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THE SENATE |
S.B. NO. |
73 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Campaign contributions.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 11-355, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-355[]] Contributions by state and county
contractors, subcontractors, contract bidders, and applicants for and
recipients of grants and subsidies prohibited. (a) It shall be
unlawful for any person who enters into any contract with the State, any of the
counties, or any department or agency thereof, or any person who is
subcontracted under that contract, 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 the counties, any department or agency
thereof, or for the selling of any land or building to the State, any of the
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
through the completion of the contract, to:
(1) Directly or indirectly make any contribution, or promise expressly or impliedly to make any contribution to any candidate committee or noncandidate committee, or to any 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, from the time a solicitation is issued under section 103D-302, 103D-304, 103D-305, 103D-306, or 103D‑307 until a contract is entered into, for a person who submits an offer for a solicitation 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.
(c) It shall be unlawful for any applicant for or recipient of any 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 to or 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)] (d) Except as provided in [subsection]
subsections (a), (b), and (c), this section does not prohibit or
make unlawful the establishment or administration of, or the solicitation of
contributions to, any noncandidate committee by any person other than the state
or county contractor, subcontractor, contract bidder, or applicant for or
recipient of grants and subsidies for the purpose of influencing the
nomination for election, or the election of any person to office.
[(c)] (e) 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. Additionally, for
purposes of this section, the terms "applicant", "recipient"
and "person" include members of boards of directors and officers of
an entity making or soliciting a campaign contribution, or any lobbyist acting
on their behalf."
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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Report Title:
Campaign Contributions; State Contracts
Description:
Prohibits persons soliciting a state contract or applicants for or recipients of state grants or subsidies awarded under chapter 42F from making campaign contributions and also includes subcontractors to a state contract in the prohibition of campaign contributions to a political party, committee, or candidate.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.