Report Title:

Campaign Spending

Description:

Prohibits a person or entity that has contracted with the state, counties or its entities to contribute to any candidate for public office two years prior to the notice of the availability of the contract or agreement.

THE SENATE

S.B. NO.

1348

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CAMPAIGN SPENDING.

 

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

SECTION 1. Section 11205.5, 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 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 the State, any of its counties, and any department, agency, or entity thereof, to enter into any contract or agreement, including but not limited to those contracts or agreements for the rendition of professional or personal services, or furnishing any material, supplies, or equipment to the State, any of its counties, and any department, agency, or entity thereof, or for selling any land or building to the State, any of its counties, and any department, agency, or entity thereof, with any person or entity that has made contributions of money or other things of value, to any candidate for public office or that candidate's candidate committee, two years 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.

(b) Notwithstanding subsection (a), no contract or agreement with any person or entity shall be barred based upon a campaign contribution to a candidate for public office or that candidate's candidate committee, if the particular public office did not have the authority or discretion to enter into, approve, or ratify the contract or agreement at issue.

(c) It shall be unlawful for the State, any of its counties, and any department, agency, or entity thereof, to enter into any contract or agreement, including but not limited to those contracts or agreements for the rendition of professional or personal services, or furnishing any material, supplies, or equipment to the State, any of its counties, and any department, agency or entity thereof, or for selling any land or building to the State, any of its counties, and any department, agency, or entity thereof, with any person or entity that has made contributions of money or other things of value to a noncandidate committee established by an organization.

(d) Notwithstanding subsection (c), no contract or agreement with any person or entity shall be barred based upon a campaign contribution to a noncandidate committee established by an organization, if such noncandidate committee did not use any contributions for the purpose of influencing the nomination for election or election of any person to a public office that had the authority or discretion to enter into, approve, or ratify the contract or agreement at issue.

(e) For the purpose of subsections (a) to (d), "person" or "entity" means an individual, a partnership and its partners who have at least a twenty-five per cent ownership interest, or a company, including, but not limited to, a corporation or bank, and its owners who have at least a twenty-five per cent ownership interest, and the dependent household members of each of those individuals.

(f) It shall be unlawful for any person or entity that has entered into any contract or agreement with the State, any of its counties, and any department, agency, or entity thereof, including but not limited to those contracts or agreements for the rendition of professional or personal services, or furnishing any material, supplies, or equipment to the State, any of its counties, and any department, agency, or entity thereof, or for selling any land or building to the State, any of its counties, and any department, agency, or entity thereof, during the term of the contract or agreement, and within the two years following the completion of performance of or termination of the contract or agreement, to make any contribution of money or other things of value to a candidate for public office or that candidate's candidate committee, if the particular public office had the authority or discretion to enter into, approve, or ratify the contract or agreement at issue. Violation of this subsection shall be a misdemeanor.

(g) It shall be unlawful for any person or entity that has entered into any contract or agreement with the State, any of its counties, and any department, agency, or entity thereof, including but not limited to those contracts or agreements for the rendition of professional or personal services, or furnishing any material, supplies, or equipment to the State, any of its counties, and any department, agency, or entity thereof, or for selling any land or building to the State, any of its counties, and any department, agency, or entity thereof, during the term of the contract or agreement, and within the two years following the completion of performance of or termination of the contract or agreement, to make any contribution of money or other things of value to a noncandidate committee established by an organization, if the noncandidate committee used any contributions for the purpose of influencing the nomination for election, or election of any person to a public office, which public office had the authority or discretion to enter into, approve, or ratify the contract or agreement at issue. Violation of this subsection shall be a misdemeanor.

(h) For the purposes of subsections (f) and (g), "person" or "entity" means an individual, a partnership and its partners who have at least a twenty-five per cent ownership interest, or a company, including, but not limited to, a corporation or bank, and its owners who have at least a twenty-five per cent ownership interest.

(i) Notwithstanding any other provision of law, it shall be unlawful for the State, any of its counties, and any department, agency, or entity thereof, to enter into any contract or agreement, including but not limited to those contracts or agreements for the rendition of professional or personal services, or furnishing any material, supplies, or equipment to the State, any of its counties, and any department, agency, or entity thereof, or for selling any land or building to the State, any of its counties, and any department, agency, or entity thereof, without first obtaining from the person or entity entering into the contract or agreement, a statement under oath that the person or entity has not made any contributions that would make the entering into the contract or agreement a violation of this section.

(j) This section shall not apply to bar the award of any contract based upon any contribution made prior to _____________________."

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

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

By Request