STAND. COM. REP. NO. 84
RE: H.B. No. 97
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 97 entitled:
"A BILL FOR AN ACT RELATING TO PRELIMINARY DETERMINATION OF PROBABLE CAUSE,"
begs leave to report as follows:
(1) Require the Campaign Spending Commission to serve preliminary determinations of probable cause via first-class mail, instead of certified mail; and
(2) Establish a presumption of receipt when the preliminary determination is mailed to the address contained in a candidate or committee organizational report.
Your Committee finds that this measure implements one of the recommendations made by the Commission to Improve Standards of Conduct established by the House of Representatives in House Resolution No. 9, Regular Session of 2022. This measure would facilitate the Campaign Spending Commission's ability to resolve matters involving violations of campaign spending laws.
Your Committee has amended this measure by:
(1) Requiring the Campaign Spending Commission to also serve preliminary determinations of probable cause via electronic mail;
(2) Amending the time period for the presumption of receipt to five business days after the preliminary determination is mailed, instead of two business days after the preliminary determination is mailed; and
(3) Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.
As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 97, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 97, H.D. 1, and be placed on the calendar for Third Reading.
Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,
DAVID A. TARNAS, Chair