Hawaii 2023 Regular Session

Hawaii House Bill HB97 Compare Versions

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1-HOUSE OF REPRESENTATIVES H.B. NO. 97 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII S.D. 1 A BILL FOR AN ACT RELATING TO PRELIMINARY DETERMINATION OF PROBABLE CAUSE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
1+HOUSE OF REPRESENTATIVES H.B. NO. 97 THIRTY-SECOND LEGISLATURE, 2023 H.D. 1 STATE OF HAWAII A BILL FOR AN ACT RELATING TO PRELIMINARY DETERMINATION OF PROBABLE CAUSE. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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33 HOUSE OF REPRESENTATIVES H.B. NO. 97
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1313 THIRTY-SECOND LEGISLATURE, 2023
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3131 A BILL FOR AN ACT
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3737 RELATING TO PRELIMINARY DETERMINATION OF PROBABLE CAUSE.
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4343 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47- SECTION 1. Section 11-405, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed. The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by [certified mail.] first-class mail. As a courtesy, the commission shall send the preliminary determination with findings of fact and conclusions of law to the respondent by electronic mail; provided that the electronic mail shall not constitute service. If the respondent is a candidate, candidate committee, or noncandidate committee and the preliminary determination is mailed to the address contained in the organizational report of the candidate or committee, there shall be a presumption that the candidate or committee received the preliminary determination within seven business days of the preliminary determination being mailed." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. 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 Statutory material to be repealed is bracketed and stricken.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.
47+ SECTION 1. Section 11-405, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed. The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by [certified mail.] first-class mail and electronic mail. If the respondent is a candidate, candidate committee, or noncandidate committee and the preliminary determination is mailed to the address contained in the organizational report of the candidate or committee, there shall be a presumption that the candidate or committee received the preliminary determination within five business days of the preliminary determination being mailed." SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. 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.
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4949 SECTION 1. Section 11-405, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51- "(a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed. The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by [certified mail.] first-class mail. As a courtesy, the commission shall send the preliminary determination with findings of fact and conclusions of law to the respondent by electronic mail; provided that the electronic mail shall not constitute service. If the respondent is a candidate, candidate committee, or noncandidate committee and the preliminary determination is mailed to the address contained in the organizational report of the candidate or committee, there shall be a presumption that the candidate or committee received the preliminary determination within seven business days of the preliminary determination being mailed."
51+ "(a) Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed. The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by [certified mail.] first-class mail and electronic mail. If the respondent is a candidate, candidate committee, or noncandidate committee and the preliminary determination is mailed to the address contained in the organizational report of the candidate or committee, there shall be a presumption that the candidate or committee received the preliminary determination within five business days of the preliminary determination being mailed."
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5353 SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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5555 SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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5757 SECTION 4. This Act shall take effect upon its approval.
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59- Report Title: Hawaii Campaign Spending Commission Package; Preliminary Determination; Method of Service Description: Requires the Campaign Spending Commission to serve preliminary determinations of probable cause via first-class mail. Establishes a presumption of receipt when mailed to the address contained in the candidate or committee organizational report. (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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61+ Report Title: Hawaii Campaign Spending Commission Package; Preliminary Determination; Method of Service Description: Requires the campaign spending commission to serve preliminary determinations of probable cause via first-class mail and electronic mail. Establishes a presumption of receipt when mailed to the address contained in the candidate or committee organizational report. (HD1) 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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6567 Hawaii Campaign Spending Commission Package; Preliminary Determination; Method of Service
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71-Requires the Campaign Spending Commission to serve preliminary determinations of probable cause via first-class mail. Establishes a presumption of receipt when mailed to the address contained in the candidate or committee organizational report. (SD1)
73+Requires the campaign spending commission to serve preliminary determinations of probable cause via first-class mail and electronic mail. Establishes a presumption of receipt when mailed to the address contained in the candidate or committee organizational report. (HD1)
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7981 The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.