REPORT TITLE:
Campaign Contributions



DESCRIPTION:
Amends campaign spending and disclosure laws to encompass
contributions with regard to ballot issues.  Provides that
organizations that raise or expend funds for purposes of
informational and educational advertising are not "committees"
subject to campaign contribution and expenditure laws.  Limits
contributions by a candidate's immediate family to $50,000.
Amends the dates on which preliminary reports must be filed with
the commission.  Repeals short form reporting.  Exempts
violators of campaign contribution and expenditure laws from
administrative fines and criminal prosecution upon payment of
penalties imposed by the commission.  (SB628 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO ELECTIONS.



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

 1      SECTION 1.  Section 11-191, Hawaii Revised Statutes, is
 
 2 amended as follows:
 
 3      1.  By adding a new definition to be appropriately inserted
 
 4 and to read:
 
 5      ""Ballot issue committee" means a committee as defined in
 
 6 this section that has the exclusive purpose of making or
 
 7 accepting contributions or expenditures for or against any issue
 
 8 appearing on the ballot at the next applicable election."
 
 9      2.  By amending the definition of "committee" to read:
 
10      ""Committee" means:
 
11      (1)  Any organization, association, or individual that
 
12           accepts or makes a contribution or makes an expenditure
 
13           for or against any:
 
14           (A)  Candidate;
 
15           (B)  Individual who files for nomination at a later
 
16                date and becomes a candidate; [or]
 
17           (C)  Party; or
 
18           (D)  Question or issue appearing on the ballot;
 
19           with or without the authorization of the candidate,
 
20           individual, or party[.  In addition, the term
 

 
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 1           "committee" means any organization, association, or
 
 2           individual who accepts or makes a contribution or makes
 
 3           an expenditure for or against any question or issue
 
 4           appearing on the ballot at the next applicable
 
 5           election]; or
 
 6      (2)  Any organization, association, or individual that
 
 7           raises or holds money or anything of value for a
 
 8           political purpose, with or without the consent or
 
 9           knowledge of any:
 
10           (A)  Candidate;
 
11           (B)  Individual who files for nomination at a later
 
12                date and becomes a candidate; or
 
13           (C)  Party; 
 
14           and subsequently contributes money or anything of value
 
15           to, or makes expenditures on behalf of, the candidate,
 
16           individual, or party[;].
 
17      [(3)]  Notwithstanding any of the foregoing, the term
 
18 "committee" shall not include any individual making a
 
19 contribution or expenditure of the individual's own funds or
 
20 anything of value that the individual originally acquired for the
 
21 individual's own use and not for the purpose of evading any
 
22 provision of this subpart[; or
 
23      (4)  Any committee as defined in paragraph (1) that accepts
 

 
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 1           or makes contributions or makes expenditures in
 
 2           aggregate of more than $1,000 in an election to
 
 3           influence the nomination and election of individuals to
 
 4           public office or the outcome of ballot questions or
 
 5           issues, shall register with the commission and file
 
 6           reports as required by this chapter]."
 
 7      SECTION 2.  Section 11-194, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§11-194  Registration.(a)  Each candidate, committee, or
 
10 party shall file an organizational report as set forth in section
 
11 11-196[,] or [section] 11-196.5 as applicable[, within]:
 
12      (1)  Within ten days from the date a candidate or candidate
 
13           committee receives any contributions or makes any
 
14           expenditures[, the aggregate amount of which is more
 
15           than $100,] or[, within];
 
16      (2)  Within ten days from the date a noncandidate committee
 
17           receives any contributions or makes any expenditures,
 
18 the aggregate amount of which is more than $1,000.
 
19      (b)  Committees that form within ten days of an election and
 
20 expend in the aggregate more than $1,000 shall register and fully
 
21 disclose the expenditure by 4:30 p.m. on the last calendar day
 
22 prior to the expenditure.
 
23      (c)  Each candidate who [is certified to be a candidate by]
 

 
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 1 files nomination papers for office with the chief election
 
 2 officer or county clerk [by way of the "write-in" ballot] shall
 
 3 file an organizational report within five days of [being
 
 4 certified as a candidate.] filing.
 
