| 47 | | - | SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9, Regular Session of 2022, to establish the commission to improve standards of conduct. The resolution requests that the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules. Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented; submit an interim report to the house of representatives outlining areas of immediate and long-term focus; receive input from the public and invited individuals and agencies; and issue a final report with various recommendations and accompanying proposed legislation. The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals. Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct relating to the expenditure of campaign funds by limiting the permitted uses of these funds to only those purposes that are directly related to the campaigns of candidates. 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 election campaign fund." SECTION 3. Section 11-381, Hawaii Revised Statutes, is amended by amending subsection (a) read as follows: "(a) Campaign funds may be used by a candidate, treasurer, or candidate committee: (1) For any purpose directly related: (A) In the case of the candidate, to the candidate's own campaign; or (B) In the case of a candidate committee or treasurer of a candidate committee, to the campaign of the candidate, question, or issue with which they are directly associated; (2) To purchase or lease consumer goods, vehicles, equipment, and services that provide a mixed benefit to the candidate[. The]; provided that the candidate[, however,] shall reimburse the candidate's candidate committee for the candidate's personal use of these items unless the personal use is de minimis; (3) To make donations to any community service, educational, youth, recreational, charitable, scientific, or literary organization; provided that in any election period, the total amount of all donations shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no donations shall be made from the date the candidate files nomination papers to the date of the general election unless the candidate is: (A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41; (B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or (C) Unsuccessful in the primary or special primary election; (4) To make donations to any public school or public library; provided that in any election period, the total amount of all contributions shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that any donation under this paragraph shall not be aggregated with or imputed toward any limitation on donations pursuant to paragraph (3); (5) To award scholarships to full-time students attending an institution of higher education or a vocational education school in a program leading to a degree, certificate, or other recognized educational credential; provided that in any election period, the total amount of all scholarships awarded shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no awards shall be made from the filing deadline for nomination papers to the date of the general election unless the candidate is: (A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41; (B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or (C) Unsuccessful in the primary or special primary election; [(6) To purchase not more than two tickets for each event held by another candidate or committee, regardless of whether the event constitutes a fundraiser as defined in section 11-342; (7)] (6) To make contributions to the candidate's party so long as the contributions are not earmarked for another candidate; [or] [(8)] (7) To pay for ordinary and necessary expenses incurred in connection with the candidate's duties as a holder of an office, including expenses incurred for memberships in civic or community groups[.]; or (8) To make contributions to another candidate in an amount of not more than $2,000 per election period. For the purposes of this paragraph, "election period" shall have the same meaning as in section 11-302." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on March 22, 2075. |
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| 47 | + | SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9, Regular Session of 2022, to establish the commission to improve standards of conduct. The resolution requests that the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules. Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented; submit an interim report to the house of representatives outlining areas of immediate and long-term focus; receive input from the public and invited individuals and agencies; and issue a final report with various recommendations and accompanying proposed legislation. The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals. Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct relating to the expenditure of campaign funds by limiting the permitted uses of these funds to only those purposes that are directly related to the campaigns of candidates. 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 election campaign fund." SECTION 3. Section 11-381, Hawaii Revised Statutes, is amended by amending subsection (a) read as follows: "(a) Campaign funds may be used by a candidate, treasurer, or candidate committee: (1) For any purpose directly related: (A) In the case of the candidate, to the candidate's own campaign; or (B) In the case of a candidate committee or treasurer of a candidate committee, to the campaign of the candidate, question, or issue with which they are directly associated; (2) To purchase or lease consumer goods, vehicles, equipment, and services that provide a mixed benefit to the candidate[. The]; provided that the candidate[, however,] shall reimburse the candidate's candidate committee for the candidate's personal use of these items unless the personal use is de minimis; (3) To make donations to any community service, educational, youth, recreational, charitable, scientific, or literary organization; provided that in any election period, the total amount of all donations shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no donations shall be made from the date the candidate files nomination papers to the date of the general election unless the candidate is: (A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41; (B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or (C) Unsuccessful in the primary or special primary election; (4) To make donations to any public school or public library; provided that in any election period, the total amount of all contributions shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that any donation under this paragraph shall not be aggregated with or imputed toward any limitation on donations pursuant to paragraph (3); (5) To award scholarships to full-time students attending an institution of higher education or a vocational education school in a program leading to a degree, certificate, or other recognized educational credential; provided that in any election period, the total amount of all scholarships awarded shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no awards shall be made from the filing deadline for nomination papers to the date of the general election unless the candidate is: (A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41; (B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or (C) Unsuccessful in the primary or special primary election; [(6) To purchase not more than two tickets for each event held by another candidate or committee, regardless of whether the event constitutes a fundraiser as defined in section 11-342; (7)] (6) To make contributions to the candidate's party so long as the contributions are not earmarked for another candidate; or [(8)] (7) To pay for ordinary and necessary expenses incurred in connection with the candidate's duties as a holder of an office, including expenses incurred for memberships in civic or community groups." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9, Regular Session of 2022, to establish the commission to improve standards of conduct. The resolution requests that the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules. |
