MODEL BILLS
Eliminate Pay-to-Play Practices Act
Summary: The Eliminate Pay-to-Play Practices Act diminishes the actual or appearance of impropriety in government contracting by forbidding political campaign contributors from being eligible for government contracts.
Based on Hawaii Rev Stat § 11-355 (2013)
Bill drafting note: This provision was upheld by the U.S. Court of Appeals for the 9th Circuit in A-1 A-Lectrician, Inc. v. Snipes.
SECTION 1. SHORT TITLE
This Act shall be called the “End Pay-to-Play Practices Act.”
SECTION 2. PAY-TO-PLAY PROHIBITED
After section XXX, the following new section XXX shall be inserted:
(A) DEFINITIONS—In this section:
1) “Government” means the [state/city/county] and all agencies and subdivisions of government with the authority to enter into contracts.
2) “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.
3) “Political purpose” means the purpose of influencing the nomination for election, or the election of any person to office.
(B) CONTRIBUTIONS BY CONTRACTORS PROHIBITED
1) Any person or business entity is ineligible for a government contract valued at [$10,000] or more for the rendition of personal services, the buying of personal or real property, or furnishing of any material, supplies, or equipment to the government, if between one year before the execution of the contract and the completion of the contract that person or business entity directly or indirectly made any contribution, or promise expressly or impliedly to make any contribution to any [candidate committee or noncandidate committee], for any political purpose, or knowingly solicit any such contribution for any political purpose.
2) An indirect contribution or promise to make a contribution includes when the contributor is the owner of 10 percent or more of the business entity that seeks a government contract.
3) This subsection shall not apply to an employment contract where the individual is hired as a direct employee of government such as an elected or appointed official, the staff of an elected or appointed official, or a civil servant.
SECTION 3. EFFECTIVE DATE
This law shall become effective on July 1, 20XX.