HOUSE OF REPRESENTATIVES	H.B. NO.	1704
THIRTIETH LEGISLATURE, 2020		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ORDERS OF THE CAMPAIGN SPENDING COMMISSION.

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

SECTION 1. Section 11-410, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) Any order for the assessment of an administrative fine 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. These rights are deemed waived if the order is a preliminary determination of probable cause rendered during a chapter 92 meeting pursuant to section 11-404 and the person fails to request a contested case hearing within            days of receipt of the preliminary determination, as provided in section 11-405(b)."

2. By amending subsection (d) to read:

"(d) 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] that court order shall be punished as contempt. In addition to contempt proceedings, the commission may also file the commission's order in the circuit court for confirmation as a judgment, which shall then have the same force and effect as any other judgment issued in the circuit courts; provided that there shall be no appeal from a judgment issued pursuant to this subsection."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050.

Report Title:

Campaign Spending Commission Package; Orders; Fines

Description:

Provides that the right to a contested case hearing is deemed waived if a person does not request a hearing within an unspecified number of days of receipt of the commission's preliminary determination. Permits an order of the commission to be confirmed as a judgment in the circuit court, giving the order the same force and effect as any other judgment issued by the circuit courts; provided that there shall be no appeal from the judgment. Effective 7/1/2050. (HD1)

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