Report Title:

Campaign Contributions; State and County Contractors

 

Description:

Amends the campaign finance laws to prohibit persons from entering into contracts with the State or a county if payment for the performance of that contract is to be made from appropriated funds, or if performance includes the making of contributions to a political party, committee, or candidate.

THE SENATE

S.B. NO.

2259

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to election campaign CONTRIBUTIONS AND EXPENDITURES.

 

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. (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.] on the commission's Internet website.

(d) It shall be unlawful for any person to enter into any contract or agreement with the State or a county, either for the rendition of personal services, the furnishing of any material, supplies, or equipment to the State or a county, or for selling any land or building to the State or a county, if:

(1) Payment for the performance of that contract or agreement or payment for material, supplies, equipment, land, or buildings is to be made in whole or in part from funds appropriated by the legislature or county councils, from one year between 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

(2) The completion of performance of the contract or agreement includes the making of contributions of money or other things of value, directly or indirectly, or to promise or imply the making of any contribution to any political party, committee, candidate for public office, or any person responsible for entering into any contract or agreement with the State or a county, either for the rendition of personal services, the furnishing of any material, supplies, or equipment.

No person shall solicit, accept, or receive any contribution prohibited by this section.

(e) Nothing in this section shall prohibit or make unlawful any contribution not exceeding $1,000 that is made by an individual to a noncandidate committee that is not associated in any manner with a state or county contractor as provided in this section.

(f) For the purposes of this section, "person" includes individuals, partnerships, and corporations, including the immediate family and household members of each."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2002.

INTRODUCED BY:

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