 5      [(d)  Each candidate shall re-register for the new election
 
 6 period.  A noncandidate committee need not re-register for a new
 
 7 election period, but shall affirm the accuracy of the information
 
 8 on the organizational report as set forth in section 11-196.5.]"
 
 9      SECTION 3.  Section 11-195, Hawaii Revised Statutes, is
 
10 amended by amending subsection (a) to read as follows:
 
11      "(a)  All reports required to be filed under this subpart by
 
12 a candidate or those committees directly associated with the
 
13 candidate's candidacy shall be certified by the candidate[.] and
 
14 campaign treasurer or deputy treasurer.  Reports required to be
 
15 filed under this subpart by a party or committee that supports
 
16 more than one candidate shall be certified by a person authorized
 
17 to sign the reports.  All reports required to be filed under this
 
18 subpart shall be open for public inspection in the office of the
 
19 commission."
 
20      SECTION 4.  Section 11-199, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§11-199  Campaign contributions, generally.(a)  All
 
23 monetary contributions shall be promptly deposited in a
 

 
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 1 depository institution, as defined by section 412:1-109, duly
 
 2 authorized to do business in the State, such as a bank, savings
 
 3 bank, savings and loan association, depository financial services
 
 4 loan company, credit union, intra-Pacific bank, or similar
 
 5 financial institution, the deposits or accounts of which are
 
 6 insured by the Federal Deposit Insurance Corporation, or the
 
 7 national credit union administration in the name of the
 
 8 candidate, committee, or party, whichever is applicable.
 
 9      (b)  Each candidate, committee, or party shall establish and
 
10 maintain [an]:
 
11      (1)  An itemized record showing the amount of each monetary
 
12           contribution[, the];
 
13      (2)  The description and value of each nonmonetary
 
14           contribution[,]; and [the]
 
15      (3)  The name and address of each donor making a
 
16           contribution of more than $25 in value.
 
17      [(c)  Each candidate and campaign treasurer shall report the
 
18 amount and date of deposit of each contribution and the name and
 
19 address of each donor who makes a contribution whose aggregate
 
20 value is more than $100.
 
21      (d)] (c)  No candidate, committee, or party shall accept a
 
22 contribution of more than $100 in cash from a single person
 
23 without issuing a receipt to the donor and keeping a record of
 

 
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 1 the transaction.
 
 2      [(e)] (d)  Each committee and party shall disclose [the]:
 
 3      (1)  The original source of all earmarked funds[, the];
 
 4      (2)  The ultimate recipient of the earmarked funds[,]; and
 
 5           [the]
 
 6      (3)  The fact that the funds are earmarked."
 
 7      SECTION 5.  Section 11-204, Hawaii Revised Statutes, is
 
 8 amended to read as follows:
 
 9      "§11-204  Campaign contributions; limits as to persons.(a)
 
10 No person or any other entity shall make contributions to:
 
11      (1)  A candidate seeking nomination or election to a two-
 
12           year office or to the candidate's committee in an
 
13           aggregate amount greater than $2,000 during an election
 
14           period; [and]
 
15      (2)  A candidate seeking nomination or election to a four-
 
16           year statewide office or to the candidate's committee
 
17           in an aggregate amount greater than $6,000 during an
 
18           election period; and
 
19      (3)  A candidate seeking nomination or election to a four-
 
20           year nonstatewide office or to the candidate's
 
21           committee in an aggregate amount greater than $4,000
 
22           during an election period. 
 
23      These limits shall not apply to a loan made to a candidate
 

 
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 1 by a financial institution in the ordinary course of business.
 
 2      (b)  No person or any other entity shall make contributions
 
 3 to a noncandidate committee, in an aggregate amount greater than
 
 4 $1,000 in an election; except that in the case of a corporation
 
 5 or company using funds from its own treasury, there shall be no
 
 6 limit on contributions or expenditures to the corporation or
 
 7 company noncandidate committee.
 
 8      (c)  A [candidate] candidate's immediate family in making [a
 
 9 contribution] contributions to the candidate's campaign shall be
 
10 exempt from the above limitation, but shall be limited in the
 
11 aggregate to $50,000 in any election period.  The aggregate
 
12 amount of $50,000 shall include any loans made for campaign
 
13 purposes to the candidate from the candidate's immediate family.
 
