THE SENATE

S.B. NO.

2210

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO PARTIAL PUBLIC FINANCING OF ELECTIONS.

 

 

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

 

     SECTION 1.  The amounts available to candidates in Hawaii's partial public financing program were last amended in 1995.  The legislature finds that since 1995-1996, the value of the dollar has risen to approximately $1.92.

     The purpose of this Act is to increase the amount of funds available to candidates qualified to participate in the partial public financing program.  This Act increases the amount of funds available to candidates for the board of trustees for the office of Hawaiian affairs, who run state-wide.  This Act increases matching fund payments from $1 for each $1 of qualifying contributions in excess of the minimum qualifying contribution amounts to $2 for each $1 of excess qualifying contributions.  Finally, this Act appropriates funds from the general revenues of the State to increase the amount of funds available in the partial public financing program and to permit the campaign spending commission to hire more staff to address the anticipated increase in participation in the financing program.

     SECTION 2.  Section 11-425, Hawaii Revised Statutes, is amended to read as follows:

     "§11-425  Maximum amount of public funds available to candidate.  (a)  The maximum amount of public funds available in each election to a candidate for the office of governor, lieutenant governor, or mayor of the city and county of Honolulu or the county of Hawaii shall not exceed [ten] fifteen per cent of the expenditure limit established in section 11-423(d) for each election.

     (b)  The maximum amount of public funds available in each election to a candidate for the office of state senator, state representative, mayor of the county of Kauai or the county of Maui, county council member, and prosecuting attorney shall not exceed [fifteen] 22.5 per cent of the expenditure limit established in section 11-423(d) for each election.

     (c)  For the office of Hawaiian affairs, the maximum amount of public funds available to a candidate shall not exceed [$1,500 in any election year.

     (d)  For all other offices, the maximum amount of public funds available to a candidate shall not exceed $100 in any election year.] ten per cent of the expenditure limit established in section 11-423(d) for each election.

     [(e)] (d)  Each candidate who qualified for the maximum amount of public funding in any primary election and who is a candidate for a subsequent general election shall apply with the commission to be qualified to receive the maximum amount of public funds as provided in this section for the respective general election.  For purposes of this section, "qualified" means meeting the qualifying campaign contribution requirements of section 11-429."

     SECTION 3.  Section 11-429, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

     "(a)  As a condition of receiving public funds for a primary or general election, a candidate shall not be unopposed in any election for which public funds are sought, shall have filed an affidavit with the commission pursuant to section 11‑423 to voluntarily limit the candidate's campaign expenditures, and shall be in receipt of the following sum of qualifying contributions from individual residents of Hawaii:

     (1)  For the office of governor--qualifying contributions that in the aggregate exceed $100,000;

     (2)  For the office of lieutenant governor--qualifying contributions that in the aggregate exceed $50,000;

     (3)  For the office of mayor for each respective county:

          (A)  County of Honolulu--qualifying contributions that in the aggregate exceed $50,000;

          (B)  County of Hawaii--qualifying contributions that in the aggregate exceed $15,000;

          (C)  County of Maui--qualifying contributions that in the aggregate exceed $10,000; and

          (D)  County of Kauai--qualifying contributions that in the aggregate exceed $5,000;

     (4)  For the office of prosecuting attorney for each respective county:

          (A)  County of Honolulu--qualifying contributions that in the aggregate exceed [$30,000;] $25,000;

          (B)  County of Hawaii--qualifying contributions that in the aggregate exceed [$10,000;] $5,000; and

          (C)  County of Kauai--qualifying contributions that in the aggregate exceed [$5,000;] $3,000;

     (5)  For the office of county council--for each respective county:

          (A)  County of Honolulu--qualifying contributions that in the aggregate exceed $5,000;

          (B)  County of Hawaii--qualifying contributions that in the aggregate exceed $1,500;

          (C)  County of Maui--qualifying contributions that in the aggregate exceed [$5,000;] $4,000; and

          (D)  County of Kauai--qualifying contributions that in the aggregate exceed $3,000;

     (6)  For the office of state senator--qualifying contributions that, in the aggregate exceed $2,500;

     (7)  For the office of state representative--qualifying contributions that, in the aggregate, exceed $1,500;

     (8)  For the office of Hawaiian affairs--qualifying contributions that, in the aggregate, exceed [$1,500;] $5,000; and

     (9)  For all other offices, qualifying contributions that, in the aggregate, exceed $500.

     (b)  A candidate shall obtain the minimum qualifying contribution amount set forth in subsection (a) once for the election period.

     (1)  If the candidate obtains the minimum qualifying contribution amount, the candidate is eligible to receive:

          (A)  The minimum payment in an amount equal to the minimum qualifying contribution amounts; and

          (B)  Payments of [$1] $2 for each $1 of qualifying contributions in excess of the minimum qualifying contribution amounts; and

     (2)  A candidate shall have at least one other qualified candidate as an opponent for the primary or general election to receive public funds for that election."

     SECTION 4.  In accordance with section 9 of article VII, of the Constitution of the State of Hawaii and sections 37-91 and 37-93, Hawaii Revised Statutes, the legislature has determined that the appropriations contained in this Act will cause the state general fund expenditure ceiling for fiscal year 2024-2025 to be exceeded by $           , or        per cent.  The reasons for exceeding the general fund expenditure ceiling are that the appropriations made in this Act are necessary to serve the public interest and to meet the needs provided for by this Act.

     SECTION 5.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2024-2025 to be deposited into the Hawaii election campaign fund.

     The sum appropriated shall be expended by the campaign spending commission for the purposes of this Act.

     SECTION 6.  There is appropriated out of the general revenues of the State of Hawaii the sum of $200,000 or so much thereof as may be necessary for fiscal year 2024-2025 for two full-time equivalent (2.0 FTE) permanent positions to be placed within the campaign spending commission.

     The sum appropriated shall be expended by the campaign spending commission for the purposes of this Act.

     SECTION 7.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 8.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 9.  This Act shall take effect on July 1, 2024.

 

INTRODUCED BY:

_____________________________

 

By Request

 

 

Report Title:

Campaign Spending Commission Package; Partial Public Financing; OHA; Maximum Amount of Public Funds Available; Minimum Qualifying Contribution Amounts; Expenditure Ceiling

 

Description:

Increases the amount of partial public campaign financing available for all state and county elective offices.  Amends section 11-425, Hawaii Revised Statutes (HRS), by increasing the maximum amount of public funds available for all offices by 50%.  Increases the maximum amount of public funds available for a candidate for the Office of Hawaiian Affairs from $1,500 to 10% of the expenditure limit established in section 11-423(d), HRS, for each election.  Amends section 11-429(a), HRS, by increasing the amounts of qualifying contributions for the Office of Hawaiian Affairs from more than $1,500 in the aggregate to more than $5,000 in the aggregate.  Provides a downward adjustment of the amounts of qualifying contributions for the office of prosecuting attorney for the City and County of Honolulu, County of Hawaii, and County of Kauai and for the office of county council member for the County of Maui.  Provides for an unspecified appropriation to pay for the increase in the partial public financing program.  Provides for an appropriation in the amount of $200,000 for the Commission to hire two additional staff members.  Declares that general fund expenditure ceiling will be exceeded.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.