HOUSE OF REPRESENTATIVES

H.B. NO.

2174

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to campaign spending.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:


 

     SECTION 1.  Section 11-331, Hawaii Revised Statutes, is amended to read as follows:

     "§11-331  Filing of reports, generally.  (a)  Every report required to be filed by a candidate or candidate committee shall be certified by the candidate and treasurer.

     (b)  Every report required to be filed by a noncandidate committee shall be certified by the chairperson and treasurer.

     (c)  Every report required to be filed by a corporation shall be certified by an officer of the corporation.

     [(c)](d)  All reports required to be filed under this part shall be filed on the commission's electronic filing system.

     (d)  For purposes of this part, whenever a report is required to be filed with the commission, "filed" means that a report shall be filed with the commission's electronic filing system by the date and time specified for the filing of the report by:

     (1)  The candidate or candidate committee of a candidate who is seeking election to the:

         (A)  Office of governor;

         (B)  Office of lieutenant governor;

         (C)  Office of mayor;

         (D)  Office of prosecuting attorney;

         (E)  County council;

         (F)  Senate;

         (G)  House of representatives; or

         (H)  Office of Hawaiian affairs; [or]

     (2)  A noncandidate committee required to be registered with the commission pursuant to section 11-323[.]; or

     (3)  A corporation.

     (e)  To be timely filed, a committee's reports shall be filed with the commission's electronic filing system on or before 11:59 p.m. Hawaiian standard time on the filing date specified.

     (f)  All reports filed under this part are public records[.], and shall be made available for public inspection on the commission's website in a searchable database.

     (g)  For the purposes of this part, "searchable database" shall mean an online database that allows a person to, among other things:

     (1)  Search any report required under this part by any identifying element required in the reports;

     (2)  Ascertain through a single search the total amount of contributions or expenditures for a person, party, candidate, candidate committee, or noncandidate committee for the applicable reporting period or election period; and

     (3)  Download reports and data maintained in the data base."

     SECTION 2.  Section 11-332, Hawaii Revised Statutes, is amended to read as follows:

     "[[11-332[]]  Filing report by corporations.   (a)  [A] An officer of a corporation shall file a report with the commission for contributions or expenditures from its own treasury that aggregate more than $1,000 per two year election period made directly to or on behalf of a candidate [or], candidate committee[;], or noncandidate committee; provided that this section shall not authorize contributions or expenditures to or on behalf of a candidate [or], candidate committee, or noncandidate committee where otherwise prohibited by this part.  The reporting shall be made pursuant to the time requirements contained in section 11-336 and section 11-338.

     (b)   The filing shall include the name of the corporation, business address, [a contact individual, and] the filing officer for the corporation, amounts contributed that are more than $100 to [each] any individual candidate [or], candidate committee[.], or noncandidate committee, and the name of each individual candidate, candidate committee, or noncandidate committee for whom or on whose behalf the contribution or expense was ultimately intended, and its purpose including any advertisement or electioneering communication.

     (c)  For the purposes of this section, "electioneering communication" shall have the same meaning as in section 11-341."

     SECTION 3.  Section 11-335, Hawaii Revised Statutes, is amended to read as follows:

     "[[11-335[]]  Noncandidate committee reports.  (a)  The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall file preliminary, final, and supplemental reports that disclose the following information:

     (1)  The noncandidate committee's name and address;

     (2)  The cash on hand at the beginning of the reporting period and election period;

     (3)  The reporting period and election period aggregate totals for each of the following categories:

         (A)  Contributions;

         (B)  Expenditures; and

         (C)  Other receipts;

     (4)  The cash on hand at the end of the reporting period; and

     (5)  The surplus or deficit at the end of the reporting period.

     (b)  Schedules filed with the reports shall include the following additional information:

     (1)  The amount and date of deposit of each contribution and the name, address, occupation, and employer of each contributor making a contribution aggregating more than $100 during an election period, which was not previously reported; provided that if all the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit;

     (2)  All expenditures, including the name and address of each payee, and the amount, date, and purpose of each expenditure.  Expenditures for advertisements or electioneering communication shall include the names, if known, of the candidates identified or to be identified.  Expenditures for consultants, advertising agencies and similar firms, credit card payments, salaries, and candidate reimbursements shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;

     (3)  The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;

     (4)  A description of each durable asset, the date of acquisition, value at the time of acquisition, and the name and address of the vendor or contributor of the asset; and

     (5)  The date of disposition of a durable asset, value at the time of disposition, method of disposition, and name and address of the person receiving the asset.

     (c)  No loan may be made or received by a noncandidate committee.

     (d)  The authorized person in the case of a party, or treasurer in the case of a noncandidate committee that is not a party, shall file a late contribution report as provided in section 11-338 if the committee receives late contributions from any person aggregating more than $500 or makes late contributions aggregating more than $500.

     (e)  For the purposes of this section, "electioneering communication" shall have the same meaning as in section 11-341."

     SECTION 4.  Section 11-340, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  True and accurate reports shall be filed with the commission on or before the due dates specified in this part.  The commission may assess a fine against a person, party, candidate, candidate committee, or noncandidate committee that is required to file a report under this part if the report is not filed by the due date or if the report is substantially defective or deficient, as determined by the commission."

     SECTION 5.  The campaign spending commission shall enhance its website to make all reports required by part XIII of chapter 11, Hawaii Revised Statutes, available to the public by a searchable database as defined in section 1 of this Act, within three hundred and sixty days of the effective date of this Act. 

     SECTION 6.  The campaign spending commission shall adopt, amend, or repeal rules, pursuant to chapter 91, Hawaii Revised Statutes, to ensure proper disclosure of contributions and expenditures consistent with part XIII of chapter 11, Hawaii Revised Statutes, and shall prescribe the methods and requirements for a "person", as defined in section 11-302, Hawaii Revised Statutes, to include both noncandidate committees and corporations, to file a statement of information for each disbursement for electioneering communications in an aggregate amount of $2,000 or more during any calendar year pursuant to section 11-341, Hawaii Revised Statutes, within three hundred and sixty days of the effective date of this Act. 

SECTION 7.  The comptroller shall promptly notify the legislature in writing upon the adoption, amendment, or repeal of administrative rules ensuring proper disclosure of contributions and expenditures consistent with part XIII of chapter 11, Hawaii Revised Statutes, and prescribing the methods and requirements for a "person", as defined in section 11-302, Hawaii Revised Statutes, to include both noncandidate committees and corporations, to file a statement of information for each disbursement for electioneering communications in an aggregate amount of $2,000 or more during any calendar year pursuant to section 11-341, Hawaii Revised Statutes.  The comptroller shall also provide statewide public notice of the adoption, amendment, or repeal of rules pursuant to section 1-28.5, Hawaii Revised Statutes.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Campaign Finance; Electioneering Communications; Reporting

 

Description:

Requires the Campaign Spending Commission to maintain public records in a searchable database.  Amends reporting requirements by, amongst other things, requiring corporations and noncandidate committees to disclose the name of a candidate identified in any advertisement or electioneering communication which they have funded directly or indirectly.  Penalizes all persons failing to report to the Commission.  Mandates that the Commission implement rules for campaign spending consistent with Hawaii Revised Statutes within 360 days of the effective date of this Act.

 

 

 

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