STAND. COM. REP. NO. 1459

Honolulu, Hawaii

, 2005

RE: H.B. No. 1747

H.D. 1

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred H.B. No. 1747, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CAMPAIGNS,"

begs leave to report as follows:

The purpose of this measure is to amend provisions of Hawaii's campaign spending laws.

Specifically, this measure:

(1) Limits contributions from nonresident individuals, persons, and noncandidate committees organized under the laws of another state to thirty per cent of the total contributions received by a candidate or candidate's committee during an election period;

(2) Requires candidates to file an organizational report within ten days of filing nomination papers for office or the date that the candidate or candidate's committee receives contributions or makes expenditures that exceed $100 in the aggregate;

(3) Extends electronic filing requirements to the offices of State Senate, State House of Representatives, and the Office of Hawaiian Affairs;

(4) Limits donors to a maximum contribution of $500 to an individual candidate and a total contribution limit of $25,000 for all candidates in an election period; and

(5) Makes Office of Hawaiian Affairs candidates eligible to participate in as well as receive $1500 in the public funds for campaign expenses.

Testimony in support of this measure was submitted by the Campaign Spending Commission and the Hawaii State Teachers Association. The Hawaii Government Employees Association testified in opposition to the measure. The Department of the Prosecuting Attorney for the City and County of Honolulu and the Department of the Attorney General commented on the measure.

Your Committee finds that this measure is designed to address concerns in the community with respect to reforming Hawaii's campaign spending laws.

Your Committee has amended this measure by inserting certain provisions of Senate Bill No. 440, S.D.1, H.D. 1 into this measure. Additionally, your Committee has amended this measure by:

(1) Clarifying that contributions from an individual or any person who is not a resident of this State, at the time the contribution is made, shall not exceed thirty per cent of the total contributions received by a candidate or candidate's committee during the election;

(2) Establishing a public funding program for elections to the office of the Prosecuting Attorney, including qualifying contribution requirements, expenditure limits, and disposition of surplus funds;

(3) Removing the prohibition against contributing campaign funds to community service, educational, youth, recreational, charitable, scientific or literary organizations; provided that these contributions are not made during the time period between a candidate's filing of nomination papers to the date of the general election;

(4) Clarifying that campaign contributions received from government contractors that are limited liability companies, limited liability partnerships, and limited liability limited partnerships are subject to contribution limits established by administrative rule by the Campaign Spending Commission, but sole proprietors are subject to contribution limits imposed on all other persons or entities;

(5) Requiring the return of campaign contributions to a donor within thirty days of deposit if the report submitted by the candidate to the Campaign Spending Commission is incomplete with respect to information relating to a donor of the campaign contribution; and

(6) Making technical, non-substantive amendments for purposes of clarity, consistency, and style.

Your Committee notes that this measure also protects employees from solicitation at work by requiring the individual soliciting campaign contributions to inform the employee of the employee's right to refuse to contribute without fear of reprisal.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1747, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1747, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair