Relating To Orders Of The Campaign Spending Commission.
The bill aims to enhance the enforcement capabilities of the Campaign Spending Commission by allowing its orders to be filed in the First Circuit Court. This would enable the Commission to obtain civil judgments for non-compliance, making it easier to collect fines and enforce their orders. In effect, the bill strengthens the Commission's authority and streamlines its operational processes relating to campaign spending, especially in instances of non-compliance.
SB2041 seeks to amend Section 11-410 of the Hawaii Revised Statutes, focusing on the procedures connected with the issuance of orders by the Campaign Spending Commission. The proposed amendments provide more clarity on the rights of individuals subject to administrative fines by requiring that written notice and an opportunity for a hearing be provided before penalties can be enforced. Specifically, if a person does not request a contested case hearing within twenty days of receiving a preliminary determination, that right is considered waived, streamlining the process for the Commission to impose fines.
Notably, the amendments may raise concerns regarding due process for those who are subject to the Commission's orders. Critics might view the waiver of the right to a hearing following a missed deadline as detrimental to individuals seeking to contest alleged violations. Additionally, there could be implications for how swiftly administrative penalties can be enacted without sufficient oversight, potentially leading to debate over the balance between efficient enforcement and individual rights in the context of campaign finance regulations.