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Back to legislation introduced in Council period 16

Initiatives and Referenda Reform Amendment Act of 2006
Bill 16-753

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Chairman Linda W. Cropp 

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 

Chairman Linda W. Cropp introduced the following bill, which was referred to the Committee on 

To amend the District of Columbia the Election Code of 1955 to require that a proposer or sponsor of an initiative or referendum certify to the Board of Elections and Ethics that it does not have any outstanding fines or payment owed to the Board or other District agency or instrumentality, to require the Board to refuse to accept a proposed initiative or referendum from a proposer or sponsor who has an outstanding fine or payment owed to the Board or other District agency or instrumentality, to clarify that initiatives cannot obligate the District to do business with, contract with, purchase from, donate or devote funds or assets to, or give a license or permit to any particular entity, corporation, or individual, and to impose a $2,000 contribution limitation on the amount an individual or corporation can make to a political committee organized to promote or oppose an initiative or referendum; and to amend the District of Columbia Campaign Finance Reform and Conflict of Interest Act of 20 1974 to exclude contributions that can be made to a political committee organized to promote or oppose an initiative or a referendum; and to amend the District of Columbia Campaign Contribution Limitation Initiative of 1992 to impose a $2,000 contribution limitation on the amount an individual or corporation can make to a political committee organized to promote or oppose an initiative or referendum. 

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Initiatives and Referenda Reform Amendment Act of 2006".  

Sec. 2. The District of Columbia Election Code of 1955, approved August 12, 1955 (69 Stat. 704; D. C. Official Code § 1-1001.01 et seq.), is amended as follows: 

(a) Section 16 (D.C. Official Code § 1-1001.16) is amended as follows: 

(1) Subsection (a)(2) is amended as follows: 

(A) Subparagraph (A) is amended by striking the phrase "; and" and inserting a semicolon in its place.

(B) A new subparagraph (A-I) is added to read as follows: 

"(A-I) An affidavit that the proposer or sponsor does not have any outstanding fine assessed by the Board or the Office of Campaign Finance; and". 

(2) Subsection (b)(1) is amended as follows: 

(A) The lead-in language is amended by striking the phrase "if the Board finds that it is not a proper subject of initiative or referendum, whichever is applicable," and inserting the phrase "if the Board finds that the proposer or sponsor has an outstanding fine or payment owed to the Board or other District agency or instrumentality, which is not pending appeal before the Board, agency or a court, or that the initiative or referendum, whichever is applicable, is not a proper subject of initiative or referendum," in its place. 

(B) New subparagraphs (B-i) and (B-ii) are added to read as follows: 

"(B-i) The measure authorizes, or would have the effect of obligating, the District government to do business with, contract with, purchase from, donate or devote funds or assets to, any entity, corporation, or individual, or take any other action that is required to be approved by the Council pursuant to section 451 of the District of Columbia Home Rule Act or required by an act to be approved by another District agency or instrumentality; 

"(B-ii) The measure authorizes, or would have the effect of obligating the District government to give a license or permit to any particular entity, corporation, or individual, or take any other action that is prohibited by section 47-2861 of the District of Columbia Official Code;". 

(b) A new section 16a is added to read as follows: 

"Sec. 16a. Contribution limitation on initiatives or referenda. 

"No individual or corporation shall make cash or in-kind contributions of more than $2,000 5 to a political committee organized to promote or oppose an initiative or referendum.". 

Sec. 3. Section 102(6)(A)(iv) of the District of Columbia Campaign Finance Reform and Conflict of Interest Act of 1974, approved August 14, 1974 (88 Stat. 465; D.C. Official Code § 1-1101.01(6)(A)(iv)), is amended as follows: 

(a) The existing text is designated as sub-subparagraph (I). 

(b) A new sub-subparagraph (II) is added to read as follows: 

"(II) For the purpose of this paragraph, the term "political committee" shall not include any proposer, individual, committee, club, association, organization, or other group of individuals organized for the purpose of or engaged in promoting or opposing any initiative or referendum.". 

Sec. 4. Section 3(a) of the District of Columbia Campaign Contribution Limitation Initiative of 1992, effective March 17, 1993 (D.C. Law 9-204; D.C. Official Code § 1-1131.01(a)), is amended as follows: 

(a) Paragraph (6) is amended by striking the period and inserting the phrase "; and" in its place. 

(b) A new paragraph (7) is added to read as follows: 

"(7) In the case of a contribution in support of, or in opposition to, an initiative or referendum, $2,000.". 

Sec. 5. The Council adopts the fiscal impact statement in the committee report as the fiscal Sec. 3. 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 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(3)). 

Sec. 6. 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. Office Code § 1-206.02(c)(1)), and publication in the District of Columbia Register.

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