Report Title:
Campaign Contributions
Description:
Expands prohibition of campaign donations from persons who hold contracts with the government to include contractors who are recipients of grants or subsidies awarded under chapter 42F, Hawaii Revised Statutes. Extends prohibition period to begin at submission of a bid for a contract or application for a grant.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2651 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to campaign finance.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-205.5, Hawaii Revised Statutes, is amended to read as follows:
"§11-205.5 Campaign contributions by
state and county contractors[.] and applicants for and recipients
of grants and subsidies. (a) It shall be unlawful for the person who
enters into any contract with the State, any of its counties, or any department
or agency thereof, either for the rendition of personal services, the
buying of property, or the furnishing of any material, supplies,
or equipment to the State, any of its counties, or any department or
agency thereof, or for the selling of any land or building to the
State, any of its counties, or any department or agency thereof, if payment for
the performance of the contract or payment for the material, supplies,
equipment, land, property, or building is to be made in whole or in part from
funds appropriated by the legislative body, at any time between the [execution
of the contract] submission of a bid for a contract under chapter 103D
through the completion of the contract, to:
(1) Directly or indirectly make any contribution or to promise expressly or impliedly to make any contribution to any political party, committee, or candidate or to any person for any political purpose or use; or
(2) Knowingly solicit any contribution from any person for any purpose during any period.
(b) It shall be unlawful for any applicant for or recipient of a grant or subsidy administered under chapter 42F, at any time between the submission of the grant or subsidy application through the completion or expiration of the grant or subsidy award, to:
(1) Directly or indirectly make any contribution or to promise expressly or impliedly to make any contribution to any political party, committee, or candidate or to any person for any political purpose or use; or
(2) Knowingly solicit any contribution from any person for any purpose during any period.
[(b)] (c) This section does not
prohibit or make unlawful the establishment or administration of, or the
solicitation of contributions to, any separate segregated fund by any state or
national bank, corporation, or labor organization for the purpose of
influencing the nomination for election or the election of any person to office;
provided that the commission shall by rule establish contribution limits for
limited liability companies as defined in section 428-101, limited liability
partnerships as defined in section 425-101, and limited liability limited
partnerships as defined in section 425E-102. Sole proprietors subject to this
section shall comply with applicable campaign contribution limits in section
11-204.
[(c)] (d) For purposes of this
section, "completion of the contract" means that the parties to the
government contract have either terminated the contract prior to completion of
performance or fully performed the duties and obligations under the contract,
no disputes relating to the performance and payment remain under the contract,
and all disputed claims have been adjudicated and are final."
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.
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INTRODUCED BY: |
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