REPORT TITLE:
Campaign Contributions


DESCRIPTION:
Amends the definition of contribution to include gifts to
committees.  Provides that political parties shall be subject to
the same contribution limits applicable to persons and other
entities.  (HB165 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        165
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO ELECTIONS.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 11-191, Hawaii Revised Statutes, is
 
 2 amended by amending the definition of "contribution" to read as
 
 3 follows:
 
 4      ""Contribution" means:
 
 5      (1)  A gift, subscription, deposit of money or anything of
 
 6           value, or cancellation of a debt or legal obligation
 
 7           and includes the purchase of tickets to fundraisers for
 
 8           the purpose of:
 
 9           (A)  Influencing the nomination for election, or
 
10                election, of any person to office;
 
11           (B)  Influencing the outcome of any question or issue
 
12                that appears or is reasonably certain to appear on
 
13                the ballot at the next applicable election
 
14                described in subparagraph (A); or
 
15           (C)  Use by any party or committee for the purposes set
 
16                out in subparagraph (A) or (B);
 
17      (2)  The payment, by any person, political party, or any
 
18           other entity other than a candidate or committee, of
 
19           compensation for the personal services or services of
 
20           another person [which] that are rendered to the
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1           candidate or committee without charge or at an
 
 2           unreasonably low charge for the purposes set out in
 
 3           paragraph (1)(A), (1)(B), or (1)(C);
 
 4      (3)  A contract, promise, or agreement to make a
 
 5           contribution; provided that notwithstanding this
 
 6           paragraph and paragraphs (1) and (2), the term
 
 7           "contributions" shall not include services or portions
 
 8           thereof voluntarily provided without reasonable
 
 9           compensation by individuals to or in behalf of a
 
10           candidate or committee; or
 
11      (4)  Notwithstanding paragraphs (1), (2), and (3), a
 
12           candidate's expenditure of the candidate's own funds or
 
13           the making of a loan or advance in the pursuit of the
 
14           candidate's campaign shall not be a contribution for
 
15           the purpose of this subpart but shall nevertheless be
 
16           reportable as a campaign receipt."
 
17      SECTION 2.  Section 11-204, Hawaii Revised Statutes, is
 
18 amended as follows:
 
19      1.  By amending subsection (a) to read:
 
20      "(a)  No person, political party, or any other entity shall
 
21 make contributions to:
 
22      (1)  A candidate seeking nomination or election to a two-
 
23           year office or to the candidate's committee in an
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1           aggregate amount greater than $2,000 during an election
 
 2           period; [and]
 
 3      (2)  A candidate seeking nomination or election to a four-
 
 4           year statewide office or to the candidate's committee
 
 5           in an aggregate amount greater than $6,000 during an
 
 6           election period; and
 
 7      (3)  A candidate seeking nomination or election to a four-
 
 8           year nonstatewide office or to the candidate's
 
 9           committee in an aggregate amount greater than $4,000
 
10           during an election period. 
 
11      These limits shall not apply to a loan made to a candidate
 
12 by a financial institution in the ordinary course of business."
 
13      2.  By amending subsection (f) to read:
 
14      "(f)  All payments made by a person or political party whose
 
15 contributions or expenditure activity is financed, maintained, or
 
16 controlled by any corporation, labor organization, association,
 
17 political party, or any other person or committee, including any
 
18 parent, subsidiary, branch, division, department, or local unit
 
19 of the corporation, labor organization, association, political
 
20 party, or any other person, or by any group of those persons
 
21 shall be considered to be made by a single person[.] or political
 
22 party."
 

 
 
 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1      SECTION 3.  Section 11-205, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§11-205  Campaign contributions; limits as to political
 
 4 parties.  [(a)  No political party shall make contributions to a
 
 5 candidate in any calendar year in an aggregate amount greater
 
 6 than the following amounts for each respective office:
 
 7      (1)  For the office of governor--$50,000;
 
 8      (2)  For the office of lieutenant governor--$40,000;
 
 9      (3)  For the partisan offices of mayor and prosecuting
 
10           attorney--$25,000;
 
11      (4)  For the offices of state senator and partisan county
 
12           council member--$20,000; and
 
13      (5)  For the office of state representative--$15,000.
 
14      (b)  For the purposes of this section, a] A contribution to
 
15 a political party which is earmarked for a particular candidate
 
16 or candidates shall be promptly distributed to such candidate and
 
17 shall be reported by the candidate upon receipt as an individual
 
18 contribution.  Earmarked funds contributed pursuant to this
 
19 section shall be counted:
 
20      (1)  Toward the contribution limit of the political party
 
21           donating such funds to a candidate or candidates; and
 
22      (2)  Toward the contribution limit of the person or persons
 
23           contributing such earmarked funds."
 

 
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                                     H.B. NO.           H.D. 1
                                                        
                                                        


 1      SECTION 4.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 5.  This Act shall take effect upon its approval.