Hawaii 2022 Regular Session

Hawaii Senate Bill SB406 Compare Versions

Version 1 (Old)

Version 2 (New)

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1		-	THE SENATE S.B. NO. 406 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 STATE OF HAWAII ~~H.D. 1~~ A BILL FOR AN ACT RELATING TO CAMPAIGN SPENDING COMMISSION STAFF. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
	1	+	THE SENATE S.B. NO. 406 THIRTY-FIRST LEGISLATURE, 2021 S.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO CAMPAIGN SPENDING COMMISSION STAFF. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3		THE SENATE S.B. NO. 406
4	4		THIRTY-FIRST LEGISLATURE, 2021 S.D. 1
5		-	STATE OF HAWAII ~~H.D. 1~~
	5	+	STATE OF HAWAII
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7	7		THE SENATE
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9	9		S.B. NO.
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11	11		406
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13	13		THIRTY-FIRST LEGISLATURE, 2021
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15	15		S.D. 1
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17	17		STATE OF HAWAII
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19		-	~~H.D. 1~~
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31	31		A BILL FOR AN ACT
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37	37		RELATING TO CAMPAIGN SPENDING COMMISSION STAFF.
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43	43		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47		-	SECTION 1. Section 11-~~314~~, Hawaii Revised Statutes, is amended to read as follows: "~~§11-314 Duties of the commission. The duties of the commission under this part are to:~~ (1) Develop and adopt forms required by this part; (2) Adopt and publish a manual for all candidates, candidate committees, and noncandidate committees, describing the requirements of this part, including uniform and simple methods of recordkeeping; (3) Preserve all reports required by this part for at least ten years from the date of receipt by the commission; (4) Permit the inspection, copying, or duplication of any report required by this part pursuant to rules adopted by the commission under chapter 91; provided that this paragraph shall not apply to the sale or use of information under section 11-344; (5) Ascertain whether any person has failed to file a report required by this part or has filed a substantially defective or deficient report. The commission shall ~~notify~~ the ~~person~~ by ~~first class mail that~~ a ~~fine may~~ be ~~assessed~~ for the ~~failure to file or~~ the filing of a substantially defective or deficient report, and the defective or deficient report shall be corrected and explained. All fines collected under this section as authorized by sections 11-340 and 11‑410 shall be deposited in the general fund of the ~~State; (6) Hold public hearings;~~ ~~(7) Investigate~~ and ~~hold hearings for receiving evidence~~ of ~~any violations pursuant to subpart I of this part; (8) Adopt rules pursuant to chapter 91; (9) Request~~ the ~~initiation of prosecution for the violation of this part pursuant to~~ section 11-411; (10) Administer and monitor the distribution of public funds under this part; (11) Suggest accounting methods for candidates, candidate committees, or noncandidate committees in connection with reports and records required by this part; (12) Employ or contract with, without regard to chapters 76, 78, and 89, persons it finds necessary for the performance of its day-to-day functions, including a full-time executive director, and to fix their compensation; provided that the ~~commission~~ shall have the authority, at its discretion, to dismiss persons employed by or contracted with the commission; provided further that persons employed or contracted by the commission shall have the authority, without further commission action, to perform the day‑to‑day functions of the commission~~; (13) Conduct random audits and field investigations, as necessary; and (14) File for injunctive relief when indicated~~." SECTION 2. Section 11-402, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) A complaint initiated by the commission or staff of the commission shall be in writing and signed by the executive director." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect ~~on July 1, 2112~~.
	47	+	SECTION 1. Section 11-311, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) The commission shall consist of five members representing the general public and who are appointed by the governor from a list of ten nominees submitted by the judicial council. A vacancy on the commission shall be filled from the list of nominees or by the reappointment of a commissioner whose term has expired, subject to the limit on length of service imposed by section 26-34. The judicial council shall meet and expeditiously select additional persons for the list of nominees whenever the number of the eligible nominees falls below five. Notwithstanding section 26-34, appointments to the commission shall not be subject to the advice and consent of the senate. The commission may employ staff who may initiate complaints under section 11-402; provided that the staff shall not be members of the commission." SECTION 2. Section 11-402, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows: "(b) A complaint initiated by the commission or staff of the commission shall be in writing and signed by the executive director." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval.
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49		-	SECTION 1. Section 11-~~314~~, Hawaii Revised Statutes, is amended to read as follows:
	49	+	SECTION 1. Section 11-311, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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51		-	"§11-314 Duties of the commission. The duties of the commission under this part are to:
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53		-	(1) Develop and adopt forms required by this part;
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55		-	(2) Adopt and publish a manual for all candidates, candidate committees, and noncandidate committees, describing the requirements of this part, including uniform and simple methods of recordkeeping;
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57		-	(3) Preserve all reports required by this part for at least ten years from the date of receipt by the commission;
