SB2214

SECTION 1. Section 11-355, Hawaii Revised Statutes, is amended to read as follows:

"[[]§11-355[]] Contributions by state [~~and~~] or county contractors, state or county grantees, officers or immediate family members of state or county contractors, officers or immediate family members of state or county grantees; 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 officer or immediate family member of any state or county contractor under subsection (a), at any time between the execution of the contract through the completion of the contract pursuant to subsection (a), to directly or indirectly make any contribution to any candidate committee or noncandidate committee.

(c) It shall be unlawful for any person who receives a grant or subsidy from the State pursuant to chapter 42F, or from a county pursuant to a county charter or code, at any time between the execution of the contract through the completion of the contract for the grant or subsidy to:

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

(d) It shall be unlawful for any officer or immediate family member of a state or county grantee under subsection (c), at any time between the execution of the contract through the completion of the contract for the grant or subsidy pursuant to subsection (c), to directly or indirectly make any contribution to any candidate committee or noncandidate committee.

(f) Any candidate, candidate committee, or noncandidate committee receiving a contribution made unlawful by this section shall return the unlawful contribution to the contributor within thirty calendar days of receipt. If any unlawful contribution is not returned to the contributor within thirty calendar days of receipt, the unlawful contribution shall escheat to the Hawaii election campaign fund.

[~~(c)~~] (g) 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. Section 11-364, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-357, 11-358, 11-359, or 11-360 shall return any excess contribution to the contributor within thirty calendar days of receipt of the excess contribution. Any candidate, candidate committee, or noncandidate committee that receives in the aggregate more than the applicable contribution limit in section 11-362 shall return any excess contribution to the contributor within thirty calendar days of the end of the election period; provided that the candidate, candidate committee, or noncandidate committee may choose which contributions to return. Any excess contribution not returned to the contributor within thirty calendar days shall escheat to the Hawaii election campaign fund."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________
	By Request

Report Title:

Campaign Spending Commission Package; State or County Contractors; State or County Grantees; Officers; Immediate Family Members; Prohibited Contributions

Description:

Prohibits state or county grantees, officers and immediate family members of state or county contractors, and officers and immediate family members of state or county grantees, from contributing to candidate committees or noncandidate committees for the duration of the contract. Requires candidates, candidate committees, or noncandidate committees to return any unlawful contribution to the contributor within 30 calendar days of receipt. Provides that if any unlawful contribution is not returned to the contributor within 30 calendar days, the unlawful contribution shall escheat to the Hawaii Election Campaign Fund.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

THE SENATE	S.B. NO.	2214
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII