THE SENATE S.B. NO. 202 THIRTY-SECOND LEGISLATURE, 2023 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:
THE SENATE S.B. NO. 202
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII
THE SENATE
S.B. NO.
202
THIRTY-SECOND LEGISLATURE, 2023
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:
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. If 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 is a presumption that the candidate or committee received the preliminary determination within two business days of 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 Statutory material to be repealed is bracketed and stricken.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. INTRODUCED BY: _____________________________ By Request
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. If 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 is a presumption that the candidate or committee received the preliminary determination within two business days of 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.
INTRODUCED BY: _____________________________
By Request
INTRODUCED BY:
_____________________________
By Request
Report Title: Hawaii Campaign Spending Commission Package; Preliminary Determination; Order; Method of Service Description: Provides for the service of the commission's preliminary determination of probable cause via first-class mail. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
Report Title:
Hawaii Campaign Spending Commission Package; Preliminary Determination; Order; Method of Service
Description:
Provides for the service of the commission's preliminary determination of probable cause via first-class mail.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.