HOUSE OF REPRESENTATIVES

 

AMENDMENT TO:

House Bill No. 284 House Draft 1

 

OFFERED BY:

Representative Galen Fox

 

DATE:

March 4th, 2003

SECTION 1. House Bill No. 284 House Draft 1 is amended by deleting section 3 of the bill.

SECTION 2. House Bill No. 284 House Draft is further amended by amending section 4 to read as follows:

"SECTION 4. Section 11-191, Hawaii Revised Statutes, is amended as follows:

1. By adding four new definitions to be appropriately inserted and to read:

""Corporation" means any business entity authorized to transact business within the State or subject to the laws of the State.

 

 

 

 

 

CARRIED

 

FAILED TO CARRY

 
 
 

CLERK, HOUSE OF REPRESENTATIVES

 

"Independent expenditure" means a cost incurred by a person or noncandidate committee other than a candidate or candidate's committee for a communication that is disseminated during thirty calendar days before a primary election or sixty days before a general election that expressly advocates for the election or defeat of a candidate and is made without the participation, cooperation, or coordination of a candidate or candidate's committee, or its authorized agents.

"Labor organization" means any organization of any kind, or any agency or employee representation committee, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or conditions of work.

"Separate segregated fund" means an account set up by any corporation, labor organization, membership organization, cooperative, or corporation without capital stock for the purpose of making contributions or expenditures to influence the nomination for election, or election of any candidate."

2. By amending the definitions of "candidate's committee", "committee", "contribution", "election period", and "noncandidate committee" to read:

""Candidate's committee" means a committee as defined in this section which makes an expenditure or accepts a contribution in behalf of a candidate with the candidate's authorization. A candidate shall have only one authorized candidate's committee.

"Committee" means:

(1) Any individual, organization, association, or [individual] a separate segregated fund that accepts or makes a contribution or makes an expenditure for or against any:

(A) Candidate;

(B) Individual who files for nomination at a later date and becomes a candidate; or

(C) Party;

with or without the authorization of the candidate, individual, or party. In addition, the term "committee" means any organization, association, or individual who accepts or makes a contribution or makes an expenditure for or against any question or issue appearing on the ballot at the next applicable election; or

(2) Any organization, association, or individual that raises or holds money or anything of value for a political purpose, with or without the consent or knowledge of any:

(A) Candidate;

(B) Individual who files for nomination at a later date and becomes a candidate; or

(C) Party; and

subsequently contributes money or anything of value to, or makes expenditures on behalf of, the candidate, individual, or party.

Notwithstanding any of the foregoing, the term "committee" shall not include any individual making a contribution or expenditure of the individual's own funds or anything of value that the individual originally acquired for the individual's own use and not for the purpose of evading any provision of this subpart, or any organization, which raises or expends funds for the sole purpose of the production and dissemination of informational or educational advertising.

"Contribution" means:

(1) A gift, subscription, deposits of money or anything of value, or cancellation of a debt or legal obligation and includes the purchase of tickets to fundraisers for the purpose of:

(A) Influencing the nomination for election, or election, of any person to office;

(B) Influencing the outcome of any question or issue that appears or is reasonably certain to appear on the ballot at the next applicable election described in subparagraph (A); or

(C) Use by any party or committee for the purposes set out in subparagraph (A) or (B);

(2) The payment, by any person, political party, or any other entity other than a candidate or committee, of compensation for the personal services or services of another person that are rendered to the candidate or committee without charge or at an unreasonably low charge for the purposes set out in paragraph (1)(A), (1)(B), or (1)(C);

(3) A contract, promise, or agreement to make a contribution; provided that notwithstanding this paragraph and paragraphs (1) and (2), the term "contributions" shall not include services or portions thereof voluntarily provided without reasonable compensation by individuals to or in behalf of a candidate or committee; or

(4) Notwithstanding paragraphs (1), (2), and (3), a candidate's expenditure of the candidate's own funds or the making of a loan or advance in the pursuit of the candidate's campaign shall not be a contribution for the purpose of this subpart but shall nevertheless be reportable as a campaign receipt.

"Election period" means the two-year period between general election days. [if a candidate is seeking nomination or election to a two-year office and the four-year time period between general election days if a candidate is seeking nomination or election to a four-year office.]

"Noncandidate committee" means a committee as defined in this section and includes any separate segregated fund used for a political purpose by a corporation, labor organization, membership organization, trade association, cooperative, or corporation without capital stock, but does not include a candidate's committee."

SECTION 3. House Bill No. 284 House Draft 1 is further amended by deleting section 7.

SECTION 4. House Bill No. 284 House Draft 1 is further amended by renumbering the sections of the bill accordingly.