Bill Text: HI HB733 | 2023 | Regular Session | Introduced
Bill Title: Relating To Violations Of Campaign Finance Law.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-02-23 - The committee(s) on JHA recommend(s) that the measure be deferred. [HB733 Detail]
Download: Hawaii-2023-HB733-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
733 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW.
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 by:
(1) Increasing the amount of the fine for campaign spending law violations that may be assessed against a noncandidate committee making only independent expenditures and that has received at least one contribution of more than $10,000, or spent more than $10,000, in an election period; and
(2) Allowing the campaign spending commission to order that the payment of a fine assessed against a noncandidate committee, or any portion thereof, be paid from the personal funds of an officer of the noncandidate committee.
SECTION 2. Section 11-410, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(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)] (1) If a [corporation, organization,
association, or labor union,] noncandidate committee that makes only
independent expenditures and has either received at least one contribution of
more than $10,000 from any one person in an election period or has made
expenditures of more than $10,000 in the aggregate in an election period,
an amount not to exceed [$1,000] $5,000 for each occurrence[;]
or an amount not to exceed three times the amount of an unlawful
contribution or expenditure; or
(2) If a person
other than a person described in paragraph (1), an amount not to exceed $1,000
for each occurrence or an amount not to exceed three times the amount of an
unlawful contribution or expenditure;
provided that whenever a corporation, organization, association, or labor union violates this part, the violation may 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."
2.
By amending subsection (c) to read:
"(c) If an administrative fine is imposed upon a
candidate[,] or noncandidate committee, the commission may order
that the fine, or any portion[,] of the fine, be paid from the [candidate's]
personal funds[.] of the candidate or officers of the noncandidate
committee."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Commission to Improve Standards of Conduct; Campaign Spending Commission; Administrative Fines; Noncandidate Committees; Independent Expenditures
Description:
Increases the amount of the fine for campaign spending law violations that may be assessed against a noncandidate committee making only independent expenditures and that has received at least one contribution of more than $10,000, or spent more than $10,000, in an election period. Allows the campaign spending commission to order that the payment of a fine assessed against a noncandidate committee, or any portion thereof, be paid from the personal funds of an officer of the noncandidate committee.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