14      (d)  A contribution by a dependent minor shall be reported
 
15 in the name of the minor but shall be counted against the
 
16 contribution of the minor's parent or guardian.
 
17      (e)  Any candidate [or], candidate's committee, or committee
 
18 [who] that receives in the aggregate more than the applicable
 
19 limits set forth in this section in any primary, initial special,
 
20 special, or general election from a person, shall be required to
 
21 transfer an amount equal to any excess over the limits
 
22 established in this section to the Hawaii election campaign fund
 
23 within thirty days of receipt [by a candidate or candidate's
 

 
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 1 committee,] of the contribution, and in any event, no later than
 
 2 thirty days upon the receipt by a candidate [or], candidate's
 
 3 committee, or committee, of notification from the commission.  A
 
 4 candidate [or], candidate's committee, or committee [who] that
 
 5 complies with this subsection prior to the initiation of
 
 6 prosecution shall not be subject to any penalty under section
 
 7 11-228.
 
 8      (f)  All payments made by a person whose contributions or
 
 9 expenditure activity is financed, maintained, or controlled by
 
10 any corporation, labor organization, association, political
 
11 party, or any other person or committee, including any parent,
 
12 subsidiary, branch, division, department, or local unit of the
 
13 corporation, labor organization, association, political party, or
 
14 any other person, or by any group of those persons shall be
 
15 considered to be made by a single person.
 
16      (g)  A contribution made by two or more corporations shall
 
17 be treated as one person when such corporations:
 
18      (1)  Share the majority of members of their boards of
 
19           directors;
 
20      (2)  Share two or more corporate officers;
 
21      (3)  Are owned or controlled by the same majority
 
22           shareholder or shareholders; or
 
23      (4)  Are in a parent-subsidiary relationship.
 

 
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 1      (h)  An individual and any general partnership in which the
 
 2 individual is a partner, or an individual and any corporation in
 
 3 which the individual owns a controlling interest, shall be
 
 4 treated as one person.
 
 5      (i)  No committee which supports or opposes a candidate for
 
 6 public office shall have as officers individuals who serve as
 
 7 officers on any other committee which supports or opposes the
 
 8 same candidate.  No such committee shall act in concert with, or
 
 9 solicit or make contributions on behalf of, any other committee.
 
10      [(j)  No contributions may be made to a noncandidate
 
11 committee from a corporation or other organization unless the
 
12 noncandidate committee has been in existence continuously, as
 
13 shown on the records of the campaign spending commission, for at
 
14 least twelve months prior to the next primary election.
 
15      (k)] (j)  No contributions or expenditures shall be made to
 
16 or on behalf of a candidate or committee by a foreign national or
 
17 foreign corporation, including a domestic subsidiary of a foreign
 
18 corporation, a domestic corporation that is owned by a foreign
 
19 national, or a local subsidiary where administrative control is
 
20 retained by the foreign corporation, and in the same manner
 
21 prohibited under 2 United States Code section 441e and 11 Code of
 
22 Federal Regulations 110.4(a) and 110.9(a), as amended.  No
 
23 foreign-owned domestic corporation shall make contributions
 

 
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 1 where:
 
 2      (1)  Foreign national individuals participate in election-
 
 3           related activities such as decisions concerning the
 
 4           making of contributions or the administration of a
 
 5           political committee; or
 
 6      (2)  The contribution funds are not domestically-derived.
 
 7      [(l)] (k)  No person or any other entity shall make
 
 8 contributions to a political party in an aggregate amount greater
 
 9 than $50,000 in any two-year election period. 
 
10      (l)  Except for subsection (j), this section shall not apply
 
11 to ballot issue committees."
 
12      SECTION 6.  Section 11-207, Hawaii Revised Statutes, is
 
13 amended by amending subsection (b) to read as follows:
 
14      "(b)  No funds shall be withdrawn or paid from a campaign
 
15 depository except upon the written authorization of the campaign
 
16 treasurer[.] or deputy treasurer."
 
