Bill Text: HI SB2145 | 2020 | Regular Session | Amended
Bill Title: Relating To Orders Of The Campaign Spending Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-16 - This measure has been deleted from the meeting scheduled on Monday 03-16-20 2:05PM in conference room 325. [SB2145 Detail]
Download: Hawaii-2020-SB2145-Amended.html
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THE SENATE |
S.B. NO. |
2145 |
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THIRTIETH LEGISLATURE, 2020 |
S.D. 1 |
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STATE OF HAWAII |
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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 11-405, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The respondent shall be afforded an
opportunity to contest the commission's preliminary determination of probable
cause by making a request for a contested case hearing under chapter 91 within [twenty]
thirty days of receipt of the preliminary determination. Failure to request a contested case hearing
shall render the commission's preliminary determination final."
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. 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 thirty 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 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.
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 30 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. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