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59		-	(4) Permit the inspection, copying, or duplication of any report required by this part pursuant to rules adopted by the commission under chapter 91; provided that this paragraph shall not apply to the sale or use of information under section 11-344;
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61		-	(5) Ascertain whether any person has failed to file a report required by this part or has filed a substantially defective or deficient report. The commission shall notify the person by first class mail that a fine may be assessed for the failure to file or the filing of a substantially defective or deficient report, and the defective or deficient report shall be corrected and explained. All fines collected under this section as authorized by sections 11-340 and 11‑410 shall be deposited in the general fund of the State;
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63		-	(6) Hold public hearings;
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65		-	(7) Investigate and hold hearings for receiving evidence of any violations pursuant to subpart I of this part;
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67		-	(8) Adopt rules pursuant to chapter 91;
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69		-	(9) Request the initiation of prosecution for the violation of this part pursuant to section 11-411;
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71		-	(10) Administer and monitor the distribution of public funds under this part;
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73		-	(11) Suggest accounting methods for candidates, candidate committees, or noncandidate committees in connection with reports and records required by this part;
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75		-	(12) Employ or contract with, without regard to chapters 76, 78, and 89, persons it finds necessary for the performance of its day-to-day functions, including a full-time executive director, and to fix their compensation; provided that the commission shall have the authority, at its discretion, to dismiss persons employed by or contracted with the commission; provided further that persons employed or contracted by the commission shall have the authority, without further commission action, to perform the day‑to‑day functions of the commission;
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77		-	(13) Conduct random audits and field investigations, as necessary; and
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79		-	(14) File for injunctive relief when indicated."
	51	+	"(b) The commission shall consist of five members representing the general public and who are appointed by the governor from a list of ten nominees submitted by the judicial council. A vacancy on the commission shall be filled from the list of nominees or by the reappointment of a commissioner whose term has expired, subject to the limit on length of service imposed by section 26-34. The judicial council shall meet and expeditiously select additional persons for the list of nominees whenever the number of the eligible nominees falls below five. Notwithstanding section 26-34, appointments to the commission shall not be subject to the advice and consent of the senate. The commission may employ staff who may initiate complaints under section 11-402; provided that the staff shall not be members of the commission."
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81	53		SECTION 2. Section 11-402, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
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83	55		"(b) A complaint initiated by the commission or staff of the commission shall be in writing and signed by the executive director."
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85	57		SECTION 3. New statutory material is underscored.
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87		-	SECTION 4. This Act shall take effect ~~on July 1, 2112~~.
	59	+	SECTION 4. This Act shall take effect upon its approval.
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89		-	Report Title: Campaign Spending Commission Package; Commission; Staff; Day‑to‑day Functions; Complaints Description: Clarifies that the campaign spending commission may employ or contract with persons for the performance of day-to-day functions of the commission. Clarifies that persons employed or contracted by the campaign spending commission shall have the authority to perform day-to-day functions of the commission without further commission action. Requires a complaint initiated by the staff of the campaign spending commission to be in writing and signed by the executive director of the commission. 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.
	61	+	Report Title: Campaign Spending Commission Package; Commission; Staff; Complaints Description: Clarifies that Campaign Spending Commission may employ staff who initiate complaints on behalf of the commission. Clarifies that the staff of the Commission are not members of the Commission. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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93	67		Report Title:
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95		-	Campaign Spending Commission Package; Commission; Staff; ~~Day‑to‑day Functions;~~ Complaints
	69	+	Campaign Spending Commission Package; Commission; Staff; Complaints
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99	73		Description:
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101		-	Clarifies that ~~the~~ campaign spending commission may employ ~~or contract with persons for the performance of day-to-day functions~~ of the commission. Clarifies that persons employed or contracted by the campaign spending commission shall have the authority to perform day-to-day functions of the commission without further commission action. Requires a complaint initiated by the staff of the ~~campaign spending~~ commission ~~to be in writing and signed by the executive director~~ of the commission. ~~Effective 7/1/2112.~~ (~~HD1~~)
	75	+	Clarifies that Campaign Spending Commission may employ staff who initiate complaints on behalf of the commission. Clarifies that the staff of the Commission are not members of the Commission. (SD1)
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109	83		The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.