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THE SENATE |
S.B. NO. |
1188 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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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, applicants
for and recipients of grants and subsidies, and their family members 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
furnishing of any material, supplies, or equipment to the State, any of the
counties, any department or agency thereof, or for selling 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 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.
(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.
(d) It shall be unlawful for any immediate family
member of a contractor, subcontractor, contract bidder, or applicant for or
recipient of a grant or subsidy administered under chapter 42F 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)]
(e) Except as provided in [subsection]
subsections (a), (b), (c), and (d), 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,
applicant for or recipient of grants and subsidies administered under chapter
42F, or their family member for the purpose of influencing the nomination
for election, or the election of any person to office.
[(c)]
(f) For purposes of this section[,
"completion]:
"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.
"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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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 and their family members from making campaign contributions. 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.