REPORT TITLE:
Elections


DESCRIPTION:
Amends election law to add a new definition for "ballot issue
committee". Redefines "committee" to exempt any organization
which raises or expends funds for the sole purpose of production
and dissemination of informational or educational advertising.
Amends other portions of the election law.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           628
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO ELECTIONS.



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

 1      SECTION 1.  Section 11-191, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      1.  By adding a new definition to be appropriately inserted
 
 4 and to read as follows:
 
 5      ""Ballot issue committee" means a committee as defined in
 
 6 this section which has the exclusive purpose of making or
 
 7 accepting contributions or expenditures for or against any issue
 
 8 appearing on the ballot at the next applicable election."
 
 9      2.  By amending the definition of "committee" to read as
 
10 follows:
 
11      ""Committee" means:
 
12      (1)  Any organization, association, or individual that
 
13           accepts or makes a contribution or makes an expenditure
 
14           for or against any:
 
15           (A)  Candidate;
 
16           (B)  Individual who files for nomination at a later
 
17                date and becomes a candidate; or
 
18           (C)  Party;
 
19           with or without the authorization of the candidate,
 

 
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 1           individual, or party.  In addition, the term
 
 2           "committee" means any organization, association, or
 
 3           individual who accepts or makes a contribution or makes
 
 4           an expenditure for or against any question or issue
 
 5           appearing on the ballot at the next applicable
 
 6           election;
 
 7      (2)  Any organization, association, or individual that
 
 8           raises or holds money or anything of value for a
 
 9           political purpose, with or without the consent or
 
10           knowledge of any:
 
11           (A)  Candidate;
 
12           (B)  Individual who files for nomination at a later
 
13                date and becomes a candidate; or
 
14           (C)  Party; and
 
15           subsequently contributes money or anything of value to,
 
16           or makes expenditures on behalf of, the candidate,
 
17           individual, or party;
 
18      (3)  Notwithstanding any of the foregoing, the term
 
19           "committee" shall not include any individual making a
 
20           contribution or expenditure of the individual's own
 
21           funds or anything of value that the individual
 
22           originally acquired for the individual's own use and
 
23           not for the purpose of evading any provision of this
 

 
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 1           subpart; or
 
 2      (4)  [Any committee as defined in paragraph (1) that accepts
 
 3           or makes contributions or makes expenditures in
 
 4           aggregate of more than $1,000 in an election to
 
 5           influence the nomination and election of individuals to
 
 6           public office or the outcome of ballot questions or
 
 7           issues, shall register with the commission and file
 
 8           reports as required by this chapter.] Notwithstanding
 
 9           any of the foregoing, the term "committee" shall not
 
10           include any organization, which raises or expends funds
 
11           for the sole purpose of the production and
 
12           dissemination of informational or educational
 
13           advertising."
 
14      SECTION 2.  Section 11-194, Hawaii Revised Statutes, is
 
15 amended to read as follows:
 
16      "11-194  Registration.(a)  Each candidate, committee, or
 
17 party shall file an organizational report as set forth in section
 
18 11-196, or section 11-196.5 as applicable, within ten days from
 
19 the date a candidate or candidate committee receives any
 
20 contributions [or makes any expenditures,] the aggregate amount
 
21 of which is more than $100, or makes any expenditures, or, within
 
22 ten days from the date a noncandidate committee receives any
 
23 contributions or makes any expenditures, the aggregate amount of
 

 
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 1 which is more than $1,000.
 
 2      (b)  Committees that form within ten days of an election and
 
 3 expend in the aggregate more than $1,000 shall register and fully
 
 4 disclose the expenditure by 4:30 p.m. on the last calendar day
 
 5 prior to the expenditure.
 
 6      (c)  Each candidate who [is certified to be a candidate by
 
 7 the] files nomination papers for office with the chief election
 
 8 officer or county clerk [by way of the "write-in" ballot] shall
 
 9 file an organizational report within five days [of being
 
10 certified as a candidate.] filing.
 
11      [(d)  Each candidate shall re-register for the new election
 
12 period.  A noncandidate committee need not re-register for a new
 
13 election period, but shall affirm the accuracy of the information
 
14 on the organizational report as set forth in section 11-196.5.]"
 
