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Councilmember
Tommy Wells
A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
Councilmember Tommy Wells introduced the following bill,
which was referred to the committee on .
To amend the District of Columbia Campaign Finance
Reform and Conflict of Interest Act to create and establish filing
and reporting requirements for transition committees, and to regulate
termination donations from a constituent services fund; and amend of the
District of Columbia Campaign Contribution Limitation Initiative of
1992 to prohibit bundling of campaign contributions from subsidiary
corporation.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF
COLUMBIA, That this act may be cited as the
"Campaign Finance Accountability and Reform Amendment Act of 2011".
Sec. 2. The District of Columbia Campaign Finance Reform
and Conflict of Interest Act, approved August
14, 1974 (88 Stat. 447; D.C. Official Code § 1-1101.01 et seq.)
(“Conflict of Interest Act”), is amended as
follows:
Section 102 is amended by adding a new paragraph (12) to
read as follows:
“(12) “Transition and inaugural committee” means
any individual, or group of individuals,
organized for the purpose of office and personnel transition, including
inaugural activities, on behalf of an
individual elected to office.”.
A new section 212 (to be codified at D.C. Official Code
§ 1-1102.12) is added to read as follows:
“Sec. 212. Transition and inaugural committee.
“(a) Each transition and inaugural committee shall:
“(1) File with the Director a statement of
organization within 5 days after its organization,
which includes:
"(A) The name and address of the transition
and inaugural committee;
"(B) The name, address, and position of the
custodian of the books and accounts;
"(C) The name, address, and position of other
principal officers;
"(D) The name and address of each bank
designated as a transition depository;
and
"(E) Any other information required by the
Director, or regulations promulgated
pursuant to this act.
“(2) Have a chairman;
“(3) Have a treasurer; and
“(4) File with the Office of Campaign Finance a
monthly disclosure report, which shall be
filed on the last day of each month (or if the last day is a Saturday,
Sunday, or holiday, on the next business
day) and a final report, which shall be filed within 30 days of the disbandment
of the transition and inaugural committee, which include:
"(A) The name and address of each contributor
and the contribution received by the committee
from the contributor;
"(B) The name and address of each person,
along with the person’s occupation and
the principal place of business, to whom the transition and
inaugural committee made an expenditure
or was made on behalf of the transition and inaugural committee,
including:
"(C) The amount of the expenditure;
"(D) The date that the expenditure was made;
and
"(E) The purpose of the expenditure, itemized
by category, such as salary, travel, office
rent, administrative costs, or as required by the Director;
"(F) The balance of the transition and
inaugural committee fund; and
"(G) The amount and nature of debts and
obligations owed by and to the transition
and inaugural committee.
"(b) No contribution and no expenditure shall be
accepted or made by or on behalf of a transition
and inaugural committee at a time when there is a vacancy in the office
of treasurer and no other person has been
designated and has agreed to perform the functions of treasurer. No expenditure
shall be made for or on behalf of a transition and inaugural committee
without the authorization of its chairman or treasurer, or their
designated agents.
"(c) Any balance in the transition and inaugural
committee fund shall be transferred only to a
nonprofit organization, within the meaning of § 501(c) of the Internal
Revenue Code of 1954, operating in good
standing in the District of Columbia for a minimum of one calendar year prior
to the date of any transfer.
"(d) Transition and inaugural committee fund
balances shall not be the personal funds of any
individual, including the individual elected to office, but are deemed
to be the funds of the Transition and
inaugural committee.”.
(c) Section 402(d) of Conflict of Interest Act is
amended by striking the last sentence and inserting
the following sentence in its place:
“At the time of termination, any excess funds shall
either be used to retire the debts of the program
or donated to an nonprofit organization, within the meaning of the
Internal Revenue Code of 1954, and operating in
good standing in the District of Columbia for a minimum of onecalendar
year prior to the date of donation.”.
Sec. 3. Section 3 of the District of Columbia Campaign
Contribution Limitation Initiative of 1992,
effective March 17, 1993 (D.C. Law 9-203; D.C. Official Code §
1-1131.01), is amended by adding a new
subsection (j) to read as follows:
“(j)(1) All contributions by an affiliated or a
subsidiary corporation, whether owned in whole
or in part, to a candidate’s principal political committee shall be
treated as a contribution of the parent
corporation and subject to the limitations set forth in this section.
“(2) For the purposes of this subsection, an
affiliated or subsidiary corporation includes:
"(A) A corporation that is owned or
controlled, in whole or in part, by another
corporation;
"(B) A corporation that shares the same
address of registration or incorporation as
another corporation;
"(C) A corporation that shares the same bank
account as another corporation; or
"(D) A corporation showing other indicia of
being an affiliate or a subsidiary
corporation, as determined by the Director.”.
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 (87 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. |