STAND. COM. REP. NO. 2932

 

Honolulu, Hawaii

                   

 

RE:     S.B. No. 2145

        S.D. 1

 

 

 

Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2020

State of Hawaii

 

Sir:

 

     Your Committee on Judiciary, to which was referred S.B. No. 2145 entitled:

 

"A BILL FOR AN ACT RELATING TO ORDERS OF THE CAMPAIGN SPENDING COMMISSION,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to:

 

     (1)  Provide that the right to a contested case hearing is deemed waived if a person does not request a hearing within twenty days of receipt of the Campaign Spending Commission's preliminary determination; and

 

     (2)  Permit an order of the Campaign Spending Commission to be confirmed as a judgment in the Circuit Court, giving the order the same force and effect as any other judgment issued by the Circuit Courts; provided that there shall be no appeal from the judgment.

 

     Your Committee received testimony in support of this measure from the Campaign Spending Commission, Common Cause Hawaii, and two individuals.  Your Committee received comments on this measure from the Department of the Attorney General and one individual.

 

     Your Committee finds that orders of the Campaign Spending Commission should have the same force and effect as any other judgment issued by the Circuit Courts.  Furthermore, your Committee finds that requiring a person to request a hearing within twenty days of receipt of the preliminary determination, or otherwise waive the right to a contested case hearing, is unreasonable; therefore, your Committee believes that this time period should be extended to thirty days.

 

     Your Committee has amended this measure by:

 

     (1)  Extending the deadline for requesting a contested case hearing after a preliminary determination of probable cause by the Campaign Spending Commission from within twenty days to within thirty days of receipt of the preliminary determination; and

 

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2145, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2145, S.D. 1, and be placed on the calendar for Third Reading.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

 

 

________________________________

KARL RHOADS, Chair