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Hawaii Regulations § 3-160-45 Mixed benefit to the candidate

⤴ Up to Subchapter 3: Contribution and Expenditure Reporting, Limitations, and Prohibitions

Regulation Text

(a) A candidate or candidate's committee may purchase goods or services and lease goods and real property, except as provided in section 3-160-43 (b)(3) , that provide a mixed benefit to the candidate; provided that the amount attributed to the candidate's personal use shall be determined and reimbursed by the candidate to the committee, unless the personal benefit is "de minimis".
(b) "Mixed benefit to the candidate", for purposes of this section, means any use of goods or services both for personal use and to influence the nomination or election of a candidate or to satisfy a function of the candidate's elected office and includes the following:
(1)
(A) Expenses to purchase, lease, maintain, and repair a vehicle if the title to the vehicle is in the name of the candidate committee. Contributions shall not be used to pay vehicle expenses including maintenance, towing, or repair for a candidate's personal vehicle; or
(B) Reimbursement for the use of a personal vehicle at the federal optional standard mileage rate for computing deductions for operating an automobile for business purposes, in effect at the time the vehicle is used. A daily mileage log, noting the campaign use and personal use, that is maintained and retained as part of the candidate and candidate committee's records would satisfy the recordkeeping requirements of section 3-160-23 ; and
(2) Lease of real property to a candidate or candidate committee, except as provided in section 3-160-43 (b)(3) for a renewable period not to exceed one year.
(c) "De minimis", as used in this section, means that the personal use from the goods or services is five per cent or less of the total use of the property or services in a calendar month and the expenditure for the personal use of the goods or services did not exceed a usual and normal charge of $100 in any one calendar month.
(d) Expenditures made for purchase or lease goods or services that provide a mixed benefit to the candidate shall be disclosed in the report covering the reporting period in which the product is delivered or services rendered.

History

[Eff MAY 29 2010] (Auth: HRS §§ 11-193, 11-216, 11-225) (Imp: HRS §§ 11-206, 11-207, 11-208, 11-209, 11-212, 11-213)

[ Am and Comp 12/1/2016 ] (Auth: HRS § 11-314 (8) ) (Imp: HRS §§ 11-302 , 11-381 , 11-382 )

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