Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2482 entitled:

begs leave to report as follows:

The purpose of this measure is to prohibit campaign communications in state offices and buildings regarding contributions of money for political purposes.

Testimony in support of this measure was submitted by the Hawaii State Ethics Commission and the League of Women Voters. Testimony in opposition to this measure was submitted by the Department of the Attorney General.

There is no law against soliciting, sending, mailing, or delivering any solicitation for any contribution of money, including complimentary fundraiser tickets, for political purposes in state offices and buildings. Your Committee believes that this measure is needed to prohibit any person or organization from sending campaign communications to any state office or building, by requiring a fine of not more than $500 for each violation.

Your Committee also notes that the Attorney General testified that there may be First Amendment concerns regarding this measure.

Your Committee adopted the amendments suggested by the Department of the Attorney General to divide the section into government employee requirements and private citizen requirements. Your Committee also amended this measure by changing the effective date to January 1, 2010, to continue the discussion.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2482, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2482, S.D. 1, and be placed on the calendar for Third Reading.