Campaign Spending Commission
Requires senate approval of employment of the executive director of the campaign spending commission, and allows senate dismissal of the executive director.
TWENTY-SECOND LEGISLATURE, 2004
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO ELECTIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-193, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The duties of the commission under this subpart are:
(1) To develop and adopt reporting forms required by this subpart;
(2) To adopt and publish a manual for all candidates and committees, describing the requirements of this subpart, including uniform and simple methods of recordkeeping;
(3) To preserve all reports required by this subpart for at least ten years from the date of receipt;
(4) To permit the inspection, copying, or duplicating of any report required by this subpart pursuant to rules adopted by the commission; provided that no information or copies from the reports shall be sold or used by any person for the purpose of soliciting contributions or for any commercial purpose;
(5) To ascertain whether any candidate, committee, or party has failed to file a report required by this subpart or has filed a substantially defective or deficient report, and to notify these persons by first class mail that their failure to file or filing of a substantially defective or deficient report must be corrected and explained. The correction or explanation shall be submitted in writing to the commission not later than 4:30 p.m. on the fifth day after notification of the failure to file or deficiency has been mailed to these persons. The commission shall publish in the newspaper, and on its website, the names of all candidates, committees, and parties who have failed to file a report or to correct their deficiency within the time allowed by the commission. Failure to file or correct a report when due, as required by this subpart, shall result in a penalty of $50. Failure to respond after a newspaper notification or website publication shall result in an additional penalty of $50 for each day a report remains overdue or uncorrected. All penalties collected under this section shall be deposited in the Hawaii election campaign fund;
(6) To hold public hearings;
(7) To investigate and hold hearings for receiving evidence of any violations;
(8) To adopt a code of fair campaign practices as a part of its rules;
(9) To establish rules pursuant to chapter 91;
(10) To request the initiation of prosecution for the violation of this subpart pursuant to section 11-229;
(11) To administer and monitor the distribution of public funds under this subpart;
(12) To suggest accounting methods for candidates, parties, and committees, as the commission may deem advisable, in connection with reports and records required by this subpart;
(13) To employ or contract, without regard to chapter 76 and section 28-8.3, and[
,] at pleasure[ ,] to dismiss, persons it finds necessary for the performance of its functions, including a full-time executive director, and to fix their compensation; provided that notwithstanding any law to the contrary, the employment of or contract with the executive director shall require the approval of the senate in the same manner as consent procedures for the selection of a head of a department; and provided further that notwithstanding any law to the contrary, the senate may dismiss the executive director at pleasure upon a majority vote of the senate;
(14) To do random audits, field investigations, as necessary;
(15) To file for injunctive relief when indicated;
(16) To censure any candidate who fails to comply with the code of fair campaign practices; and
(17) To render advisory opinions upon the request of any candidate, candidate committee, noncandidate committee, or other person or entity subject to this chapter, as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the campaign spending laws. If no advisory opinion is rendered within ninety days after all information necessary to issue an opinion has been obtained, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation of the campaign spending laws. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the candidate, candidate committee, noncandidate committee, or other person or entity subject to this chapter, who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the persons in the request for an advisory opinion."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.