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. Includes in the prohibition certain persons and lobbyists of an entity making a campaign contribution.
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THE SENATE |
S.B. NO. |
1172 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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"]:
"Applicant", "recipient" or "person", includes members of boards of directors and officers of an entity making or soliciting a campaign contribution, or any lobbyist acting on their behalf.
"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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