STAND. COM. REP. 1412
Honolulu, Hawaii
, 2003
RE: S.B. No. 459
S.D. 1
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2003
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred S.B. No. 459, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CAMPAIGN SPENDING,"
begs leave to report as follows:
The purpose of this bill as received is to reform numerous provisions of the campaign spending laws to enhance accountability and public confidence in elected officials.
The League of Women Voters and the Green Party of Hawaii testified in support of and opposition to various provisions of the bill. Advocates for Consumer Rights opposed the bill. The Campaign Spending Commission and University of Hawaii Professional Assembly commented on various provisions of the bill and offered amendments.
Your Committee has amended the bill by deleting the text of S.B. 459, S.D. 1, and inserting the text from H.B. 284, H.D. 1, except as noted below, and further amended the bill by:
(1) Deleting the provision on poll watchers and election officials;
(2) Clarifying the provision prohibiting fundraising on government facilities to specify that a candidate may use such facilities for fundraising activities in the same way as any nongovernmental user, provided the facility does not prohibit all political activities on the premises; modifying the penalty to a misdemeanor for violators of this provision.
(3) Clarifying the definitions of corporation, labor organization, and separate segregated fund;
(4) Specifying that a committee includes corporations for purposes of compliance with campaign spending laws;
(5) Specifying that a campaign expenditure includes a payment made to a charitable or community organization;
(6) Deleting references to the Campaign Spending Commission's (Commission) duty to adopt a code of fair practices and censure candidates who violate these provisions because the Commission's code has been struck down by a court decision;
(7) Requiring the Commission to establish a schedule of administrative fees for categories of violations of the campaign spending laws;
(8) Conforming the limits for payments to charitable or community organizations by candidates, including those who receive public funding, with the campaign contribution limits under this bill and further clarifying that the payments made from surplus funds are applied to the limits for the period of time prior to the election;
(9) Clarifying the provision prohibiting conversion of campaign funds to personal use when such funds are used for the personal benefit of any person, including the candidate;
(10) Repealing the section that limits the number of fundraising events for candidates;
(11) Clarifying that contributions made by any person to a candidate is limited to a maximum of: $4,000 to any candidate seeking a four-year term of office and $2,000 to any candidate seeking a two-year term of office;
(12) Clarifying that for purposes of contribution limits, a candidate and candidate's committee are counted as a single entity;
(13) Clarifying the definition of a government contractor as an entity who seeks or has, one or more government contracts that total in excess of $25,000;
(14) Requiring candidates who seek public funding to obtain qualifying contributions from Hawaii residents;
(15) Repealing public funding for candidates seeking offices in special elections;
(16) Increasing the administrative fines against corporations, organizations, associations, or labor unions that make unlawful contributions or expenditures; and
(17) Making technical, nonsubstantive changes for purposes of style, clarity, and consistency.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 459, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 459, S.D. 1,
H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
____________________________ ERIC G. HAMAKAWA, Chair |
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