15      SECTION 3.  Section 11-195, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  All reports required to be filed under this subpart by
 
18 a candidate or those committees directly associated with the
 
19 candidate's candidacy shall be certified by the candidate[.] and
 
20 treasurer or deputy treasurer.  Reports required to be filed
 
21 under this subpart by a party or committee that supports more
 
22 than one candidate shall be certified by a person authorized to
 
23 sign the reports.  All reports required to be filed under this
 

 
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 1 subpart shall be open for public inspection in the office of the
 
 2 commission."
 
 3      SECTION 4.  Section 11-199, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "11-199  Campaign contributions, generally.(a)  All
 
 6 monetary contributions shall be promptly deposited in a
 
 7 depository institution, as defined by section 412:1-109, duly
 
 8 authorized to do business in the State, such as a bank, savings
 
 9 bank, savings and loan association, depository financial services
 
10 loan company, credit union, intra-Pacific bank, or similar
 
11 financial institution, the deposits or accounts of which are
 
12 insured by the Federal Deposit Insurance Corporation, or the
 
13 national credit union administration in the name of the
 
14 candidate, committee, or party, whichever is applicable.
 
15      (b)  Each candidate, committee, or party shall establish and
 
16 maintain an itemized record showing the amount of each monetary
 
17 contribution, the description and value of each nonmonetary
 
18 contribution, and the name and address of each donor making a
 
19 contribution of more than $25 in value.
 
20      [(c)  Each candidate and campaign treasurer shall report the
 
21 amount and date of deposit of each contribution and the name and
 
22 address of each donor who makes a contribution whose aggregate
 
23 value is more than $100.
 

 
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 1      (d)] (c)  No candidate, committee, or party shall accept a
 
 2 contribution of more than $100 in cash from a single person
 
 3 without issuing a receipt to the donor and keeping a record of
 
 4 the transaction.
 
 5      [(e)] (d)  Each committee and party shall disclose the
 
 6 original source of all earmarked funds, the ultimate recipient of
 
 7 the earmarked funds, and the fact that the funds are earmarked."
 
 8      SECTION 5.  Section 11-204, Hawaii Revised Statutes, is
 
 9 amended to read as follows:
 
10      "11-204  Campaign contributions; limits as to persons.(a)
 
11 No person or any other entity shall make contributions to:
 
12      (1)  A candidate seeking nomination or election to a two-
 
13           year office or to the candidate's committee in an
 
14           aggregate amount greater than $2,000 during an election
 
15           period; and
 
16      (2)  A candidate seeking nomination or election to a four-
 
17           year statewide office or to the candidate's committee
 
18           in an aggregate amount greater than $6,000 during an
 
19           election period; and
 
20      (3)  A candidate seeking nomination or election to a four-
 
21           year nonstatewide office or to the candidate's
 
22           committee in an aggregate amount greater than $4,000
 
23           during an election period.
 

 
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 1      These limits shall not apply to a loan made to a candidate
 
 2 by a financial institution in the ordinary course of business.
 
 3      (b)  No person or any other entity shall make contributions
 
 4 to a noncandidate committee, in an aggregate amount greater than
 
 5 $1,000 in an election; except that in the case of a corporation
 
 6 or company using funds from its own treasury, there shall be no
 
 7 limit on contributions or expenditures to the corporation or
 
 8 company noncandidate committee.
 
 9      (c)  A [candidate] candidate's immediate family in making [a
 
10 contribution] contributions to the candidate's campaign shall be
 
11 exempt from the above limitation, but shall be limited in the
 
12 aggregate to $50,000 in any election period.  The aggregate
 
13 amount of $50,000 shall include any loans made for campaign
 
14 purposes to the candidate from the candidate's immediate family.
 
15      (d)  A contribution by a dependent minor shall be reported
 
16 in the name of the minor but shall be counted against the
 
17 contribution of the minor's parent or guardian.
 
