2003, 50 DCR 2954).
For temporary (90 day) amendment of section, see § 202 of Fiscal Year 2003 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-97, June 20, 2003, 50 DCR 5472).
For temporary (90 day) amendment of section, see § 1202(b) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).
For temporary (90 day) amendment of section, see § 1902 of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) amendment of section, see § 1902 of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
For temporary (90 day) amendment of section, see § 5402 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) amendment of section, see § 5402 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) amendment of section, see § 1072(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 day) amendment of section, see § 2082(o)(1) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 2082(o)(1) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
Law 14-307, the "Fiscal Year 2003 Budget Support Amendment Act of 2002", was introduced in Council and assigned Bill No. 14-892, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on October 1, 2002, and November 7, 2002, respectively. Signed by the Mayor on December 4, 2002, it was assigned Act No. 14-543 and transmitted to both Houses of Congress for its review. D.C. Law 14-307 became effective on June 5, 2003.
For Law 15-39, see notes following § 47-308.01.
For Law 15-105, see notes following § 47-340.22.
For Law 15-205, see notes following § 47-308.01.
For Law 15-354, see notes following § 47-340.03.
For Law 16-33, see notes following § 47-308.01.
For Law 18-111, see notes following § 47-305.02.
Miscellaneous Notes
Short title of title XIX of Law 15-39: Section 1901 of D.C. Law 15-39 provided that title XIX of the act may be cited as the Transfer of Other-Type Funds Act of 2003.
Short title of subtitle D of title V of Law 15-205: Section 5401 of D.C. Law 15-205 provided that subtitle D of title V of the act may be cited as the Special Purpose Revenue Funds CFO Certification Act of 2004.
(a) For the purposes of this section, the term:
(1) "Fees and Charges" means District revenues, as defined in § 1- 201.03(10), generated from the collection of user fees and charges, licensing fees, and permit fees.
(2) "Other-Type Funds" shall have the same meaning as in § 47-368.01(a), except that the term shall not include reimbursements.
(b) Notwithstanding any other provision of law, including any laws prescribing requirements for a resolution, rulemaking, or publication, Other-Type Funds, and Fees and Charges not otherwise adjusted by any title in the Fiscal Year 2003 Budget Support Amendment Act of 2002, passed on 2nd reading on November 7, 2002 (Enrolled version of Bill 14-892), shall be increased by an average of up to 30% as determined by the Mayor for fiscal year 2003. The increases shall be effective on or before January 1, 2003.
(c) The Mayor may take any additional action as may be necessary to ensure that all adjustments to Other-Type Funds and to Fees and Charges are effective January 1, 2003.
(d) A report of the Mayor's actions shall be delivered to the Council on or before November 22, 2002 and shall at the same time be transmitted for publication in the District of Columbia Register.
(e) On or before November 22, 2002, the Chief Financial Officer of the District of Columbia shall transmit to the Council a report containing the following information:
(1) A list of each fee, fine, and charge, including permit and license fees, imposed by the District of Columbia:
(2) The legislative or regulatory authority for the imposition of each fee, fine, or charge;
(3) The amount levied by the District of Columbia for each individual instance of the fee, fine, or charge;
(4) The cumulative amount collected annually by the District of Columbia for each fee, fine, or charge;
(5) The level to which each fee, fine, or charge would be adjusted to account for inflation; and
(6) The additional amount the District of Columbia would collect each year for each individual fee, fine, or charge, if the fee, fine, or charge were adjusted for inflation.
(June 5, 2003, D.C. Law 14-307, § 1202, 49 DCR 11664.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of section, see §§ 1202(b) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).
For temporary (90 day) addition of section, see § 1202(b) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).
For temporary (90 day) amendment of section, see § 1202(b) of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).
Legislative History of Laws
For Law 14-307, see notes following § 47-368.01.
References in Text
Fiscal Year 2003 Budget Support Amendment Act of 2002, referred to in subsec. (b), is D.C. Law 14-307.
(a) For the purposes of this section, the amount identified in a revenue estimate shall exclude one-time revenue as certified by the Chief Financial Officer of the District of Columbia ("CFO").
(b) [Repealed].
(c) [Repealed].
(d)(1) [Repealed].
(2) [Repealed].
