§ 34–1802. Emergency and Non-Emergency Number Telephone Calling Systems Fund.

(a) There is established as a special fund the Emergency and Non-Emergency Number Telephone Calling Systems Fund ("Fund"), which shall be administered by the Office of Unified Communications in accordance with subsections (c) and (d) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) The assessment imposed under § 34-1803;

(2) The prepaid wireless E911 charge imposed under § 34-1803.02;

(3) The sources identified in § 34-1803.03; and

(4) Such amounts as may be appropriated or deposited into the Fund.

(c) Money in the Fund shall be used to pay for personnel, technology hardware, software and software maintenance, contractual support, outreach, training, supplies, and equipment costs necessary to provide the 911 and 311 systems.

(d) Money in the Fund may not be used to defray:

(1) Non-personnel costs related to overhead, including energy, rentals, janitorial services, security, or occupancy costs; or

(2) Direct costs incurred by wireless carriers in providing wireless E911 service.

(e)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(f) The Mayor shall submit to the Council, as a part of the annual proposed budget and financial plan, a request for an appropriation for expenditures from the Fund.

(g)(1) All revenue and expenditures of the Fund shall be audited annually by the Chief Financial Officer, who shall transmit the results of the annual audit to the Mayor and the Council.

(2) The annual transmittal of the results of the audit to the Mayor and the Council shall include the following:

(A) The assets, liabilities, fund balance, revenue, and expenditures of the Fund;

(B) A detailed accounting of the Fund's expenditures;

(D) Identification of any Fund expenditures that are not permitted under law;

(E) Recommendations to improve the language of the Fund's enabling statute to reflect best practices; and

(F) Any other information considered important for inclusion by the Chief Financial Officer.

(Oct. 19, 2000, D.C. Law 13-172, § 603, 47 DCR 6308; June 5, 2003, D.C. Law 14-307, § 702(a), 49 DCR 11664; Nov. 13, 2003, D.C. Law 15-39, § 502(b), 50 DCR 5668; Dec. 7, 2004, D.C. Law 15-205, § 3222, 51 DCR 8441; Sept. 18, 2007, D.C. Law 17-20, § 3022(a), 54 DCR 7052; Aug. 16, 2008, D.C. Law 17-219, § 3002(a), 55 DCR 7598; Mar. 3, 2010, D.C. Law 18-111, § 3011(a), 57 DCR 181; Sept. 24, 2010, D.C. Law 18-223, §§ 3002(b), 3052, 57 DCR 6242; Sept. 14, 2011, D.C. Law 19-21, §§ 3052, 9052(a)(1), 58 DCR 6226; Sept. 20, 2012, D.C. Law 19-168, § 3042(a), 59 DCR 8025; Oct. 30, 2018, D.C. Law 22-168, § 3022, 65 DCR 9388; Sept. 11, 2019, D.C. Law 23-16, § 3102, 66 DCR 8621.)

Section References

This section is referenced in § 34-1801.

Effect of Amendments

D.C. Law 14-307 rewrote subsec. (d) and added subsec. (e). Prior to amendment, subsec. (d) had read as follows: “(d) All income and expenses of the Fund shall be audited annually by the Mayor. The audit report shall be provided to the Council. The expenses of each audit shall be defrayed by the Fund.”

D.C. Law 15-39 rewrote subsec. (a) which had read as follows: “(a) There is established a fund designated as the Emergency and Non-Emergency Number Telephone Calling Systems Fund, which shall be separate from the General Fund of the District of Columbia and shall be used solely for the purposes set forth in subsection (b) of this section. The Fund shall be funded by user fees imposed under § 34-1803. All fees collected under § 34-1803, and all interest earned on those fees, shall be deposited into the Fund without regard to fiscal year limitation pursuant to an act of Congress. All fees deposited into the Fund shall not revert to 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”.

D.C. Law 15-205 added subsec. (a-1).

D.C. Law 17-20, in subsec. (a), substituted “The Fund shall be funded by a tax imposed under § 34-1803 and from sources identified in § 34-1803.01” for “The Fund shall be funded by a tax imposed under § 34-1803”; and added subsec. (b-1).

D.C. Law 17-219 rewrote subsec. (b-1), which had read as follows: “(b-1) As of October 1, 2009, no more than 10 full-time equivalent employees shall be funded by the Fund. Beginning with the proposed budget for fiscal year 2009, the Mayor shall begin the transition of full-time equivalent employees funded by the Fund so that no more than 10 remain as of October 1, 2009.”

D.C. Law 18-111 added subsec. (b-2).

D.C. Law 18-223, in subsec. (a), substituted “§ 34-1803 and § 34-1803.02” for “§ 34-1803” in two places; and rewrote subsec. (d), which had read as follows: “(d) All income and expenses of the Fund shall be audited annually by the Chief Financial Officer, who shall transmit the audit report to the Mayor and Council. The expenses of the annual audit shall be defrayed by the Fund. The Chief Financial Officer shall also transmit to the Mayor and Council quarterly reports summarizing the income and expenditures of the Fund.”

D.C. Law 19-21, in subsec. (a), deleted “and from sources identified in § 34-1803.01” following “§ 34-1803.02”; and added subsec. (b-3).

The 2012 amendment by D.C. Law 19-168, in (a), added “and from sources identified in § 34-1803.03” in the second sentence, substituted “§ 34-1803, 34-1803.02, and 34-1803.03” for “§ 34-1803 and 34-1803.02” in the third sentence, and added “or be transferred to” in the last sentence.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 3102 of 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) amendment of this section, see § 3102 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).

For temporary (90 days) amendment of this section, see § 8 of Fiscal Year 2019 Revised Local Budget Emergency Adjustment Act of 2019 (D.C. Act 23-75, July 8, 2019, 66 DCR 8078).

For temporary (90 days) amendment of this section, see § 3022 of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) amendment of this section, see § 3022 of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).

For temporary (90-day) addition of section, see § 603 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 of applicability of section, see § 609 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 § 702(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 § 702(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 § 702(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 § 502(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) hiring freeze exemption provisions, see § 503 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 § 502(b) and 503 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 § 3222 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 § 3222 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 § 3022(a) of Fiscal Year 2008 Budget Support Emergency Act of 2007 (D.C. Act 17-74, July 25, 2007, 54 DCR 7549).

For temporary (90 day) amendment of section, see § 3011(a) 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 § 3011(a) 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) amendment of section, see §§ 3002(b), 3052 of Fiscal Year 2011 Budget Support Emergency Act of 2010 (D.C. Act 18-463, July 2, 2010, 57 DCR 6542).

For temporary (90 day) amendment of section, see § 3002 of Fiscal Year 2012 Budget Support Emergency Act of 2011 (D.C. Act 19-93, June 29, 2011, 58 DCR 5599).

For temporary (90 day) amendment of section, see § 3042(a) of Fiscal Year 2013 Budget Support Emergency Act of 2012 (D.C. Act 19-383, June 19, 2012, 59 DCR 7764).

For temporary (90 day) amendment of section, see § 3042(a) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 8 of Fiscal Year 2019 Revised Local Budget Temporary Adjustment Act of 2019 (D.C. Law 23-10, Aug. 24, 2019, 66 DCR 8069).

Delegation of Authority

Delegation of Authority Under Title VI of DC Law 13-172, the “Emergency and Non-Emergency Number Telephone Calling Systems Fund Act of 2000”, see Mayor’s Order 2001-40, March 22, 2001 ( 48 DCR 3440).