REPORT TITLE:
Campaign Contribution Law


DESCRIPTION:
Allows the campaign spending commission to give notice of the
failure to file reports by way of the newspaper or of the
commission's website.  Requires that moneys be spent by a
candidate or committee on questions and candidacies directly
related to that for which the moneys were solicited and received.
Requires candidates or committees, within a 60 day period of
withdrawing from the election, to file and terminate registration
with the commission.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.1228       
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ELECTIONS. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 11-193, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  The duties of the commission under this subpart are:
 
 4      (1)  To develop and adopt reporting forms required by this
 
 5           subpart;
 
 6      (2)  To adopt and publish a manual for all candidates and
 
 7           committees, describing the requirements of this
 
 8           subpart, including uniform and simple methods of
 
 9           recordkeeping;
 
10      (3)  To preserve all reports required by this subpart for at
 
11           least ten years from the date of receipt;
 
12      (4)  To permit the inspection, copying, or duplicating of
 
13           any report required by this subpart pursuant to rules
 
14           adopted by the commission; provided that no information
 
15           or copies from the reports shall be sold or used by any
 
16           person for the purpose of soliciting contributions or
 
17           for any commercial purpose;
 
18      (5)  To ascertain whether any candidate, committee, or party
 
19           has failed to file a report required by this subpart or
 
20           has filed a substantially defective or deficient
 

 
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 1           report, and to notify these persons by first class mail
 
 2           that their failure to file or filing of a substantially
 
 3           defective or deficient report must be corrected and
 
 4           explained.  The correction or explanation shall be
 
 5           submitted in writing to the commission not later than
 
 6           4:30 p.m. on the fifth day after notification of the
 
 7           failure to file or deficiency has been mailed to these
 
 8           persons.  The commission [shall] may publish in the
 
 9           newspaper or on its website the names of all
 
10           candidates, committees, and parties who have failed to
 
11           file a report or to correct their deficiency within the
 
12           time allowed by the commission.  Failure to file or
 
13           correct a report when due, as required by this subpart,
 
14           shall result in a penalty of $50.  Failure to respond
 
15           after a newspaper notification or website publication
 
16           [shall] may result in an additional penalty of $50 for
 
17           each day a report remains overdue or uncorrected.  All
 
18           penalties collected under this section shall be
 
19           deposited in the Hawaii election campaign fund;
 
20      (6)  To hold public hearings;
 
21      (7)  To investigate and hold hearings for receiving evidence
 
22           of any violations;
 

 
 
 
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 1      (8)  To adopt a code of fair campaign practices as a part of
 
 2           its rules;
 
 3      (9)  To establish rules pursuant to chapter 91;
 
 4     (10)  To request the initiation of prosecution for the
 
 5           violation of this subpart pursuant to section 11-229;
 
 6     (11)  To administer and monitor the distribution of public
 
 7           funds under this subpart;
 
 8     (12)  To suggest accounting methods for candidates, parties,
 
 9           and committees, as the commission may deem advisable,
 
10           in connection with reports and records required by this
 
11           subpart;
 
12     (13)  To employ or contract, without regard to chapters 76
 
13           and 77 and section 28-8.3, and, at pleasure, to dismiss
 
14           persons it finds necessary for the performance of its
 
15           functions, including a full-time executive director,
 
16           and to fix their compensation;
 
17     (14)  To do random audits, field investigations, as
 
18           necessary; 
 
19     (15)  To file for injunctive relief when indicated;
 
20     (16)  To censure any candidate who fails to comply with the
 
21           code of fair campaign practices; and
 
22     (17)  To render advisory opinions upon the request of any
 
23           candidate, candidate committee, noncandidate committee,
 

 
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 1           or other person or entity subject to this chapter, as
 
 2           to whether the facts and circumstances of a particular
 
 3           case constitute or will constitute a violation of the
 
 4           campaign spending laws.  If no advisory opinion is
 
 5           rendered within ninety days after all information
 
 6           necessary to issue an opinion has been obtained, it
 
 7           shall be deemed that an advisory opinion was rendered
 
 8           and that the facts and circumstances of that particular
 
 9           case do not constitute a violation of the campaign
 
10           spending laws.  The opinion rendered or deemed
 
11           rendered, until amended or revoked, shall be binding on
 
12           the commission in any subsequent charges concerning the
 
13           candidate, candidate committee, noncandidate committee,
 
14           or other person or entity subject to this chapter, who
 
15           sought the opinion and acted in reliance on it in good
 
16           faith, unless material facts were omitted or misstated
 
17           by the persons in the request for an advisory opinion."
 
18      SECTION 2.  Section 11-200, Hawaii Revised Statutes, is
 
19 amended by amending subsection (a) to read as follows:
 
20      "(a)  A candidate, campaign treasurer, or candidate's
 
21 committee shall not receive any contributions or receive or make
 
22 any transfer of money or anything of value:
 

 
 
 
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 1      (1)  For any purpose other than that directly related:
 
 2           (A)  In the case of the candidate, to the candidate's
 
 3                own campaign; or
 
 4           (B)  In the case of a campaign treasurer, [or]
 
 5                candidate's committee, or committee, to the
 
 6                campaign of the candidate, question, or issue with
 
 7                which they are directly associated and for which
 
 8                the contributions were solicited and received; or
 
 9      (2)  To support the campaigns of candidates other than the
 
10           candidate for whom the funds were collected or with
 
11           whom the campaign treasurer or candidate's committee is
 
12           directly associated; [or]
 
13      (3)  To campaign against any other candidate not directly
 
14           opposing the candidate for whom the funds were
 
15           collected or with whom the campaign treasurer or
 
16           candidate's committee is directly associated[.]; or
 
17      (4)  To support or oppose a candidate, or a position on a
 
18           question or issue other than the question or issue for
 
19           which the funds were collected, or with regard to which
 
20           the committee is directly associated.
 
21      Any provision of law to the contrary notwithstanding, a
 
22 candidate, campaign treasurer, or candidate's committee, as a
 
23 contribution, may purchase from its campaign fund not more than
 

 
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 1 two tickets for each event held by another candidate, committee,
 
 2 or party whether or not the event constitutes a fundraiser as
 
 3 defined in section 11-203."
 
 4      SECTION 3.  Section 11-214, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  All candidates who withdraw or cease to be candidates,
 
 7 or committees directly associated with such candidates,
 
 8 individuals who receive contributions but fail to file for
 
 9 nomination, or committees or parties which discontinue their
 
10 activities covered in this subpart, shall file to terminate their
 
11 registration with the commission within sixty days of:
 
12      (1)  The deadline for filing for nomination, upon failure to
 
13           file for nomination; or
 
14      (2)  The discontinuance of activities,
 
15 which ever occurs first.  Prior to filing to terminate its
 
16 registration, the candidates or committees shall return all
 
17 residual private contributions to the donors of such
 
18 contributions if their identities are known[,]; provided that if
 
19 the identity of any donor is not known, or the donor cannot be
 
20 found, such contribution shall escheat to the Hawaii election
 
21 campaign fund."
 
22      SECTION 4.  Statutory material to be repealed is bracketed.
 
23 New statutory material is underscored.
 

 
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 1      SECTION 5.  This Act shall take effect upon its approval.
 
 2 
 
 3                           INTRODUCED BY:  _______________________