(e)(1) The CFO shall, within 30 days of determination of the annual revenue estimate made in the 4th quarter of a fiscal year, certify the variance from the annual revenue estimate in the approved financial plan and budget for that fiscal year and submit the certification to the Council and the Mayor.
(2) If the variance results in a rate reduction in accordance with subsections (b), (c), or (d) of this section, the Mayor shall publish in the District of Columbia Register the new rate that shall apply.
(f) A rate reduction in accordance with subsections (b), (c), or (d) of this section shall apply as of January 1 of the next fiscal year.
(June 5, 2003, D.C. Law 14-307, § 1802(b), 49 DCR 11664; Dec. 7, 2004, D.C. Law 15-205, § 1233(a)(1), 51 DCR 8441; Apr. 8, 2005, D.C. Law 15-320, § 110(b), 52 DCR 1757; Apr. 13, 2005, D.C. Law 15-354, § 100, 52 DCR 2638; Sept. 19, 2006, D.C. Law 16-161, § 201(a), 53 DCR 5392.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-205 purported to repeal this section.
D.C. Law 15-320 repealed subsec. (d)(1) which had read as follows:
"(d)(1) The rate of tax imposed under §§ 47-2501 and 47-3902 shall be reduced from 11% to 10%, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial and budget plan for that fiscal year by at least $105 million."
D.C. Law 15-354 corrected D.C. Law 15-205 to repeal subsecs. (b) and (c), which had read as follows:
"(b)(1) The rate of tax imposed under §§ 42-1103(a)(1), 42-1103(a)(3), and 47- 903(a)(1) shall be reduced from 1.5% to 1.3% as provided under subsection (f) of this section, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial plan and budget for the fiscal year by at least $75 million.
"(2) If the rate of tax is reduced in accordance with paragraph (1) of this subsection, in any subsequent fiscal year, the rate of tax shall be further reduced from 1.3% to 1.1% as provided in subsection (f) of this section, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial plan and budget for that fiscal year by at least $75 million.
"(3) If the rate of tax is not reduced in accordance with paragraph (1) of this subsection, in any subsequent fiscal year, the rate of tax imposed under §§ 42- 1103(a)(1), 42-1103(a)(3), and 47-903(a)(1) shall be reduced from 1.5% to 1.1%, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial plan and budget for that fiscal year by at least $87 million.
"(4) If the annual revenue estimate made in the 4th quarter of any fiscal year exceeds the annual revenue estimate in the approved financial plan and budget for that fiscal year by at least $92.3 million, § 47-368.01 (b) shall not apply.
"(c)(1) The rate of tax imposed under § 42-1103(a)(2) shall be reduced from 3.0% to 2.6% as provided in subsection (f) of this section, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial plan and budget for that fiscal year by at least $75 million.
"(2) If the rate of tax is reduced in accordance with paragraph (1) of this subsection, in any subsequent fiscal year, the rate of tax shall be further reduced from 2.6% to 2.2% as provided in subsection (f) of this section, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial plan and budget for that fiscal year by at least $75 million.
"(3) If the rate of tax is not reduced in accordance with paragraph (1) of this subsection, in any subsequent fiscal year, the rate of tax imposed under § 42- 1103(a)(2) shall be reduced from 3.0% to 2.2% as provided in subsection (f) of this section, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial plan and budget for that fiscal year by at least $87 million."
D.C. Law 16-161 repealed subsec. (d)(2) which had read as follows:
"(2) The rate of tax imposed under § 47-2501(d-1) shall be reduced from $0.0077 to $0.007, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial plan and budget for that fiscal year by at least $105 million."
Temporary Amendments of Section
Section 2(a) of D.C. Law 16-29, in subsec. (d), rewrote par. (1) and added a sentence to par. (2). Par. (1) reads as follows:
"(1) The rate of tax imposed under § 47-3902 shall be reduced from 11% to 10%, if the annual revenue estimate made in the 4th quarter of a fiscal year exceeds the annual revenue estimate incorporated in the approved financial plan and budget for that fiscal year by at least $ 105 million. This paragraph shall apply as of January 1, 2005 and shall expire on April 8, 2005."
The new sentence in par. (2) reads as follows: "This paragraph shall expire on January 1, 2005.".
