D.C. Law 21-143. Repeal of Outdated and Unnecessary Audit Mandates Amendment Act of 2016.

AN ACT

To amend various acts to repeal outdated and unnecessary mandates for audits and other reports required of the District of Columbia Auditor.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Repeal of Outdated and Unnecessary Audit Mandates Amendment Act of 2016".

Sec. 2. The Compliance Unit Establishment Act of 2008, effective June 13, 2008 (D.C. Law 17-176; D.C. Official Code § 1-301.181 et seq.), is amended as follows:

(a) Section 2 (D.C. Official Code § 1-301.181) is amended as follows:

(1) Subsection (b) is amended as follows:

(A) Paragraph (1) is repealed.

(B) Paragraph (3) is amended by striking the phrase "sections 2350 and 2353" and inserting the phrase "section 2353" in its place.

(2) Subsection (c) is repealed.

(3) Subsection (d) is repealed.

(b) Section 3 (D.C. Official Code § 1-301.182) is amended as follows:

(1) Subsection (a) is repealed.

(2) Subsection (b) is repealed.

(3) Subsection (c) is amended by striking the phrase "sections 2350 and 2353" and inserting the phrase "section 2353" in its place.

(c) Section 4 (D.C. Official Code § 1-301.183) is repealed.

(d) Section 4a (D.C. Official Code § 1-301.184) is amended as follows:

(1) Subsection (a) is amended by striking the phrase ", and the quarterly reports of each government corporation required by section 2350(f) of the Act".

(2) Subsection (b) is amended as follows:

(A) Paragraph (1) is amended as follows:

(i) Strike the phrase "and the information that each government corporation is required to submit pursuant to section 2350(f) of the Act".

(ii) Strike the phrase "or government corporation's".

(B) Paragraph (2) is amended by striking the phrase "and government corporations".

Sec. 3. Section 10 of An Act To establish a District of Columbia Armory Board, and for other purposes, approved June 4, 1948 (62 Stat. 342; D.C. Official Code § 3-310), is repealed.

Sec. 4. Section 8(f) of the District of Columbia Boxing and Wrestling Commission Act, effective October 8, 1975 (D.C. Law 1-20; D.C. Official Code § 3-607(f)), is repealed.

Sec. 5. Section 305(a) of the Washington Convention Center Authority Act of 1994, effective September 28, 1994 (D.C. Law 10-188; D.C. Official Code § 10-1203.05(a)), is repealed.

Sec. 6. Section 126n(d) of the District of Columbia Theft and White Collar Crimes Act of 1982, effective June 8, 2001 (D.C. Law 13-301; D.C. Official Code § 22-3226.14(d)), is repealed.

Sec. 7. The lead-in language of section 16 of the Accrued Sick and Safe Leave Act of 2008, effective May 13, 2008 (D.C. Law 17-152; D.C. Official Code § 32-131.15), is amended as follows:

(a) Strike the phrase "District of Columbia Auditor" both times it appears and insert the phrase "Department of Employment Services" in its place.

(b) Strike the phrase "audit a sample of District businesses" and insert the phrase "obtain a sample of statistics on District businesses" in its place.

Sec. 8. Paragraph 42(a)(6) of section 8 of An Act Making appropriations to provide for the expenses of the government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other purposes, approved March 4, 1913 (37 Stat. 984; D.C. Official Code § 34-912(a)(6)), is repealed.

Sec. 9. Section 4(c) of the Eastern Market Real Property Asset Management and Outdoor Vending Act of 1998, effective April 16, 1999 (D.C. Law 12-228; D.C. Official Code § 37-103(c)), is repealed.

Sec. 10. Section 9 of the District of Columbia Public School Food Services Act, approved October 8, 1951 (65 Stat. 370; D.C. Official Code § 38-807), is repealed.

Sec. 11. Section 2407 of the Auditor Personnel and Audit Reform Amendment Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 38-1231.01), is repealed.

Sec. 12. Section 205 of the School Modernization Financing Act of 2006, effective June 8, 2006 (D.C. Law 16-123; D.C. Official Code § 38-2973.05), is amended to read as follows:

"Sec. 205. Audit of capital improvement projects.

"(a) No later than September 30, 2020, and every 3 years thereafter until the completion of all school modernization projects in the Capital Improvement Plan, the District of Columbia Auditor shall prepare a report to the public on the use of the capital funds by the District of Columbia Public Schools during the preceding fiscal years. The report shall include a school- and project-specific audit of all expenditures for school facility capital improvements, maintenance, repairs, and operating costs, and an assessment of whether the District has met the process, quality, schedule, and cost objectives of the Capital Improvement Plan and Budget.

