Report Title:

Liquor Commission Employees; Political Activities

Description:

Repeals section 281-22, HRS, which allows liquor commission employees to support, advocate, or aid in the election or defeat of any candidate for public office.

HOUSE OF REPRESENTATIVES	H.B. NO.	629
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO LIQUOR COMMISSION EMPLOYEES.

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

     SECTION 1.  Section 11-228, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  In the performance of its required duties, the commission may render a decision or issue an order affecting any person violating any provision of this subpart [or section 281-22] that shall provide for the assessment of an administrative fine in the manner prescribed as follows:

     (1)  If a natural person, an amount not to exceed $1,000 for each occurrence or an amount equivalent to three times the amount of an unlawful contribution or expenditure, whichever is greater; or

     (2)  If a corporation, organization, association, or labor union, it shall be punished by a fine not exceeding $1,000 for each occurrence; and

     (3)  Whenever a corporation, organization, association, or labor union violates this subpart, the violation shall be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation."

     SECTION 2.  Section 281-22, Hawaii Revised Statutes, is repealed.

["[§281-22]  Political activities of commission employees.  (a)  A commission employee may support, advocate, or aid in the election or defeat of any candidate for public office, or run for public office; provided the employee:

(1) Notifies the commission in writing of the employee's intent to support, advocate, or aid in the election or defeat of a candidate for public office; and

(2) If a candidate for public office, takes a leave of absence in accordance with chapter 79 for a period beginning prior to the initiation of political activities related to the candidacy and ending the day following the general election for the office.

(b)  Notwithstanding chapter 11 or any other law to the contrary, no commission employee shall solicit or receive contributions, or receive or transfer money or anything of value from a licensee for the purpose of supporting, advocating, or aiding in the election or defeat of a candidate for public office.  Violation of this subsection shall be:

(1) Punishable by summary dismissal of the employee; and

(2) Subject to penalties in accordance with section 11-228."]

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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