(a)(1) There is established a trust fund designated as the Tobacco Settlement Trust Fund ("Fund"), to which shall be credited, without regard to fiscal year limitation:
(A) All revenue owed and accruing to the District from the payments under the tobacco litigation settlement agreement entered into on November 23, 1998 by the District of Columbia and leading United States tobacco product manufacturers ("Settlement Agreement"), except:
(i) The first $16.05 million recognized as general fund revenue and already included in the base budget in Fiscal Year 2000;
(ii) All payments under the Settlement Agreement sold to the District of Columbia Tobacco Settlement Financing Corporation under § 7-1831.02; and
(iii) All payments under the Residual Bond sold to the District of Columbia Tobacco Settlement Financing Corporation under § 7-1831.02;
(B) If the Residual Bond has not been sold by the Fund, all payments received with respect to the Residual Interest, as the term is defined in § 7- 1831.01(7);
(B-i) If the Residual Bond has been sold by the Fund, all payments received under the Remainder Certificate, if any; and
(C) All other funds which are directed to be deposited into the Fund by law, which shall include funds to be deposited into a Reservation 13 Benefit Area ("R13BA") Health Care account ("R13BA fund") pursuant to Chapter 15 of Title 10.
(2) The Fund shall be continuing. Revenues deposited into the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available, subject to authorization by Congress in an appropriations act.
(b) The Fund shall be managed by the Board of Trustees of the Tobacco Settlement Trust Fund established under § 7-1811.02.
(c) The Fund shall have the power to indemnify or insure members of the board and officers of the Fund as it determines appropriate.
(Oct. 20, 1999, D.C. Law 13-38, § 2302, 46 DCR 6373; Oct. 19, 2000, D.C. Law 13-172, § 3721(a), 47 DCR 6308; Apr. 11, 2003, D.C. Law 14-300, § 7(b)(1), 50 DCR 406; Feb. 6, 2004, D.C. Law 15-69, § 3(a), 50 DCR 9824; Apr. 13, 2005, D.C. Law 15-354, § 89(b), 52 DCR 2638; July 25, 2006, D.C. Law 16-142, § 2(a), 53 DCR 4412; Mar. 25, 2009, D.C. Law 17-353, § 119, 56 DCR 1117.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 13-172 rewrote this section, which previously read:
"Establishment of Tobacco Settlement Trust Fund.
" (a) There is established within the General Fund of the District of Columbia, a trust fund designated as the Tobacco Settlement Trust Fund ('Fund'), to which shall be credited, without regard to fiscal year limitation, all revenue owed and accruing to the District from the proceeds of the tobacco litigation settlement, except for the first $16.05 million recognized as general fund revenue and already included in the base budget in FY 2000, and except for the second $16.05 million which is allocated first to the reserve to replace funds allocated from the reserve to the fund pursuant to title XX of this act. The Fund shall be continuing. Revenues deposited into the Fund shall not revert to the General Fund at the end of any fiscal year or at any other time, but shall be continually available, subject to authorization by Congress in an appropriations act.
"(b) Tobacco settlement monies received, or deposited into the Fund shall be used for the purposes set forth in legislation adopted by the Council."
D.C. Law 14-300, in subsec. (a)(1)(C), substituted "by law, which shall include funds to be deposited into a Reservation 13 Benefit Area ('R13BA') Hospital account or R13BA Health Care account (collectively, 'R13BA funds') pursuant to Chapter 15 of Title 10" for "by law."
D.C. Law 15-69, in subpar. (1)(C) of subsec. (a), substituted "Health Care account ('R13BA fund)" for "Hospital account or R13BA Health Care account (collectively, 'R13BA funds')", and made a technical correction that required no change in the text.
D.C. Law 15-354, in subsec. (a)(1)(C), validated a previously made technical correction.
