HOUSE OF REPRESENTATIVES

H.B. NO.

443

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

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, and contract bidders 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.

     (b)  It shall be unlawful, from the time a solicitation for bids is issued under sections 103D-302, 103D-304, 103D-305, 103D-306, or 103D-307 until a contract is entered into, for a person who submits an offer in response to a solicitation to:

     (1)  Directly or indirectly make any contribution, or promise expressly or impliedly to make any contribution, to any candidate committee or noncandidate committee, candidate, or person for any political purpose or use; or

     (2)  Knowingly solicit any contribution from any person for any purpose during any period.

     [(b)] (c)  Except as provided in subsection (a), 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 for the purpose of influencing the nomination for election, or the election of any person to office.

     [(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.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Campaign Contributions; Government Contracts

 

Description:

Prohibits a person submitting an offer for a government contract solicitation from making campaign contributions.  Includes subcontractors to a government contract in the prohibition of campaign contributions.

 

 

 

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