STAND. COM. REP. NO. 1447-22

Honolulu, Hawaii

, 2022

RE: S.B. No. 665

S.D. 1

H.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sir:

Your Committee on Government Reform, to which was referred S.B. No. 665, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Establish that knowingly or intentionally providing false information concerning the name or address of a person paying for a campaign advertisement is a class C felony;

(2) Increase from four years to ten years the period during which a person convicted of a criminal violation of campaign finance law shall be disqualified from holding elective office;

(3) Establish that the exercise of enforcement authority by the Attorney General or Prosecuting Attorney may be the basis for prosecution of campaign finance law violations; and

(4) Repeal certain exemptions from criminal prosecution for campaign finance violations.

Your Committee received testimony in support of this measure from the Campaign Spending Commission and one individual. Your Committee received comments on this measure from Common Cause Hawaii.

Your Committee finds that campaign advertisements that contain false information regarding who is paying for the advertisement impairs public transparency in the electoral process. Your Committee further finds that intentionally making the false reporting of the name and address of the person paying for the campaign advertisement a felony will deter such conduct.

Your Committee has amended this measure by:

(1) Reverting to statutory language regarding fines for violations that lack required information or provide prohibited information;

(2) Clarifying that the class C felony offense established by this measure is for intentionally, rather than knowingly or intentionally, providing false information; and

(3) Changing its effective date to July 1, 2112, to encourage further discussion.

Your Committee respectfully requests your Committee on Judiciary & Hawaiian Affairs, should it choose to deliberate on this measure, to consider establishing that knowingly, recklessly, or intentionally providing false information concerning the name or address of a person paying for a campaign advertisement as a class C felony.

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 S.B. No. 665, S.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 665, S.D. 1, 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,

____________________________

ANGUS L.K. McKELVEY, Chair