HB 369: Campaign Spending Commission Package; Cash Contribution Limits; Return of Contribution; Escheat

A BILL FOR AN ACT

RELATING TO CAMPAIGN CONTRIBUTIONS.

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

     SECTION 1.  Section 11-364, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-351, 11-357, 11-358, 11-359, or 11-360 shall return any excess contribution to the contributor within thirty days of receipt of the excess contribution.  Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-362 shall return any excess contribution to the contributor within thirty days of the end of the election period; provided that the candidate, candidate committee, or noncandidate committee may choose which contributions to return.  Any excess contribution not returned to the contributor within thirty days shall escheat to the Hawaii election campaign fund."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Campaign Spending Commission Package; Cash Contribution Limits; Return of Contribution; Escheat

Description:

Amends section 11-364, Hawaii Revised Statutes, to provide that an excess contribution of more than $100 in cash, in the aggregate, from a single person during an election period to a candidate, candidate committee, or noncandidate committee shall escheat to the Hawaii election campaign fund if not returned to the contributor within 30 days.  Effective 7/1/2050.  (SD1)

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

A BILL FOR AN ACT

RELATING TO CAMPAIGN CONTRIBUTIONS.

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

     SECTION 1.  Section 11-364, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-351, 11-357, 11-358, 11-359, or 11-360 shall return any excess contribution to the contributor within thirty days of receipt of the excess contribution.  Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-362 shall return any excess contribution to the contributor within thirty days of the end of the election period; provided that the candidate, candidate committee, or noncandidate committee may choose which contributions to return.  Any excess contribution not returned to the contributor within thirty days shall escheat to the Hawaii election campaign fund."

     SECTION 2.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

Campaign Spending Commission Package; Cash Contribution Limits; Return of Contribution; Escheat

Description:

Amends section 11-364, Hawaii Revised Statutes, to provide that an excess contribution of more than $100 in cash, in the aggregate, from a single person during an election period to a candidate, candidate committee, or noncandidate committee shall escheat to the Hawaii election campaign fund if not returned to the contributor within 30 days.

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

STAND. COM. REP. NO. 1749

Honolulu, Hawaii

RE:    H.B. No. 369

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Ways and Means, to which was referred H.B. No. 369 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to provide that excess contributions of more than $100 in cash, in the aggregate, from any single contributor during an election period to a candidate, candidate committee, or noncandidate committee shall escheat to the Hawaii election campaign fund if not returned to the contributor within thirty days of receipt.

     Your Committee received written comments in support of this measure from the Campaign Spending Commission.

     Your Committee finds that existing state election law requires, in certain circumstances, the return of an excess cash contribution to the contributor within thirty days of receipt of the excess contribution, with a requirement that the excess escheats to the Hawaii election campaign fund if the return is not timely made.  Your Committee believes that, for consistency, it is appropriate to also impose the same requirement on excess contributions of more than $100 in cash, in the aggregate, from any single contributor during an election period.

     Your Committee has amended this measure by:

     (1)  Inserting a savings clause; and

     (2)  Changing the effective date to July 1, 2050, to facilitate further discussion on the measure.

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 369, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 369, S.D. 1.

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

STAND. COM. REP. NO. 1128

Honolulu, Hawaii

RE:    H.B. No. 369

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 369 entitled:

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

begs leave to report as follows:

     The purpose and intent of this measure is to require excess contributions of more than $100 in cash, in the aggregate, from a single person during an election period to a candidate, candidate committee, or noncandidate committee to escheat to the Hawaii Election Campaign Fund if not returned to the contributor within thirty days.

     Your Committee received testimony in support of this measure from the Campaign Spending Commission, League of Women Voters of Hawaii, and one individual.

     Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that in 2023, the Legislature amended section 11-351(b), Hawaii Revised Statutes, to prohibit the acceptance of a cash contribution of more than $100, in the aggregate, during an election period.  This measure will ensure that the treatment of an excess cash contribution is consistent with other types of excess contributions by requiring the return of an excess cash contribution to the contributor within thirty days of receipt of the excess contribution and depositing any excess cash contribution not returned to the contributor into the Hawaii Election Campaign Fund.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 369, and recommends that it pass Second Reading and be referred to your Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO.  803

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 369

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 369 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to require excess contributions of more than $100 in cash, in the aggregate, from a single person during an election period to a candidate, candidate committee, or noncandidate committee to escheat to the Hawaii Election Campaign Fund if not returned to the contributor within thirty days.

     Your Committee received testimony in support of this measure from the Campaign Spending Commission.

     Your Committee finds that candidates, candidate committees, and noncandidate committees are prohibited from accepting a contribution of more than $100 in cash, in aggregate, from a single person during each election period.  This measure ensures that contributions in excess of $100 are returned to the contributor within thirty days and, if not returned within thirty days, are deposited into the Hawaii Election Campaign Fund.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 369 and recommends that it pass Second Reading and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,