18      (e)  Any candidate [or], candidate's committee, or committee
 
19 who receives in the aggregate more than the applicable limits set
 
20 forth in this section in any primary, initial special, special,
 
21 or general election from a person, shall be required to transfer
 
22 an amount equal to any excess over the limits established in this
 
23 section to the Hawaii election campaign fund within thirty days
 

 
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 1 of receipt by a candidate or candidate's committee, and in any
 
 2 event, no later than thirty days upon the receipt by a candidate
 
 3 or candidate's committee of notification from the commission.  A
 
 4 candidate [or], candidate's committee, or committee who complies
 
 5 with this subsection prior to the initiation of prosecution shall
 
 6 not be subject to any penalty under section 11-228.
 
 7      (f)  All payments made by a person whose contributions or
 
 8 expenditure activity is financed, maintained, or controlled by
 
 9 any corporation, labor organization, association, political
 
10 party, or any other person or committee, including any parent,
 
11 subsidiary, branch, division, department, or local unit of the
 
12 corporation, labor organization, association, political party, or
 
13 any other person, or by any group of those persons shall be
 
14 considered to be made by a single person.
 
15      (g)  A contribution made by two or more corporations shall
 
16 be treated as one person when such corporations:
 
17      (1)  Share the majority of members of their boards of
 
18           directors;
 
19      (2)  Share two or more corporate officers;
 
20      (3)  Are owned or controlled by the same majority
 
21           shareholder or shareholders; or
 
22      (4)  Are in a parent-subsidiary relationship.
 
23      (h)  An individual and any general partnership in which the
 

 
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 1 individual is a partner, or an individual and any corporation in
 
 2 which the individual owns a controlling interest, shall be
 
 3 treated as one person.
 
 4      (i)  No committee which supports or opposes a candidate for
 
 5 public office shall have as officers individuals who serve as
 
 6 officers on any other committee which supports or opposes the
 
 7 same candidate.  No such committee shall act in concert with, or
 
 8 solicit or make contributions on behalf of, any other committee.
 
 9      (j)  [No contributions may be made to a noncandidate
 
10 committee from a corporation or other organization unless the
 
11 noncandidate committee has been in existence continuously, as
 
12 shown on the records of the campaign spending commission, for at
 
13 least twelve months prior to the next primary election.
 
14      (k)]  No contributions or expenditures shall be made to or
 
15 on behalf of a candidate or committee by a foreign national or
 
16 foreign corporation, including a domestic subsidiary of a foreign
 
17 corporation, a domestic corporation that is owned by a foreign
 
18 national, or a local subsidiary where administrative control is
 
19 retained by the foreign corporation, and in the same manner
 
20 prohibited under 2 United States Code section 441e and 11 Code of
 
21 Federal Regulations 110.4(a) and 110.9(a), as amended.  No
 
22 foreign-owned domestic corporation shall make contributions
 
23 where:
 

 
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 1      (1)  Foreign national individuals participate in election-
 
 2           related activities such as decisions concerning the
 
 3           making of contributions or the administration of a
 
 4           political committee; or
 
 5      (2)  The contribution funds are not domestically-derived.
 
 6      [(l)] (k)  No person or any other entity shall make
 
 7 contributions to a political party in an aggregate amount greater
 
 8 than $50,000 in any two-year election period.
 
 9      (l)  Except for subsection (j), this section shall not apply
 
10 to ballot issue committees."
 
11      SECTION 6.  Section 11-207, Hawaii Revised Statutes, is
 
12 amended by amending subsection (b) to read as follows:
 
13      "(b)  No funds shall be withdrawn or paid from a campaign
 
14 depository except upon the written authorization of the campaign
 
15 treasurer[.] or deputy treasurer."
 
16      SECTION 7.  Section 11-212, Hawaii Revised Statutes, is
 
17 amended to read as follows:
 
18      "11-212  Preliminary reports.(a)  [Each candidate,
 
19 authorized person in the case of a party, or campaign treasurer
 
20 in the case of a candidate committee,] The candidate committee of
 
21 each candidate whose name will appear on the ballot in the
 
22 immediately succeeding election shall file a preliminary report
 
23 with the commission or appropriate county clerk's office[,].
 