17      SECTION 7.  Section 11-212, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "§11-212  Preliminary reports.(a)  [Each candidate,
 
20 authorized person in the case of a party, or campaign treasurer
 
21 in the case of candidate committee,]  The candidate committee of
 
22 each candidate whose name will appear on the ballot in the next
 
23 election shall file a preliminary report with the commission or
 

 
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 1 appropriate county clerk's office[,].  Preliminary reports shall
 
 2 be filed on forms provided by the commission no later than 4:30
 
 3 p.m. on the [twenty-fifth and tenth calendar day prior to each
 
 4 primary and initial special election, and the tenth calendar day
 
 5 prior to a special or general election.] following dates:
 
 6      (1)  July 30 of the year of the primary election;
 
 7      (2)  Ten calendar days prior to each primary election;
 
 8      (3)  Ten calendar days prior to each initial special
 
 9           election;
 
10      (4)  Ten calendar days prior to a special election; and
 
11      (5)  Ten calendar days prior to a general election.
 
12      (b)  Each report shall be certified pursuant to section
 
13 11-195 and shall contain the following information which shall be
 
14 current through the [fifth] thirtieth calendar day prior to the
 
15 filing of [a preliminary report:] the report filed on the
 
16 thirtieth of July and the fifth calendar day prior to the filing
 
17 of other preliminary reports:
 
18      (1)  The aggregate sum of all contributions and other
 
19           campaign receipts received;
 
20      (2)  The amount and date of deposit of the contribution and
 
21           the name and address of each donor who contributes an
 
22           aggregate of more than $100 during an election period,
 
23           which has not previously been reported;
 
24      (3)  The amount and date of deposit of each contribution and
 

 
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 1           the name, address, employer, and occupation of each
 
 2           donor who contributes an aggregate of $1,000 or more
 
 3           during an election period, which has not previously
 
 4           been reported;
 
 5      (4)  All expenditures made, incurred, or authorized by or
 
 6           for a candidate, including the name and address of each
 
 7           payee and the amount, date, and purpose of each
 
 8           expenditure; and
 
 9      (5)  A current statement of the balance on hand or deficit.
 
10      [(b)] (c)  Each noncandidate committee shall file a
 
11 preliminary report with the commission, on forms provided by the
 
12 commission, no later than 4:30 p.m. on the tenth calendar day
 
13 prior to each primary election and the tenth calendar day prior
 
14 to a special or general election.  Each report shall be certified
 
15 pursuant to section 11-195 and shall contain the following
 
16 information, which shall be current through the fifth calendar
 
17 day prior to the filing of a preliminary report:
 
18      (1)  The aggregate sum of all contributions and other
 
19           campaign receipts received;
 
20      (2)  The amount and date of deposit of the contribution and
 
21           the name, address, employer, and occupation of each
 
22           donor who contributes an aggregate of $100 or more
 
23           during an election period, which has not previously
 

 
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 1           been reported;
 
 2      (3)  The amount and date of each disbursement or
 
 3           contribution made to a candidate, party, organization,
 
 4           or committee, including the name and address of each
 
 5           payee, which has not previously been reported;
 
 6      (4)  The amount and date of each expenditure made or
 
 7           incurred by the committee for or against any candidate,
 
 8           ballot issue, or on behalf of another committee, which
 
 9           has not previously been reported; and
 
10      (5)  A current statement of the balance on hand.
 
11      [(c)] (d)  A candidate, party, or committee whose aggregate
 
12 contributions [or] and aggregate expenditures for the reporting
 
13 period each total $2,000 or less, may file a short form report
 
14 with the commission or appropriate county clerk's office in lieu
 
15 of the reports required by this section and section 11-213.
 
16      [(d)] (e)  Notwithstanding this section and section 11-213,
 
17 a candidate, party, or committee whose aggregate contributions
 
18 [or] and aggregate expenditures for the election period each
 
19 total $1,000 or less, need not file a preliminary and final
 
20 primary report, a preliminary and final general report, or a
 
21 special election report, but shall file only a final election
 
22 period report."
 