D.C. Law 16-142, in subpar. (a)(1)(A)(i), substituted a semicolon for "; and"; in subpar. (a)(1)(A)(ii), substituted "§ 7-1831.02; and" for "§ 7- 1831.02;"; added subpars. (a)(1)(A)(iii) and (a)(1)(B-i); added subsec. (c); and rewrote subpar. (a)(1)(B), which had read as follows:
(B)" All payments received with respect to the Residual Interest, as the term is defined in § 7-1831.01(7); and"
D.C. Law 17-353 validated a previously made technical correction in subsec. (a)(1)(B).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(d)(1) of Draft Master Plan for Public Reservation 13 Temporary Amendment Act of 2003 (D.C. Law 15-3, May 3, 2003, law notification 50 DCR 3783).
Emergency Act Amendments
For temporary (90-day) addition of section, see § 2302 of the Service Improvement and Fiscal Year 2000 Budget Support Emergency Act of 1999 (D.C. Act 13-110, July 28, 1999, 46 DCR 6320).
For temporary (90-day) amendment of section, see § 3721(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90-day) authorization for use of fund for certain bonus payments, see § 2 of the Funding for Compensation Units 1 and 2 Bonus Payment Authorization Emergency Act of 1999 (D.C. Act 13-211, December 14, 1999, 46 DCR 10476).
For temporary (90 day) amendment of section, see § 3721(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) amendment of section, see § 2(d)(1) of Draft Master Plan for Public Reservation 13 Emergency Amendment Act of 2003 (D.C. Act 15-13, January 27, 2003, 50 DCR 1488).
For temporary (90 day) amendment of section, see § 3(a) of Draft Master Plan for Public Reservation 13 Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-273, December 18, 2003, 51 DCR 40).
Legislative History of Laws
Law 13-38, the "Service Improvement and Fiscal Year 2000 Budget Support Act of 1999," was introduced in Council and assigned Bill No. 13-161, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 11, 1999, and June 22, 1999, respectively. Signed by the Mayor on July 8, 1999, it was assigned Act No. 13-111 and transmitted to both Houses of Congress for its review. D.C. Law 13-38 became effective on October 20, 1999.
Law 13-172, the "Fiscal Year 2001 Budget Support Act of 2000," was introduced in Council and assigned Bill No. 13-679, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 18, 2000, and June 6, 2000, respectively. Signed by the Mayor on June 26, 2000, it was assigned Act No. 13-375 and transmitted to both Houses of Congress for its review. D.C. Law 13-172 became effective on October 19, 2000.
Law 14-300, the "Draft Master Plan for Public Reservation 13 Approval Act of 2002", was introduced in Council and assigned Bill No. 14-648, which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on November 7, 2002, and December 3, 2002, respectively. Signed by the Mayor on January 7, 2003, it was assigned Act No. 14-576 and transmitted to both Houses of Congress for its review. D.C. Law 14-300 became effective on April 11, 2003.
Law 15-69, the "Draft Master Plan For Public Reservation 13 Amendment Act of 2003", was introduced in Council and assigned Bill No. 15-24, which was referred to Committee of the Whole. The Bill was adopted on first and second readings on July 8, 2003, and October 7, 2003, respectively. Signed by the Mayor on October 24, 2003, it was assigned Act No. 15-198 and transmitted to both Houses of Congress for its review. D.C. Law 15-69 became effective on February 6, 2004.
For Law 15-354, see notes following § 7-1803.07.
Law 16-142, the "Tobacco Settlement Trust Fund and Tobacco Settlement Financing Amendment Act of 2006", was introduced in Council and assigned Bill No. 16-605 which was referred to the Committee on the Whole. The Bill was adopted on first and second readings on April 4, 2006, and May 2, 2006, respectively. Signed by the Mayor on May 19, 2006, it was assigned Act No. 16-383 and transmitted to both Houses of Congress for its review. D.C. Law 16-142 became effective on July 25, 2006.
For Law 17-353, see notes following § 7-161.
Miscellaneous Notes
Section 2301 of D.C. Law 13-38 provides:
"This title may be cited as the 'Tobacco Settlement Trust Fund Establishment Act of 1999'."
