4341931 Resolution 20-116, “Tax Revision Commission Report Extension and Procurement Streamlining Congressional Review Emergency Declaration Resolution of 2013”

A RESOLUTION

 

20-116 

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

May 7, 2013

 

 

To declare the existence of an emergency, due to Congressional review, with respect to the need to amend section 47-462 of the District of Columbia Official Code to extend the deadline for the final report of the Tax Revision Commission; to amend the Procurement Practices Reform Act of 2010 to allow the Tax Revision Commission to procure goods and services independent of the Chief Procurement Officer pursuant to a streamlined small-purchase procurement process for contracts for goods and services not exceeding $40,000.

 

            RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Tax Revision Commission Report Extension and Procurement Streamlining Congressional Review Emergency Declaration Resolution of 2013”.

 

            Sec. 2. (a)  The purpose of the Tax Revision Commission (“Commission”) is to conduct a broad and deep review of the District’s tax laws, tax expenditures, revenues, tax base, and economy, and to provide the Council and the Mayor with recommendations for reform. The Commission is required by law to submit its recommendations in the form of a report or reports similar in form and scope as those transmitted by the District of Columbia Tax Revision Commission in 1998.     

            (b)  Under current law (D.C. Official Code § 47-462(d)), the Commission was given just 9 months to produce its report and recommendations. 

                (c)  The original Commission required 2 years between passage of the legislation and the publication of its well-researched and in-depth report in 1998.

            (d)  The members of the Commission are of the opinion that an extension of the time for the Commission to publish its report and recommendations would result in a publication of both depth and breadth comparable to the 1998 report and which would better inform policy decisions in the coming years.  This will provide the Commission with the necessary time to commission studies externally and produce the best and most thoughtful product.

            (e)  The work of the Commission will be most effective if the deadline for the report is extended to the end of fiscal year 2013, or September 30, 2013.

            (f)  The Commission has experienced difficulty in attempting to execute quick procurements for expert research into particular topics of tax law and policy. With the reporting deadline approaching, the Commission has an urgent need for expedited contracting.

            (g)  Exempting certain procurements from the requirements of the Procurement Practices Reform Act of 2010, effective April 8, 2011 (D.C. Law 18-371; D.C. Official Code § 2-351.01 et seq.), will allow the Commission to accomplish its statutory mandate within the deadline set forth in the Tax Revision Commission Report Extension and Procurement Streamlining Emergency Amendment Act of 2013. 
            (h)  The Tax Revision Commission Report Extension and Procurement Streamlining Emergency Amendment Act of 2013 would allow the Commission to procure goods and services independent of the Chief Procurement Officer pursuant to a streamlined small-purchase procurement process for contracts for goods and services not exceeding $40,000. Limiting the Commission’s independent procurement authority to contracts of such a small amount will ensure that the District’s policy of favoring competitive procurements is not undermined. 

            (i)  The Council adopted the Tax Revision Commission Report Extension and Procurement Streamlining Emergency Amendment Act of 2013, effective March 1, 2013 (D.C. Act 20-19; 60 DCR 3974), and the Tax Revision Commission Report Extension and Procurement Streamlining Temporary Amendment Act of 2013, effective March 20, 2013 (D.C. Act 20-40; 60 DCR 4667) earlier this year.  The emergency legislation is set to expire on May 30, 2013, and the temporary measure is still undergoing the Congressional review period and is not projected to become law until June 3, 2013.  Thus, this Congressional review emergency is necessary to prevent a gap in the law.

 

            Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Tax Revision Commission Report Extension and Procurement Streamlining Congressional Review Emergency Amendment Act of 2013 be adopted after a single reading.          

 

            Sec. 4.  This resolution shall take effect immediately.