HOUSE OF REPRESENTATIVES	H.B. NO.	283
TWENTY-NINTH LEGISLATURE, 2017		H.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:

 

     SECTION 1.  Section 11-410, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-410[]]  Administrative fines; relief.  (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 noncandidate committee that makes only independent expenditures, an amount not to exceed $1,000 for each occurrence or an amount [equivalent to] 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]

     (b)  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.

     (c)  The commission, in addition to the assessment of an administrative fine, may order the violator of any provision of this part to pay for costs of investigative services and bank fees for the production of subpoenaed documents incurred by the commission due to the violation.

     [(b)] (d)  Any order for the assessment of an administrative fine and costs shall not be issued against a person without providing the person written notice and an opportunity to be heard at a hearing conducted under chapter 91.  A person may waive these rights by written stipulation or consent.

     [(c)] (e)  If an administrative fine [is] and assessment of

costs are imposed upon a candidate, the commission may order that the fine[,] and costs, or any [portion,] portions thereof, be paid from the candidate’s personal funds.

     [(d)] (f)  If the person to whom the commission’s order is directed does not comply with the order, the first circuit court, upon application of the commission, shall issue an order requiring the person to comply with the commission’s order.  Failure to obey such a court order shall be punished as contempt.

     [(e)] (g)  Any administrative fine collected by the commission shall be deposited in the general fund of the State.  Any costs recovered by the commission shall be deposited in the Hawaii election campaign fund.

     [(f)] (h)  Any person or the commission may sue for injunctive relief to compel compliance with this part.

     [(g)] (i)  The provisions of this section shall not prohibit prosecution under any appropriate provision of the Hawaii Penal Code or section 11-412.

     [(h)] (j)  This section shall not apply to any person who, [prior to] before the commencement of proceedings under this section, has paid or agreed to pay the fines prescribed by sections 11-340 and 11-391(b)."

     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 on July 1, 2050.

 

 

Report Title:

Campaign Spending Commission Package; Fines; Costs

 

Description:

Increases the amounts of fines that may be assessed against a noncandidate committee making only independent expenditures for campaign spending violations.  Allows the Campaign Spending Commission to recover its costs from violators.  Directs moneys collected for costs to be deposited in the Hawaii Election Campaign Fund.  (HB283 HD1)

 

 

 

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