Bill Text: HI SB1172 | 2010 | Regular Session | Introduced


Bill Title: Campaign Contributions

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1172 Detail]

Download: Hawaii-2010-SB1172-Introduced.html

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.

 


THE SENATE

S.B. NO.

1172

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

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.

 

INTRODUCED BY:

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