Report Title:
Prohibited political activities
Description:
Prohibits certain political activities, including solicitation of contribution of money or things of value from any public officer or employee for any political purpose. (HB2672 HD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2672 |
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TWENTY-FIRST LEGISLATURE, 2002 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to fundraising activities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§11- Other prohibited activities. (a) It shall be unlawful for any candidate for election to any public office or for any public officer or employee, any portion of whose compensation is paid by the State or any county directly or indirectly, to solicit or assess any contribution or assessment for any political purpose whatever from any public officer or employee.
(b) No person shall, in any room or building occupied in the discharge of official duties by any public officer or employee, solicit in any manner whatever or receive any contribution of money or other things of value from any public officer or employee for any political purpose whatever.
(c) No public officer or employee shall discharge, promote, or demote or in any manner change the status or compensation of any other public officer or employee or promise or threaten to do so for giving, withholding, or neglecting to make any contribution of money or other things of value for any political purpose whatever.
(d) No public officer or employee shall directly or indirectly hand over to any other officer or employee any money or other things of value on account of or to be applied to the promotion of any political object whatever.
(e) No public officer or employee shall discharge, promote, or demote or in any manner change the status or compensation of any other public officer or employee or promise or threaten to do so because of the political or religious actions or beliefs of the other officer or employee, for the failure of the other officer or employee to take any political action for any political purpose whatever, or to advocate or fail to advocate the candidacy of any person seeking an elective office.
(f) For purposes of this section, "public officer or employee" means any person holding a position in the service of a jurisdiction, including elected public officers irrespective of status or type of appointment, and is not limited to members of the civil service."
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- , 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- shall be:
(1) Guilty of a misdemeanor;
(2) Subject to a fine of $ 1,000; and
(3) Prohibited 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.