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DC Ordinance- __ - Cheh.md

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Councilmember Mary M. Cheh

					A BILL

	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

Councilmember Mary M. Cheh introduced the following bill, which was referred to the Committee on ___________________.

To amend Title 47 of the District of Columbia Code to prohibit entities with delinquent taxes in a United States jurisdiction or an unsatisfactory record of compliance with law or business conduct from bidding at District tax sales.

  • BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the “Tax Auction Bidder Reliability Assurance Amendment Act of 2013”.
  • Sec. 2. Section 47-1346(a) of the District of Columbia Official Code is amended as follows:
  • (a) Paragraph (5) is amended by striking the phrase “who is delinquent in payment of taxes to the District, may not bid on real property offered” and inserting the phrase “who is delinquent in payment of taxes to a jurisdiction within the United States, or whom the Chief Financial Officer determines has an unsatisfactory record of business conduct or compliance with law, particularly with respect to bidding at public tax sales, may not bid on real property offered” in its place.
  • (b) A new paragraph (6) is added to read as follows:
  • “(a)(6) A potential purchaser, including a natural person or business entity, shall affirm its record of tax payments and business conduct in United States jurisdictions outside of the District through an affidavit or an alternative method determined by the Office of the Chief Financial Officer through rulemaking. If the Chief Financial Officer finds that an individual or entity willfully withheld or misrepresented information pertinent to tax payments or business conduct, the Chief Financial Officer may void a certificate of sale purchased while the entity was in violation of this paragraph, bar the entity from bidding at public auctions governed by this chapter for up to 20 years, or both. For purposes of this paragraph, a potential purchaser shall include a person owning a 10% or more equity interest in, or an officer of, an entity. This paragraph shall not be circumvented by a purchaser through the use of one or more business entities to avoid its intended application.”.
  • Sec. 3. Section 47-1355(a) of the District of Columbia Official Code is amended as follows:
  • (a) Paragraph (4) is amended by striking the phrase “or”.
  • (b) Paragraph (5) is amended by striking the phrase “purchaser.” and inserting the phrase “purchaser;” in its place.
  • (c) A new paragraph (6) is added to read as follows:
  • “(a)(6) At the discretion of the Chief Financial Officer in accordance with § 47-1346(a)(5) or § 47-1346(a)(6).
  • Sec. 4. Fiscal impact statement.
  • The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (84 Stat. 813; D.C. Official Code § 1-206.02(c)(3)).
  • Sec. 5. 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 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.