Report Title:

Campaign Finance and Elections Reform

Description:

Restores integrity in elections by prohibiting a person from soliciting or receiving campaign donations on government property; and prohibiting any government contractor from making a contribution during the period from 12 months prior to the notice of contract availability of commencement of negotiations, whichever is earlier, to 24 months after completion of performance or termination.

HOUSE OF REPRESENTATIVES

H.B. NO.

284

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ELECTIONS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that reforms are needed to reduce candidates' reliance upon contributions which restore the public's confidence in the integrity of the election itself.

Accordingly, this Act amends Hawaii's campaign spending laws to:

(1) Prohibit fundraising in buildings being used for state or county purposes; and

(2) Prohibit contributions by government contractors.

SECTION 2. Part XII, subpart B of chapter 11, Hawaii Revised Statutes, is amended by adding one new section to be appropriately designated and to read as follows:

"§11-    Prohibition of fundraising on state or county property. (a) Except as provided in subsection (b), it shall be unlawful for any person to solicit or receive a donation of money or other thing of value in connection with an election campaign in a room, building, or other facility used in the discharge of official duties by an officer or employee of the state or a county.

(b) The provisions of subsection (a) shall not apply to any government facility which is available for use as a rental or with a reservation to nongovernmental organizations. These government facilities may be used by any candidate or committee for fundraising activities pursuant to the same terms and conditions which would otherwise apply to nongovernmental organizations.

(c) A person who violates this section shall be fined not more than $5,000, or imprisoned for not more than three years, or both."

SECTION 3. Section 11-205.5, Hawaii Revised Statutes, is amended to read as follows:

"§11-205.5 Campaign contributions by state and county contractors. [(a) Any person making a contribution to any candidate, committee, or political party, and who has received, in any calendar year, $50,000 or more through contracts from the State, or county shall register and report that fact to the commission within thirty days of the date of the contribution or within thirty days of the date of the contract, whichever occurs later; provided that this section shall not apply to a person who has received $50,000 or more through a grant, subsidy, or purchase of service agreement under chapter 42F or 103F.

(b) The commission shall prescribe forms and procedures for the reporting required in subsection (a), which, at a minimum, shall require the following information:

(1) The name and address of the person making the contribution;

(2) The name of the candidate, committee, or political party receiving the contribution;

(3) The amount of money received from the State or county, the dates, and information identifying each contract and describing the service performed or goods provided; and

(4) If an entity is making the contribution, the names and business addresses of the principals, including officers and directors.

(c) The commission shall maintain a list of such reports for public inspection both at the commission's office and through the state FYI electronic bulletin board.]

(a) It shall be unlawful for any person who enters into any contract or agreement with the State, any of its counties, any department, agency, or entity thereof either for the rendition of personal services or furnishing any material, supplies, or equipment to the State, any of its counties, any department, agency, or entity thereof or for selling any land or building to the State, any of its counties, any department, agency, or entity thereof, if payment for the performance of the contract or payment for the material, supplies, equipment, land, or building is to be made in whole or in part from funds appropriated by the legislature or county councils, for the period of twelve months prior to the notice of the availability of the contract or agreement, or the commencement of the negotiations for the contract or agreement, whichever is earlier, and twenty-four months after the completion of performance or termination of the contract or agreement, to make contributions of money or other things of value, directly or indirectly, or to promise or imply that such contribution will be made to any political party, committee, candidate for public office, or any person responsible for entering into any contract or agreement with the State, any of its counties, any department, agency, or entity thereof either for the rendition of personal services or furnishing any material, supplies, or equipment.

(b) It shall be unlawful to solicit any such contribution from any such person for any such purpose during any such period.

(c) This section does not prohibit contributions to a separate segregated fund established by an organization.

(d) This section does not prohibit or make unlawful contributions of $1,000 or less by individuals to a noncandidate committee.

(e) For purposes of this section, "person" means an individual, a partnership and its partners who have at least twenty-five per cent interest, or a company and its owners who have at least a twenty-five per cent ownership interest, and the dependent household members of each of these individuals."

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:

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