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Current through October 23, 2012
(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.