Section 4(b) of D.C. Law 16-29 provides that the act shall expire after 225 days of its having taken effect.
Section 2(a) of D.C. Law 16-102 repealed par. (d)(2).
Section 11(b) of D.C. Law 16-102 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition of section, see § 1802(b) of Fiscal Year 2003 Budget Support Amendment Emergency Act of 2002 (D.C. Act 14-544, December 4, 2002, 49 DCR 11700).
For temporary (90 day) addition of section, see § 1802(b) of the Fiscal Year 2003 Budget Support Amendment Congressional Review Emergency Act of 2003 (D.C. Act 15-27, February 24, 2003, 50 DCR 2151).
For temporary (90 day) amendment of section, see § 1802 of Fiscal Year 2003 Budget Support Amendment Second Congressional Review Emergency Act of 2003 (D.C. Act 15-103, June 20, 2003, 50 DCR 5499).
For temporary (90 day) repeal of section, see § 1233(a)(2) of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) allocation of additional revenue in fiscal year 2005, see § 1234 of Fiscal Year 2005 Budget Support Emergency Act of 2004 (D.C. Act 15-486, August 2, 2004, 51 DCR 8236).
For temporary (90 day) repeal of section, see § 1233(a)(2) of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) allocation of additional revenue in fiscal year 2005, see § 1234 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
For temporary (90 day) amendment of section, see § 2 of Telecommunications Taxes Reduction Emergency Act of 2004 (D.C. Act 15-729, January 19, 2005, 52 DCR 1956).
For temporary (90 day) amendment of section, see § 2(a) of Utility Taxes Technical Corrections Emergency Act of 2005 (D.C. Act 16-86, May 18, 2005, 52 DCR 5265).
For temporary (90 day) amendment of section, see § 2(a) of Utility Technical Corrections Congressional Review Emergency Act of 2005 (D.C. Act 16-177, October 4, 2005, 52 DCR 9074).
For temporary (90 day) amendment of section, see § 2(a) of Finance and Revenue Technical Amendments Emergency Amendment Act of 2006 (D.C. Act 16-260, January 26, 2006, 53 DCR 780).
For temporary (90 day) amendment of section, see § 2(a) of Finance and Revenue Technical Amendments Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-361, April 27, 2006, 53 DCR 3619).
For temporary (90 day) amendment of section, see §§ 201(a), 202 of Natural Gas and Home Heating Oil Taxation Relief and Ratepayer Clarification Emergency Act of 2006 (D.C. Act 16-376, May 19, 2006, 53 DCR 4392).
For temporary (90 day) amendment of section, see §§ 201(a) and 202(a)of Natural Gas and Home Heating Oil Taxation Relief and Ratepayer Clarification Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-443, July 21, 2006, 53 DCR 6436).
Legislative History of Laws
For Law 14-307, see notes following § 47-368.01.
Law 15-320, the "Ballpark Omnibus Financing and Revenue", was introduced in Council and assigned Bill No. 15-1028, which was referred to the Committee of Finance and Revenue. The Bill was adopted on first and second readings on November 30, 2004, and December 21, 2004, respectively. Signed by the Mayor on December 29, 2004, it was assigned Act No. 15-717 and transmitted to both Houses of Congress for its review. D.C. Law 15-320 became effective on April 8, 2005.
For Law 15-354, see notes following § 47-340.03.
Law 16-29, the "Utility Taxes Technical Corrections Temporary Act of 2005", was introduced in Council and assigned Bill No. 16-266 and was retained by Council. The Bill was adopted on first and second readings on May 3, 2005, and June 7, 2005, respectively. Signed by the Mayor on July 14, 2005, it was assigned Act No. 16-138 and transmitted to both Houses of Congress for its review. D.C. Law 16-29 became effective on October 18, 2005.
Law 16-161, the "Natural Gas and Home Heating Oil Taxation Relief and Ratepayer Clarification Act of 2006", was introduced in Council and assigned Bill No. 16- 462 which was referred to the Committee on Finance and Revenue. The Bill was adopted on first and second readings on May 2, 2006, and June 6, 2006, respectively. Signed by the Mayor on June 26, 2006, it was assigned Act No. 16-402 and transmitted to both Houses of Congress for its review. D.C. Law 16- 161 became effective on September 19, 2006.
