Bill Text: HI SB202 | 2016 | Regular Session | Amended
Bill Title: Campaign Spending; Noncandidate Committee Reporting; Ballot Issue
Spectrum: Partisan Bill (Democrat 9-0)
Status: (Engrossed - Dead) 2015-12-17 - Carried over to 2016 Regular Session. [SB202 Detail]
Download: Hawaii-2016-SB202-Amended.html
THE SENATE |
S.B. NO. |
202 |
TWENTY-EIGHTH LEGISLATURE, 2015 |
S.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. The legislature finds that noncandidate committees spend money for the purpose of influencing public opinion on issues and candidates through electioneering communications. The legislature further finds that the public should have access to information on the ballot issue or candidate that a noncandidate committee is expending money on.
The purpose of this Act is to clarify reporting requirements for noncandidate committees for electioneering communications.
SECTION 2. Section 11-335, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(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, 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[;], and identification of the ballot issue being
advocated for or against; provided that:
(A) Expenditures for advertisements or
electioneering communications shall include the names of the candidates
supported, opposed, or clearly identified[;], and identification of
the ballot issue being advocated for or against;
(B) 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[;],
including the identification of the ballot issue being advocated for or
against;
(C) Independent expenditures shall include the
name of any candidate supported, opposed, or clearly identified[;], and
the identification of the ballot issue being advocated for or against; 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[;]. It shall also include the
identification of the ballot issue being advocated for or against, and whether
the expenditure supports or opposes the ballot issue;
(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; and
(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."
SECTION 3. Section 11-341, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) For purposes of this section:
"Disclosure date" means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $2,000 in the aggregate for electioneering communications, and the date of any subsequent expenditures by that person for electioneering communications.
"Electioneering communication" means any advertisement that is broadcast from a cable, satellite, television, or radio broadcast station; published in any periodical or newspaper or by electronic means; or sent by mail at a bulk rate, and that:
(1) Refers to a clearly
identifiable candidate[;] or ballot issue;
(2) Is made, or scheduled to be made, either within thirty days prior to a primary or initial special election or within sixty days prior to a general or special election; and
(3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.
"Electioneering communication" shall not include communications:
(1) In a news story or editorial disseminated by any broadcast station or publisher of periodicals or newspapers, unless the facilities are owned or controlled by a candidate, candidate committee, or noncandidate committee;
(2) That constitute expenditures by the expending organization;
(3) In house bulletins; or
(4) That constitute a candidate debate or forum, or solely promote a debate or forum and are made by or on behalf of the person sponsoring the debate or forum."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 7, 2059.
Report Title:
Campaign Spending; Noncandidate Committee Reporting; Ballot Issue
Description:
Amends the reporting requirements of noncandidate committees to include identification of a ballot issue being advocated for or against. Amends the definition of "electioneering communication" to include reference to a clearly identifiable ballot issue. Effective 01/07/2059. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.