Hawaii 2024 Regular Session

Hawaii House Bill HB733 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 733 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 733
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9 (2022) to establish the commission to improve standards of conduct. The resolution requests the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules. Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented, submitted an interim report to the house of representatives outlining areas of immediate and long-term focus, then continued its work with input from the public and invited individuals and agencies to issue a final report with various recommendations and accompanying proposed legislation. The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals. Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct by: (1) Increasing the amount of the fine for campaign spending law violations that may be assessed against a noncandidate committee making only independent expenditures and that has received at least one contribution of more than $10,000, or spent more than $10,000, in an election period; and (2) Allowing the campaign spending commission to order that the payment of a fine assessed against a noncandidate committee, or any portion thereof, be paid from the personal funds of an officer of the noncandidate committee. SECTION 2. Section 11-410, Hawaii Revised Statutes, is amended as follows: 1. By amending subsection (a) to read: "(a) The commission may make a decision or issue an order affecting any person violating any provision of this part [or section 281-22] that may provide for the assessment of an administrative fine as follows: [(1) If an individual, an amount not to exceed $1,000 for each occurrence or an amount equivalent to three times the amount of an unlawful contribution or expenditure; or (2)] (1) If a [corporation, organization, association, or labor union,] noncandidate committee that makes only independent expenditures and has either received at least one contribution of more than $10,000 from any one person in an election period or has made expenditures of more than $10,000 in the aggregate in an election period, an amount not to exceed [$1,000] $5,000 for each occurrence[;] or an amount not to exceed three times the amount of an unlawful contribution or expenditure; or (2) If a person other than a person described in paragraph (1), an amount not to exceed $1,000 for each occurrence or an amount not to exceed three times the amount of an unlawful contribution or expenditure; provided that whenever a corporation, organization, association, or labor union violates this part, the violation may be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation." 2. By amending subsection (c) to read: "(c) If an administrative fine is imposed upon a candidate[,] or noncandidate committee, the commission may order that the fine, or any portion[,] of the fine, be paid from the [candidate's] personal funds[.] of the candidate or officers of the noncandidate committee." SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9 (2022) to establish the commission to improve standards of conduct. The resolution requests the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules.
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51	51	Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented, submitted an interim report to the house of representatives outlining areas of immediate and long-term focus, then continued its work with input from the public and invited individuals and agencies to issue a final report with various recommendations and accompanying proposed legislation.
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53	53	The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals.
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55	55	Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct by:
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57	57	(1) Increasing the amount of the fine for campaign spending law violations that may be assessed against a noncandidate committee making only independent expenditures and that has received at least one contribution of more than $10,000, or spent more than $10,000, in an election period; and
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59	59	(2) Allowing the campaign spending commission to order that the payment of a fine assessed against a noncandidate committee, or any portion thereof, be paid from the personal funds of an officer of the noncandidate committee.
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61	61	SECTION 2. Section 11-410, Hawaii Revised Statutes, is amended as follows:
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63	63	1. By amending subsection (a) to read:
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65	65	"(a) The commission may make a decision or issue an order affecting any person violating any provision of this part [or section 281-22] that may provide for the assessment of an administrative fine as follows:
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67	67	[(1) If an individual, an amount not to exceed $1,000 for each occurrence or an amount equivalent to three times the amount of an unlawful contribution or expenditure; or
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69	69	(2)] (1) If a [corporation, organization, association, or labor union,] noncandidate committee that makes only independent expenditures and has either received at least one contribution of more than $10,000 from any one person in an election period or has made expenditures of more than $10,000 in the aggregate in an election period, an amount not to exceed [$1,000] $5,000 for each occurrence[;] or an amount not to exceed three times the amount of an unlawful contribution or expenditure; or
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71	71	(2) If a person other than a person described in paragraph (1), an amount not to exceed $1,000 for each occurrence or an amount not to exceed three times the amount of an unlawful contribution or expenditure;
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73	73	provided that whenever a corporation, organization, association, or labor union violates this part, the violation may be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation."
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75	75	2. By amending subsection (c) to read:
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77	77	"(c) If an administrative fine is imposed upon a candidate[,] or noncandidate committee, the commission may order that the fine, or any portion[,] of the fine, be paid from the [candidate's] personal funds[.] of the candidate or officers of the noncandidate committee."
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79	79	SECTION 3. 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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81	81	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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83	83	SECTION 5. This Act shall take effect upon its approval.
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87	87	INTRODUCED BY: _____________________________
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89	89	INTRODUCED BY:
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91	91	_____________________________
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97	97	Report Title: Commission to Improve Standards of Conduct; Campaign Spending Commission; Administrative Fines; Noncandidate Committees; Independent Expenditures Description: Increases the amount of the fine for campaign spending law violations that may be assessed against a noncandidate committee making only independent expenditures and that has received at least one contribution of more than $10,000, or spent more than $10,000, in an election period. Allows the campaign spending commission to order that the payment of a fine assessed against a noncandidate committee, or any portion thereof, be paid from the personal funds of an officer of the noncandidate committee. 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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103	103	Report Title:
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105	105	Commission to Improve Standards of Conduct; Campaign Spending Commission; Administrative Fines; Noncandidate Committees; Independent Expenditures
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109	109	Description:
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111	111	Increases the amount of the fine for campaign spending law violations that may be assessed against a noncandidate committee making only independent expenditures and that has received at least one contribution of more than $10,000, or spent more than $10,000, in an election period. Allows the campaign spending commission to order that the payment of a fine assessed against a noncandidate committee, or any portion thereof, be paid from the personal funds of an officer of the noncandidate committee.
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119	119	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.