(a) The Board of Trustees of the Tobacco Settlement Trust Fund ("Board") is established as an independent agency of the District government. The Board shall consist of 3 members. One member shall be appointed by the Council. The other 2 members shall be nominated by the Mayor and approved by the Council and one of those 2 members shall be nominated by the Mayor as chairperson. Within 90 calendar days after October 19, 2000, or 180 days after the date of a vacancy, the Mayor shall transmit to the Council, for a 90-day period of review, excluding days of Council recess, the nominations to the Board. If the Council does not approve a nomination by resolution within the 90-day period, the nomination shall be deemed disapproved.
(b)(1) Except as provided in paragraph (2) of this subsection, the members of the Board shall each serve a term of 4 years, except that a member selected to fill a vacancy occurring before the end of the term for which his predecessor was selected shall only serve until the end of the term. A member may serve after the expiration of his term until his successor has taken office.
(2) The member of the Board first selected by the Council shall serve for a term of 2 years. As determined by the Mayor in his initial nominations, of the members of the Board who are first selected from his nominees, one shall serve for a term of 3 years and one shall serve for a term of 4 years.
(3) An individual shall not serve more than 2 terms as a member of the Board, except that an individual serving less than 2 years of a term to which some other individual was originally selected shall be eligible for an additional 2 full terms as a member of the Board and an individual serving 2 years or more of a term to which some other individual was originally selected shall be eligible for only one additional full term as a member of the Board.
(4) A member of the Board shall not have any personal interest, direct or indirect, in a transaction involving assets of the Fund.
(c) Subject to the availability of appropriations for that purpose, each member of the Board shall be entitled to receive the hourly equivalent of the annual rate of compensation effect for the highest step of grade DS-15 under Chapter 6 of Title 1, for each hour that the member is engaged in the actual performance of duties vested in the Board, except that a member of the Board who is a full-time officer or employee of the District of Columbia or the United States shall not be entitled to receive compensation under this subsection for performance of duties vested in the Board during the employee's regularly scheduled working hours, and the total amount to which a member may be entitled under this subsection during a fiscal year may not exceed $5,000.
(d) Once funds are deposited into the Fund, the Board shall meet at least once each calendar year at a regular and specified time. It shall meet at such other times as the Chairperson may prescribe. Actions of the Board shall be determined by a majority vote of the members.
(e)(1) All administrative expenses incurred by the Board in administering the Fund, including compensation for the members of the Board, shall be paid out of funds appropriated for such purpose.
(2) The budget prepared and submitted by the Mayor under § 47-301.01 shall include recommended expenditures at a reasonable level for the forthcoming fiscal year for the administrative expenses of the Board, except that the recommended expenditures for the administrative expenses for Fiscal Year 2004 shall not exceed $10,000.00.
(f)(1) Subject to appropriations, the Board may engage the services of investment counsel, who shall be either: (A) registered under title 11 of An Act to provide for the registration and regulation of investment companies and investment advisers (54 Stat. 847; 15 U.S.C. § 80b-I et seq.) ("Investment Advisers Act of 1940"); (B) a bank, as defined in the Investment Advisers Act of 1940; or (C) an insurance company qualified to perform investment advisory services under the laws of more than one state. The investment counsel shall be a fiduciary with respect to services rendered to the Board. The fiduciary relationship shall be specified in a written agreement.
(2) Subject to appropriations, the Board may appoint staff it considers necessary or convenient to carry out its functions. Staff appointed by the Board shall be subject to Chapter 6 of Title 1.
(g)(1) The Board shall have the authority to enter into contracts with the governments of the District of Columbia and the United States and other public and private entities to the extent necessary to carry out its responsibilities.
(2) The Board shall issue proposed rules governing the procurement of goods and services under the authority granted in paragraph (1) of this subsection. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.
(3) The Board may adopt, amend, repeal, and enforce bylaws or other operating procedures as appropriate in accordance with District laws.
