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| 1 | - | THE SENATE S.B. NO. 201 THIRTY-SECOND LEGISLATURE, 2023 | |
| 1 | + | THE SENATE S.B. NO. 201 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII 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: | |
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| 3 | 3 | THE SENATE S.B. NO. 201 | |
| 4 | - | THIRTY-SECOND LEGISLATURE, 2023 | |
| 4 | + | THIRTY-SECOND LEGISLATURE, 2023 | |
| 5 | 5 | STATE OF HAWAII | |
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| 7 | 7 | THE SENATE | |
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| 9 | 9 | S.B. NO. | |
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| 11 | 11 | 201 | |
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| 13 | 13 | THIRTY-SECOND LEGISLATURE, 2023 | |
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| 17 | 17 | STATE OF HAWAII | |
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| 31 | 31 | A BILL FOR AN ACT | |
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| 37 | 37 | relating to contributions by state and county contractors and grantees of the state. | |
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| 43 | 43 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: | |
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| 47 | - | SECTION 1. Section 11-355, Hawaii Revised Statutes, is amended to read as follows: "[[]§11-355[]] Contributions by state and county contractors, and grantees of the State; 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 person who receives a grant or subsidy from the State pursuant to chapter 42F, at any time between the execution of the contract for the grant or subsidy 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. (c) During the contract period wherein a state or county contractor, or grantee of the State, shall not make a contribution, the officers of any state or county contractor, or grantee of the State, and their immediate family members, are prohibited from directly or indirectly making any contribution to a candidate committee or noncandidate committee. [(b)] (d) Except as provided in [subsection] subsections (a), (b), and (c), 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, or grantee of the State, or their officers and immediate family members, for the purpose of influencing the nomination for election, or the election of any person to office. [(c)] (e) 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. 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. | |
| 47 | + | SECTION 1. Section 11-355, Hawaii Revised Statutes, is amended to read as follows: "[[]§11-355[]] Contributions by state and county contractors, and grantees of the State; 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 person who receives a grant or subsidy from the State pursuant to chapter 42F, at any time between the execution of the contract for the grant or subsidy 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. (c) During the contract period wherein a state or county contractor, or grantee of the State, shall not make a contribution, the officers and employees of any state or county contractor, or grantee of the State, and their immediate family members, are prohibited from directly or indirectly making any contribution to a candidate committee or noncandidate committee. [(b)] (d) Except as provided in [subsection] subsections (a), (b), and (c), 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, or grantee of the State, or their officers, employees, and immediate family members, for the purpose of influencing the nomination for election, or the election of any person to office. [(c)] (e) 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. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. 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. INTRODUCED BY: _____________________________ By Request | |
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| 49 | 49 | SECTION 1. Section 11-355, Hawaii Revised Statutes, is amended to read as follows: | |
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| 51 | 51 | "[[]§11-355[]] Contributions by state and county contractors, and grantees of the State; 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: | |
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| 53 | 53 | (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 | |
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| 55 | 55 | (2) Knowingly solicit any contribution from any person for any purpose during any period. | |
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| 57 | 57 | (b) It shall be unlawful for any person who receives a grant or subsidy from the State pursuant to chapter 42F, at any time between the execution of the contract for the grant or subsidy through the completion of the contract, to: | |
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| 59 | 59 | (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 | |
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| 61 | 61 | (2) Knowingly solicit any contribution from any person for any purpose during any period. | |
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| 63 | - | (c) During the contract period wherein a state or county contractor, or grantee of the State, shall not make a contribution, the officers of any state or county contractor, or grantee of the State, and their immediate family members, are prohibited from directly or indirectly making any contribution to a candidate committee or noncandidate committee. | |
| 63 | + | (c) During the contract period wherein a state or county contractor, or grantee of the State, shall not make a contribution, the officers and employees of any state or county contractor, or grantee of the State, and their immediate family members, are prohibited from directly or indirectly making any contribution to a candidate committee or noncandidate committee. | |
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| 65 | - | [(b)] (d) Except as provided in [subsection] subsections (a), (b), and (c), 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, or grantee of the State, or their officers and immediate family members, for the purpose of influencing the nomination for election, or the election of any person to office. | |
| 65 | + | [(b)] (d) Except as provided in [subsection] subsections (a), (b), and (c), 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, or grantee of the State, or their officers, employees, and immediate family members, for the purpose of influencing the nomination for election, or the election of any person to office. | |
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| 67 | 67 | [(c)] (e) 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." | |
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| 69 | 69 | SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date. | |
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| 71 | 71 | SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. | |
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| 73 | 73 | SECTION 4. This Act shall take effect upon its approval. | |
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| 75 | - | Report Title: Hawaii Campaign Spending Commission Package; State and County Contractors; Grantees, Chapter 42F; Prohibited Contributions Description: Extends the ban on campaign contributions from state and county contractors to grantees of the State under chapter 42F, Hawaii Revised Statutes, and to the owners, officers, and immediate family of the government contractor or state grantee. (SD1) The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 77 | + | INTRODUCED BY: _____________________________ | |
| 78 | + | By Request | |
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| 80 | + | INTRODUCED BY: | |
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| 82 | + | _____________________________ | |
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| 86 | + | By Request | |
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| 88 | + | Report Title: Hawaii Campaign Spending Commission Package; State and County Contractors; Grantees, Chapter 42F; Prohibited Contributions Description: Extends the ban on campaign contributions from state and county contractors to grantees of the State under Chapter 42F, Hawaii Revised Statutes, and to the owners, officers, employees and immediate family of the government contractor or state grantee. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. | |
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| 81 | 94 | Report Title: | |
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| 83 | 96 | Hawaii Campaign Spending Commission Package; State and County Contractors; Grantees, Chapter 42F; Prohibited Contributions | |
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| 86 | 99 | ||
| 87 | 100 | Description: | |
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| 89 | - | Extends the ban on campaign contributions from state and county contractors to grantees of the State under chapter 42F, Hawaii Revised Statutes, and to the owners, officers, and immediate family of the government contractor or state grantee. (SD1) | |
| 102 | + | Extends the ban on campaign contributions from state and county contractors to grantees of the State under Chapter 42F, Hawaii Revised Statutes, and to the owners, officers, employees and immediate family of the government contractor or state grantee. | |
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| 97 | 112 | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |