Bill Text: HI HB201 | 2013 | Regular Session | Amended
Bill Title: Elections; Campaign Spending
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2013-03-19 - The committee on JDL deferred the measure. [HB201 Detail]
Download: Hawaii-2013-HB201-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
201 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CAMPAIGN SPENDING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-302, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Matching payment period” means:
(1) For a primary election, from January 1 of the year of a general election through the day of the primary election; and
(2) For a general election, from January 1 of the year of the general election through the day of the general election."
SECTION 2. Section 11-314, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-314[]] Duties of the commission.
The duties of the commission under this part are to:
(1) Develop and adopt forms required by this part;
(2) Adopt and publish a manual for all candidates, candidate committees, and noncandidate committees, describing the requirements of this part, including uniform and simple methods of recordkeeping;
(3) Preserve all reports required by this part for at least ten years from the date of receipt by the commission;
(4) Permit the inspection, copying, or [duplicating]
duplication of any report required by this part pursuant to rules
adopted by the commission under chapter 91; provided that this paragraph shall
not apply to the sale or use of information under section 11-344;
(5) Ascertain whether any candidate, treasurer,
candidate committee, noncandidate committee, or party has failed to file a
report required by this part or has filed a substantially defective or
deficient report. The commission shall notify these persons by first class
mail that a fine may be assessed for the failure to file or the filing of a
substantially defective or deficient report, and the defective or deficient
report shall be corrected and explained. All fines collected under this
section as authorized by [section] sections 11-340 and 11-410
shall be deposited in the general fund of the State;
(6) Hold public hearings;
(7) Investigate and hold hearings for receiving evidence of any violations pursuant to subpart I of this part;
(8) Adopt rules pursuant to chapter 91;
(9) Request the initiation of prosecution for the violation of this part pursuant to section 11-411;
(10) Administer and monitor the distribution of public funds under this part;
(11) Suggest accounting methods for candidates, candidate committees, or noncandidate committees in connection with reports and records required by this part;
(12) Employ or contract with, without regard to chapters 76, 78, and 89, persons it finds necessary for the performance of its functions, including a full-time executive director, and to fix their compensation; provided that the commission shall have the authority, at its discretion, to dismiss persons employed by or contracted with the commission;
(13) Conduct random audits and field investigations, as necessary; and
(14) File for injunctive relief when indicated."
SECTION 3. Section 11-321, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) An organizational report need not be
filed under this section by an elected official who is a candidate for
reelection to the same office in successive elections and has not sought
election to any other office during the period between elections, unless the
candidate is required to report a change in information pursuant to section [11-323.]
11-322."
SECTION 4. Section 11-331, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(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.]
11-321."
SECTION 5. Section 11-334, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The candidate and treasurer of the candidate committee of each candidate whose name will appear on the ballot in the immediately succeeding election shall file preliminary, final, and supplemental reports.
(1) The filing dates for preliminary reports are:
(A) Thirty calendar days prior to a primary election;
(B) Ten calendar days prior to a primary, each special, or each nonpartisan election; and
(C) Ten calendar days prior to a general election; provided that this preliminary report does not need to be filed by a candidate who is unsuccessful in a primary, special, or nonpartisan election, or a candidate who is elected to office in the primary, initial special, or initial nonpartisan election.
The preliminary report filed by the date required under subparagraph (A) shall be current through June 30, and all other preliminary reports shall be current through the fifth calendar day before the filing deadline of those other preliminary reports.
(2) The filing date for the final primary report is twenty calendar days after a primary, initial special, or initial nonpartisan election. The report shall be current through the day of the applicable election.
(3) The filing date for the final election period report is thirty calendar days after a general, subsequent, subsequent special, or subsequent nonpartisan election. The report shall be current through the day of the applicable election. The final election period report shall be filed by a candidate who is unsuccessful in a primary, initial special, or initial nonpartisan election or a candidate who is elected to office in the primary, initial special, or initial nonpartisan election.
(4) The filing dates for supplemental reports are:
(A) January 31 [after an election year];
and
(B) July 31 after an election year.
The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31."
SECTION 6. Section 11-335, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(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;
[(B)] (C) Expenditures; and
[(C)] (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; 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 each contribution made and the name and address of the candidate committee or noncandidate committee to which the contribution was made;
[(2)] (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 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; and
(B) 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;
[(3)] (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;
[(4)] (5) 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)] (6) 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."
SECTION 7. Section 11-336, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) The filing dates for supplemental reports are:
(1) January 31 [after an election year]; and
(2) July 31 after an election year.
The report shall be current through December 31 for the report filed on January 31 and current through June 30 for the report filed on July 31."
SECTION 8. Section 11-359, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) A contribution by the candidate's
immediate family shall be exempt from section [11-355,] 11-357
but shall be limited in the aggregate to $50,000 in any election period;
provided that the aggregate amount of loans and contributions received from the
candidate's immediate family does not exceed $50,000 during an election period."
SECTION 9. Section 11-423, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (b) to read:
"(b) The affidavit shall state that the
candidate knows the voluntary campaign expenditure limitations as set out in
this part and that the candidate is voluntarily agreeing to limit the candidate's
expenditures and those made on the candidate's behalf by the amount set by law.
The affidavit shall be subscribed to by the candidate [and],
notarized[.], and filed no later than the time of filing nomination
papers with the chief election officer or county clerk."
2. By amending subsection (d) to read:
"(d) From January 1 of the year of any primary, special, or general election, the aggregate expenditures for each election by a candidate who voluntarily agrees to limit campaign expenditures, inclusive of all expenditures made or authorized by the candidate alone, all treasurers, the candidate committee, and noncandidate committees on the candidate's behalf, shall not exceed the following amounts expressed, respectively multiplied by the number of voters in the last preceding general election registered to vote in each respective voting district:
(1) For the office of governor — $2.50;
(2) For the office of lieutenant governor — $1.40;
(3) For the office of mayor — $2.00;
(4) For the offices of state senator, state
representative, [and] county council member, and prosecuting attorney
— $1.40; and
(5) For all other offices — 20 cents."
SECTION 10. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 11. This Act shall take effect upon its approval.
Report Title:
Elections; Campaign Spending
Description:
Amends the campaign finance law by: Defining "matching payment period"; Correcting statutory references; Changing report filing deadlines; Specifying noncandidate committee reporting requirements for contributions made; Requiring the identification of the candidate supported or opposed by an independent expenditure; and Increasing the amount of allowable expenditures made by a partially publicly financed candidate for the office of prosecuting attorney. (HB201 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