Effective Dates
Section 1233(a)(2) of D.C. Law 15-205, as amended by D.C. Law 15-354, § 100(b), provides: "This subsection shall apply as of August 2, 2004."
Miscellaneous Notes
Section 1234 of D.C. Law 15-205 provides:
"The additional annual revenue certified by the Chief Financial Officer of the District of Columbia which exceeds the annual revenue estimate incorporated in the approved financial plan and budget as of May 14, 2004 shall be allocated and expended in fiscal year 2005 in the following order of priority:
"(1) An amount not to exceed $2 million to the Office of Property Management for the costs of transitional office space;
"(2) An amount not to exceed $1,200,000 to the District of Columbia Public Library for general operations;
"(3) An amount not to exceed $256,000 to the DC Police and Firefighters Retirement & Relief Board for the increased cost of processing retirement hearings and rulings; and
"(4) An amount not to exceed $132,600 for the Police and Fire Clinic for costs associated with processing disability retirement cases."
Applicability: Section 202(a) of D.C. Law 16-161 provides that section 201(a) and (b)(1) through (3) shall apply as of January 1, 2005.
(a) There is established a fund designated as the Commodities Cost Reserve Fund, which shall be a segregated account within the General Fund of the District of Columbia. All funds shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act and 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, but shall be continually available for the uses and purposes set forth in subsection (b) of this section, subject to authorization by Congress in an appropriations act. The Fund shall be administered by the Mayor.
(b) At the end of each fiscal year, the Chief Financial Officer shall transfer into the Fund from the General Fund of the District of Columbia the unobligated and unexpended annual appropriation, identified after the end of the fiscal year, for the District of Columbia's costs for all consumption-driven commodities including electricity, fuel, water, steam, natural gas, postage, telephone, custodial, security, occupancy, and rent. The funds deposited in the Fund shall be used for the unbudgeted expenses caused by unanticipated increases in consumption-driven commodity costs.
(Oct, 20, 2005, D.C. Law 16-33, § 1092(b), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition of section, see § 1092(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For Law 16-33, see notes following § 47-308.01.
Miscellaneous Notes
Short title of subtitle P of title I of Law 16-33: Section 1091 of D.C. Law 16-33 provided that subtitle P of title I of the act may be cited as the Establishment of the Commodities Cost Reserve Fund Act of 2005.
Notwithstanding any other law, excluding funds expressly exempted by the Chief Financial Officer, revenues dedicated by law to specific funds, shall, whenever a portion of those funds is budgeted to pay debt service, first be deposited into the General Fund of the District of Columbia to pay such debt service. After sufficient revenues have been deposited for debt service, any additional revenues shall then be deposited into the specific funds. Any revenues deposited, but unexpended for debt service shall be deposited in the specific funds at the end of the fiscal year.
(Aug. 16, 2008, D.C. Law 17-219, § 7004(b), 55 DCR 7598.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 17-219, see notes following § 47-318.05a.
Miscellaneous Notes
Short title: Section 7003 of D.C. Law 17-219 provided that subtitle B of title VII of the act may be cited as the "Dedicated Tax and Other Type Revenue Debt Service Support Act of 2008".
(a) An agency with grant-making authority shall not issue grants using any funds it receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from any agency that does not have grant-making authority.
(b) Notwithstanding subsection (a) of this section, an agency with grant-making authority may issue grants using any funds it receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from an agency that does not have grant-making authority for purposes of the following:
(1) Effectuating the Hospital and Medical Services Corporation Regulatory Amendment Act of 2009, passed on 4th reading on September 22, 2009 (Enrolled version of Bill 18-203); and
(2) Implementing projects and programs funded by the Nursing Facility Quality of Care Fund, established by § 47-1262.
(Mar. 3, 2010, D.C. Law 18-111, § 1121(b), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Temporary Addition of Section
Section 2 of D.C. Law 18-120 added a section to read as follows:
"Sec. 2. Fiscal Year 2010 limited grant-making authority clarification.
