CONFERENCE COMMITTEE REP. NO.185
Honolulu, Hawaii
, 2005
RE: H.B. No. 1747
H.D. 1
S.D. 1
C.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Honorable Robert Bunda
President of the Senate
Twenty-Third State Legislature
Regular Session of 2005
State of Hawaii
Sir:
Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 1747, H.D. 1, S.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO CAMPAIGNS,"
having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.
The purpose of this bill is to amend the campaign spending laws by, among other things:
(1) Limiting campaign contributions from banks, corporations, and nonresident individuals and persons;
(2) Establishing a public funding program for the Office of the Prosecuting Attorney;
(3) Clarifying the disposition of campaign contributions; and
(4) Applying electronic filing requirements to the State Senate, State House of Representatives, and the Office of Hawaiian Affairs.
Your Committee on Conference notes in particular the provisions of this measure establishing new limits on out-of-state contributions. Over the years, Hawaii has been influenced by out-of-state interests. Residents and outside interests have long fought over the development of our land, expansion of our economy, and other social policies. Unrestrained out-of-state contributions to candidates for elective office could continue to influence decisions that adversely affect the people of Hawaii. Restrictions on nonresident contributions will ensure that elected officials are not disproportionately influenced by outside interests.
Your Committee on Conference has amended this measure by, among other things:
(1) Prohibiting campaign fundraising on certain state or county property;
(2) Amending the new provision limiting contributions from nonresidents as follows:
(A) Clarifying that the contribution limit applies to persons who are nonresidents when contributions are made;
(B) Applying the contribution limit to noncandidate committees organized under the laws of another state and whose participants are nonresidents; and
(C) Amending the contribution limit, from 30 percent of the total contributions received by a candidate or candidate's committee in an election period, to 20 percent of the total contributions for each reporting period;
(3) Removing the new limitation on contributions or expenditures by banks or corporations;
(4) Deleting the provisions and accompanying amendments relating to public funding for elections to the Office of the Prosecuting Attorney;
(5) Amending the new definitions of "clearly identified", "residual funds", and "separate segregated fund", and restoring the definition of "advertisement", in the campaign spending law;
(6) Amending the requirements for filing organizational reports;
(7) Removing the provision that a noncandidate committee's contribution limits to a candidate or candidate's committee shall be the same as for any other person or entity;
(8) Clarifying that the prohibition on contributions by state and county contractors applies to the specific contracting entity and not to individuals associated with the contractor, such as the individual owners of a contracting entity;
(9) Including labor organizations among the entities that may establish, administer, or solicit contributions to a separate segregated fund;
(10) Deleting the provision that any loan, other than a loan from the candidate or immediate family members, that is not repaid within a calendar year must be deemed a contribution;
(11) Providing that surplus funds may be used after a general or special election for contributions to any community service, educational, youth, recreational, charitable, scientific, or literary organization; provided that no contributions from campaign funds shall be made from the date the candidate files nomination papers to the date of the general election;
(12) Amending the matching funds paid to publicly funded candidates, to $1 for each $1 of qualifying contributions in excess of the minimum amount of qualifying contributions; and
(13) Making technical, nonsubstantive amendments for clarity and style.
As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 1747, H.D. 1, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 1747, H.D. 1, S.D. 1, C.D. 1.
Respectfully submitted on behalf of the managers:
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ON THE PART OF THE SENATE |
ON THE PART OF THE HOUSE |
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____________________________ COLLEEN HANABUSA, Chair |
____________________________ BLAKE K. OSHIRO, Co-Chair |
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____________________________ BRIAN T. TANIGUCHI, Co-Chair |
____________________________ BERTHA C. KAWAKAMI, Co-Chair |
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