HOUSE OF REPRESENTATIVES |
H.B. NO. |
96 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to contributions by state and county contractors and grantees of the state.
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,
and grantees of the State; 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 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 for any person who receives
a grant or subsidy from the State pursuant to chapter 42F, at any time between
the execution of the contract for the grant or subsidy 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.
(c) During the contract period
wherein a state or county contractor, or grantee of the State, shall not make a
contribution, the officers and employees of any state or county contractor, or
grantee of the State, and their immediate family members, are prohibited from
directly or indirectly making any contribution to a candidate committee or
noncandidate committee.
[(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, or grantee of
the State, or their officers, employees, and immediate family members, 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."
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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By Request |
Report Title:
Hawaii Campaign Spending Commission Package; State and County Contractors; Grantees, Chapter 42F; Prohibited Contributions
Description:
Extends the ban on campaign contributions from state and county contractors to grantees of the State under Chapter 42F, Hawaii Revised Statutes, and to the owners, officers, employees and immediate family of the government contractor or state grantee.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.