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The DC Code: § 47-355.02 Limitations on expenditures and obligating amounts.

Index47 Taxation, Licensing, Permits, Assessments, and Fees. (Refs & Annos)

A District agency head, deputy agency head, agency fiscal officer, agency budget director, agency controller, manager, or other employee may not:

1
Make or authorize an expenditure or obligation exceeding an amount available in an appropriation for an agency, fund, or capital project;
2
Obligate the District for the payment of money before an appropriation is made or before a certification of the availability of funds is made, unless authorized by law; provided, that this paragraph shall not prohibit the acceptance of voluntary services or employment of personal services exceeding that authorized by law during emergencies involving the safety of human life or the protection of property;
3
Approve a disbursement without appropriate authorization;
4
Defer recording a transaction incurred in the current fiscal year to a future fiscal year;
5
Allow an expenditure or obligation to exceed apportioned amounts;
6
Fail to submit a required plan or projection in a timely manner;
7
Knowingly report incorrectly on spending to date or on projected total annual spending;
8
Fail to adhere to a spending plan through overspending that is greater than 5% of the agency's budget, or $1 million, regardless of the percentage; or
9
Make or authorize an expenditure or obligation for one capital project from another capital project.

Historical and Statutory

Effect of Amendments D.C. Law 16-293 rewrote the section, which formerly read: "A District agency head, deputy agency head, agency chief financial officer, agency budget director, agency controller, manager, or other employee may not: ''(1) Make or authorize an expenditure or obligation exceeding an amount available in an appropriation or fund; "(2) Involve the District in a contract or obligation for the payment of money before an appropriation is made unless authorized by law; "(3) Approve a disbursement without appropriate authorization; or "(4) Defer recording a transaction incurred in the current fiscal year to a future fiscal year." D.C. Law 19-168, in par. (1), substituted "agency, fund, or capital project" for "agency or fund"; in par. (2), substituted "unless authorized by law; provided, that this paragraph shall not prohibit the acceptance of voluntary services or employment of personal services exceeding that authorized by law during emergencies involving the safety of human life or the protection of property" for "unless authorized by law" ;   in par. (7), deleted "or" from the end;  in par. (8), substituted ";  or" for a period at the end;   and added par. (9). Emergency Act Amendments For temporary (90 day) amendment of section, see § 1102(b) 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 § 1102(b) of Fiscal Year 2013 Budget Support Congressional Review Emergency Act of 2012 (D.C. Act 19-413, July 25, 2012, 59 DCR 9290). Legislative History of Laws For Law 14-285, see notes following § 47-355.01. Law 16-293, the "Anti-Deficiency Act Revision Act of 2006", was introduced in Council and assigned Bill No. 16-988, which was referred to Committee on Finance and Revenue. The Bill was adopted on first and second readings on November 14, 2006, and December 5, 2006, respectively. Signed by the Mayor on December 28, 2006, it was assigned Act No. 16-652 and transmitted to both Houses of Congress for its review. D.C. Law 16-293 became effective on March 14, 2007. For history of Law 19-168, see notes under § 47-355.01. Miscellaneous Notes Allocation of Spending (FY 2010), see Mayor's Order 2010-24, February 5, 2010 (57 DCR 1276). DC CODE § 47-355.02 Current through December 11, 2012

Credits

(Apr. 4, 2003, D.C. Law 14-285, § 2, 50 DCR 940; Mar. 14, 2007, D.C. Law 16-293, § 2(a), 54 DCR 1083; Sept. 20, 2012, D.C. Law 19-168, § 1102(b), 59 DCR 8025.)