 
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 1 Preliminary reports shall be filed on forms provided by the
 
 2 commission no later than 4:30 p.m. on the [twenty-fifth and
 
 3 tenth] following dates:
 
 4      (1)  July thirtieth of the year of the primary election;
 
 5      (2)  Ten calendar [day] days prior to each primary and
 
 6           initial special election[,]; and [the tenth]
 
 7      (3)  Ten calendar [day] days prior to a special or general
 
 8           election.
 
 9 Each report shall be certified pursuant to section 11-195 and
 
10 shall contain the following information which shall be current
 
11 through the thirtieth calendar day prior to the filing of the
 
12 report filed on the thirtieth of July and fifth calendar day
 
13 prior to the filing of [a] other preliminary [report:] reports:
 
14      (1)  The aggregate sum of all contributions and other
 
15           campaign receipts received;
 
16      (2)  The amount and date of deposit of the contribution and
 
17           the name and address of each donor who contributes an
 
18           aggregate of more than $100 during an election period,
 
19           which has not previously been reported;
 
20      (3)  The amount and date of deposit of each contribution and
 
21           the name, address, employer, and occupation of each
 
22           donor who contributes an aggregate of $1,000 or more
 
23           during an election period, which has not previously
 

 
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 1           been reported;
 
 2      (4)  All expenditures made, incurred, or authorized by or
 
 3           for a candidate, including the name and address of each
 
 4           payee and the amount, date, and purpose of each
 
 5           expenditure; and
 
 6      (5)  A current statement of the balance on hand or deficit.
 
 7      (b)  Each noncandidate committee shall file a preliminary
 
 8 report with the commission, on forms provided by the commission,
 
 9 no later than 4:30 p.m. on the tenth calendar day prior to each
 
10 primary election and the tenth calendar day prior to a special or
 
11 general election.  Each report shall be certified pursuant to
 
12 section 11-195 and shall contain the following information, which
 
13 shall be current through the fifth calendar day prior to the
 
14 filing of a preliminary report:
 
15      (1)  The aggregate sum of all contributions and other
 
16           campaign receipts received;
 
17      (2)  The amount and date of deposit of the contribution and
 
18           the name, address, employer, and occupation of each
 
19           donor who contributes an aggregate of $100 or more
 
20           during an election period, which has not previously
 
21           been reported;
 
22      (3)  The amount and date of each disbursement or
 
23           contribution made to a candidate, party, organization,
 

 
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 1           or committee, including the name and address of each
 
 2           payee, which has not previously been reported;
 
 3      (4)  The amount and date of each expenditure made or
 
 4           incurred by the committee for or against any candidate,
 
 5           ballot issue, or on behalf of another committee, which
 
 6           has not previously been reported; and
 
 7      (5)  A current statement of the balance on hand.
 
 8      (c)  A candidate, party, or committee whose aggregate
 
 9 contributions [or] and expenditures for the reporting period each
 
10 total $2,000 or less may file a short form report with the
 
11 commission or appropriate county clerk's office in lieu of the
 
12 reports required by this section and section 11-213.
 
13      (d)  Notwithstanding this section and section 11-213, a
 
14 candidate, party, or committee whose aggregate contributions or
 
15 expenditures for the election period total $1,000 or less need
 
16 not file a preliminary and final primary report, a preliminary
 
17 and final general report, or a special election report, but shall
 
18 file only a final election period report."
 
19      SECTION 8.  Section 11-213, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "11-213  Final and supplemental reports.(a)  Primary and
 
22 initial special election.  Each candidate whether or not
 
23 successful in a primary or initial special election, authorized
 

 
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 1 person in the case of a party, or campaign treasurer in the case
 
 2 of a committee, shall file a final primary report certified
 
 3 pursuant to section 11-195 with the commission on forms provided
 
 4 by the commission no later than 4:30 p.m. on the twentieth
 
 5 calendar day after a primary or initial special election.  The
 
 6 report shall include the following information which shall be
 
 7 current through the day of the primary election:
 
 8      (1)  A statement of the total contributions and campaign
 
 9           receipts received;
 
10      (2)  The amount and date of deposit of each contribution and
 
11           the name and address of each donor who contributes an
 
12           aggregate of more than $100 during an election period,
 
13           which has not previously been reported;
 
14      (3)  The amount and date of deposit of each contribution and
 
15           the name, address, employer, and occupation of each
 
16           donor who contributes an aggregate of $1,000 or more
 
17           during an election period, which has not previously
 
18           been reported;
 
19      (4)  A statement of all expenditures made, incurred, or
 
20           authorized by or for a candidate including the name and
 
21           address of each payee and the amount, date, and purpose
 
22           of each expenditure; and
 
23      (5)  The cash balance and a statement of surplus or deficit.
 

