REPORT TITLE:
Campaign reform-penalties


DESCRIPTION:
Increases the penalties for campaign spending violations in
multiple ways. Reclassifies campaign spending violations from
misdemeanors to Class C felonies.  Increases minimum
administrative fines levied by Campaign Spending Commission from
$1,000 to $2,500.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1817 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT


RELATING TO CAMPAIGN REFORM ENFORCEMENT.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
 
 1      SECTION 1.  The purpose of this legislation is to promote
 
 2 campaign reform and compliance with campaign spending laws by
 
 3 increasing the penalties for violations.  At the brink of a new
 
 4 millennium, the people of Hawaii must have faith restored in the
 
 5 process of government.  The people of Hawaii need to see that
 
 6 those who violate the rules of government and the electoral
 
 7 process upon which our democracy is founded upon shall not escape
 
 8 with a figurative slap on the wrist.  
 
 9      SECTION 2.  Section 11-228, Hawaii Revised Statutes, is
 
10 amended to read as follows:
 
11      "§11-228  Administrative fines; relief.(a)  In the
 
12 performance of its required duties, the commission may render a
 
13 decision or issue an order affecting any person violating any
 
14 provision of this subpart other than in sections 11-193(a)(5) and
 
15 11-215, that shall provide for the assessment of an
 
16 administrative fine in the manner prescribed as follows:
 
17           (1)  If a natural person, an amount not to exceed
 
18                [$1,000]$2,500 for each occurrence or an amount
 
19                equivalent to three times the amount of an
 

 
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 1                unlawful contribution or expenditure, whichever is
 
 2                greater; or
 
 3           (2)  If a corporation, organization, association, or
 
 4                labor union, it shall be punished by a fine not
 
 5                exceeding [$1,000]$2,500 for each occurrence; and
 
 6           (3)  Whenever a corporation, organization, association,
 
 7                or labor union violates this subpart, the
 
 8                violation shall be deemed to be also that of the
 
 9                individual directors, officers, or agents of the
 
10                corporation, organization, association, or labor
 
11                union, who have knowingly authorized, ordered, or
 
12                done any of the acts constituting the violation.
 
13      (b)  Any order for the assessment of an administrative fine
 
14 may not be issued against a person without providing the person
 
15 written notice and an opportunity to be heard at a hearing
 
16 conducted under chapter 91.  A person may waive these rights by
 
17 written stipulation or consent.  If an administrative fine is
 
18 imposed upon a candidate, the commission [may]shall order that
 
19 the fine[, or any portion,] be paid from the candidate's personal
 
20 funds.
 
21      (c)  If an order issued by the commission is not complied
 
22 with by the person to whom it is directed, the first circuit
 
23 court, upon application of the commission, shall issue an order
 

 
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 1 requiring the person to comply with the commission's order.
 
 2 Failure to obey such a court order shall be punished as contempt.
 
 3      (d)  Any administrative fine collected by the commission
 
 4 shall be deposited in the Hawaii election campaign fund.
 
 5      (e)  Any person or the commission may sue for injunctive
 
 6 relief to compel compliance with this subpart.
 
 7      (f)  The provisions of this section shall not be construed
 
 8 to prohibit prosecution under any appropriate provision of the
 
 9 Hawaii Penal Code or section 11-229."
 
10      SECTION 3.  Section 11-229, Hawaii Revised Statutes, is
 
11 amended to read as follows:
 
12      "§11-229  Criminal prosecution.(a)  Any individual who
 
13 knowingly[,] or intentionally [,or recklessly] violates any
 
14 provision of this subpart, other than sections 11-193(a)(5) and
 
15 11-215, shall be guilty of a [misdemeanor]Class C felony.  A
 
16 person who is convicted under this section shall be disqualified
 
17 from holding elective public office for a period of four years
 
18 after the date of the conviction.
 
19      (b)  Any individual who recklessly violates any provision of
 
20 this subpart, other than sections 11-193(a)(5) and 11-215, shall
 
21 be guilty of a misdemeanor.  A person who is convicted under this
 
22 section shall be disqualified from holding elective public office
 
23 for a period of four years after the date of the conviction.
 

 
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 1      [(b)](c)  For purposes of prosecution for violation of this
 
 2 subpart, the offices of the attorney general and the prosecuting
 
 3 attorney of the respective counties shall be deemed to have
 
 4 concurrent jurisdiction to be exercised as follows:
 
 5           (1)  Prosecution shall commence with a written request
 
 6                from the commission or upon the issuance of an
 
 7                order of the court; provided that prosecution may
 
 8                commence prior to any proceeding initiated by the
 
 9                commission or final determination;
 
10           (2)  In the case of state offices, parties, or issues,
 
11                the attorney general or the prosecuting attorney
 
12                for the city and county of Honolulu shall
 
13                prosecute any violation; and
 
14           (3)  In the case of all other offices, parties, or
 
15                issues, the attorney general or the prosecuting
 
16                attorney for the respective county shall prosecute
 
17                any violation.
 
18      In the commission's choice of prosecuting agency, it shall
 
19 be guided by whether there will be any conflicting interest
 
20 between the agency and its appointive authority.
 
21      [(c)](d)  The court shall give priority to the expeditious
 
22 processing of suits under this section.
 
23      [(d)](e)  Prosecution for violation of any provision of this
 

 
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 1 subpart shall not be commenced after five years have elapsed from
 
 2 the date of the violation or date of filing of the report
 
 3 covering the period in which the violation occurred, whichever is
 
 4 later."
 
 5      SECTION 4.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 5.  This Act shall take effect upon its approval.
 
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