STAND. COM. REP. NO. 1272

Honolulu, Hawaii

, 2005

RE: H.B. No. 1713

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. 1713, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CAMPAIGN SPENDING,"

begs leave to report as follows:

The purpose of this measure is to establish a comprehensive public funding program for candidates running for state legislative offices as well as the offices of Governor and Lieutenant Governor.

Specifically, this measure:

(1) Utilizes the Hawaii Election Campaign Fund as the mechanism to publicly fund qualifying candidates for the Offices of Governor and Lieutenant Governor as well as state legislative office;

(2) Establishes qualifications and conditions that a candidate must satisfy before being eligible to receive comprehensive public funding;

(3) Enacts standards relating to the use of seed money by candidates;

(4) Imposes restrictions on the use of surplus campaign funds;

(5) Establishes reporting requirements on publicly funded candidates relating to documenting qualifying contributions, seed money contributions, and expenditures;

(6) Establishes the criteria as well as the process and procedure for a qualified candidate to receive equalizing funds; and

(7) Enacts penalty provisions, including criminal sanctions for violations of this program.

Testimony in support of this measure was submitted by the Mayor of the County of Hawaii, the Vice Chair of the Hawaii County Council, the Vice Chair of the Maui County Council, the Hawaii State Coalition Against Domestic Violence, Life of the Land, the Sierra Club Hawaii Chapter, Clean Elections Hawaii, the AARP of Hawaii, the Conservation Council for Hawaii, and twenty-six individuals. Testimony in opposition to the measure was submitted by the Department of Taxation, the Campaign Spending Commission, the Department of Budget and Finance, the Department of Accounting and General Services, the Libertarian Party of Hawaii, and one individual. The Office of Elections and the League of Women Voters of Hawaii offered comments on the measure.

Your Committee finds that this measure enacts a comprehensive public funding program for candidates for state elective office who are willing to abide by campaign contribution and expenditure limits. This measure is designed to address concerns within the community with respect to addressing the issue of campaign spending reform.

Your Committee has amended this measure by:

(1) Limiting the comprehensive public funding program to candidates for the offices of the Governor, Lieutenant Governor, and Prosecuting Attorney;

(2) Establishing standards and eligibility requirements with respect to candidates seeking to obtain comprehensive public funding for the office of the Prosecuting Attorney, including limits relating to seed money contributions and qualifying campaign contributions;

(3) Utilizing general funds of the State as opposed to funds from the Hawaii Election Campaign Fund as the primary source of funding for this program;

(4) Removing specific dollar amounts and percentages contained throughout the measure with respect to seed money contributions, qualifying contributions, amount of base public funding, and equalizing funds for purposes of promoting continuing discussion on the measure; and

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

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. 1713, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1713, H.D. 1, S.D. 1, and be referred to the Committee on Ways and Means.

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

____________________________

COLLEEN HANABUSA, Chair