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THE SENATE |
S.B. NO. |
507 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to lobbyists.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that public disclosure and transparency of lobbying activities of all types are critical to further accountability, enhance public trust, and reduce the existence and perception of undue influence in government policy making. The purpose of this Act is to increase government transparency.
SECTION 2. Section 97-1, Hawaii Revised Statutes, is amended to read as follows:
"§97-1 Definitions. When used in this chapter:
[(1)] "Administrative action"
means the proposal, drafting, consideration, amendment, enactment, or defeat by
any administrative agency of any rule, regulation, or other action governed by
section 91-3.
[(2)] "Administrative agency"
means a commission, board, agency, or other body, or official in the state
government that is not a part of the legislative or judicial branch.
"Contractual relationship" means the business relationship between two or more parties, under which the parties make promises to each other, the breach of which the law provides a remedy, or the performance of which the law recognizes as a duty.
[(3)] "Contribution" includes
a gift, subscription, forgiveness of a loan, advance, or deposit of money, or
anything of value and includes a contract, promise, or agreement, whether or
not enforceable, to make a contribution.
[(4)] "Expenditure" includes a
payment, distribution, forgiveness of a loan, advance, deposit, or gift of
money, or anything of value and includes a contract, promise, or agreement,
whether or not enforceable, to make an expenditure. "Expenditure"
also includes compensation or other consideration paid to a lobbyist for the
performance of lobbying services. "Expenditure" excludes the
expenses of preparing written testimony and exhibits for a hearing before the
legislature or an administrative agency.
[(5)] "Legislative action"
means the sponsorship, drafting, introduction, consideration, modification,
enactment, or defeat of any bill, resolution, amendment, report, nomination,
appointment, or any other matter pending or proposed in the legislature.
[(6) "Lobbyist" means any
individual who for pay or other consideration engages in lobbying in excess of
five hours in any month of any reporting period described in section 97-3 or
spends more than $750 lobbying during any reporting period described in section
97-3.
(7)] "Lobbying" means communicating
directly or through an agent, or soliciting others to communicate, with any
official in the legislative or executive branch, for the purpose of attempting
to influence legislative or administrative action or a ballot issue.
"Lobbyist" means any individual who for pay or other consideration engages in lobbying in excess of five hours in any month of any reporting period described in section 97-3 or spends more than $750 lobbying during any reporting period described in section 97-3.
[(8)] "Person" means a
corporation, individual, union, association, firm, sole proprietorship,
partnership, committee, club, or any other organization or a representative of
a group of persons acting in concert."
SECTION 3. Section 97-3, Hawaii Revised Statutes, is amended by amending the title and subsections (a) to (c) to read as follows:
"§97-3 Contributions, contractual relationships, and expenditures; statement. (a) The following persons shall file a statement of expenditures and contractual relationships with the state ethics commission on March 31, May 31, and January 31 of each year and within thirty days after adjournment sine die of any special session of the legislature:
(1) Each lobbyist;
(2) Each person who spends $750 or more of the person's or any other person's money in any six-month period for the purpose of attempting to influence legislative or administrative action or a ballot issue by communicating or urging others to communicate with public officials; provided that any amounts expended for travel costs, including incidental meals and lodging, shall not be included in the tallying of the $750; and
(3) Each person who employs or contracts for the services of one or more lobbyists, whether independently or jointly with other persons. If the person is an industry, trade, or professional association, only the association is the employer of the lobbyist.
(b) The March 31 report shall cover the
period from January 1 through the last day of February. The May 31 report
shall cover the period from March 1 through April 30. The
January 31 report shall cover the period from May 1 through December 31
of the previous year. The report to be filed within thirty days after
adjournment sine die of a special session of the legislature shall cover the
period from May 1 through adjournment sine die of that special session and
shall apply to and include only those expenditures and contributions that
relate to legislative action considered during that special session[.] and
those contractual relationships that existed with members of the legislature from
May 1 through adjournment sine die of that special session.
(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; provided that the sum or value of each expenditure is itemized in the following categories, as applicable:
(A) Preparation and distribution of lobbying materials;
(B) Media advertising;
(C) Compensation paid to lobbyists;
(D) Fees paid to consultants or services;
(E) Entertainment and events;
(F) Receptions, meals, food, and beverages;
(G) Gifts;
(H) Loans; and
(I) Other disbursements;
(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 was supported or opposed by the person filing the
statement during the statement period[.]; and
(6) Any contractual relationship in existence during the statement period between the lobbyist or person filing the statement, as applicable, and a member of the legislature, a governor-appointed executive of a principal department, or a mayor-appointed county cabinet member; the name of the parties to the contract; services or products provided; and the amount of any money exchanged pursuant to the contract."
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.
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INTRODUCED BY: |
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Report Title:
Ethics; Disclosure; Lobbyists; Contractual Relationships
Description:
Requires lobbyists and persons, including a corporation, union, association, firm, sole proprietorship, partnership, organization, or committee, to file a report to the state ethics commission to disclose contractual relationships between the lobbyist or person filing the statement and a member of the legislature, a governor-appointed executive of a principal department, or a mayor-appointed county cabinet member.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.