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| 1 | - | THE SENATE S.B. NO. 399 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 STATE OF HAWAII H.D. 1 | |
| 1 | + | THE SENATE S.B. NO. 399 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 STATE OF HAWAII H.D. 1 A BILL FOR AN ACT RELATING TO THE ORDERS OF THE CAMPAIGN SPENDING COMMISSION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 2 | 2 | ||
| 3 | 3 | THE SENATE S.B. NO. 399 | |
| 4 | 4 | THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 | |
| 5 | 5 | STATE OF HAWAII H.D. 1 | |
| 6 | - | C.D. 1 | |
| 7 | 6 | ||
| 8 | 7 | THE SENATE | |
| 9 | 8 | ||
| 10 | 9 | S.B. NO. | |
| 11 | 10 | ||
| 12 | 11 | 399 | |
| 13 | 12 | ||
| 14 | 13 | THIRTY-FIRST LEGISLATURE, 2021 | |
| 15 | 14 | ||
| 16 | 15 | S.D. 1 | |
| 17 | 16 | ||
| 18 | 17 | STATE OF HAWAII | |
| 19 | 18 | ||
| 20 | 19 | H.D. 1 | |
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| 23 | + | ||
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| 31 | 30 | ||
| 32 | 31 | A BILL FOR AN ACT | |
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| 34 | 33 | ||
| 35 | 34 | ||
| 36 | 35 | ||
| 37 | 36 | ||
| 38 | 37 | RELATING TO THE ORDERS OF THE CAMPAIGN SPENDING COMMISSION. | |
| 39 | 38 | ||
| 40 | 39 | ||
| 41 | 40 | ||
| 42 | 41 | ||
| 43 | 42 | ||
| 44 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
| 45 | 44 | ||
| 46 | 45 | ||
| 47 | 46 | ||
| 48 | - | 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 shall be deemed waived if the order is a preliminary determination of probable cause rendered during a meeting subject to the requirements of chapter 92 pursuant to section 11-404 and the person fails to request a contested case hearing within | |
| 47 | + | 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 shall be deemed waived if the order is a preliminary determination of probable cause rendered during a meeting subject to the requirements of chapter 92 pursuant to section 11-404 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 initiating 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." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 2112. | |
| 49 | 48 | ||
| 50 | 49 | SECTION 1. Section 11-410, Hawaii Revised Statutes, is amended as follows: | |
| 51 | 50 | ||
| 52 | 51 | 1. By amending subsection (b) to read: | |
| 53 | 52 | ||
| 54 | - | "(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 shall be deemed waived if the order is a preliminary determination of probable cause rendered during a meeting subject to the requirements of chapter 92 pursuant to section 11-404 and the person fails to request a contested case hearing within | |
| 53 | + | "(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 shall be deemed waived if the order is a preliminary determination of probable cause rendered during a meeting subject to the requirements of chapter 92 pursuant to section 11-404 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)." | |
| 55 | 54 | ||
| 56 | 55 | 2. By amending subsection (d) to read: | |
| 57 | 56 | ||
| 58 | - | "(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 initiating 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 | |
| 57 | + | "(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 initiating 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." | |
| 59 | 58 | ||
| 60 | 59 | SECTION 2. New statutory material is underscored. | |
| 61 | 60 | ||
| 62 | - | SECTION 3. This Act shall take effect | |
| 61 | + | SECTION 3. This Act shall take effect on July 1, 2112. | |
| 63 | 62 | ||
| 64 | - | Report Title: Campaign Spending Commission Package; Orders; Enforcement of Judgments; Fines Description: Provides that certain rights shall be deemed waived if a preliminary determination of probable cause is rendered during a meeting subject to the requirements of chapter 92, HRS, and the person fails to request a contested case hearing within | |
| 63 | + | Report Title: Campaign Spending Commission Package; Orders; Enforcement of Judgments; Fines Description: Provides that certain rights shall be deemed waived if a preliminary determination of probable cause is rendered during a meeting subject to the requirements of chapter 92, HRS, and the person fails to request a contested case hearing within twenty days of receipt of the preliminary determination. Allows the campaign spending commission to have an order confirmed as a judgment by the first circuit court, giving the order the same force and effect as any other judgment issued by the circuit courts. Effective 7/1/2112. (HD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
| 65 | 64 | ||
| 66 | 65 | ||
| 67 | 66 | ||
| 68 | 67 | Report Title: | |
| 69 | 68 | ||
| 70 | 69 | Campaign Spending Commission Package; Orders; Enforcement of Judgments; Fines | |
| 71 | 70 | ||
| 72 | 71 | ||
| 73 | 72 | ||
| 74 | 73 | Description: | |
| 75 | 74 | ||
| 76 | - | Provides that certain rights shall be deemed waived if a preliminary determination of probable cause is rendered during a meeting subject to the requirements of chapter 92, HRS, and the person fails to request a contested case hearing within | |
| 75 | + | Provides that certain rights shall be deemed waived if a preliminary determination of probable cause is rendered during a meeting subject to the requirements of chapter 92, HRS, and the person fails to request a contested case hearing within twenty days of receipt of the preliminary determination. Allows the campaign spending commission to have an order confirmed as a judgment by the first circuit court, giving the order the same force and effect as any other judgment issued by the circuit courts. Effective 7/1/2112. (HD1) | |
| 77 | 76 | ||
| 78 | 77 | ||
| 79 | 78 | ||
| 80 | 79 | ||
| 81 | 80 | ||
| 82 | 81 | ||
| 83 | 82 | ||
| 84 | 83 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |