D.C. Law 24-215. Board of Ethics and Government Accountability Delinquent Debt Recovery Amendment Act of 2022.

AN ACT

To amend the Delinquent Debt Recovery Act of 2012 and the Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011 to allow the Board of Ethics and Government Accountability to retain the funds resulting from ethics and open-meetings violations under its jurisdiction by transferring and referring delinquent debts associated with settlements and judgements for ethics violations to the Central Collection Unit for collection and for the funds collected to be deposited into the Ethics Fund and Open Government Fund instead of the General Fund.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Board of Ethics and Government Accountability Delinquent Debt Recovery Amendment Act of 2022".

Sec. 2. The Delinquent Debt Recovery Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-350.01 et seq.), is amended as follows:

(a) Section 1043 (D.C. Official Code § 1-350.02) is amended as follows:

(1) Subsection (a) is amended by striking the phrase "subsections (a-1) and (a-4)" and inserting the phrase "subsections (a-1), (a-4), and (a-5)" in its place.

(2) A new subsection (a-5) is added to read as follows:

"(a-5) The Board of Ethics and Government Accountability may, in its discretion, transfer and refer delinquent debts associated with settlements and judgments to the Central Collection Unit for collection. Beginning in Fiscal Year 2023 and for each fiscal year thereafter:

"(1) Funds collected by the Central Collection Unit arising out of delinquent debts associated with a fine or civil penalty imposed pursuant to section 221 and subtitle E of the Government Ethics Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1162.21 and § 1-1162.27 et seq.) ("Ethics Act"), transferred and referred to the Central Collection Unit by the Board of Ethics and Government Accountability for collection, net of costs and fees, shall be deposited into the Ethics Fund established by section 210 of the Ethics Act (D.C. Official Code § 1-1162.10), within 60 days; and

"(2) Funds collected by the Central Collection Unit arising out of delinquent debts associated with a fine or civil penalty imposed pursuant to section 409 of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-579), transferred and referred to the Central Collection Unit by the Board of Ethics and Government Accountability for collection, net of costs and fees, shall be deposited into the Open Government Fund established by section 210a of the Ethics Act (D.C. Official Code § 1-1162.10a), within 60 days.".

(b) Section 1045(b)(2) (D.C. Official Code § 1-350.04(b)(2)) is amended by striking the phrase "section 1043(a-1), (a-2), (a-3), and (a-4)" and inserting the phrase "section 1043(a-1), (a-2), (a-3), (a-4), and (a-5)" in its place.

Sec. 3. The Board of Ethics and Government Accountability Establishment and Comprehensive Ethics Reform Amendment Act of 2011, effective April 27, 2012 (D.C. Law 19-124; D.C. Official Code § 1-1161.01 et seq.), is amended as follows:

(a) Section 210(b) (D.C. Official Code § 1-1162.10(b)) is amended to read as follows:

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

"(1) All fines collected under section 221 and subtitle E of this title; and

"(2) Funds collected pursuant to section 1043(a-5)(1) of the Delinquent Debt Recovery Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 350.02(a-5)(1)).".

(b) Section 210a(b) (D.C. Official Code § 1-1162.10a(b)) is amended to read as follows:

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

"(1) All fines, costs, and fees collected pursuant to section 409 of the Open Meetings Act, effective March 31, 2011 (D.C. Law 18-350; D.C. Official Code § 2-579); and

"(2) Funds collected pursuant to section 1043(a-5)(2) of the Delinquent Debt Recovery Act of 2012, effective September 20, 2012 (D.C. Law 19-168; D.C. Official Code § 1-64350.02(a-5)(2)).".

Sec. 4. 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. 5. Effective date.

This act shall take effect after approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), 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. Official Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.