Hawaii 2024 Regular Session

Hawaii Senate Bill SB1425 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	THE SENATE S.B. NO. 1425 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO campaign funds. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	THE SENATE S.B. NO. 1425
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	THE SENATE
8	8
9	9	S.B. NO.
10	10
11	11	1425
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO campaign funds.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9 (2022) to establish the commission to improve standards of conduct. The resolution requests 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, submitted an interim report to the house of representatives outlining areas of immediate and long-term focus, then continued its work with input from the public and invited individuals and agencies to 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 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)] (3) To make contributions to the candidate's party so long as the contributions are not earmarked for another candidate; or [(8)] (4) 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. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9 (2022) to establish the commission to improve standards of conduct. The resolution requests 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.
50	50
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, submitted an interim report to the house of representatives outlining areas of immediate and long-term focus, then continued its work with input from the public and invited individuals and agencies to issue a final report with various recommendations and accompanying proposed legislation.
52	52
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.
54	54
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.
56	56
57	57	SECTION 2. Section 11-327, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
58	58
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."
60	60
61	61	SECTION 3. Section 11-381, Hawaii Revised Statutes, is amended by amending subsection (a) read as follows:
62	62
63	63	"(a) Campaign funds may be used by a candidate, treasurer, or candidate committee:
64	64
65	65	(1) For any purpose directly related:
66	66
67	67	(A) In the case of the candidate, to the candidate's own campaign; or
68	68
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;
70	70
71	71	(2) To purchase or lease consumer goods, vehicles, equipment, and services that provide a mixed benefit to the candidate. 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;
72	72
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:
74	74
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;
76	76
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
78	78
79	79	(C) Unsuccessful in the primary or special primary election;
80	80
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);
82	82
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:
84	84
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;
86	86
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
88	88
89	89	(C) Unsuccessful in the primary or special primary election;
90	90
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;]
92	92
93	93	[(7)] (3) To make contributions to the candidate's party so long as the contributions are not earmarked for another candidate; or
94	94
95	95	[(8)] (4) 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."
96	96
97	97	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
98	98
99	99
100	100
101	101	SECTION 5. This Act shall take effect upon its approval.
102	102
103	103
104	104
105	105	INTRODUCED BY: _____________________________
106	106
107	107	INTRODUCED BY:
108	108
109	109	_____________________________
110	110
111	111
112	112
113	113
114	114
115	115	Report Title: Commission to Improve Standards of Conduct; Campaign Funds; Permitted Uses Description: Limits the permitted uses of campaign funds to only those purposes that are directly related to the campaigns of candidates. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
116	116
117	117
118	118
119	119
120	120
121	121	Report Title:
122	122
123	123	Commission to Improve Standards of Conduct; Campaign Funds; Permitted Uses
124	124
125	125
126	126
127	127	Description:
128	128
129	129	Limits the permitted uses of campaign funds to only those purposes that are directly related to the campaigns of candidates.
130	130
131	131
132	132
133	133
134	134
135	135
136	136
137	137	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.