"(a) Notwithstanding any other law, including section 1121 of the Fiscal Year 2010 Budget Support Act of 2009, passed on 4th reading on September 22, 2009 (Enrolled version of Bill 18-203), for Fiscal Year 2010, an agency with grant-making authority may issue grants using any funds it receives through an intra-District transfer, a memorandum of understanding, or a reprogramming from an agency that does not have grant-making authority for purposes of implementing the following projects and programs previously authorized in the Second Fiscal Year 2010 Budget Request Act, signed by the Mayor on August 26, 2009 (D.C. Act 18-188; 56 DCR 7769):
"(1) Corridor improvement along 14th Street, N.W., in Wards 1 and 4 in an amount not to exceed $150,000, which is in the budget of the Deputy Mayor for Planning and Economic Development;
"(2) Clean team services in Ward 1 in an amount not to exceed $1 million, which is in the budget of the Department of Public Works; and
"(3) Green team services to Georgia Avenue and Kennedy Streets in Ward 4 in an amount not to exceed $250,000, which is in the budget of the Deputy Mayor for Planning and Economic Development.
"(b) Notwithstanding any other law, including section 1121 of the Fiscal Year 2010 Budget Support Act of 2009, passed on 4th reading on September 22, 2009 (Enrolled version of Bill 18-203), for Fiscal Year 2010:
"(1) The Deputy Mayor for Planning and Economic Development may issue grants to projects and programs for the ongoing maintenance of the Lincoln Theatre, a District government-owned building, in an amount not to exceed $250,000;
"(2) The Department of Small and Local Business Development may issue grants to projects and programs described in section 2(a);
"(3) The Department of Public Works may issue grants to projects and programs for clean team services in Ward 1 in an amount not to exceed $1 million; and
"(4) The Office of the Secretary of the District of Columbia may issue competitive grants to one or more organizations with a history of promoting voting rights and statehood in the District in an amount not to exceed $150,000.".
Section 4(b) of D.C. Law 18-120 provides that the act shall expire after 225 days of its having taken effect.
Sections 2 to 4 of D.C. Law 18-138 added sections to read as follows:
"Sec. 2. Notwithstanding any other provision of law, all Executive agencies, excluding independent Executive branch agencies, are prohibited from issuing any grants from the General Fund of the District of Columbia, including local funds, special purpose revenue funds, and dedicated taxes, and intra-District funds derived from sources of the General Fund of the District of Columbia in excess of $1 million, except as expressly authorized for a specific project in a statute or in section 4.
"Sec. 3. Notwithstanding any other provision of law, all independent Executive branch agencies are prohibited from issuing any grants in excess of $1 million from funds derived from an intra-District transfer or Memorandum of Understanding.
"Sec. 4. Nothing in this act shall be construed to prohibit the issuing of grants from federal funds, private funds, and any funds from the General Fund of the District of Columbia that are part of the maintenance of effort for a federal grant."
Section 6(b) of D.C. Law 18-138 provides that the act shall expire after 225 days of its having taken effect.
Emergency Act Amendments
For temporary (90 day) addition, see § 1121(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) addition, see § 1121(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
For temporary (90 day) additions, see §§ 2 to 4 of Executive Grant-Making Authority Limitation Emergency Act of 2009 (D.C. Act 18-280, January 13, 2010, 57 DCR 945).
For temporary (90 day) addition of section, see § 7063 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).
Legislative History of Laws
For Law 18-111, see notes following § 47-305.02.
References in Text
The Hospital and Medical Services Corporation Regulatory Amendment Act of 2009, referred to in subsec. (b)(1), is subtitle N of title V of D.C. Law 18-111, §§ 5130, 5131, which amended § 31-3514.02.
Miscellaneous Notes
Short title: Section 1120 of D.C. Law 18-111 provided that subtitle M of title I of the act may be cited as the "Grant-Making Authority Act of 2009".
Short title: Section 7061 of D.C. Law 18-223 provided that subtitle G of title VII of the act may be cited as the "FY 2011 Capital Projects Modification Act of 2010".
Section 7063 of D.C. Law 18-223 provides:
"Sec. 7063. Grant-making authority for Ft. Lincoln and Lincoln Theater capital projects.
"The Deputy Mayor for Planning and Economic Development shall have grant-making authority for the purpose of providing funds to implement capital projects for the Ft. Lincoln and the Lincoln Theater capital projects."
