Hawaii 2022 Regular Session

Hawaii Senate Bill SB2388 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 2388 THIRTY-FIRST LEGISLATURE, 2022 ~~S.D. 1~~ STATE OF HAWAII A BILL FOR AN ACT RELATING TO ELECTIONEERING COMMUNICATIONS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 2388 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to electioneering communications. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		THE SENATE S.B. NO. 2388
4		-	THIRTY-FIRST LEGISLATURE, 2022 ~~S.D. 1~~
	4	+	THIRTY-FIRST LEGISLATURE, 2022
5	5		STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		2388
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13	13		THIRTY-FIRST LEGISLATURE, 2022
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15		-	~~S.D. 1~~
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17	17		STATE OF HAWAII
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31	31		A BILL FOR AN ACT
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37	37		relating to electioneering communications.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. 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 [$1~~,000] $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, and that: (1) Refers to a clearly identifiable candidate; (2) Is made, or scheduled to be made, either within thirty days before a primary or initial special election or within sixty days before 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 actual expenditures by the expending organization; (3)~~] (2)~~ In house bulletins; or [(4~~)] (3~~) 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. "Person" shall not include a candidate or candidate committee." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval; provided that it shall apply beginning with the 2022 primary election.
	47	+	SECTION 1. 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 $1,000 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, and that: (1) Refers to a clearly identifiable candidate; (2) Is made, or scheduled to be made, either within thirty days before a primary or initial special election or within sixty days before 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 actual 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. "Person" shall not include a candidate or candidate committee." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval; provided that it shall apply beginning with the 2022 primary election. INTRODUCED BY: _____________________________
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49	49		SECTION 1. Section 11-341, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
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51	51		"(d) For purposes of this section:
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53		-	"Disclosure date" means, for every calendar year, the first date by which a person has made expenditures during that same year of more than [$1~~,000] $2~~,000 in the aggregate for electioneering communications[.], and the date of any subsequent expenditures by that person for electioneering communications.
	53	+	"Disclosure date" means, for every calendar year, the first date by which a person has made expenditures during that same year of more than $1,000 in the aggregate for electioneering communications[.], and the date of any subsequent expenditures by that person for electioneering communications.
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55	55		"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, and that:
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57	57		(1) Refers to a clearly identifiable candidate;
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59	59		(2) Is made, or scheduled to be made, either within thirty days before a primary or initial special election or within sixty days before a general or special election; and
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61	61		(3) Is not susceptible to any reasonable interpretation other than as an appeal to vote for or against a specific candidate.
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63	63		"Electioneering communication" shall not include communications:
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65	65		(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;
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67		-	[(2) That constitute actual expenditures by the expending organization;
	67	+	(2) That constitute actual expenditures by the expending organization;
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69		-	(3~~)] (2~~) In house bulletins; or
	69	+	(3) In house bulletins; or
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71		-	[(4~~)] (3~~) 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.
	71	+	(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.
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73	73		"Person" shall not include a candidate or candidate committee."
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75	75		SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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77	77		SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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79	79		SECTION 4. This Act shall take effect upon its approval; provided that it shall apply beginning with the 2022 primary election.
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81		-	Report Title: Electioneering Communication; Disclosure Date Description: Requires disclosure of electioneering communications to occur on the date of any subsequent expenditures for electioneering communications. Increases the monetary threshold that triggers disclosure of electioneering communications. Repeals the exception to the definition of electioneering communication those communications that constitute actual expenditures by the expending organization. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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	83	+	INTRODUCED BY: _____________________________
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	85	+	INTRODUCED BY:
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	87	+	_____________________________
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	93	+	Report Title: Electioneering Communication; Disclosure Date Description: Requires disclosure of electioneering communications to occur on the date of any subsequent expenditures for electioneering communications. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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87	99		Report Title:
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89	101		Electioneering Communication; Disclosure Date
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93	105		Description:
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95		-	Requires disclosure of electioneering communications to occur on the date of any subsequent expenditures for electioneering communications. Increases the monetary threshold that triggers disclosure of electioneering communications. Repeals the exception to the definition of electioneering communication those communications that constitute actual expenditures by the expending organization. (SD1)
	107	+	Requires disclosure of electioneering communications to occur on the date of any subsequent expenditures for electioneering communications.
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103	115		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.