THE SENATE

S.B. NO.

2438

TWENTY-EIGHTH LEGISLATURE, 2016

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO CAMPAIGN FINANCE.

 

 

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

 


     SECTION 1.  Section 11-314, Hawaii Revised Statutes, is amended to read as follows:

     11-314  Duties of the commission[.]; operating expenses.  (a)  The duties of the commission under this part are to:

     (1)  Develop and adopt forms required by this part;

     (2)  Adopt and publish a manual for all candidates, candidate committees, and noncandidate committees, describing the requirements of this part, including uniform and simple methods of recordkeeping;

     (3)  Preserve all reports required by this part for at least ten years from the date of receipt by the commission;

     (4)  Permit the inspection, copying, or duplication of any report required by this part pursuant to rules adopted by the commission under chapter 91; provided that this paragraph shall not apply to the sale or use of information under section 11-344;

     (5)  Ascertain whether any person has failed to file a report required by this part or has filed a substantially defective or deficient report.  The commission shall notify the person by first class mail that a fine may be assessed for the failure to file or the filing of a substantially defective or deficient report, and the defective or deficient report shall be corrected and explained.  All fines collected under this section as authorized by sections 11-340 and 11‑410 shall be deposited in the general fund of the State;

     (6)  Hold public hearings;

     (7)  Investigate and hold hearings for receiving evidence of any violations pursuant to subpart I of this part;

     (8)  Adopt rules pursuant to chapter 91;

     (9)  Request the initiation of prosecution for the violation of this part pursuant to section 11-411;

    (10)  Administer and monitor the distribution of public funds under this part;

    (11)  Suggest accounting methods for candidates, candidate committees, or noncandidate committees in connection with reports and records required by this part;

    (12)  Employ or contract with, without regard to chapters 76, 78, and 89, persons it finds necessary for the performance of its functions, including a full-time executive director, and to fix their compensation; provided that the commission shall have the authority, at its discretion, to dismiss persons employed by or contracted with the commission;

    (13)  Conduct random audits and field investigations, as necessary; and

    (14)  File for injunctive relief when indicated.

     (b)  The operating expenses of the commission, including staff salaries and fringe benefits, shall be paid from general revenues of the state."

     SECTION 2.  Section 11-421, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Moneys in the fund shall be paid to candidates by the comptroller as prescribed in section 11-431 [and may be used for the commission's operating expenses, including staff salaries and fringe benefits]."

     SECTION 3.  There is appropriated out of the general revenues of the State of Hawaii the sum of $661,545 or so much thereof as may be necessary for fiscal year 2016-2017 for the campaign spending commission's operating expenses, including staff salaries and fringe benefits.

     The sum appropriated shall be expended by the campaign spending commission for the purposes of this Act.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2016.

 


 


 

Report Title:

Campaign Finance; Campaign Spending Commission; Operating Expenses; Appropriation

 

Description:

Replaces the Hawaii election campaign fund with the general revenues of the State as the funding source for the operating expenses of the campaign spending commission.  Appropriates moneys to the commission for operating expenses.  (SD1)

 

 

 

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