"(b) No later than September 30, 2017, and each year thereafter until the completion of all school modernization projects in the Capital Improvement Plan, except in a year where a report is issued pursuant to subsection (a) of this section, the District of Columbia Auditor shall examine not less than a sample of capital projects related to school modernizations and shall determine whether the District has met the process, quality, schedule and cost objectives of sampled projects, and provide a report to the Council and the public on the findings.".

Sec. 13. Title 47 of the District of Columbia Official Code is amended as follows:

(a) Chapter 1 is amended as follows:

(1) The table of contents is amended as follows:

(A) Strike the section designation "47-111. Disbursing Officer, appointment; bond; general powers and duties; audit of accounts." and insert the section designation "47-111. Disbursing Officer; appointment; bond; general powers and duties." in its place.

(B) Strike the section designation "47-120. Liability of Auditor or employees." and insert the section designation "47-120. Liability of Auditor or employees. [Repealed]." in its place.

(C) Strike the section designation "47-122. Checks to be countersigned." and insert the section designation "47-122. Checks to be countersigned. [Repealed]." in its place.

(D) Strike the section designation "47-123. Chief Clerk of Auditor's office." and insert the section designation "47-123. Chief Clerk of Auditor's office. [Repealed]." in its place.

(E) Strike the section designation "47-124. Accounts auditable by Auditor." and insert the section designation "47-124. Accounts auditable by Auditor. [Repealed]." in its place.

(2) Section 47-111 is amended as follows:

(A) Subsection (b) is amended by striking the phrase "audited and approved by the Auditor of the District of Columbia, and certified by the Mayor as required by § 47-409".

(B) Subsection (c) is repealed.

(3) Section 47-112 is amended by striking the phrase "nor the Auditor of the District of Columbia or" and inserting the phrase "nor" in its place.

(4) Section 47-116 is amended by striking the phrase "the Auditor of the District of Columbia in connection with the Disbursing Officer of the District of Columbia of the grounds of such objections resulting in said suspensions, in order that said Auditor in connection with said Disbursing Officer" and inserting the phrase "the Disbursing Officer of the District of Columbia of the grounds of such objections resulting in said suspensions, in order that said Disbursing Officer" in its place.

(5) Section 47-120 is repealed.

(6) Section 47-122 is repealed.

(7) Section 47-123 is repealed.

(8) Section 47-124 is repealed.

(b) Chapter 4 is amended as follows:

(1) The table of contents is amended as follows:

(A) Strike the section designation "47-409. Disbursement of taxes and appropriations; settlement of accounts." and insert the section designation "47-409. Disbursement of taxes and appropriations; settlement of accounts. [Repealed]." in its place.

(B) Strike the section designation "47-410. Payment of moneys into Treasury; requisitions and expenditures; disbursement accounts." and insert the section designation "47-410. Payment of moneys into Treasury; requisitions and expenditures; disbursement accounts. [Repealed]." in its place.

(C) Strike the section designation "47-411. Trust fund deposits and disbursements." and insert the section designation "47-411. Trust fund deposits and disbursements. [Repealed]." in its place.

(2) Section 47-409 is repealed.

(3) Section 47-410 is repealed.

(4) Section 47-411 is repealed.

(c) Chapter 28 is amended as follows:

(1) The table of contents is amended by striking the section designation "47-2851.17. Performance audit." and inserting the section designation "47-2851.17. Performance audit. [Repealed]." in its place.

(2) Section 47-2851.17 is repealed.

Sec. 14. Applicability.

(a) Section 7 shall apply upon the date of inclusion of its fiscal effect in an approved budget and financial plan.

(b) The Chief Financial Officer shall certify the date of the inclusion of the fiscal effect in an approved budget and financial plan, and provide notice to the Budget Director of the Council of the certification.

(c)(1) The Budget Director shall cause the notice of the certification to be published in the District of Columbia Register.

(2) The date of publication of the notice of the certification shall not affect the applicability of section 7.

Sec. 15. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).

Sec. 16. Effective date.

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), a 60-day period of congressional review as provided in section 602(c)(2) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(2)), and publication in the District of Columbia Register.

Law Information

Cites

  • D.C. Law 21-143 (PDF)
  • 63 DCR 7589

Effective

Aug. 17, 2016

Legislative History

Law 21-143, the “Repeal of Outdated and Unnecessary Audit Mandates Amendment Act of 2016,” was introduced in the Council and assigned Bill No. 21-377 which was referred to the Committee of the Whole. The bill was adopted on first and second readings on Apr. 5, 2016, and Apr. 19, 2016, respectively. After mayoral review, it was assigned Act No. 21-392 on May 10, 2016, and transmitted to Congress for its review. D.C. Law 21-143 became effective Aug. 17, 2016.