Hawaii 2023 Regular Session

Hawaii Senate Bill SB196

Introduced
1/19/23  

Caption

Relating To Orders Of The Campaign Spending Commission.

Impact

The proposed amendments will ultimately enhance the authority and efficiency of the Campaign Spending Commission by enabling it to issue administrative orders that can be enforced as civil judgments in the First Circuit Court. This means that if an individual does not comply with a Commission order, the Commission can seek judicial enforcement of the order, thus reinforcing the commission's role in overseeing and regulating campaign finance. The bill's enforcement mechanism aims to ensure compliance and accountability among political candidates and their spending behaviors.

Summary

Senate Bill 196 (SB196) focuses on the operations of the Hawaii Campaign Spending Commission, particularly regarding the process of enforcing orders related to campaign spending violations. The bill amends existing law, specifically Section 11-410 of the Hawaii Revised Statutes, to refine the procedures for assessing administrative fines against individuals. It stipulates that individuals will waive their right to a contested case hearing if they fail to request one within twenty days of receiving a preliminary determination from the Commission, thereby streamlining the enforcement process.

Contention

Some notable points of contention surrounding this bill involve concerns over the potential for undermining individuals' rights to contest administrative decisions. Critics may argue that the twenty-day window for requesting a hearing is insufficient and could prevent fair representation for those accused of violations. The implications of waiving rights to a contested hearing could lead to criticisms regarding due process, raising questions about whether the changes might disproportionately affect individuals who lack the resources or knowledge to navigate the complexities of campaign finance law.

Companion Bills

HI HB91

Same As Relating To Orders Of The Campaign Spending Commission.

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