For the purposes of this section, the term “Other-Type Funds” means District revenues, as defined in § 1-201.03(10) , generated from fees, fines, assessments, or reimbursements by District of Columbia or its agencies or instrumentalities (including independent agencies or instrumentalities), earmarked for special purposes and accounted for or placed in a fund for such purposes; provided, that the term “Other-Type Funds” shall not include funds of the Housing Finance Agency; National Capital Revitalization Corporation; Washington Convention and Sports Authority; Public Service Commission; Office of People’s Counsel; Department of Insurance and Securities Regulation; Department of Banking and Financial Institutions; District of Columbia Water and Sewer Authority; and Alcoholic Beverage Regulation Administration; and Compliance and Real Property Tax Administration Fund, except to the extent that there are not sufficient Other-Type Funds available in other agencies from which the transfer of funds requested under subsection (c) of this section may be obtained. Notwithstanding any other provision of law, including the dedication of funds to a particular use, all or part of the balance in an Other-Type Fund may be transferred to the General Fund of the District of Columbia in accordance with the procedure set forth in subsections (c) and (d) of this section. The Mayor, in consultation with the Chief Financial Officer of the District of Columbia, shall submit to the Council for approval a proposed resolution requesting the transfer of all or part of the balance in an Other-Type Fund to the General Fund of the District of Columbia. The proposed resolution shall include, for each agency affected: The Chief Financial Officer’s certification that the proposed transfer of funds: Is needed for the purpose for which the transferred funds are to be used; Is not prohibited by federal law, court order, or settlement; Does not involve funds that have been properly identified as deferred revenue or restricted fund balance; Will not prevent an agency or a program from meeting maintenance of effort or matching fund requirements; and Will not result in a federal grant or other source of funding being decreased or eliminated; The legislative or regulatory authority for the establishment of the Other-Type Fund; The purpose of the Other-Type Fund; The amount and source of the funds to be transferred from the designated Other-Type Fund, and the purpose for which the funds will be used; The original fiscal year budget and year-to-date expenditures for the Other-Type Fund for the fiscal year in which the request is made; The accumulated balance of the Other-Type fund; The previous 2 fiscal years’ budgets and spending patterns for the Other-Type fund (3 years if there has been a transfer of all or part of the fund balance to the General Fund of the District of Columbia); The collection in the Other-Type Fund for the previous 2 fiscal years (3 years if there has been a transfer of all or part of the fund balance to the General Fund of the District of Columbia); and The effect that the approval of the transfer of the Other-Type Funds to the General Fund of the District of Columbia will have on service delivery. The proposed resolution shall be submitted to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed resolution, in whole or in part, within the 60-day period, the proposed resolution shall be deemed disapproved. Beginning in fiscal year 2005, the Chief Financial Officer shall submit to the Council a quarterly audit and accounting of the spending, revenue generation, and balances for all Other-Type Fund dedicated for use by the Department of Health. If the information for such an Other-Type Fund is not submitted to the Council within one month after the end of a fiscal quarter, revenue that accumulated in the Other-Type Fund during the fiscal quarter may not be transferred to the General Fund of the District of Columbia.
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