 
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 1      (b)  Each noncandidate committee shall file a final primary
 
 2 report, certified pursuant to section 11-195, with the commission
 
 3 on forms provided by the commission no later than 4:30 p.m. on
 
 4 the twentieth calendar day after a primary election.  The report
 
 5 shall include the following information, which shall be current
 
 6 through the day of the primary election:
 
 7      (1)  A statement of the total contributions and campaign
 
 8           receipts received;
 
 9      (2)  The amount and date of deposit of each contribution and
 
10           the name, address, employer, and occupation of each
 
11           donor who contributes an aggregate of more than $100
 
12           during an election, which has not previously been
 
13           reported;
 
14      (3)  The amount and date of each disbursement or
 
15           contribution made to a candidate, party, organization,
 
16           or committee, including the name and address of each
 
17           payee, which has not previously been reported;
 
18      (4)  The amount and date of each expenditure made or
 
19           incurred by the committee for or against any candidate,
 
20           ballot issue, or on behalf of another committee, which
 
21           has not previously been reported; and
 
22      (5)  A current statement of the balance on hand.
 
23      (c)  General, special general, special election or election
 

 
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                                     S.B. NO.           628
                                                        
                                                        

 
 1 period.  Each candidate, authorized person in the case of a
 
 2 party, or campaign treasurer in the case of a committee shall
 
 3 file a final election period general report with the commission
 
 4 on forms provided by the commission no later than 4:30 p.m. on
 
 5 the thirtieth calendar day after a general, special general, or
 
 6 special election.  The final election period report shall be
 
 7 certified pursuant to section 11-195, shall report all items
 
 8 prescribed in subsection (a) or (b) for noncandidate committees,
 
 9 and shall be current through the day of the general election.  A
 
10 candidate who is unsuccessful in a primary or special primary
 
11 election shall file a final election period report.
 
12      (d)  Termination.  A candidate, party, or committee may
 
13 terminate registration with the commission with no surplus or no
 
14 deficit.  A termination report approved by the commission shall
 
15 include information on the disposition of any funds, which has
 
16 not previously been reported.
 
17      (e)  Deficit.  In the event of a deficit the candidate,
 
18 authorized person in the case of a party, or campaign treasurer
 
19 in the case of a committee shall, every six months until the
 
20 deficit is eliminated, file supplemental reports covering all
 
21 items prescribed in subsection (a) or subsection (b) in the case
 
22 of noncandidate committees.  The first report shall be due no
 
23 later than 4:30 p.m. on the thirtieth day after the last day of
 

 
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 1 the election year.
 
 2      (f)  Surplus.  In the event of a surplus the candidate,
 
 3 authorized person in the case of a party, or campaign treasurer
 
 4 in the case of a committee, shall:
 
 5      (1)  Maintain the cash surplus in a financial depository;
 
 6           and
 
 7      (2)  Every six months, until the candidate files to be on
 
 8           the ballot with the state office of elections, or in
 
 9           the case of a party or committee until they participate
 
10           in an election again, file supplemental reports
 
11           detailing all items prescribed in subsection (a) or in
 
12           the case of a noncandidate committee until they
 
13           participate in an election again, or file supplemental
 
14           reports detailing all items prescribed in subsection
 
15           (b).
 
16      The first report shall be due not later than 4:30 p.m. on
 
17 the thirtieth calendar day after the last day of the election
 
18 year.
 
19      [(g)  Short form reporting.  A candidate, party, or
 
20 committee who receives no contributions, makes no expenditures,
 
21 and has a deficit or surplus of $2,000 or less in any prescribed
 
22 reporting period shall nevertheless file preliminary, final, and
 
23 supplemental reports on the respective dates pursuant to this
 

 
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 1 subpart.  The reports may be filed on a short form as provided by
 
 2 the commission.
 