(h)(1) In addition to an investment otherwise authorized by law, and without restriction to investments a fiduciary may make, the Board, subject to any specific limitations set forth in this section or applicable law other than law relating to investments a fiduciary may make, may invest and reinvest the funds of the Fund in any real or personal property deemed advisable by the Board, including mortgages, stocks, bonds, debentures, and other securities of profit or nonprofit corporations, shares in or obligations of associations, partnerships, or individuals, and obligations of any government or subdivision or instrumentality thereof.
(2) The Board shall submit reports of the investment performance of and financial transactions related to the Fund to the Council within 90 days after the end of the fiscal year, including a listing of the assets of the Fund, the earnings of each asset of the Fund, the value of each asset of the Fund at the beginning and end of the fiscal year, and the investment strategy of the Fund, including any proposed changes.
(Oct. 20, 1999, D.C. Law 13-38, § 2302a, as added Oct. 19, 2000, D.C. Law 13-172, § 3721(b), 47 DCR 6308; June 5, 2003, D.C. Law 14-307, § 402(a), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 1504(a), 50 DCR 5668; Oct. 20, 2005, D.C. Law 16-33, § 1036, 52 DCR 7503; July 25, 2006, D.C. Law 16- 142, § 2(b), 53 DCR 4412.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 15-39, in subsec. (e)(2), substituted "Fiscal Year 2004 shall not exceed $10,000." for "fiscal year 2003 shall not exceed $1,000."
D.C. Law 14-307 rewrote subsec. (e)(2); in subsec. (g), added par. (3); and rewrote subsec. (h)(2). Prior to amendment, subsecs. (e)(2) and (h)(2) had read as follows:
"(2) The budget prepared and submitted by the Mayor under § 1-204.42 of the District of Columbia Official Code shall include recommended expenditures at a reasonable level for the forthcoming fiscal year for the administrative expenses of the Board."
"(2) The Board shall submit a report of the investment performance of the Fund to the Council within 90 days after the end of the fiscal year, including a listing of the assets of the Fund, the earnings of each asset of the Fund, the value of each asset of the Fund at the beginning and end of the fiscal year, and the investment strategy of the Fund, including any proposed changes."
D.C. Law 16-33, in subsec. (d), substituted "Once funds are deposited into the Fund, the Board shall meet" for "The Board shall meet".
D.C. Law 16-142, in subsec. (d), substituted "year" for "quarter".
Emergency Act Amendments
For temporary (90-day) addition of section, see § 3721(b) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 3721(b) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) amendment of section, see § 402(a) 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) amendment of section, see § 402(a) 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 § 402(a) 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 § 1504(a) 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 § 1504(a) 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 § 1036 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 13-38, see notes following § 7-1811.01.
For Law 13-172, see notes following § 7-1811.01.
For Law 14-307, see notes following § 7-225.
For Law 15-39, see notes following § 7-732.
For Law 16-33, see notes following § 7-733.01.
For Law 16-142, see notes following § 7-1811.01.
Miscellaneous Notes
Section 1505 of D.C. Law 15-39 provides:
"Sec. 1505. Applicability.
"Section 1504(a) shall apply as of October 1, 2003."
Short title of subtitle H of title I of Law 16-33: Section 1035 of D.C. Law 16-33 provided that subtitle H of title I of the act may be cited as the Tobacco Settlement Trust Fund Board of Trustees Meetings Amendment Act of 2005.
(a)(1) Beginning in Fiscal Year 2001, the funds which shall be appropriated and deposited in the Fund shall be allocated and used as provided in subsection (b) of this section.
(2) Within 15 business days of the sale of the District's right in and to the Master Settlement Agreement to the District of Columbia Tobacco Financing Settlement Corporation under § 7-1831.02, the Chief Financial Officer shall certify, for each year, the debt service savings that the District will achieve as a result of the sale.
(3) Beginning in Fiscal Year 2002, the Chief Financial Officer shall certify to the Council that the Mayor has included in the budget and financial plan the transfer to the Fund in the amount of the savings for that year.
(4) The amount of the savings which are appropriated for deposit into the Fund shall be deposited into the Fund in equal quarterly installments which shall be paid at the end of each quarter of the fiscal year.
