CONFERENCE COMMITTEE REP. NO. 24-22

Honolulu, Hawaii

, 2022

RE: H.B. No. 2416

H.D. 2

S.D. 1

C.D. 1

Honorable Scott K. Saiki

Speaker, House of Representatives

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Honorable Ronald D. Kouchi

President of the Senate

Thirty-First State Legislature

Regular Session of 2022

State of Hawaii

Sirs:

Your Committee on Conference on the disagreeing vote of the House of Representatives to the amendments proposed by the Senate in H.B. No. 2416, H.D. 2, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO CAMPAIGN SPENDING,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to inform the public of the sources of campaign spending contributions by:

(1) Permitting 501(c)(4) nonprofit organizations to use donations for electioneering communications, independent expenditures, or contributions only upon receipt of written consent from the donor to use such donations for these purposes and requiring nonprofit organizations to provide certain written notice to donors;

(2) Requiring 501(c)(4) nonprofit organizations to disclose the name and address of each donor who donates an aggregate of more than $10,000, with certain exceptions; and

(3) Specifying that the disclosure date of an electioneering communication and only subsequent electioneering communications is the first date the original or subsequent electioneering communication is made.

Your Committee on Conference has amended this measure by:

(1) Specifying that the consent, notice, disclosure, and reporting requirement under this measure are applicable to 501(c)(4) nonprofit organizations that are subject to Chapter 11, Hawaii Revised Statutes, relating to elections, and are operating as noncandidate committees;

(2) Exempting election advertisements published by electronic means and candidate debates or forums made by or on behalf of an organization sponsoring the debate or forum from being considered electioneering communications;

(3) Requiring the disclosure by 501(c)(4) nonprofit organizations of the name and address of each donor making a donation individually or aggregating more than $10,000;

(4) Requiring disclosure of an electioneering communication and subsequent electioneering communication on the first date the electioneering communication or subsequent electioneering communication is publicly distributed, rather than on the first date these electioneering communications are made;

(5) Clarifying that the disclosure date for mailers means the date the mailers are first mailed;

(6) Changing the effective date to January 1, 2023; and

(7) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of H.B. No. 2416, H.D. 2, S.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as H.B. No. 2416, H.D. 2, S.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE SENATE

ON THE PART OF THE HOUSE

____________________________ KARL RHOADS Chair	____________________________ ANGUS L.K. MCKELVEY Co-Chair
	____________________________ SCOT Z. MATAYOSHI Co-Chair