STAND.
COM. REP. NO. 104
Honolulu, Hawaii
, 2021
RE: H.B. No. 656
H.D. 1
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-First State Legislature
Regular Session of 2021
State of Hawaii
Sir:
Your Committee on Government Reform, to which was referred H.B. No. 656 entitled:
"A BILL FOR AN ACT RELATING TO ELECTIONS,"
begs leave to report as follows:
The purpose of this measure is to exclude:
(1) Communications on clothing and other attire associated with a candidate's candidate committee from the definition of "advertisement"; and
(2) Clothing, other attire, yard signs, and sundry items and advertisements made by a candidate or candidate's candidate committee from electioneering communication reporting requirements.
Your Committee recognizes the testimony on this measure by the Campaign Spending Commission, who raised in its testimony that articles of clothing are not advertisements and are therefore not electioneering communications. The Campaign Spending Commission additionally testified that yard signs are also not electioneering communications because they are not "broadcast, from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate."
Your Committee has accordingly amended this measure by:
(1) Deleting the provision excluding communications on clothing and other attire associated with a candidate's candidate committee from the definition of "advertisement";
(2) Removing communication of a candidate's name on clothing, other attire, and yard signs from the exclusion provisions under the definition of "electioneering communication";
(3) Changing its effective date to July 1, 2112, to encourage further discussion; and
(4) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it choose to deliberate on this measure, to examine the amendments made to this measure and the concerns raised by testifiers on the disclosure requirements for advertisements and electioneering communications.
As affirmed by the record of votes of the members of your Committee on Government Reform that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 656, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 656, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.
Respectfully submitted on behalf of the members of the Committee on Government Reform,
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____________________________ ANGUS L.K. McKELVEY, Chair |