Bill Text: HI HB97 | 2023 | Regular Session | Amended
Bill Title: Relating To Preliminary Determination Of Probable Cause.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-06-07 - Act 069, 06/07/2023 (Gov. Msg. No. 1169). [HB97 Detail]
Download: Hawaii-2023-HB97-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
97 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
S.D. 1 |
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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. 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. As a courtesy, the commission shall send the
preliminary determination with findings of fact and conclusions of law to the
respondent by electronic mail; provided that the electronic mail shall not
constitute service. 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 shall be a presumption that the candidate
or committee received the preliminary determination within seven business days
of the preliminary determination being mailed."
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 Statutory material to be repealed is bracketed and stricken.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.
Report Title:
Hawaii Campaign Spending Commission Package; Preliminary Determination; Method of Service
Description:
Requires the Campaign Spending Commission to serve preliminary determinations of probable cause via first-class mail. Establishes a presumption of receipt when mailed to the address contained in the candidate or committee organizational report. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
