STAND. COM. REP. NO 187

 

Honolulu, Hawaii

                

 

RE:    S.B. No. 441

       S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Ninth State Legislature

Regular Session of 2017

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary and Labor, to which was referred S.B. No. 441 entitled:

 

"A BILL FOR AN ACT RELATING TO ELECTIONEERING COMMUNICATIONS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to amend the electioneering communication law by:

 

     (1)  Clarifying that the disclosure date of an electioneering communication for which a statement of information is required to be filed with the Campaign Spending Commission is any date on which an electioneering communication is publicly distributed, if actions taken by the person making the electioneering communication meet certain conditions; and

 

     (2)  Amending the definition of "electioneering communication" to:

 

          (A)  Clarify that all mailers, rather than only mailers sent at bulk rate, are included as an electioneering communication; and

 

          (B)  Delete language that excludes expenditures by expending organizations as an electioneering communication, for purposes of consistency.

 

     Your Committee received testimony in support of this measure from the Campaign Spending Commission.  Your Committee received testimony in opposition to this measure from the Libertarian Party of Hawaii.

 

     Your Committee finds that this measure provides necessary housekeeping amendments to clarify the disclosure date of an electioneering communication, which impacts the filing of a statement of information, and the types of communication that comprise an electioneering communication.

 

     Your Committee notes that with the proliferation of social media, online electronic communications for elections have increased over the years.  Your Committee believes that this mode of electioneering communication merits further discussion as this measure moves through the legislative process.

 

     Your Committee has amended this measure by:

 

     (1)  Inserting an effective date of January 7, 2059, to encourage further discussion; and

 

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary and Labor that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 441, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 441, S.D. 1, and be referred to your Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary and Labor,

 

 

 

________________________________

GILBERT S.C. KEITH-AGARAN, Chair