23      SECTION 8.  Section 11-213, Hawaii Revised Statutes, is
 

 
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 1 amended to read as follows:
 
 2      "§11-213  Final and supplemental reports.(a)  Primary and
 
 3 initial special election.  Each candidate whether or not
 
 4 successful in a primary or initial special election, authorized
 
 5 person in the case of a party, or campaign treasurer in the case
 
 6 of a committee, shall file a final primary report certified
 
 7 pursuant to section 11-195 with the commission on forms provided
 
 8 by the commission no later than 4:30 p.m. on the twentieth
 
 9 calendar day after a primary or initial special election.  The
 
10 report shall include the following information which shall be
 
11 current through the day of the primary election:
 
12      (1)  A statement of the total contributions and campaign
 
13           receipts received;
 
14      (2)  The amount and date of deposit of each contribution and
 
15           the name and address of each donor who contributes an
 
16           aggregate of more than $100 during an election period,
 
17           which has not previously been reported;
 
18      (3)  The amount and date of deposit of each contribution and
 
19           the name, address, employer, and occupation of each
 
20           donor who contributes an aggregate of $1,000 or more
 
21           during an election period, which has not previously
 
22           been reported;
 
23      (4)  A statement of all expenditures made, incurred, or
 

 
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 1           authorized by or for a candidate including the name and
 
 2           address of each payee and the amount, date, and purpose
 
 3           of each expenditure; and
 
 4      (5)  The cash balance and a statement of surplus or deficit.
 
 5      (b)  Each noncandidate committee shall file a final primary
 
 6 report, certified pursuant to section 11-195, with the commission
 
 7 on forms provided by the commission no later than 4:30 p.m. on
 
 8 the twentieth calendar day after a primary election.  The report
 
 9 shall include the following information, which shall be current
 
10 through the day of the primary election:
 
11      (1)  A statement of the total contributions and campaign
 
12           receipts received;
 
13      (2)  The amount and date of deposit of each contribution and
 
14           the name, address, employer, and occupation of each
 
15           donor who contributes an aggregate of more than $100
 
16           during an election, which has not previously been
 
17           reported;
 
18      (3)  The amount and date of each disbursement or
 
19           contribution made to a candidate, party, organization,
 
20           or committee, including the name and address of each
 
21           payee, which has not previously been reported;
 
22      (4)  The amount and date of each expenditure made or
 
23           incurred by the committee for or against any candidate,
 

 
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 1           ballot issue, or on behalf of another committee, which
 
 2           has not previously been reported; and
 
 3      (5)  A current statement of the balance on hand.
 
 4      (c)  General, special general, special election or election
 
 5 period.  Each candidate, authorized person in the case of a
 
 6 party, or campaign treasurer in the case of a committee shall
 
 7 file a final election period general report with the commission
 
 8 on forms provided by the commission no later than 4:30 p.m. on
 
 9 the thirtieth calendar day after a general, special general, or
 
10 special election.  The final election period report shall be
 
11 certified pursuant to section 11-195, shall report all items
 
12 prescribed in subsection (a) or (b) for noncandidate committees,
 
13 and shall be current through the day of the general election.  A
 
14 candidate who is unsuccessful in a primary or special primary
 
15 election shall file a final election period report.
 
16      (d)  Termination.  A candidate, party, or committee may
 
17 terminate registration with the commission with no surplus or no
 
18 deficit.  A termination report approved by the commission shall
 
19 include information on the disposition of any funds, which has
 
20 not previously been reported.
 
21      (e)  Deficit.  In the event of a deficit the candidate,
 
22 authorized person in the case of a party, or campaign treasurer
 
23 in the case of a committee shall, every six months until the
 

 
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 1 deficit is eliminated, file supplemental reports covering all
 
 2 items prescribed in subsection (a), or subsection (b) in the case
 
 3 of noncandidate committees.  The first report shall be due no
 
 4 later than 4:30 p.m. on the thirtieth day after the last day of
 
 5 the election year.
 