(b) The funds of the Fund shall be used as follows:
(1) Fifty percent of the sum of the residual interest plus the annual savings from debt defeasance or prepayment shall be spent for purposes specified in local law;
(2) Fifty percent of the sum of the residual interest plus the annual savings from debt defeasance or prepayment shall be invested by the Board in accordance with the standards of § 7-1811.02(h)(1);
(3) All of the investment earnings of the Fund shall be reinvested by the Board in accordance with the standards of § 7-1811.02(h)(1);
(4) Any funds not spent in accordance with paragraph (1) of this subsection shall be invested in accordance with paragraph (2) of this subsection;
(5)(A) All residual funds accumulated from fiscal years 2001 and 2002 shall be allocated to the General Fund during Fiscal Year 2003. Beginning October 1, 2002 through September 30, 2004, 100% of the residual shall be spent for purposes specified in local law. For Fiscal Year 2003, 100% of the residual shall be transferred to the General Fund, and 100% of the annual savings from debt defeasance and prepayment, after being reduced by $1 million to be allocated to the General Fund, shall be allocated to the Medicaid and Special Education Reform Fund ("Reform Fund") established by § 4-204.53. For Fiscal Year 2004, 100% of the residual shall be transferred to the General Fund, and 100% of the annual savings from debt defeasance and prepayment shall be allocated to the Reform Fund. Funds deposited in the Reform Fund shall be disbursed to the Department of Human Services, the Child and Family Services Agency, the Department of Mental Health, the Department of Health, and the District of Columbia Public Schools only for spending pressures associated with the Medicaid, Medicare, Foster Care and Adoption Assistance, and Special Education programs and in accordance with § 4-204.55. For fiscal year 2005, 100% of the residual and 100% of the annual savings from debt defeasance and prepayment shall be transferred to the General Fund. Commencing in fiscal year 2006, 100% of the residual (unless the Residual Bond has been sold) and 100% of the annual savings from debt defeasance and prepayment shall be transferred to the General Fund. Unless the Residual Bond has been sold by the Fund, the Council may direct all or a portion of the residual to be transferred to the Fund.
(B) For the purposes of this paragraph, the term:
(i) "Foster Care and Adoption Assistance" means the programs authorized by Part E of Title IV of the Social Security Act, approved June 17, 1980 (94 Stat. 501; 42 U.S.C. § 670 et seq.).
(ii) "Medicaid" means the medical assistance programs authorized by Title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. § 1396 et seq.), or by § 1-307.02, and administered by the Department of Health.
(iii) "Medicare" means the health insurance programs authorized by Title XVIII of the Social Security Act, approved July 30, 1965 (79 Stat. 290; 42 U.S.C. § 1395 et seq.).
(iv) "Special Education" means services provided under § 38-2501 to students who are classified as having a disability, as defined in section 101(a)(1) of the Individuals with Disabilities Education Act, approved April 13, 1970 (84 Stat. 175; 20 U.S.C. § 1401(a)(1)), or in section 7(8) of the Rehabilitation Act of 1973, approved September 26, 1973 (87 Stat. 359; 29 U. S.C. § 706(8)).
(6) Beginning October 1, 2002, $16,627,000 of programming funds shall be reinvested by the Board.
(7) If the Residual Bond has been sold by the Fund, 100% of the residual shall be payable to the Corporation for so long as the Bonds issued to purchase the Residual Bond are Outstanding.
(c) The R13BA fund, including all accrued interest, shall be used as follows:
(1) To fund infrastructure improvements related to a proposed development within the R13BA;
(2) To provide health care to the uninsured residents of the District; and
(3) For administrative support in the provision of health care to the uninsured.
(d) For the purpose of financing the costs of the National Capital Medical Center, healthcare related issues, or other capital projects, and repayment of outstanding indebtedness issued for certain capital projects and other undertakings of the District, the Fund may sell to the Corporation all of the Fund's right, title, and interest in and to the Residual Bond, including all the moneys, and any interest thereon, payable to or received by the Fund, in exchange for:
(1) A cash payment in the amount of the net sales proceeds of the Bonds (other than the Residual Bond); and
(2) The Remainder Certificate, if any.
