Hawaii 2024 Regular Session

Hawaii Senate Bill SB196

Introduced
1/19/23  
Refer
1/23/23  
Introduced
1/19/23  

Caption

Relating To Orders Of The Campaign Spending Commission.

Impact

The proposed changes directly impact the enforcement mechanisms available to the Campaign Spending Commission, which oversees compliance with campaign finance laws. By ensuring that individuals have the opportunity to contest decisions before penalties are applied, the bill aims to uphold due process within the administrative framework. This shift may enhance the fairness of the proceedings and encourage compliance, as individuals will have clearer pathways to defend themselves against potential fines.

Summary

SB196 aims to amend Section 11-410 of the Hawaii Revised Statutes concerning the orders of the Campaign Spending Commission. The bill proposes adjustments that ensure a person cannot be assessed an administrative fine without being given prior written notice and a chance to be heard in a hearing as regulated under Chapter 91. Furthermore, it specifies that if a preliminary determination of probable cause is made during the proceedings, the individual must request a contested case hearing within twenty days; failing this will result in waiving the right to such a hearing.

Conclusion

Overall, SB196 seeks to modernize the procedural aspects of the Campaign Spending Commission’s authority while reinforcing individuals' rights within the administrative process. As discussions continue, it will be crucial to assess how the bill aligns with broader goals of campaign finance reform and transparency. The resolution of these debates will set important precedents for how campaign spending is monitored and enforced in Hawaii.

Contention

Debate surrounding SB196 is expected, particularly regarding the implications for administrative efficiency and the balance of power between individual rights and regulatory oversight. While supporters may argue that the bill strengthens individual rights by adding layers of protection, critics could contend that the increased requirements for hearings could impede the Commission's ability to respond swiftly to violations, ultimately undermining the enforcement of campaign finance laws. The potential backlog of contested hearings could lead organizations and candidates to argue that the bill complicates the regulatory environment.

Companion Bills

HI SB196

Carry Over Relating To Orders Of The Campaign Spending Commission.

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