HOUSE OF REPRESENTATIVES	H.B. NO.	731
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to campaign spending commission orders.

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

SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9 (2022) to establish the commission to improve standards of conduct. The resolution requests the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules.

Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented, submitted an interim report to the house of representatives outlining areas of immediate and long-term focus, then continued its work with input from the public and invited individuals and agencies to issue a final report with various recommendations and accompanying proposed legislation.

The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals.

Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct relating to orders of the campaign spending commission by providing that:

(1) A person waives the right to a contested case hearing if the person fails to request a contested case hearing within twenty days of receipt of the commission's preliminary determination; and

(2) A final order of the commission may be filed in the circuit court of the first circuit for confirmation as a civil judgment, enforceable and collectible as any other judgment issued in the circuit courts.

SECTION 2. 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[.]; provided that in the absence of waiver by written stipulation or consent these rights shall be deemed waived if the order is a preliminary determination of probable cause rendered during a chapter 92 meeting pursuant to section 11-403 and the person fails to request a contested case hearing within twenty 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 court order shall be punished as contempt. In addition to contempt proceedings, the commission may file the commission's order in the first circuit court to have the order confirmed as a judgment, which shall then have the same force and effect and shall be enforceable and collectible in the same manner as other judgments issued by the circuit courts; provided that there shall be no appeal from the judgment."

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.

INTRODUCED BY:

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Report Title:

Commission to Improve Standards of Conduct; Campaign Spending Commission; Orders; Judgments; Enforcement of Judgments; Administrative Fines

Description:

Provides that a person waives the right to a contested case hearing if the person fails to request a contested case hearing within twenty days of receipt of the commission's preliminary determination. Provides that a final order of the commission may be filed in the circuit court of the first circuit for confirmation as a civil judgment, enforceable and collectible as any other judgment issued in the circuit courts.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.