(e) Subject to the authorization and restrictions of this subchapter, the terms and conditions of the Residual Bond Purchase Agreement shall be determined by the Mayor, which determination shall be conclusively evidenced by his execution of the Residual Bond Purchase Agreement. The Mayor may execute and deliver any administrative or other documents or agreements that are necessary or desirable relating to the sale of the Fund's right, title, and interest in and to the Residual Bond or in connection with the issuance of the Bonds. Proceeds from the sale of the Bonds and other moneys received by the Corporation pursuant to the Residual Bond Purchase Agreement shall be used to repay certain outstanding indebtedness of the District, to finance or refinance the National Capital Medical Center, healthcare related issues, or other capital projects or undertakings of the District, to pay costs of issuance of the Bonds, to establish and fund reserve funds, and to pay other expenses and fees related to the issuance of the Bonds.
(Oct. 20, 1999, D.C. Law 13-38, § 2303b, as added Oct. 19, 2000, D.C. Law 13-172, § 3721(c), 47 DCR 6308; Oct. 1, 2002, D.C. Law 14-190, § 702, 49 DCR 6968; Apr. 11, 2003, D.C. Law 14-300, § 7(b)(2), 50 DCR 406; June 5, 2003, D.C. Law 14-307, § 402(b), 49 DCR 11664; June 12, 2003, D.C. Law 14- 310, § 5, 50 DCR 1092; Nov. 13, 2003, D.C. Law 15-39, § 1504(b), 50 DCR 5668; Feb. 6, 2004, D.C. Law 15-69, § 3(b), 50 DCR 9824; Mar. 13, 2004, D.C. Law 15-105, § 46, 51 DCR 881; Dec. 7, 2004, D.C. Law 15-205, § 5102, 51 DCR 8441; July 25, 2006, D.C. Law 16-142, § 2(c), 53 DCR 4412.)
HISTORICAL AND STATUTORY NOTES
Effect of Amendments
D.C. Law 14-190, in subsec. (b), made nonsubstantive changes to pars. (3) and (4), and added pars. (5) and (6).
D.C. Law 14-300 added subsec. (c).
D.C. Law 14-307, in subsec. (b), rewrote the introductory language of subpar. (5)(A), and rewrote sub-subpars. (5)(A)(i) and (5)(A)(ii) which had read as follows:
"(5)(A) Beginning October 1, 2002 through September 30, 2004, 100% of the residual shall be spent for purposes specified in local law and 100% of the annual savings from debt defeasance or prepayment shall be allocated to the Department of Human Services, the Child and Family Services Agency, and the District of Columbia Public Schools, for spending pressures generated by the Medicaid and Special Education programs providing the following:
"(i) No such funds shall be made available for expenditure to the Department of Human Services or the Child and Family Services Agency unless by no later than December 31, 2002, the Director of the Office of Medicaid Public Provider Operations Reform submits to the Mayor a savings plan certified by the Chief Financial Officer. The plan shall commence no later than October 1, 2003, and generate savings comparable to the funds allocated to the Medicaid program from the annual savings in Fiscal Year 2003.
"(ii) No such funds shall be made available for expenditure to the District of Columbia Public Schools unless, by no later than December 31, 2002, the District of Columbia Public Schools submits to the Special Education Task Force a savings plan certified by the Chief Financial Officer. The Special Education Task Force shall include the Mayor, the Chair of the Committee on Education, Libraries and Recreation for the Council of the District of Columbia, the Chair of the Committee on Finance and Revenue for the Council of the District of Columbia, the Chief Financial Officer, the President of the District of Columbia Board of Education, the Superintendent of the District of Columbia Public Schools, the State Education Officer of the District of Columbia, the Deputy Mayor for Children, Youth, Families and Elders, the Chief Financial Officer for the District of Columbia Public Schools, and others to be determined by Mayor's Order. Members of the Council's Committee on Education, Libraries, and Recreation shall serve ex officio (non-voting) on the Special Education Task Force. The plan shall commence no later than October 1, 2003, and generate savings comparable to the funds allocated to special education programs from the annual savings in Fiscal Year 2003."
