SB805

THE SENATE	S.B. NO.	805
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII

A BILL FOR AN ACT

relating to lobbying.

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

SECTION 1. Section 97-1, Hawaii Revised Statutes, is amended as follows:

1. By amending the definition of "administrative action" to read:

""Administrative action" means [~~the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3.~~] the:

(1) Adoption or rejection of any rule or other action governed by section 91-3, including an amendment or repeal of an existing rule;

(2) Adoption or rejection of any executive order, including an amendment or repeal of an existing executive order;

(3) Administration or execution of any state program or policy, including the negotiation, award, or administration of a state contract, grant, loan, permit, or license;

(4) Adoption or rejection of any standard, rate, or other quasi-legislative enactment by a state agency; or

(5) Nomination or confirmation of a person for a position that is subject to confirmation by the senate."

2. By amending the definition of "lobbying" to read:

""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] action, administrative action, or a ballot issue. "Lobbying" shall not include communication:

(1) Made by a public official acting in that person's official capacity;

(2) Made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public;

(3) Made in a speech, article, publication, or other material that is distributed and made available to the public, or made through radio, television, cable television, or other medium of mass communication;

(4) Made in the course of participating in an advisory committee, task force, working group, or similar entity established by the legislature or other state entity;

(5) Required by subpoena, civil investigative demand, or otherwise compelled by statute, rule, or other action by an administrative agency or the legislature, including any communication compelled by a state contract, grant, loan, permit, or license;

(6) Made to an official with regard to a judicial proceeding or a criminal or civil law enforcement inquiry, investigation, or proceeding;

(7) Made in connection with a filing or proceeding that the government is specifically required by statute or regulation to maintain or conduct on a confidential basis;

(8) Made on behalf of an individual with regard to that individual's benefits, employment, or other personal matters involving only that individual, except that this paragraph shall not apply to the formulation, modification, or adoption of private legislation for the relief of that individual;

(9) Made under a whistleblower protection act or similar provision of law; or

(10) Directly involving the preparation and submission of a grant application pursuant to chapter 42F by a representative of a nonprofit organization."

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:	_____________________________