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| 50 | 50 | | |
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| 51 | 51 | | Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented; submit an interim report to the house of representatives outlining areas of immediate and long-term focus; receive input from the public and invited individuals and agencies; and issue a final report with various recommendations and accompanying proposed legislation. |
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| 52 | 52 | | |
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| 53 | 53 | | The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals. |
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| 54 | 54 | | |
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| 55 | 55 | | Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct relating to the expenditure of campaign funds by limiting the permitted uses of these funds to only those purposes that are directly related to the campaigns of candidates. |
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| 56 | 56 | | |
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| 57 | 57 | | SECTION 2. Section 11-327, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows: |
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| 58 | 58 | | |
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| 59 | 59 | | "(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 election campaign fund." |
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| 60 | 60 | | |
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| 61 | 61 | | SECTION 3. Section 11-381, Hawaii Revised Statutes, is amended by amending subsection (a) read as follows: |
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| 62 | 62 | | |
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| 63 | 63 | | "(a) Campaign funds may be used by a candidate, treasurer, or candidate committee: |
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| 64 | 64 | | |
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| 65 | 65 | | (1) For any purpose directly related: |
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| 66 | 66 | | |
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| 67 | 67 | | (A) In the case of the candidate, to the candidate's own campaign; or |
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| 68 | 68 | | |
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| 69 | 69 | | (B) In the case of a candidate committee or treasurer of a candidate committee, to the campaign of the candidate, question, or issue with which they are directly associated; |
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| 70 | 70 | | |
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| 71 | 71 | | (2) To purchase or lease consumer goods, vehicles, equipment, and services that provide a mixed benefit to the candidate[. The]; provided that the candidate[, however,] shall reimburse the candidate's candidate committee for the candidate's personal use of these items unless the personal use is de minimis; |
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| 72 | 72 | | |
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| 73 | 73 | | (3) To make donations to any community service, educational, youth, recreational, charitable, scientific, or literary organization; provided that in any election period, the total amount of all donations shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no donations shall be made from the date the candidate files nomination papers to the date of the general election unless the candidate is: |
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| 74 | 74 | | |
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| 75 | 75 | | (A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41; |
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| 76 | 76 | | |
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| 77 | 77 | | (B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or |
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| 78 | 78 | | |
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| 79 | 79 | | (C) Unsuccessful in the primary or special primary election; |
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| 80 | 80 | | |
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| 81 | 81 | | (4) To make donations to any public school or public library; provided that in any election period, the total amount of all contributions shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that any donation under this paragraph shall not be aggregated with or imputed toward any limitation on donations pursuant to paragraph (3); |
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| 82 | 82 | | |
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| 83 | 83 | | (5) To award scholarships to full-time students attending an institution of higher education or a vocational education school in a program leading to a degree, certificate, or other recognized educational credential; provided that in any election period, the total amount of all scholarships awarded shall be no more than twice the maximum amount that one person may contribute to that candidate pursuant to section 11-357; provided further that no awards shall be made from the filing deadline for nomination papers to the date of the general election unless the candidate is: |
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| 84 | 84 | | |
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| 85 | 85 | | (A) Declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-41; |
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| 86 | 86 | | |
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| 87 | 87 | | (B) Deemed and declared to be duly and legally elected to the office for which the person is a candidate pursuant to section 12-42; or |
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| 88 | 88 | | |
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| 89 | 89 | | (C) Unsuccessful in the primary or special primary election; |
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| 90 | 90 | | |
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| 91 | 91 | | [(6) To purchase not more than two tickets for each event held by another candidate or committee, regardless of whether the event constitutes a fundraiser as defined in section 11-342; |
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| 92 | 92 | | |
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