HB2672

Report Title:

Fundraisers on state property.

Description:

Prohibits fundraising activities on State property.

HOUSE OF REPRESENTATIVES	H.B. NO.	2672
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to fundraising activities.

 

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

SECTION 1. Section 11-203, Hawaii Revised Statutes, is amended to read as follows:

"§11-203 Fundraisers and fundraising activities. (a) As used in this section, "fundraiser" means any function held for the benefit of a person that is intended or designed, directly or indirectly, to raise funds for political purposes for which the price or suggested contribution for attending the function is more than $25 per person.

(b) There shall be no more than two fundraisers held for a person prior to a general or special election in which that person is either elected or defeated.

(c) No fundraiser or fundraising activity shall be held unless a notice of intent to hold the function is filed by the person in charge of the function with the commission prior to the date of the function setting forth the name and address of the person in charge, the price per person, the date, hour, and place of the affair and the method thereof.

(d) Fundraisers sponsored by a candidate for a statewide office are exempt from the $25 limit of subsection (a) and the restrictions of subsection (b), and fundraisers sponsored by a party for a political purpose for the general benefit of the party are exempt from the restrictions of subsection (b).

(e) There shall be no political fundraisers or fundraising activities on any state government property, including the Hawaii State Capitol, except for the following:

(1) Voluntary, non-profit, charitable fundraisers and fundraising activities; and

(2) Fundraisers by the governor at Washington Place are not permitted. However, phone calls, meetings, and small receptions that one would normally hold in private residence are acceptable."

SECTION 2. Section 11-228, Hawaii Revised Statutes, is amended to read as follows:

"§11-228 Administrative fines; relief. (a) In the performance of its required duties, the commission may render a decision or issue an order affecting any person violating any provision of this subpart, other than in section 11-203(e), that shall provide for the assessment of an administrative fine in the manner prescribed as follows:

(1) If a natural person, an amount not to exceed $1,000 for each occurrence or an amount equivalent to three times the amount of an unlawful contribution or expenditure, whichever is greater; or

(2) If a corporation, organization, association, or labor union, it shall be punished by a fine not exceeding $1,000 for each occurrence; and

(3) Whenever a corporation, organization, association, or labor union violates this subpart, the violation shall 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.

(b) Any person violating section 11-203(e) shall be guilty of a misdemeanor, and shall be subject to a fine of $ 1,000 and prohibition from holding elected office for two years.

[(b)] (c) Any order for the assessment of an administrative fine may not be issued against a person without providing the person written notice and an opportunity to be heard at a hearing conducted under chapter 91. A person may waive these rights by written stipulation or consent. If an administrative fine is imposed upon a candidate, the commission may order that the fine, or any portion, be paid from the candidate's personal funds.

[(c)] (d) If an order issued by the commission is not complied with by the person to whom it is directed, the first circuit court, upon application of the commission, shall issue an order requiring the person to comply with the commission's order. Failure to obey such a court order shall be punished as contempt.

[(d)] (e) Any administrative fine collected by the commission shall be deposited in the Hawaii election campaign fund.

[(e)] (f) Any person or the commission may sue for injunctive relief to compel compliance with this subpart.

[(f)] (g) The provisions of this section shall not be construed to prohibit prosecution under any appropriate provision of the Hawaii Penal Code or section 11-229.

[(g)] (h) The provisions of 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 penalties prescribed by sections 11-193(a)(5) and 11-215(c)."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

 

 

INTRODUCED BY:	_____________________________