 6      (f)  Surplus.  In the event of a surplus the candidate,
 
 7 authorized person in the case of a party, or campaign treasurer
 
 8 in the case of a committee, shall:
 
 9      (1)  Maintain the cash surplus in a financial depository;
 
10           and
 
11      (2)  Every six months, until the candidate files to be on
 
12           the ballot with the state office of elections, or in
 
13           the case of a party or committee until they participate
 
14           in an election again, file supplemental reports
 
15           detailing all items prescribed in subsection (a) or in
 
16           the case of a noncandidate committee until they
 
17           participate in an election again, or file supplemental
 
18           reports detailing all items prescribed in subsection
 
19           (b).
 
20      The first report shall be due not later than 4:30 p.m. on
 
21 the thirtieth calendar day after the last day of the election
 
22 year.
 
23      [(g)  Short form reporting.  A candidate, party, or
 

 
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 1 committee who receives no contributions, makes no expenditures,
 
 2 and has a deficit or surplus of $2,000 or less in any prescribed
 
 3 reporting period shall nevertheless file preliminary, final, and
 
 4 supplemental reports on the respective dates pursuant to this
 
 5 subpart.  The reports may be filed on a short form as provided by
 
 6 the commission.
 
 7      (h)] (g)  All supplemental reports required by this section
 
 8 shall be filed until a candidate files to be on the ballot with
 
 9 the state elections office.  Each party or noncandidate committee
 
10 shall file a supplemental report for the respective reporting
 
11 period during a nonelection year.  In an election year, each
 
12 party and noncandidate committee shall file reports as prescribed
 
13 in this section and section 11-212 for the primary and general
 
14 election."
 
15      SECTION 9.  Section 11-215, Hawaii Revised Statutes, is
 
16 amended by amending subsections (a) and (b) to read as follows:
 
17      "(a)  [To the extent authorized by law, all] All
 
18 advertisements [authorized by a candidate or a candidate's
 
19 committee] shall contain the name and address of the candidate,
 
20 committee, [or] party, or person paying for the advertisement.
 
21 If an advertisement is not authorized by a candidate or a
 
22 candidate's committee, the advertisement shall contain the name
 
23 and address of the person paying for the advertisement.
 

 
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 1      (b)  In addition to subsection (a), [and to the extent
 
 2 authorized by law,] no [person] candidate or committee shall
 
 3 cause or submit any advertisement in support of a candidate [or],
 
 4 against a candidate's opponent, or with regard to a ballot issue,
 
 5 to be published, broadcast, televised, or otherwise circulated
 
 6 and distributed except under the following conditions:
 
 7      (1)  The advertisement shall contain a notice in a prominent
 
 8           location that the literature or advertisement is
 
 9           published, broadcast, televised, or circulated with the
 
10           approval and authority of the candidate[,]; provided
 
11           that in the event that the literature or advertisement
 
12           is paid for by a [candidate or] candidate's committee
 
13           [directly associated with a candidate,] or ballot issue
 
14           committee, the notice of approval and authority need
 
15           not be included; or
 
16      (2)  The advertisement shall contain a notice in a prominent
 
17           location that the literature or advertisement is
 
18           published, broadcast, televised, or circulated without
 
19           the approval and authority of the candidate."
 
20      SECTION 10. Section 11-228, Hawaii Revised Statutes, is
 
21 amended to read as follows:
 
22      "§11-228  Administrative fines; relief.(a)  In the
 
23 performance of its required duties, the commission may render a
 

 
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 1 decision or issue an order affecting any person violating any
 
 2 provision of this subpart [other than in sections 11-193(a)(5)
 
 3 and 11-215,] that shall provide for the assessment of an
 
 4 administrative fine in the manner prescribed as follows:
 
 5      (1)  If a natural person, an amount not to exceed $1,000 for
 
 6           each occurrence or an amount equivalent to three times
 
 7           the amount of an unlawful contribution or expenditure,
 
 8           whichever is greater; or
 
 9      (2)  If a corporation, organization, association, or labor
 
10           union, it shall be punished by a fine not exceeding
 
11           $1,000 for each occurrence; and
 
12      (3)  Whenever a corporation, organization, association, or
 
13           labor union violates this subpart, the violation shall
 
14           be deemed to be also that of the individual directors,
 
15           officers, or agents of the corporation, organization,
 
16           association, or labor union, who have knowingly
 
17           authorized, ordered, or done any of the acts
 
18           constituting the violation.
 
