REPORT TITLE:
Elections


DESCRIPTION:
Limits campaign contributions from individuals to a candidate for
any office to an aggregate of not more than $2,000; provides that
excess contributions are to be returned to donors rather than
transferred to the Hawaii election campaign fund.  (SB2147 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2147
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CAMPAIGN SPENDING.



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

 1      SECTION 1.  Section 11-204, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  [No] Effective November 8, 2000, no person, other than
 
 4 a candidate for the candidate's own campaign, political party,
 
 5 political committees established and maintained by a national
 
 6 political party, or any other entity shall make contributions
 
 7 to[:
 
 8      (1)  A to] a candidate seeking nomination or election [to a
 
 9           two-year office], or to the candidate's committee, in
 
10           an aggregate amount greater than $2,000 during an
 
11           election period[;
 
12      (2)  A candidate seeking nomination or election to a four-
 
13           year statewide office or to the candidate's committee
 
14           in an aggregate amount greater than $6,000 during an
 
15           election period; and
 
16      (3)  A candidate seeking nomination or election to a four-
 
17           year nonstatewide office or to the candidate's
 
18           committee in an aggregate amount greater than $4,000
 
19           during an election period].
 

 
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 1      These limits shall not apply to a loan made to a candidate
 
 2 by a financial institution in the ordinary course of business."
 
 3      SECTION 2.  The legality of a contribution made before
 
 4 November 8, 2000, shall be determined by the law in effect at the
 
 5 time the contribution is made.  No contribution that was legal
 
 6 when it was made shall be required to be returned as a result of
 
 7 this Act.
 
 8      SECTION 3.  Section 11-204, Hawaii Revised Statutes, is
 
 9 amended by amending subsection (e) to read as follows:
 
10      "(e)  Any candidate, candidate's committee, or committee
 
11 that receives in the aggregate more than the applicable limits
 
12 set forth in this section in any primary, initial special,
 
13 special, or general election from a person, shall be required to
 
14 [transfer an amount equal to] return any excess over the limits
 
15 established in this section to the [Hawaii election campaign
 
16 fund] contributor within thirty days of receipt of the
 
17 contribution, and in any event, no later than thirty days upon
 
18 the receipt by a candidate, candidate's committee, or committee,
 
19 of notification from the commission.  In the event the
 
20 contributor cannot be identified or located, the excess shall be
 
21 transferred to the Hawaii election campaign fund in lieu of being
 
22 returned to the contributor.  A candidate, candidate's committee,
 

 
 
 
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 1 or committee who complies with this subsection prior to the
 
 2 initiation of prosecution shall not be subject to any penalty
 
 3 under section 11-228."
 
 4      SECTION 4.  Statutory material to be repealed is bracketed.
 
 5 New statutory material is underscored.
 
 6      SECTION 5.  This Act shall take effect upon its approval;
 
 7 provided that on November 7, 2002, section 1 of this Act shall be
 
 8 repealed and section 11-204(a), Hawaii Revised Statutes, is
 
 9 reenacted in the form in which it read on the day before the
 
10 approval of this Act.