Bill Text: HI HB1418 | 2015 | Regular Session | Introduced

Hawaii House Bill 1418 (Prior Session Legislation)

Introduced

Bill Title: Campaign Finance; Mandatory Training; Corrected Reports; Electronic Filing Errors; Appropriation ($)

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-02-02 - Referred to JUD, FIN, referral sheet 6 [HB1418 Detail]

Download: Hawaii-2015-HB1418-Introduced.html

HOUSE OF REPRESENTATIVES	H.B. NO.	1418
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to campaign finance.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended as follows:

1. By adding a new section to subpart A of part XIII to be appropriately designated and to read as follows:

"§11-A Mandatory campaign finance training course. (a) All candidates shall complete a campaign finance training course administered by the commission as provided in this section.

(b) The commission shall establish and administer a campaign finance training course for candidates. The training course shall explain and discuss this part, including:

(1) Specific technical and legal requirements;

(2) The underlying purposes and principles of the laws;

(3) Examples of practical application of the laws and principles, including suggested accounting methods for reports and records required by this part; and

(4) A question-and-answer participatory segment regarding common problems and situations.

(1) Develop the methods and prepare any materials necessary to implement the training course;

(2) Designate staff to conduct the training course; and

(3) Notify each candidate that their attendance in the training course is mandatory.

(d) The training course shall be conducted in each election year during the thirty-day period immediately following the deadline for the certified list of candidates under section 12-9. During the thirty-day period, the commission shall offer multiple sessions of the training course as necessary to accommodate all candidates.

(e) The chief election officer and the clerk of each county shall:

(1) Provide to the commission in a timely manner the names of all candidates required to attend the training course; and

(2) Assist the commission by providing adequate meeting facilities for the training course as necessary."

2. By adding two new sections to subpart D of part XIII to be appropriately designated and to read as follows:

"§11-B Corrected reports initiated by filer; safe harbor. (a) Except in the case of corrected reports initiated by the commission pursuant to section 11-340(d) and (e), a person required to file a report under this part may file a corrected report with the commission at any time.

(b) No person who files a corrected report pursuant to this section prior to the commencement of any proceedings pertaining to a defect or deficiency in the original report shall be subject to any penalty under section 11-340 or 11-410 or prosecution under section 11-412 in connection with the original report.

§11-C Electronic filing errors; deferral of penalties to accommodate remediation. (a) Notwithstanding any provision of this part to the contrary, if:

(1) A person required to file a report under this part attempts in good faith to file a report with the commission's electronic filing system pursuant to section 11-331;

(2) The information from the attempted report under paragraph (1) is timely entered into and retained by the electronic filing system and constitutes all of the information required to be included in the report; and

(3) Due to a procedural defect or other error in the use of the electronic filing system by the person attempting to file the report, the commission determines that the person has failed to timely file the report or has filed a substantially defective or deficient report in violation of this subpart,

the person attempting to file the report shall not be subject to any penalty under section 11-340 or 11-410 or prosecution under section 11-412 except as provided in subsection (c).

(b) Upon the determination of a violation as described in subsection (a)(3), the commission, by first class mail, shall provide written notice of the following to the person attempting to file the report:

(1) An explanation of the commission's determination that the person has violated this part;

(2) Clear instructions for the person to remediate the violation; and

(3) That the person may be assessed a fine unless the person remediates the violation by the fourteenth day following the date on which the notice was mailed.

(c) If the person attempting to file a report as described in subsection (a) fails to remediate the violation by the fourteenth day following the date on which the notice in subsection (b) was mailed, the person shall thereafter be subject to penalty under section 11-340 or 11-410 or prosecution under section 11-412 for the violation; provided that:

(1) For the purposes of the assessment of fines under section 11-340(e), every reference to a notice therein shall be construed as a reference to the notice under subsection (b);

(2) For candidates participating in no more than the candidate's second election in which the candidate is subject to the requirements of this part, no portion of any fine imposed as authorized by this subsection shall be payable from the candidate's personal funds."

SECTION 2. Section 11-340, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) True and accurate reports shall be filed with the commission on or before the due dates specified in this part. [~~The~~] Subject to section 11-C, the commission, in accordance with this section, may assess a fine against a person that is required to file a report under this part if the report is not filed by the due date or if the report is substantially defective or deficient, as determined by the commission."

2. By amending subsection (d) to read:

"(d) If the commission determines that a report is substantially defective or deficient, the commission shall notify the candidate committee by first class mail that:

(1) The report is substantially defective or deficient; and

(2) A fine may be assessed[.];

provided that the issuance of any notice in accordance with section 11-C(b) shall constitute fulfillment of the requirements of this subsection."

SECTION 3. Section 11-410, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(a) [~~The~~] Subject to section 11-C, 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) If a corporation, organization, association, or labor union, an amount not to exceed $1,000 for each occurrence;

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] Except as otherwise provided in section 11-C(c)(2), if an administrative fine is imposed upon a candidate, the commission may order that the fine, or any portion, be paid from the candidate's personal funds."

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2015-2016 and the same sum or so much thereof as may be necessary for fiscal year 2016-2017 for the campaign spending commission to establish permanent full-time equivalent ( FTE) positions to administer the campaign finance training course required under section 1 of this Act.

The sums appropriated shall be expended by the department of accounting and general services for the purposes of this Act.

SECTION 5. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect on July 1, 2015.

INTRODUCED BY:	_____________________________

Report Title:

Campaign Finance; Mandatory Training; Corrected Reports; Electronic Filing Errors; Appropriation

Description:

Requires all election candidates to attend a campaign finance training course administered by the Campaign Spending Commission. Appropriates funds for staff to administer the training course. Provides safe harbor for corrected campaign finance reports initiated by the filer. Establishes a separate process allowing campaign spending filers who violate reporting requirements due to an electronic filing error to receive a warning notice and an opportunity to remediate the violation before any penalties may be imposed.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.