Bill Text: HI SB1155 | 2024 | Regular Session | Introduced
Bill Title: Relating To Elections.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2023-12-11 - Carried over to 2024 Regular Session. [SB1155 Detail]
Download: Hawaii-2024-SB1155-Introduced.html
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THE SENATE |
S.B. NO. |
1155 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to elections.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that years ago, a law limiting nonresident contributions to only thirty per cent of the total of a candidate's contribution limit was enacted to ensure that dark, offshore money would not be allowed to influence or overwhelm local elections with out-of-state interests. The legislature further finds that this concern has only been heightened due to the numerous amounts of out-of-state investors and snowbirds who are residents of and are registered to vote in other states.
The legislature also finds that the current system of reporting allows donators to simply use a mailing address to determine residency, which has created a loophole for many part-time residents and out-of-state investors due to the fact that they often have post office boxes, which hide the true nature of their residency.
Accordingly, the purpose of this Act is to require that schedules filed with the candidate committee and noncandidate committee reports include the amount and date of deposit of each contribution and the name and both the mailing and physical address of each contributor who is not a registered voter or a registered political action committee in the State at the time of the contribution; provided that the information be excluded from public inspection and used only for review by the campaign spending commission.
SECTION 2. Section 11-331, Hawaii Revised Statutes, is amended by amending subsection (f) to read as follows:
"(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[.]; provided that information
provided pursuant to sections 11-333(c) and 11‑335(c) shall not be
available for public inspection on the commission's website."
SECTION 3. Section 11-333, Hawaii Revised Statutes, is amended to read as follows:
"§11-333 Candidate committee reports. (a) The candidate and treasurer shall file preliminary, final, and supplemental reports that shall disclose the following information:
(1) The candidate 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;
(C) Other receipts; and
(D) Loans;
(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 and address of each contributor who makes contributions aggregating more than $100 in an election period; provided that if all the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit;
(2) The amount and date of deposit of each contribution and the name, address, occupation, and employer of each contributor who makes contributions aggregating $1,000 or more during an election period; provided that if all the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit;
(3) All expenditures, including the name and address of each payee and the amount, date, and purpose of each expenditure. Expenditures for consultants, advertising agencies and similar firms, credit card payments, salaries, and committee reimbursements to the candidate or other individuals shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;
(4) The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;
(5) Information about each loan received by the committee, together with the names and addresses of the lender and each person liable directly, and the amount of each loan. A copy of the executed loan document shall be received by the commission by mail or delivery on or before the filing date for the report covering the reporting period when the loan was received. The document shall contain the terms of the loan, including the interest and repayment schedule. Failure to disclose the loan or to provide documentation of the loan to the commission shall cause the loan to be treated as a contribution, subject to all relevant provisions of this part;
(6) 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
(7) The date of disposition of each durable asset, value at the time of disposition, the method of disposition, and the name and address of the person receiving the asset.
(c) Schedules filed with the reports shall
also include the amount and date of deposit of each contribution and the name
and both the mailing and physical address of each contributor who is not a
registered voter or a registered political action committee in the State at the
time of the contribution; provided that this information shall be excluded from
public inspection and used only for review by the commission.
[(c)]
(d) The candidate committee 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."
SECTION 4. 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 received;
(B) Contributions made;
(C) Expenditures; and
(D) 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 received 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 pursuant to this section; provided that if:
(A) All the information is not on file, the contribution shall be returned to the contributor within thirty days of deposit; and
(B) A noncandidate committee making only independent expenditures receives a contribution of more than $10,000 in the aggregate in an election period from an entity other than an individual, for-profit business entity, or labor union, then the schedule shall include:
(i) The internet address where the contributing entity's disclosure report can be publicly accessed, if the contributing entity is subject to state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;
(ii) The name, address, occupation, and employer of each funding source that contributed $100 or more in the aggregate in an election period to that contributing entity; or
(iii) An acknowledgment that the contributing entity is not subject to any state or federal disclosure reporting requirements regarding the source of the contributing entity's funds;
(2) The amount and date of each contribution made and the name and address of the candidate, candidate committee, or noncandidate committee to which the contribution was made;
(3) All expenditures, including the name and address of each payee and the amount, date, and purpose of each expenditure; provided that:
(A) Expenditures for advertisements or electioneering communications shall include the names of the candidates supported, opposed, or clearly identified;
(B) Expenditures for consultants, advertising agencies and similar firms, credit card payments, and salaries shall be itemized to permit a reasonable person to determine the ultimate intended recipient of the expenditure and its purpose;
(C) Independent expenditures shall include the name of any candidate supported, opposed, or clearly identified; and
(D) The purpose of an independent expenditure shall include the name of the candidate who is supported or opposed by the expenditure, and whether the expenditure supports or opposes the candidate;
(4) For noncandidate committees making only independent expenditures, certification that no expenditures have been coordinated with a candidate, candidate committee, or any agent of a candidate or candidate committee;
(5) The amount, date of deposit, and description of other receipts and the name and address of the source of each of the other receipts;
(6) 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;
(7) 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; and
(8) For donations received by a nonprofit organization subject to this chapter and operating as a noncandidate committee, the amount and date of deposit of each donation received and the name and address of each donor making a donation individually or aggregating more than $10,000 during an election period, which was not previously reported pursuant to this section; provided that a schedule filed pursuant to this section shall not include a donor if the donor has not provided consent pursuant to section 11-345.
(c) Schedules filed with the reports shall
also include the amount and date of deposit of each contribution and the name
and both the mailing and physical address of each contributor who is not a
registered voter or a registered political action committee in the State at the
time of the contribution; provided that this information shall be excluded from
public inspection and used only for review by the commission.
[(c)]
(d) No loan may be made or
received by a noncandidate committee.
[(d)]
(e) 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."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Elections; Committee Reports; Nonresident; Information
Description:
Requires that schedules filed with the candidate committee and noncandidate committee reports include the amount and date of deposit of each contribution and the name and both the mailing and physical address of each contributor who is not a registered voter or a registered political action committee in the State at the time of the contribution; provided that the information be excluded from public inspection and used only for review by the Campaign Spending Commission.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