 3      (h)] (g)  All supplemental reports required by this section
 
 4 shall be filed until a candidate files to be on the ballot with
 
 5 the state elections office.  Each party or noncandidate committee
 
 6 shall file a supplemental report for the respective reporting
 
 7 period during a nonelection year.  In an election year, each
 
 8 party and noncandidate committee shall file reports as prescribed
 
 9 in this section and section 11-212 for the primary and general
 
10 election."
 
11      SECTION 9.  Section 11-215, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "11-215  Advertising.(a)  [To the extent authorized by
 
14 law, all] All advertisements [authorized by a candidate or a
 
15 candidate's committee] shall contain the name and address of the
 
16 candidate, committee, or party paying for the advertisement.  If
 
17 an advertisement is not authorized by a candidate or a
 
18 candidate's committee, the advertisement shall contain the name
 
19 and address of the person paying for the advertisement.
 
20      (b)  In addition to subsection (a), [and to the extent
 
21 authorized by law,] no [person] candidate or committee shall
 
22 cause or submit any advertisement in support of a candidate [or],
 
23 against a candidate's opponent, or with regard to a ballot issue
 

 
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 1 to be published, broadcast, televised, or otherwise circulated
 
 2 and distributed except under the following conditions:
 
 3      (1)  The advertisement shall contain a notice in a prominent
 
 4           location that the literature or advertisement is
 
 5           published, broadcast, televised, or circulated with the
 
 6           approval and authority of the candidate, provided that
 
 7           in the event that the literature or advertisement is
 
 8           paid for by a candidate [or], committee directly
 
 9           associated with a candidate, or ballot issue committee,
 
10           the notice of approval and authority need not be
 
11           included; or
 
12      (2)  The advertisement shall contain a notice in a prominent
 
13           location that the literature or advertisement is
 
14           published, broadcast, televised, or circulated without
 
15           the approval and authority of the candidate.
 
16      (c)  The penalty for violating this section shall be a fine
 
17 not to exceed $25 for each advertisement that lacks the required
 
18 disclaimer and no more than $5,000 aggregate."
 
19      SECTION 10.  Section 11-228, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "11-228  Administrative fines; relief.(a)  In the
 
22 performance of its required duties, the commission may render a
 
23 decision or issue an order affecting any person violating any
 

 
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                                     S.B. NO.           628
                                                        
                                                        

 
 1 provision of this subpart [other than in sections 11-193(a)(5)
 
 2 and 11-215,] that shall provide for the assessment of an
 
 3 administrative fine in the manner prescribed as follows:
 
 4      (1)  If a natural person, an amount not to exceed $1,000 for
 
 5           each occurrence or an amount equivalent to three times
 
 6           the amount of an unlawful contribution or expenditure,
 
 7           whichever is greater; or
 
 8      (2)  If a corporation, organization, association, or labor
 
 9           union, it shall be punished by a fine not exceeding
 
10           $1,000 for each occurrence; and
 
11      (3)  Whenever a corporation, organization, association, or
 
12           labor union violates this subpart, the violation shall
 
13           be deemed to be also that of the individual directors,
 
14           officers, or agents of the corporation, organization,
 
15           association, or labor union, who have knowingly
 
16           authorized, ordered, or done any of the acts
 
17           constituting the violation.
 
18      (b)  Any order for the assessment of an administrative fine
 
19 may not be issued against a person without providing the person
 
20 written notice and an opportunity to be heard at a hearing
 
21 conducted under chapter 91.  A person may waive these rights by
 
22 written stipulation or consent.  If an administrative fine is
 
23 imposed upon a candidate, the commission may order that the fine,
 

 
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 1 or any portion, be paid from the candidate's personal funds.
 
 2      (c)  If an order issued by the commission is not complied
 
 3 with by the person to whom it is directed, the first circuit
 
 4 court, upon application of the commission, shall issue an order
 
 5 requiring the person to comply with the commission's order.
 
 6 Failure to obey such a court order shall be punished as contempt.
 
 7      (d)  Any administrative fine collected by the commission
 
 8 shall be deposited in the Hawaii election campaign fund.
 
