Campaign fundraising;

Requires a candidate or candidate's committee to file a report
with the campaign spending commission disclosing disbursements
for electioneering communications. (SB1502 HD1)

THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            

                     A BILL FOR AN ACT



 1      SECTION 1.  Chapter 11, Hawaii Revised Statutes, is amended
 2 by adding a new section to be appropriately designated and to
 3 read as follows:
 4      "11-       Electioneering communications.  (a)  Every
 5 person who makes a disbursement for electioneering communications
 6 in an aggregate amount of $1,000 during any calendar year shall,
 7 within twenty-four hours of each disclosure date provided in this
 8 section, file with the commission a statement of information
 9 described in subsection (b).
10      (b)  Each statement required to be filed under this section
11 shall contain the following information:
12      (1)  The identification of the person making the
13           disbursement, any entity sharing or exercising
14           discretion or control over such person, and the
15           custodian of the books and accounts of the person
16           making the disbursement;
17      (2)  The state of incorporation and principal place of
18           business or, for an individual, the address of the
19           person making the disbursement;

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 1      (3)  The amount of each disbursement during the period
 2           covered by the statement and the identification of the
 3           person to whom the disbursement was made;
 4      (4)  The elections to which the electioneering
 5           communications pertain and the names, if known, of the
 6           candidates identified or to be identified;
 7      (5)  If the disbursements were made by a committee, the
 8           names and addresses of all persons who contributed to
 9           the committee for the purpose of publishing or
10           broadcasting the electioneering communications;
11      (6)  If the disbursements were made by an organization other
12           than a committee, the names and addresses of all
13           persons who contributed to the organization for the
14           purpose of publishing or broadcasting the
15           electioneering communications; and
16      (7)  Whether or not any electioneering communication is made
17           in coordination, cooperation, or concert with or at the
18           request or suggestion of any candidate, candidate
19           committee, political party or agent of any candidate,
20           candidate committee or political party and, if so, the
21           identification of the candidate, candidate committee,
22           political party, or agent involved.

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 1      (c)  For the purposes of this section:
 2      "Disclosure date" means, for every calendar year, the first
 3 date by which a person has made disbursements during that same
 4 year of more than $1,000, in the aggregate, for electioneering
 5 communications, and the date of any subsequent disbursements by
 6 that person for electioneering communications.
 7      "Electioneering communication" means any paid advertising
 8 broadcast from a television or radio broadcast station, or
 9 published in any periodical or newspaper, or sent by mail at a
10 bulk rate, which refers to a clearly identifiable candidate and
11 is made, or scheduled to be made, either within thirty days prior
12 to a primary or initial special election or within sixty days
13 prior to a general or special election.  "Electioneering
14 communication" shall not include communications in a news story
15 or editorial, communications which constitute expenditures by the
16 disbursing organization, or communications in house bulletins."
17      SECTION 2.  Section 11-207, Hawaii Revised Statutes, is
18 amended by amending subsection (a) to read as follows:
19      "(a)  Expenditures, or disbursements for electioneering
20 communications as defined in section 11-      , made by any
21 person or political party for the benefit of a candidate in
22 cooperation, consultation, or concert with, or at the request or

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 1 suggestion of, a candidate, a candidate's political committee, or
 2 their agents, shall be considered to be a contribution to such
 3 candidate[.] and expenditure by such candidate.
 4      The financing by any person or political party of the
 5 dissemination, distribution, or republication, in whole or in
 6 part, of any broadcast or any written or other campaign materials
 7 prepared by the candidate, the candidate's political committee or
 8 committees, or agents shall be considered to be a contribution to
 9 such candidate.
10      This subsection shall not apply to candidates for governor
11 or lieutenant governor supporting a co-candidate in the general
12 election."
13      SECTION 3.  Statutory material to be repealed is bracketed.
14 New statutory material is underscored.
15      SECTION 4.  This Act shall take effect upon its approval.