Honolulu, Hawaii

                , 2019


RE:   H.B. No. 164

      H.D. 1





Honorable Scott K. Saiki

Speaker, House of Representatives

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




     Your Committee on Judiciary, to which was referred H.B. No. 164 entitled:




begs leave to report as follows:


     The purpose of this measure is to amend the requirements for a statement of information filed by each person who makes an expenditure for electioneering communications of more than $2,000 in the aggregate during any calendar year by:


     (1)  Amending the definition of "disclosure date" to mean the first date on which an electioneering communication is publicly distributed and any other date on which an electioneering communication is publicly distributed during that same year;


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


          (A)  Include any advertisement sent by mail instead of at a bulk rate; and


          (B)  Repeal the exclusion of communications that constitute expenditures by the expending organization; and


     (3)  Repealing the requirement that a person be treated as having made an expenditure if the person has executed a contract to make the expenditure.


     The Campaign Spending Commission testified in support of this measure.  An individual provided comments.


     Your Committee has amended this measure by:


     (1)  Including a preamble;


     (2)  Specifying that the statement of information shall only apply to electioneering communications made by noncandidate committees;


     (3)  Expanding the definition of "disclosure date" to include the date that any electioneering communication in any amount is publicly distributed on a social media platform;


     (4)  Defining an "electioneering communication" as an advertisement that is made within ninety days, rather than thirty days, prior to a primary, general, initial special election, or special election;


     (5)  Requiring that any advertisement by a noncandidate committee that makes only independent expenditures to disclose the contributors to the noncandidate committee; and


     (6)  Making technical, nonsubstantive amendments for clarity, consistency, and style.


     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 164, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 164, H.D. 1, and be placed on the calendar for Third Reading.


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