 9      (e)  Any person or the commission may sue for injunctive
 
10 relief to compel compliance with this subpart.
 
11      (f)  The provisions of this section shall not be construed
 
12 to prohibit prosecution under any appropriate provision of the
 
13 Hawaii Penal Code or section 11-229.
 
14      (g)  The provisions of this section shall not apply to any
 
15 person who, prior to the commencement of proceedings under this
 
16 section, has paid or agreed to pay the penalties prescribed by
 
17 sections 11-193(a)(5) and 11-225(b)(3)."
 
18      SECTION 11.  Section 11-229, Hawaii Revised Statutes, is
 
19 amended to read as follows:
 
20      "11-229  Criminal prosecution.(a)  Any [individual]
 
21 person who knowingly, intentionally, or recklessly violates any
 
22 provision of this subpart[, other than sections 11-193(a)(5) and
 
23 11-215,] shall be guilty of a misdemeanor.  A person who is
 

 
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 1 convicted under this section shall be disqualified from holding
 
 2 elective public office for a period of four years from the date
 
 3 of conviction.
 
 4      (b)  For purposes of prosecution for violation of this
 
 5 subpart, the offices of the attorney general and the prosecuting
 
 6 attorney of the respective counties shall be deemed to have
 
 7 concurrent jurisdiction to be exercised as follows:
 
 8      (1)  Prosecution shall commence with a written request from
 
 9           the commission or upon the issuance of an order of the
 
10           court; provided that prosecution may commence prior to
 
11           any proceeding initiated by the commission or final
 
12           determination;
 
13      (2)  In the case of state offices, parties, or issues, the
 
14           attorney general or the prosecuting attorney for the
 
15           city and county of Honolulu shall prosecute any
 
16           violation; and
 
17      (3)  In the case of all other offices, parties, or issues,
 
18           the attorney general or the prosecuting attorney for
 
19           the respective county shall prosecute any violation.
 
20      In the commission's choice of prosecuting agency, it shall
 
21 be guided by whether there will be any conflicting interest
 
22 between the agency and its appointive authority.
 
23      (c)  The court shall give priority to the expeditious
 

 
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 1 processing of suits under this section.
 
 2      (d)  Prosecution for violation of any provision of this
 
 3 subpart shall not be commenced after five years have elapsed from
 
 4 the date of the violation or date of filing of the report
 
 5 covering the period in which the violation occurred, whichever is
 
 6 later.
 
 7      (e)  The provisions of this section shall not apply to any
 
 8 person who, prior to the commencement of proceedings under this
 
 9 section, has paid or agreed to pay the penalties prescribed by
 
10 sections 11-193(a)(5) and 11-225(b)(3)."
 
11      SECTION 12.  Act 27, Special Session Laws of Hawaii 1995, as
 
12 amended by Act 13, Session Laws of Hawaii 1996, is amended by
 
13 amending section 15 to read as follows:
 
14      "SECTION 15.  This Act shall take effect on July 1, 1995[;]
 
15 provided that [on]:
 
16      (1)  On June 30, 1999, this Act shall be repealed and
 
17           sections 11-1, 11-2, 11-5, 11-191, 11-194, 11-195,
 
18           11-216, 12-8, and 26-1, Hawaii Revised Statutes, shall
 
19           be reenacted in the form in which they read on the day
 
20           before the effective date of this Act[.]; and
 
21      (2)  The amendments made by this S.B. No.      , Session
 
22           Laws of Hawaii 1999, shall not be repealed when the
 
23           provisions in paragraph (1) are reenacted."
 

 
Page 24                                                    
                                     S.B. NO.           628
                                                        
                                                        

 
 1      SECTION 13.  Statutory material to be repealed is bracketed.
 
 2 New statutory material is underscored.
 
 3      SECTION 14.  In printing this Act, the revisor of statutes
 
 4 shall substitute in section 12, the number of this Act for the
 
 5 bill identified therein.
 
 6      SECTION 15.  This Act shall take effect on June 29, 1999.
 
 7 
 
 8                              INTRODUCED BY:______________________