Bill Text: HI SB201 | 2024 | Regular Session | Amended
Bill Title: Relating To Contributions By State And County Contractors And Grantees Of The State.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [SB201 Detail]
Download: Hawaii-2024-SB201-Amended.html
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THE SENATE |
S.B. NO. |
201 |
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THIRTY-SECOND LEGISLATURE, 2023 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 1 |
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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:
Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented; submit an interim report to the house of representatives outlining areas of immediate and long-term focus; receive input from the public and invited individuals and agencies; and issue a final report with various recommendations and accompanying proposed legislation.
The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals.
The legislature additionally finds that under Hawaii's existing campaign finance law, only a state or county contractor is prohibited from making campaign contributions. However, owners, officers, employees, and family members of the contractor can still make contributions, including false name contributions, to election campaigns. Furthermore, state and county grantees are currently able to make campaign contributions, even though these entities receive funds that have been appropriated by a legislative body, similar to state or county contractors.
Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct by amending the prohibition against contributions to a candidate committee or noncandidate committee by state and county contractors to include state and county grantees and the owners, officers, and immediate family members of a state or county contractor or grantee.
SECTION 2. Section 11-355, Hawaii Revised Statutes, is amended to read as follows:
"[[]§11-355[]] Contributions
by state and county contractors; contributions by state and 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.
(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 any person for any political purpose or use; or
(2) Knowingly
solicit any contribution from any person for any purpose during any period.
(c) It shall be unlawful for the owners,
officers, and any immediate family members of any state or county contractor
under subsection (a), at any time between the execution of a contract through
completion of the contract pursuant to subsection (a), to directly or
indirectly make any contribution to any candidate committee or noncandidate
committee.
(d) It shall be unlawful for the owners,
officers, and any immediate family members of any state or county grantee under
subsection (b), at any time between the execution of a contract through
completion of the contract pursuant to subsection (b), to directly or
indirectly make any contribution to any candidate committee or noncandidate
committee.
[(b)]
(e) Except as provided in [subsection]
subsections (a), (b), (c), and (d), 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,
the state or county grantee, or the owners, officers, and immediate family
members of a state or county contractor or state or county grantee,
for the purpose of influencing the nomination for election, or the election of
any person to office.
[(c)]
(f) For purposes of this section,
"completion of the contract" means that the parties to the government
contract have either terminated the contract [prior to] before
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 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.
Report Title:
Commission to Improve Standards of Conduct; State and County Contractors; State and County Grantees; Campaign Contributions; Prohibitions
Description:
Amends the prohibition against contributions to a candidate committee or noncandidate committee by state and county contractors to include state and county grantees and the owners, officers, and immediate family members of a state or county contractor or state or county grantee. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
