Bill Text: HI SB2437 | 2016 | Regular Session | Introduced
Bill Title: Campaign Spending; Hawaii Election Campaign Fund; Hawaii Citizens' Election Fund
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2016-02-11 - Report adopted; Passed Second Reading and referred to WAM. [SB2437 Detail]
Download: Hawaii-2016-SB2437-Introduced.html
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THE SENATE |
S.B. NO. |
2437 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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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 every year Hawaii taxpayers are given the option to contribute $3 to the Hawaii election campaign fund, the public funding program administered by the Hawaii campaign spending commission, by means of a check box on their state income tax returns.
The legislature further finds that there has been a dramatic decline in the number of taxpayers selecting "yes" to make the $3 contribution. The decline in revenue to the Hawaii election campaign fund may be due, in part, to a misunderstanding of the purpose and nature of the fund.
The purpose of this Act is to change the current name of the fund from the "Hawaii election campaign fund" to the "Hawaii citizens' election fund" to promote public awareness and understanding of the fund, and thereby increase revenues derived from contributions made by means of the state income tax return.
SECTION 2. Section 11-327, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) A ballot issue committee shall
return all surplus funds to the contributors or donate funds to a community
service, educational, youth, recreational, charitable, scientific, or literary
organization within ninety days after the election for which the issue appeared
on the ballot. Surplus funds that are not returned or donated within ninety
days after the election for which the issue appeared on the ballot shall
escheat to the Hawaii citizens' election [campaign] fund."
SECTION 3. Section 11-352, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) All contributions made in the name
of a person other than the owner of the money, property, or service shall
escheat to the Hawaii citizens' election [campaign] fund."
SECTION 4. Section 11-353, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) An anonymous contribution shall not
be used or expended by the candidate, candidate committee, or noncandidate
committee, but shall be returned to the contributor. If the contributor cannot
be identified, the contribution shall escheat to the Hawaii citizens' election
[campaign] fund."
SECTION 5. Section 11-364, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any candidate, candidate committee,
or noncandidate committee that receives in the aggregate more than the
applicable contribution limit in section 11-357, 11-358, 11-359, or 11-360
shall return any excess contribution to the contributor within thirty days of
receipt of the excess contribution. Any excess contribution not returned to
the contributor within thirty days shall escheat to the Hawaii citizens'
election [campaign] fund."
SECTION 6. Section 11-384, Hawaii Revised Statutes, is amended by amending subsections (a) through (d) to read as follows:
"(a) The candidate committee and
candidate who receives contributions for an election but fails to file
nomination papers for that election shall return residual funds to the
contributors no later than ninety days after the date on which nominations for
that election shall be filed. Funds not returned to contributors shall escheat
to the Hawaii citizens' election [campaign] fund.
(b) The candidate committee and candidate who
withdraws or ceases to be a candidate for the election because of death,
disqualification, or other reasons shall return residual funds to the
contributors no later than ninety days after the candidate ceases to be a
candidate. Funds not returned to contributors shall escheat to the Hawaii citizens'
election [campaign] fund.
(c) A candidate who is elected to office,
including a candidate subject to term limits and a candidate who resigned
before the end of the term of office and the candidate committee of such a
candidate, may use campaign funds as provided in section 11-381 or return funds
to contributors until four years from the date of the election for which the
campaign funds were received. Funds that are not used or returned to
contributors shall escheat to the Hawaii citizens' election [campaign]
fund.
(d) A candidate who loses an election and the
candidate committee of such a candidate may use campaign funds as provided in
section 11-381 or return funds to contributors until one year from the date of
the election for which the campaign funds were received. Funds that are not
used or returned to contributors shall escheat to the Hawaii citizens' election
[campaign] fund."
SECTION 7. Section 11-421, Hawaii Revised Statutes, is amended by amending the title and subsection (a) to read as follows:
"[[]§11-421[]] Hawaii citizens' election [campaign] fund; creation.
(a) The Hawaii citizens' election [campaign] fund is created as
a trust fund within the state treasury."
SECTION 8. Section 11-422, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-422[]] Depletion of fund. (a)
The commission shall be under no obligation to provide moneys to candidates if,
in the partial public funding program or comprehensive public funding for
elections to the county of Hawaii council, moneys in the Hawaii citizens'
election [campaign] fund are near depletion.
(b) For the purpose of the partial funding
program, if the Hawaii citizens' election [campaign] fund is
close to depletion as determined by the commission, the commission shall
determine the amounts available to eligible candidates based on their order of
eligibility in qualifying for partial public funds, as determined by the date
of filing of an application for public funds with the commission pursuant to
section 11-428; provided that the application has been accepted by the
commission.
(c) For the purpose of the comprehensive
public funding for elections to the county councils, if the Hawaii citizens'
[[]election[] campaign] fund is close to depletion, the
commission shall determine whether the program shall be operative in accordance
with this part."
SECTION 9. Section 11-433, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-433[]] Post-election report required.
The treasurer shall electronically submit an expenditure of public funds report
to the commission no later than twenty days after a primary election and no
later than thirty days after a general election certifying that all public
funds paid to the candidate have been used as required by this part.
Should the commission determine that any
portion of the public funds have been used for noncampaign or other improper
expenses, it shall report such finding to the attorney general and shall order
the candidate to return all or part of the funds paid to that candidate for a
primary or general election. When public funds are returned, the funds shall
be deposited into the Hawaii citizens' election [campaign] fund."
SECTION 10. Section 11-434, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:
"(c) If the commission determines that
any payment of public funds to a candidate exceeded the aggregate amount to
which the candidate was entitled, the commission shall notify the candidate
within two years of the payment of the public funds and the candidate shall
repay the excess amount to the Hawaii citizens' election [campaign]
fund.
(d) If the commission determines that any
public funds were used for any improper purpose, the commission shall notify
the candidate, and the candidate shall pay to the Hawaii citizens' election
[campaign] fund an amount equal to three hundred per cent of such amount
in addition to any fines under section 11-410 and section 11-412."
SECTION 11. Section 11-435, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-435[]] Report and recommendation.
In January of each year, the commission shall submit to the legislature:
(1) A study and recommendations of reasonable campaign expenditure and contribution limits and the factors which may be relevant in their establishment; and
(2) A report concerning the status of the Hawaii citizens'
election [[campaign]] fund."
SECTION 12. Section 235-102.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any individual whose state income
tax liability for any taxable year is $3 or more may designate $3 of the
liability to be paid over to the Hawaii citizens' election [campaign]
fund, any other law to the contrary notwithstanding, when submitting a state
income tax return to the department. In the case of a joint return of a
husband and wife having a state income tax liability of $6 or more, each spouse
may designate that $3 be paid to the fund. The director of taxation shall
revise the individual state income tax form to allow the designation of
contributions to the fund on the face of the tax return and immediately above
the signature lines. An explanation shall be included which clearly states
that the check-off does not constitute an additional tax liability. If no
designation was made on the original tax return when filed, a designation may
be made by the individual on an amended return filed within twenty months and
ten days after the due date for the original return for such taxable year. A
designation once made whether by an original or amended return may not be
revoked."
SECTION 13. The campaign spending commission and the department of taxation shall coordinate efforts for increasing public awareness of the Hawaii citizens' election fund and take steps necessary to create new forms and procedures for the purposes of this Act.
SECTION 14. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 15. This Act shall take effect on July 1, 2016.
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INTRODUCED BY: |
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Report Title:
Campaign Spending; Hawaii Election Campaign Fund; Hawaii Citizens' Election Fund
Description:
Changes the name of the Hawaii election campaign fund to the Hawaii citizens' election fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
