REPORT TITLE:
Elect.; Campaign Spend. Rept.


DESCRIPTION:
Adds to required electronic filing of campaign spending report,
candidates for State house and senate; increases fine imposed by
campaign spending commission for corporation, an amount equal to
3 times the amount of an unlawful contribution or expenditure;
makes the knowing, intentional, or reckless violation of campaign
spending law for 2 or more violations (or a part of a pattern
intended to conceal ongoing or past violations) to be a class C
felony.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2146
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT
RELATING TO ELECTIONS.



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

 1      SECTION 1.  Section 11-195, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (f) to read as follows:
 
 3      (f)  For purposes of this subpart, whenever a report is
 
 4 required to be filed with the commission, "filed" means received
 
 5 in the office of the commission or county clerk, whichever is
 
 6 applicable, by the date and time specified for the filing of the
 
 7 report; except that a candidate or the committee of a candidate
 
 8 who is seeking election to the office of:
 
 9      (1)  Governor;
 
10      (2)  Lieutenant governor;
 
11      (3)  Mayor;
 
12      (4)  Prosecuting attorney; [or]
 
13      (5)  County council;
 
14      (6)  Senate; or
 
15      (7)  House of representatives;
 
16 shall file by electronic means in the manner prescribed by the
 
17 commission.  Candidates for the offices named in this subsection
 
18 with contributions or expenditures of less than $5,000 need not
 
19 file by electronic means."
 
20      SECTION 2.  Section 11-228, Hawaii Revised Statutes, is
 

 
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                                     S.B. NO.           2146
                                                        
                                                        


 1 amended by amending subsection (a) to read as follows:
 
 2      "(a)  In the performance of its required duties, the
 
 3 commission may render a decision or issue an order affecting any
 
 4 person violating any provision of this subpart that                5 for the assessment of an administrative fine in the manner
 
 6 prescribed as follows:
 
 7      (1)  If a natural person, an amount not to exceed $1,000 for
 
 8           each occurrence or an amount equivalent to three times
 
 9           the amount of an unlawful contribution or expenditure,
 
10           whichever is greater; or
 
11      (2)  If a corporation, organization, association, or labor
 
12           union, it shall be punished by a fine not exceeding
 
13           $1,000 for each occurrence[; and] or an amount
 
14           equivalent to three times the amount of an unlawful
 
15           contribution or expenditure, whichever is greater; and
 
16      (3)  Whenever a corporation, organization, association, or
 
17           labor union violates this subpart, the violation shall
 
18           be deemed to be also that of the individual directors,
 
19           officers, or agents of the corporation, organization,
 
20           association, or labor union, who have knowingly
 
21           authorized, ordered, or done any of the acts
 
22           constituting the violation."
 
23      SECTION 3.  Section 11-229, Hawaii Revised Statutes, is
 

 
 
 
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                                     S.B. NO.           2146
                                                        
                                                        


 1 amended by amending subsection (a) to read as follows:
 
 2      "(a)  Any person who knowingly, intentionally, or recklessly
 
 3 violates any provision of this subpart shall be guilty of a
 
 4 misdemeanor.  A person who is convicted under this section shall
 
 5 be disqualified from holding elective public office for a period
 
 6 of four years from the date of conviction.  Any person who
 
 7 intentionally or knowingly commits two or more violations of this
 
 8 subpart and those two or more of these violations are deemed to
 
 9 be part of a pattern intended to conceal an ongoing or past
 
10 violations of this subpart, shall be guilty of a class C felony."
 
11      SECTION 4.  Statutory material to be repealed is bracketed.
 
12 New statutory material is underscored.
 
13      SECTION 5.  This Act shall take effect upon its approval.
 
14 
 
15                              INTRODUCED BY:______________________