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HOUSE OF REPRESENTATIVES |
H.B. NO. |
718 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PRELIMINARY DETERMINATION OF PROBABLE CAUSE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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.
The legislature further finds that existing law requires the campaign spending commission to serve preliminary determinations of probable cause regarding campaign finance violations via certified mail. Yet, the commission has had instances where a candidate refused to claim the preliminary determination of probable cause letter and it was returned to the commission, thereby preventing service as required by law. At the same time, when the commission sent the preliminary determination of probable cause and other documents to the candidate's address via first-class mail, as provided in the candidate's organizational report, those mailings were not returned to the commission as undeliverable.
Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct by amending the campaign spending commission's method of service for preliminary determinations of probable cause.
SECTION 2. Section 11-405, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Upon hearing the response, if the respondent
explains or otherwise responds to the complaint, and upon completion of any
investigation, the commission may make a prompt preliminary determination as to
whether probable cause exists that a violation of this part has been
committed. The preliminary determination
with findings of fact and conclusions of law shall be served upon the
respondent by [certified mail.] first-class mail. If the respondent is
a candidate, candidate committee, or noncandidate committee and the preliminary
determination is mailed to the address contained in the organizational report
of the candidate or committee, there is a presumption that the candidate or
committee received the preliminary determination within two business days of the
preliminary determination being mailed."
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.
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INTRODUCED BY: |
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Report Title:
Commission to Improve Standards of Conduct; Campaign Spending Commission; Preliminary Determination; Method of Service
Description:
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.