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THE SENATE |
S.B. NO. |
630 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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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 purpose of this Act is to:
(1) Expand the definition of "administrative action" in section 97-1, Hawaii Revised Statutes, to include the granting or denying of an application for a business or development-related permit, license, or approval as required by state law and the procurement of goods and services under the Hawaii public procurement code; and
(2) Clarify that lobbying laws apply to lobbying by the executive branch.
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]:
(1) 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) The granting or denying by an administrative agency of an application for a business or development-related permit, license, or approval as required by state law; or
(3) The procurement of goods and services through contracts covered under the Hawaii public procurement code.
[(2)] "Administrative agency"
means a commission, board, agency, or other body, or official in the state
government, including the executive branch, that is not a part of the
legislative or judicial branch.
[(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] The term includes compensation or other consideration paid to
a lobbyist for the performance of lobbying services. ["Expenditure"]
The term 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.
[(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 97-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) This chapter shall not apply to:
(1) Any individual who represents oneself and not any
other person before the legislature or administrative agency; provided that [such]
the individual [must] shall nonetheless file a statement
of expenditures if the individual meets any of the provisions of section
97-3(a);
(2) Any federal, state, or county official or employee acting in the official's or employee's official capacity, unless the federal, state, or county official, or employee contracts for the services of a lobbyist;
(3) Any elected public official acting in the public official's official capacity, unless the public official contracts for the services of a lobbyist;
(4) Any newspaper or other regularly published
periodical or radio or television station (including any individual who owns,
publishes, or is employed by a newspaper or periodical, or radio or
television station) while publishing in the regular course of business news
items, editorials[,] or other comments, or paid advertisements, which
directly or indirectly urge the passage or defeat of legislative or
administrative action;
(5) Any attorney who advises the attorney's clients
on the construction or effect of proposed legislative or administrative action;
provided that [such] the attorney [must] shall
nonetheless register if the attorney [meets any of the provisions of section
97‑1(6);] is a "lobbyist" as defined in section 97-1;
and
(6) Any person who possesses special skills and
knowledge relevant to certain areas of legislation, whose skills and knowledge
may be helpful to the legislative and executive branches of state government,
and who makes an occasional appearance at the request of the legislature [or],
an administrative agency, or [the] a lobbyist [even though
receiving] regardless of whether the person receives reimbursement
or other payment from the legislature [or], an administrative
agency, or [the] a lobbyist for the appearance."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2017.
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INTRODUCED BY: |
_____________________________ |
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Report Title:
Lobbyists; Executive Branch; Administrative Action
Description:
Expands the definition of "administrative action" in lobbyist law to include granting or denying applications for business or development-related permits, licenses, or approvals and procurement of goods and services under Hawaii public procurement code. Clarifies that lobbying laws apply to lobbying by the executive branch.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.