Report Title:

Lobbyists; Disclosures; Electronic Filing

Description:

Clarifies lobbyists requirements and prohibitions. Requires ethics commission to provide for online filing of required documents and to publicly disclose names of late filers.

THE SENATE

S.B. NO.

2902

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to lobbyists.

 

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

SECTION 1. Lobbying is an honorable profession that is integral to the democratic process. It is constitutionally protected and fundamental to the creation of good public policy. When lobbyists are allowed to make significant expenditures to gain access to legislators or to persuade legislators to support their interests, however, equal political representation and participation may be threatened.

In rating lobbyists' regulation in the states, the Center for Public Integrity found that many states excelled in some areas, yet had poor showings in other areas. For example, a state may have strong spending disclosure requirements, but provide inadequate public access to information.

Specifically, the Center for Public Integrity reported that, of the fifty states, twenty-seven states received failing scores for reasons that include:

(1) A state's statutory definition of lobbyist excludes some executive branch lobbyists;

(2) Infrequent filing periods;

(3) A failure to require lobbyists to itemize expenses; or

(4) State agencies' failure to provide total spending information by year, reporting deadline, or industry.

Fourteen states received passing grades, but with low scores because of lax enforcement mechanisms and a lack of "cooling off" laws that mandate a break in the time between a legislator leaving public office and subsequently becoming a lobbyist.

Only nine states achieved relatively satisfactory scores. These nine states prohibit lobbyists from giving gifts to legislators and require both monthly spending reports and a listing of the bill numbers addressed by lobbyists. These states also provide electronic disclosure and strong public access to lobbyist reports.

The intent of this Act is to provide a higher standard of disclosure of the activities of lobbyists and of lobbyists' relationships with elected officials in the State of Hawaii.

SECTION 2. Chapter 97, Hawaii Revised Statutes, is amended by adding three new sections to be appropriately designated and to read as follows:

"§97- Delinquent filing of required statements; disclosure. The ethics commission shall disclose and make available to the public a list of individuals who fail to file required statements by required filing dates. The list shall be made available to the public in a printed form or electronically on the website of the ethics commission.

§97- Additional disclosures required. The statements required pursuant to section 97-3 also shall disclose:

(1) Any expenditure made to household members of any public official for the purpose of attempting to influence legislative or administrative action or a ballot issue;

(2) Campaign contributions to any candidate made during a regular session of the legislature; and

(3) Direct business associations with public officials, candidates, or their respective household members.

§97- Electronic filing. The ethics commission shall provide for the electronic online filing of:

(1) Registration forms;

(2) All required contribution and expenditure statements; and

(3) Other required disclosure statements;

in a manner prescribed by the commission. A lobbyist or person who is required to register or file any contribution and expenditure or other disclosure statement without access to a computer or the Internet shall not be required to register and file statements electronically."

SECTION 3. Section 97-3, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) The statement shall contain the following information:

(1) The name and address of each person with respect to whom expenditures for the purpose of lobbying in the total sum of $25 or more per day was made by the person filing the statement during the statement period and the amount or value of such expenditure;

(2) The name and address of each person with respect to whom expenditures for the purpose of lobbying in the aggregate of $150 or more was made by the person filing the statement during the statement period and the amount or value of such expenditures;

(3) The total sum or value of all expenditures for the purpose of lobbying made by the person filing the statement during the statement period in excess of $750 during the statement period;

(4) The name and address of each person making contributions to the person filing the statement for the purpose of lobbying in the total sum of $25 or more during the statement period and the amount or value of such contributions; and

(5) The subject area of the legislative and administrative action [which] that was supported or opposed by the person filing the statement during the statement period[.], which shall include identification of legislation by specific measure number."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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