19      (b)  Any order for the assessment of an administrative fine
 
20 may not be issued against a person without providing the person
 
21 written notice and an opportunity to be heard at a hearing
 
22 conducted under chapter 91.  A person may waive these rights by
 
23 written stipulation or consent.  If an administrative fine is
 

 
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 1 imposed upon a candidate, the commission may order that the fine,
 
 2 or any portion, be paid from the candidate's personal funds.
 
 3      (c)  If an order issued by the commission is not complied
 
 4 with by the person to whom it is directed, the first circuit
 
 5 court, upon application of the commission, shall issue an order
 
 6 requiring the person to comply with the commission's order.
 
 7 Failure to obey such a court order shall be punished as contempt.
 
 8      (d)  Any administrative fine collected by the commission
 
 9 shall be deposited in the Hawaii election campaign fund.
 
10      (e)  Any person or the commission may sue for injunctive
 
11 relief to compel compliance with this subpart.
 
12      (f)  The provisions of this section shall not be construed
 
13 to prohibit prosecution under any appropriate provision of the
 
14 Hawaii Penal Code or section 11-229.
 
15      (g)  The provisions of this section shall not apply to any
 
16 person who has, prior to the commencement of proceedings under
 
17 this section, paid or agreed to pay the penalties prescribed by
 
18 sections 11-193(a)(5) and 11-215(c)."
 
19      SECTION 11.  Section 11-229, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§11-229  Criminal prosecution.(a)  Any [individual]
 
22 person who knowingly, intentionally, or recklessly violates any
 
23 provision of this subpart[, other than sections 11-193(a)(5) and
 
24 11-215,] shall be guilty of a misdemeanor.  A person who is
 

 
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 1 convicted under this section shall be disqualified from holding
 
 2 elective public office for a period of four years from the date
 
 3 of conviction.
 
 4      (b)  For purposes of prosecution for violation of this
 
 5 subpart, the offices of the attorney general and the prosecuting
 
 6 attorney of the respective counties shall be deemed to have
 
 7 concurrent jurisdiction to be exercised as follows:
 
 8      (1)  Prosecution shall commence with a written request from
 
 9           the commission or upon the issuance of an order of the
 
10           court; provided that prosecution may commence prior to
 
11           any proceeding initiated by the commission or final
 
12           determination;
 
13      (2)  In the case of state offices, parties, or issues, the
 
14           attorney general or the prosecuting attorney for the
 
15           city and county of Honolulu shall prosecute any
 
16           violation; and
 
17      (3)  In the case of all other offices, parties, or issues,
 
18           the attorney general or the prosecuting attorney for
 
19           the respective county shall prosecute any violation.
 
20      In the commission's choice of prosecuting agency, it shall
 
21 be guided by whether there will be any conflicting interest
 
22 between the agency and its appointive authority.
 
23      (c)  The court shall give priority to the expeditious
 

 
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 1 processing of suits under this section.
 
 2      (d)  Prosecution for violation of any provision of this
 
 3 subpart shall not be commenced after five years have elapsed from
 
 4 the date of the violation or date of filing of the report
 
 5 covering the period in which the violation occurred, whichever is
 
 6 later. 
 
 7      (e)  The provisions of this section shall not apply to any
 
 8 person who has, prior to the commencement of proceedings under
 
 9 this section, paid or agreed to pay the penalties prescribed by
 
10 sections 11-193(a)(5) and 11-215(c)."
 
11      SECTION 12.  Act 27, Special Session Laws of Hawaii 1995, is
 
12 amended by amending section 15 to read as follows:
 
13      "SECTION 15.  This Act shall take effect on July 1, 1995;
 
14 provided that on June 30, 1999, this Act shall be repealed and
 
15 sections 11-1, 11-2, 11-5, [11-191, 11-193, 11-194, 11-195,
 
16 11-216,] 12-8, and 26-1, Hawaii Revised Statutes, shall be
 
17 reenacted in the form in which they read on the day before the
 
18 effective date of this Act."
 
19      SECTION 13.  Statutory material to be repealed is bracketed.
 
20 New statutory material is underscored.
 
21      SECTION 14.  This Act shall take effect on June 29, 1999.