D.C. Law 14-310 made a technical correction which did not change the text.
D.C. Law 15-39 rewrote subsec. (b)(5) which had read as follows:
"(5)(A) All residual funds accumulated from fiscal years 2001 and 2002 shall be allocated to the General Fund during fiscal year 2003. In addition, beginning October 1, 2002 through September 30, 2004, 100% of the residual shall be spent for purposes specified in local law, and 100% of the annual savings from debt defeasance or prepayment, after being reduced by $1,000,000 to be allocated to the General Fund, shall be allocated to the Department of Human Services, the Child and Family Services Agency, Department of Mental Health, Department of Health, and the District of Columbia Public Schools, for spending pressures associated with the Medicaid, Medicare, Title IV, Part E of the Social Security Act (42 U.S.C. § 674(a)) and Special Education programs, provided the following:
"(i) No such funds from annual savings described above shall be made available for expenditure to the Department of Human Services or the Child and Family Services Agency unless by no later than December 31, 2002, the Director of the Office of Medicaid Public Provider Operations Reform submits to the Mayor a savings plan certified by the Chief Financial Officer. The plan shall commence no later than October 1, 2003, and generate savings comparable to the funds allocated to the Medicaid program from the annual savings in Fiscal Year 2003.
"(ii) No such funds from annual savings described above shall be made available for expenditure to the District of Columbia Public Schools unless, by no later than December 31, 2002, the District of Columbia Public Schools submits to the Special Education Task Force a savings plan certified by the Chief Financial Officer. The Special Education Task Force shall include the Mayor, the Chair of the Committee on Education, Libraries and Recreation for the Council of the District of Columbia, the Chair of the Committee on Finance and Revenue for the Council of the District of Columbia, the Chief Financial Officer, the President of the District of Columbia Board of Education, the Superintendent of the District of Columbia Public Schools, the State Education Officer of the District of Columbia, the Deputy Mayor for Children, Youth, Families and Elders, the Chief Financial Officer for the District of Columbia Public Schools, and others to be determined by Mayor's Order. Members of the Council's Committee on Education, Libraries, and Recreation shall serve ex officio (non-voting) on the Special Education Task Force. The plan shall commence no later than October 1, 2003, and generate savings comparable to the funds allocated to special education programs from the annual savings in Fiscal Year 2003.
"(ii) No such funds from annual savings described above from annual savings described above shall be made available for expenditure to the District of Columbia Public Schools unless, by no later than December 31, 2002, the District of Columbia Public Schools submits to the Special Education Task Force a savings plan certified by the Chief Financial Officer. The Special Education Task Force shall include the Mayor, the Chair of the Committee on Education, Libraries and Recreation for the Council of the District of Columbia, the Chair of the Committee on Finance and Revenue for the Council of the District of Columbia, the Chief Financial Officer, the President of the District of Columbia Board of Education, the Superintendent of the District of Columbia Public Schools, the State Education Officer of the District of Columbia, the Deputy Mayor for Children, Youth, Families and Elders, the Chief Financial Officer for the District of Columbia Public Schools, and others to be determined by Mayor's Order. Members of the Council's Committee on Education, Libraries, and Recreation shall serve ex officio (non-voting) on the Special Education Task Force. The plan shall commence no later than October 1, 2003, and generate savings comparable to the funds allocated to special education programs from the annual savings in Fiscal Year 2003.
"(B) Beginning 3 months following the commencement of the plan or no later than January 2, 2004, the Mayor and the Special Education Task Force shall provide the Council with quarterly reports on the progress made by the Department of Human Services, the Child and Family Services Agency, and the District of Columbia Public Schools, in reducing costs associated with the Medicaid and special education programs; and"
D.C. Law 15-69 rewrote subsec. (c) which had read as follows:
"(c) The R13BA funds, including all accrued interest, shall be used as follows:
"(1) To construct and maintain a public full-service hospital within the R13BA;
"(2) To provide health care to the uninsured residents of the District;
"(3) For administrative support in the provision of health care to the uninsured; and
"(4) For costs relating to an annual audit of expenditures."
