STAND. COM. REP. NO. 3237

 

Honolulu, Hawaii

                  

 

RE:    H.C.R. No. 282

       H.D. 1

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Transportation, International and Intergovernmental Affairs, to which was referred H.C.R. No. 282, H.D. 1, entitled:

 

"HOUSE CONCURRENT RESOLUTION REQUESTING CONGRESS TO PROPOSE AN AMENDMENT TO THE CONSTITUTION OF THE UNITED STATES TO PERMIT CONGRESS AND THE STATES TO REGULATE THE EXPENDITURE OF FUNDS BY CORPORATIONS ENGAGING IN POLITICAL SPEECH,"

 

begs leave to report as follows:

 

     The purpose of this measure is to request that the U.S. Congress propose and send to the states for ratification a constitutional amendment to clarify the distinction between the rights of natural persons and the rights of corporations, thereby preserving the power of Congress and the states to place limits on the ability of corporations to influence the outcome of elections through political expenditures.

 

     Your Committee received testimony in support of this measure from the Democratic Party of Hawaii, Common Cause Hawaii, and The League of Women Voters of Hawaii.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     The Legislature has grave concerns regarding the implications of the United States Supreme Court's decision in its five to four ruling in Citizens United v. Federal Elections Commission.  This decision threatens to invalidate the legislative deliberations of Congress and the states to restrict the influence of corporate power on the political system.  A ruling by the United States Supreme Court cannot be overturned by legislation; however, Congress can propose and send to the states for ratification a constitutional amendment to clarify the distinction between natural persons and the rights of corporations to remedy the situation.

 

     As affirmed by the record of votes of the members of your Committee on Transportation, International and Intergovernmental Affairs that is attached to this report, your Committee concurs with the intent and purpose of H.C.R. No. 282, H.D. 1, and recommends its adoption.

 

Respectfully submitted on behalf of the members of the Committee on Transportation, International and Intergovernmental Affairs,

 

 

 

____________________________

J. KALANI ENGLISH, Chair