Bill Text: HI HB599 | 2013 | Regular Session | Introduced

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Bill Title: Campaign Advertisement; Notice of Final Approval Authority

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2013-01-22 - Referred to JUD, FIN, referral sheet 3 [HB599 Detail]

Download: Hawaii-2013-HB599-Introduced.html

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HOUSE OF REPRESENTATIVES	H.B. NO.	599
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO CAMPAIGN ADVERTISEMENTS.

 

 

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

 

     SECTION 1.  The purpose of this Act is to address campaign advertisements.

     This Act requires an advertisement, including electioneering communication, by a noncandidate committee or other person to identify the individual who finally approved the advertisement.  The intent of this provision is to make the public aware of the individual who bears ultimate responsibility for a campaign advertisement by a noncandidate committee or other person, especially a negative advertisement.

     This Act also removes the $5,000 maximum penalty when a candidate, candidate committee, noncandidate committee, ballot issue committee, or other person violates section 11-391, Hawaii Revised Statutes, concerning the disclosure of certain information on an advertisement

     SECTION 2.  Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part XIII, subpart H, to be appropriately designated and to read as follows:

     "§11-     Advertisement by noncandidate committee or other person; notice of individual with final approval authority.  (a)  This section shall apply to a noncandidate committee or other person who is not a candidate or candidate committee.

     (b)  Any advertisement by a noncandidate committee or other person shall identify the individual who finally approved the advertisement.  The identification shall be made by including in the advertisement a notice stating:  "Advertisement approved by (identity of the individual who finally approved the advertisement)."

     (c)  If the final approval of an advertisement is made by a collective body within a noncandidate committee or other person, the individual who heads the body shall be deemed the individual who finally approved the advertisement.

     (d)  The notice required by this section shall be stated, verbally or in writing, as applicable, immediately after the notice required under section 11-391.  For a printed advertisement, "immediately after" means the sentence immediately following or below.

     (e)  The fine for violation of this section, if assessed by the commission, shall not exceed $25 for each advertisement that lacks the information required by this section."

     SECTION 3.  Section 11-391, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-391[]]  Advertisements[.]; notice of payor, approval, and authority.  (a)  Any advertisement shall contain:

     (1)  The name and address of the candidate, candidate committee, noncandidate committee, or other person paying for the advertisement; and

     (2)  A notice in a prominent location stating either that:

         (A)  The advertisement is published, broadcast, televised, or circulated with the approval and authority of the candidate; provided that an advertisement paid for by a candidate, candidate committee, or ballot issue committee does not need to include the notice; or

         (B)  The advertisement is published, broadcast, televised, or circulated without the approval and authority of the candidate.

     (b)  The fine for violation of this section, if assessed by the commission, shall not exceed $25 for each advertisement that lacks the information required by this section[, and shall not exceed an aggregate amount of $5,000]."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Campaign Advertisement; Notice of Final Approval Authority

 

Description:

Requires a campaign advertisement by a noncandidate committee or other person to include a notice identifying the individual who finally approved the advertisement.  Removes the $5,000 maximum penalty when a campaign advertisement does not include information on the payor and approval authority of the advertisement.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.