SENATE FLOOR AMENDMENT

 

FLOOR AMENDMENT NO.  4 Date: 03-09-04

TO: S.B. No. 3030, S.D.1

SECTION 1. S.B. No. 3030, S.D.1 is amended by amending section 12 to read as follows:

"SECTION 12. Section 11-214, Hawaii Revised Statutes, is amended to read as follows:

"§11-214 Disposition of funds. (a) [All candidates who withdraw or cease to be candidates, or committees directly associated with such candidates, individuals who receive contributions but fail to file for nomination, or committees or parties which discontinue their activities covered in this subpart, shall return all residual private contributions to the donors of such contributions within four years if their identities are known, provided that if the identity of any donor is not known, or the donor cannot be found, such contribution shall escheat to the Hawaii election campaign fund or may be donated to a nonprofit organization of the candidate's choice. In the event of a death of a candidate, the candidate's committee, if any, shall return all residual private contributions to the donors of such contributions, provided that any residual contributions not returned to the donors within sixty days of the candidate's death shall escheat to the Hawaii election campaign fund or may be donated to a nonprofit organization of the candidate's choice.

(b) All residual public funds shall be returned to the Hawaii election campaign fund.

(c) Upon disposition of all residual funds, the candidate or campaign treasurer shall file a report with the commission, reporting the amounts distributed under this section and the manner of disposition.

(d) This section shall not apply to:

(1) Elected officials;

(2) Candidates who failed to be nominated or elected yet who become a candidate for nomination or election to office within four years thereafter;

(3) Elected officials who resign their office before the end of their term yet who file to become a candidate for reelection within four years after the end of the term from which they resigned; or

(4) Elected officials who do not seek reelection yet who file to become a candidate for election within four years after the end of the term from which they did not seek reelection.]

Candidates, committees, and individuals that receive contributions but fail to file a nomination for an election or an election shall return all contributions to the donors no later than the final date to file for a nomination for an election or an election. No funds from contributions may be expended for any purpose. Funds not returned to the donors shall escheat to the Hawaii election campaign fund.

(b) Candidates or committees that withdraw or cease to be candidates or committees for reasons, including death, term limits, disqualification, resignation, or other personal reasons shall return all unexpended contributions to the original donors. Unexpended funds not returned to the original donors shall escheat to the Hawaii election campaign fund within ninety days after the candidate or committee withdraws or ceases to be a candidate or committee. No funds received from any person shall be expended for any purpose other than for expenditures directly related to the candidate's or committee's activities to influence the outcome of the nomination for election or election.

(c) Candidates or committees directly associated with candidates, who:

(1) Are elected to office, may expend surplus funds pursuant to section 11-206 but under no circumstances shall expenditures be made from funds after four years from the date of the election for which the contributions are received; or

(2) Fail to be nominated or elected to office, may expend surplus funds pursuant to section 11-206 but under no circumstances shall expenditures be made from funds after ninety days from the date of the election for which the contributions are received.

Surplus funds may be expended by a candidate for the next subsequent election upon registration for the election pursuant to section 11-194.

(d) Candidates or committees upon disposition of funds under this section shall terminate candidacy as provided under section 11-213.""

 

SECTION 2. S.B. No. 3030, S.D.1 is amended by amending section 18 to read as follows:

"SECTION 18. This Act shall take effect on January 1, 2010."

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Offered by:

( ) Carried

 

( ) Failed to Carry

 

( ) Withdrawn