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| 1 | - | THE SENATE S.B. NO. 197 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 STATE OF HAWAII | |
| 1 | + | THE SENATE S.B. NO. 197 THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 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 | THE SENATE S.B. NO. 197 | |
| 4 | 4 | THIRTY-SECOND LEGISLATURE, 2023 S.D. 1 | |
| 5 | - | STATE OF HAWAII | |
| 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 | 197 | |
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| 13 | 13 | THIRTY-SECOND LEGISLATURE, 2023 | |
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| 15 | 15 | S.D. 1 | |
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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 | - | SECTION 1. 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,] a person other than a person described in paragraph (2), an amount not to exceed $1,000 for each occurrence or an amount [equivalent] not to exceed three times the amount of an unlawful contribution or expenditure; or (2) 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 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 | |
| 47 | + | SECTION 1. 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,] a person other than a person described in paragraph (2), an amount not to exceed $1,000 for each occurrence or an amount [equivalent] not to exceed three times the amount of an unlawful contribution or expenditure; or (2) 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 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; 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 noncandidate committee; provided that if the noncandidate committee cannot pay, the commission may order that the fine be paid from the personal funds of the candidate or officers of the noncandidate committee." 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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| 49 | 49 | SECTION 1. Section 11-410, Hawaii Revised Statutes, is amended as follows: | |
| 50 | 50 | ||
| 51 | 51 | 1. By amending subsection (a) to read: | |
| 52 | 52 | ||
| 53 | 53 | "(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: | |
| 54 | 54 | ||
| 55 | 55 | (1) If [an individual,] a person other than a person described in paragraph (2), an amount not to exceed $1,000 for each occurrence or an amount [equivalent] not to exceed three times the amount of an unlawful contribution or expenditure; or | |
| 56 | 56 | ||
| 57 | - | (2) 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 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 | |
| 57 | + | (2) 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 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; | |
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| 59 | 59 | 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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| 61 | 61 | 2. By amending subsection (c) to read: | |
| 62 | 62 | ||
| 63 | - | "(c) If an administrative fine is imposed upon a candidate, the commission may order that the fine, or any portion[,] of the fine, be paid from the [candidate's] personal funds[.] of the candidate | |
| 63 | + | "(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 noncandidate committee; provided that if the noncandidate committee cannot pay, the commission may order that the fine be paid from the personal funds of the candidate or officers of the noncandidate committee." | |
| 64 | 64 | ||
| 65 | 65 | 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. | |
| 66 | 66 | ||
| 67 | 67 | SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
| 68 | 68 | ||
| 69 | - | SECTION 4. This Act shall take effect | |
| 69 | + | SECTION 4. This Act shall take effect upon its approval. | |
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| 71 | - | Report Title: Hawaii Campaign Spending Commission Package; Fines; Noncandidate Committees; Independent Expenditures Description: Increases the amount of | |
| 71 | + | Report Title: Hawaii Campaign Spending Commission Package; Fines; Noncandidate Committees; Independent Expenditures Description: Increases the amount of fine from $1,000 to $5,000 that may be assessed against a noncandidate committee making only independent expenditures that has received at least one contribution of more than $10,000, or spent more than $10,000 in an election period, for campaign spending law violations. Allows the Campaign Spending Commission to order the fine be up to three times the amount of the unlawful contribution or expenditure, and to order that the payment of the fine assessed against a noncandidate committee, or any portion thereof, be paid from the noncandidate committee or if the noncandidate committee cannot pay, the personal funds of the candidate or officers of the noncandidate committee. (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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| 77 | 77 | Report Title: | |
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| 79 | 79 | Hawaii Campaign Spending Commission Package; Fines; Noncandidate Committees; Independent Expenditures | |
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| 82 | 82 | ||
| 83 | 83 | Description: | |
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| 85 | - | Increases the amount of | |
| 85 | + | Increases the amount of fine from $1,000 to $5,000 that may be assessed against a noncandidate committee making only independent expenditures that has received at least one contribution of more than $10,000, or spent more than $10,000 in an election period, for campaign spending law violations. Allows the Campaign Spending Commission to order the fine be up to three times the amount of the unlawful contribution or expenditure, and to order that the payment of the fine assessed against a noncandidate committee, or any portion thereof, be paid from the noncandidate committee or if the noncandidate committee cannot pay, the personal funds of the candidate or officers of the noncandidate committee. (SD1) | |
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| 93 | 93 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |