STAND. COM. REP. NO.  1609

Honolulu, Hawaii

                , 2011

RE:   H.C.R. No. 51

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.C.R. No. 51 entitled:

"HOUSE CONCURRENT RESOLUTION URGING THE UNITED STATES CONGRESS TO PROPOSE AN AMENDMENT TO THE UNITED STATES CONSTITUTION FOR THE STATES' CONSIDERATION TO PROVIDE THAT CORPORATIONS ARE NOT PERSONS UNDER THE LAWS OF THE UNITED STATES OR ANY OF ITS JURISDICTIONAL SUBDIVISIONS,"

begs leave to report as follows:

     The purpose of this concurrent resolution is to urge Congress to propose an amendment to the United States Constitution for the states' consideration to provide that corporations are not persons under the laws of the United States or any of its jurisdictional subdivisions.

     The League of Women Voters of Hawaii and Common Cause Hawaii testified in support of this measure.  A concerned individual opposed this measure.

     Your Committee has amended this measure by:

     (1)  Clarifying that the United States Supreme Court decision, Citizens United v. Federal Election Commission, 130 S.Ct. 876 (2010), allowed corporate expenditures in federal election campaigns versus contributions; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 51, as amended herein, and recommends its adoption in the form attached hereto as H.C.R. No. 51, H.D. 1.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

GILBERT KEITH-AGARAN, Chair