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Fee Collection Incentive Act of 1999
Bill 13-40

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Councilmember Carol Schwartz

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To provide incentives for District of Columbia government agencies that collect local non-tax revenues to become more efficient in these functions, by requiring that a limited amount of supplementary revenues collected by an agency over the greater of the average agency revenues collected in the previous 3 fiscal years or the agency revenue estimate for the base year be returned to that agency's budget for its operations by deposit in a newly created Fee Collection Incentive Fund.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Fee Collection Incentive Act of 1999".

Sec. 2. Definitions.

For the purposes of this act, the term:

(1) "Agency" means any District agency involved in the collection of local non-tax revenues on behalf of the District.

(2) "Base year" means the fiscal year in which supplementary revenue collected by an agency.

(3) "Credit" means the return of a certain percentage of supplementary revenue collected by an agency to the operating budget of that agency.

(4) "Disbursal year" means the second fiscal year after the base year, in which a percentage of the supplementary revenue collected by an agency is disbursed to that agency after first being deposited in the Fee Collection Incentive Fund.

(5) "District" means the District of Columbia government.

(6) "Supplementary revenue" means all monies, from any source derived, except monies credited to dedicated accounts established prior to the enactment of this act for a specific and limited purpose, which in fact exceed the greater of an agency's average revenues for the past 3 fiscal years or the agency's revenue estimate for the base year.

Sec. 3. Establishment of the Fee Collection Incentive Fund.

(a) There is established a Fee Collection Incentive Fund ("Fund") to be operated by the Chief Financial Officer of the District.

(b) The monies in the Fund shall not be a part of, nor lapse into, the General Fund of the District, except as provided in section 5.

(c) As of October 1, 1999, 5% of all supplementary revenue collected by a District agency over the greater of an agency's average revenue for the past 3 fiscal years, or the agency's revenue estimate for the base year, shall be earmarked for credit to the agency and transferred to the Fund on an annual basis at the beginning of the disbursal year.

Sec. 4. Return of supplementary revenue.

(a) The Mayor shall credit to an agency 5% of all supplementary revenue collected by the agency over the average revenue collected by that agency in the past 3 fiscal years for use in the agency's base year appropriations operations budget; provided, however, that such supplementary revenue shall not be used by the agency for employee bonuses, and any expenditure of funds shall directly enhance the agency's efficiency by supporting equipment, technology, training, or new personnel.

(b) The credit shall be made to the Fund.

(c) The credit shall supplement, but not replace or diminish, appropriated District funds, subject to the Congressional appropriations process, that would normally be directed to the agency.

Sec. 5. Transfer of excess cash.

If, at the end of the disbursal year, the balance of monies in the Fund exceeds the amount required by the agency or is otherwise unexpended by the agency, the excess funds shall be transferred, in cash, to the General Fund of the District.

Sec. 6. Fiscal impact.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).

Sec. 7. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47-392.3(a)), a 30-day period of Congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1- 233(c)(1)), and publication in the District of Columbia Register.

(b) This act shall expire 2 years after its effective date.

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