D.C. Law 15-105, in subsec. (b)(4), validated a previously made technical correction.
D.C. Law 15-205, in subpar. (A) of par. (5) of subsec. (b), added at the end "For fiscal years 2005 through 2008, 100% of the residual and 100% of the annual savings from debt defeasance and prepayment shall be transferred to the General Fund."
D.C. Law 16-142, in subpar. (b)(5)(A), substituted "For fiscal year 2005," for "For fiscal years 2005 through 2008," and added "Commencing in fiscal year 2006, 100% of the residual (unless the Residual Bond has been sold) and 100% of the annual savings from debt defeasance and prepayment shall be transferred to the General Fund. Unless the Residual Bond has been sold by the Fund, the Council may direct all or a portion of the residual to be transferred to the Fund." to the end; and added par. (b)(7) and subsecs. (d) and (e).
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(d)(2) of Draft Master Plan for Public Reservation 13 Temporary Amendment Act of 2003 (D.C. Law 15-3, May 3, 2003, law notification 50 DCR 3783).
Emergency Act Amendments
For temporary (90-day) addition of section, see § 3721(c) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 3721(c) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13- 438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) amendment of section, see § 702 of Fiscal Year 2003 Budget Support Emergency Act of 2002 (D.C. Act 14-453, July 23, 2002, 49 DCR 8026).
For temporary (90 day) amendment of section, see § 402(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) amendment of section, see § 2(d)(2) of Draft Master Plan for Public Reservation 13 Emergency Amendment Act of 2003 (D.C. Act 15-13, January 27, 2003, 50 DCR 1488).
For temporary (90 day) amendment of section, see § 402(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 § 402(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 § 1504(b) 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 § 1504(b) 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 § 3(b) of Draft Master Plan for Public Reservation 13 Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-273, December 18, 2003, 51 DCR 40).
For temporary (90 day) amendment of section, see § 5102 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 § 5102 of Fiscal Year 2005 Budget Support Congressional Review Emergency Act of 2004 (D.C. Act 15-594, October 26, 2004, 51 DCR 11725).
Legislative History of Laws
For Law 13-172, see notes following § 7-1811.01.
Law 14-190, the "Fiscal Year 2003 Budget Support Act of 2002", was introduced in Council and assigned Bill No. 14-609, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 7, 2002, and June 4, 2002, respectively. Signed by the Mayor on July 3, 2002, it was assigned Act No. 14-403 and transmitted to both Houses of Congress for its review. D.C. Law 14-190 became effective on October 1, 2002.
For Law 14-300, see notes following § 7-1811.01.
For Law 14-307, see notes following § 7-225.
Law 14-310, the "Criminal Code and Miscellaneous Technical Amendments Act of 2002", was introduced in Council and assigned Bill No. 14-954, which was referred to the Committee on Whole. The Bill was adopted on first and second readings on December 3, 2002, and December 17, 2002, respectively. Signed by the Mayor on January 22, 2003, it was assigned Act No. 14-622 and transmitted to both Houses of Congress for its review. D.C. Law 14-310 became effective on June 12, 2003.
For Law 15-39, see notes following § 7-732.
For Law 15-69, see notes following § 7-1811.01.
For Law 15-105, see notes following § 7-136.
For Law 15-205, see notes following § 7-503.03.
For Law 16-142, see notes following § 7-1811.01.
Miscellaneous Notes
Short title of title VII of Law 14-190: Section 701 of D.C. Law 14-190 provided that title VII of the act may be cited as the Tobacco Settlement Savings Fund Amendment Act of 2002.
Short title of subtitle A of title V of Law 15-205: Section 5101 of D.C. Law 15-205 provided that subtitle A of title V of the act may be cited as the Tobacco Trust Fund Amendment Act of 2004.
