Bill Text: HI SB665 | 2022 | Regular Session | Amended
Bill Title: Relating To Violations Of Campaign Finance Law.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Passed) 2022-06-27 - Act 181, on 06/27/2022 (Gov. Msg. No. 1282). [SB665 Detail]
Download: Hawaii-2022-SB665-Amended.html
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THE SENATE |
S.B. NO. |
665 |
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THIRTY-FIRST LEGISLATURE, 2021 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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C.D. 1 |
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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 by amending subsection (h) to read as follows:
"(h) [This section] Subsections (a)
through (f) 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 11-391(b)."
SECTION 2. Section 11-411, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-411[]] Criminal referral. [In lieu of] In addition to an administrative
determination that a violation of this part has been committed, the commission
may refer the complaint to the attorney general or county prosecutor at any
time [it] the commission believes the respondent may have
recklessly, knowingly, or intentionally committed a violation."
SECTION 3. Section 11-412, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-412[]] Criminal prosecution. (a) Any person who recklessly, knowingly, or
intentionally violates any provision of this part shall be guilty of a
misdemeanor[.], unless another criminal penalty is specified.
(b) Any person who knowingly or intentionally falsifies any report required by this part with the intent to circumvent the law or deceive the commission or who violates section 11-352 or 11-353 shall be guilty of a class C felony. A person charged with a class C felony shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.
(c) Any person who intentionally provides false
information concerning the name or address of the person paying for an
advertisement that is subject to the requirements of section 11-391 shall be
guilty of a class C felony.
[(c)] (d) A person who is convicted under this section
shall be disqualified from holding elective public office for a period of [four]
ten years from the date of conviction.
[(d)] (e) For purposes of prosecution for violation of
this part, the offices of the attorney general and the prosecuting attorney of the
respective counties shall be deemed to have concurrent jurisdiction to be
exercised as follows:
(1) Prosecution shall
commence with a written request from the commission [or], upon
the issuance of an order of the court[;], or upon the exercise of the
law enforcement authority of the attorney general or prosecuting attorney;
provided that prosecution may commence [prior to] before any
proceeding initiated by the commission or final determination;
(2) In the case of statewide offices, parties, or issues, the attorney general or the prosecuting attorney for the city and county of Honolulu shall prosecute any violation; and
(3) In the case of all other offices, parties, or issues, the attorney general or the prosecuting attorney for the respective county shall prosecute any violation.
[In] If prosecution is
commenced by a written request from the commission, the [commission's
choice of] commission, in choosing the prosecuting agency, [it]
shall be guided by whether any [conflicting] conflict of interest
exists between the agency and its appointive authority.
[(e)] (f) The court shall give priority to the
expeditious processing of prosecutions under this section.
[(f)] (g) Prosecution for violations of this part shall
not commence after five years have elapsed from the date of the violation or
date of filing of the report covering the period in which the violation
occurred, whichever is later.
[(g) This section shall not apply to any person
who, prior to the commencement of proceedings under this section, has paid or
agreed to pay the fines prescribed by sections 11-340 and 11‑391(b).]"
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
Report Title:
Campaign Spending; Advertisements; False Information; Enforcement; Criminal Penalties
Description:
Makes intentionally providing false information concerning the name or address of a person paying for a campaign advertisement a class C felony. Authorizes criminal prosecution for campaign finance law violations in addition to criminal fines. Increases the period during which a person convicted for a criminal violation of campaign finance law is disqualified from holding elective office. Authorizes the Attorney General or Prosecuting Attorney to commence prosecution of campaign finance law violations. (CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
