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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1550 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO CAMPAIGN SPENDING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-410, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-410[]] Administrative fines; relief.
(a) The commission may make a decision or issue an order affecting any person
violating any provision of this part or section 281-22 that may provide for the
assessment of an administrative fine as follows:
(1) If an individual, 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; or
(2) If a [corporation, organization, association,
or labor union,] person other than an individual, an amount not to
exceed [$1,000] $5,000 for each occurrence[;] or an amount equivalent to three times the amount of
an unlawful contribution or expenditure;
provided that [whenever a corporation, organization,
association, or labor union violates this part, the] a violation by
a person other than an individual may be deemed to be also that of any
of the person's individual directors, officers, or agents [of the
corporation, organization, association, or labor union,] who have knowingly
authorized, ordered, or [done] committed any of the acts
constituting the violation.
(b) The commission, in addition to the assessment of an administrative fine, may order the person violating any provision of this part or section 281-22 to pay for costs incurred by the commission due to the violation, including but not limited to the cost of investigative services.
[(b)] (c) Any order for the
assessment of an administrative fine and costs shall not be issued
against a person without providing the person written notice and an opportunity
to be heard at a hearing conducted under chapter 91. A person may waive these
rights by written stipulation or consent.
[(c)] (d) If an administrative
fine [is] and assessment of costs are imposed upon a candidate,
the commission may order that the fine[,] and costs, or any [portion,]
portions thereof, be paid from the candidate's personal funds.
[(d)] (e) If the person to whom
the commission's order is directed does not comply with the order, the first
circuit court, upon application of the commission, shall issue an order
requiring the person to comply with the commission's order. Failure to obey
such a court order shall be punished as contempt.
[(e)] (f) Any administrative
fine collected by the commission shall be deposited in the general fund of the
State. Any costs recovered by the commission shall be deposited in the
Hawaii election campaign fund.
[(f)] (g) Any person or the
commission may sue for injunctive relief to compel compliance with this part.
[(g)] (h) The provisions of this
section shall not prohibit prosecution under any appropriate provision of the
Hawaii Penal Code or section 11-412.
[(h)] (i) This section shall not
apply to any person who, [prior to] before the commencement of
proceedings under this section, has paid or agreed to pay the fines prescribed
by sections 11-340 and 11-391(b)."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
_____________________________ |
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BY REQUEST |
Report Title:
Campaign Spending Commission Package; Fines; Costs
Description:
Increases the amounts of fines that may be assessed against persons other than individuals for campaign spending violations. Allows the campaign spending commission to recover its costs from violators. Directs moneys collected for costs to be deposited in the Hawaii election campaign fund.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.