HOUSE OF REPRESENTATIVES
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO VIOLATIONS OF CAMPAIGN FINANCE LAW.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-410, Hawaii Revised Statutes, is amended as follows:
1. By amending subsection (a) to read:
"(a) The commission may make a decision or issue
an order affecting any person violating any provision of this part [
section 281-22] that may provide for the assessment of an administrative
fine as follows:
(1) If [
individual,] a person other than a person described in paragraph (2),
an amount not to exceed $1,000 for each occurrence or an amount [ equivalent]
not to exceed three times the amount of an unlawful contribution
or expenditure; or
(2) If a [
organization, association, or labor union,] noncandidate committee that
makes only independent expenditures and has either received at least one
contribution of more than $10,000 from any one person or has made expenditures
of more than $10,000 in the aggregate, in an election period, an amount not
to exceed [ $1,000] $5,000 for each occurrence[ ;] or an
amount not to exceed three times the amount of an unlawful contribution or
provided that whenever a corporation, organization, association, or labor union violates this part, the violation may be deemed to be also that of the individual directors, officers, or agents of the corporation, organization, association, or labor union, who have knowingly authorized, ordered, or done any of the acts constituting the violation."
2. By amending subsection (c) to read:
"(c) If an administrative fine is imposed upon a
,] or noncandidate committee, the commission may order
that the fine, or any portion[ ,] of the fine, be paid from the [ candidate's]
personal funds[ .] of the candidate or officers of the noncandidate
3. By amending subsection (h) to read:
"(h) This section shall not apply to any person who,
prior to] before the commencement of proceedings under this
section, has paid or agreed to pay the fines prescribed by sections 11-340 and
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 Statutory material to be repealed is bracketed and stricken.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 on July 1, 2112.
Campaign Spending Commission Package; Fines; Noncandidate Committees; Independent Expenditures
Increases the amount of the fine for campaign spending law violations that may be assessed against a noncandidate committee that makes only independent expenditures and that has received at least one contribution of more than $10,000, or spent more than $10,000, in an election period. Allows the campaign spending commission to order that the payment of a fine, or any portion thereof, assessed against a noncandidate committee be paid from the personal funds of an officer of the noncandidate committee. Effective 7/1/2112. (HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.