THE SENATE

S.B. NO.

202

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to preliminary determination of probable cause.

 

 

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

 


     SECTION 1.  Section 11-405, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Upon hearing the response, if the respondent explains or otherwise responds to the complaint, and upon completion of any investigation, the commission may make a prompt preliminary determination as to whether probable cause exists that a violation of this part has been committed.  The preliminary determination with findings of fact and conclusions of law shall be served upon the respondent by [certified mail.] first-class mail.  If respondent is a candidate, candidate committee or noncandidate committee, and the preliminary determination is mailed to the address contained in the organizational report of the candidate or committee, there is a presumption that the candidate or committee received the preliminary determination within two business days of being mailed."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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:

_____________________________

 

By Request



 

Report Title:

Hawaii Campaign Spending Commission Package; Preliminary Determination; Order; Method of Service

 

Description:

Provides for the service of the commission's preliminary determination of probable cause via first-class mail.

 

 

 

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