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THE SENATE |
S.B. NO. |
290 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LOBBYING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Accordingly, the purpose of this Act is to enhance government transparency by:
(1) Establishing certain presumptions regarding testimony when provided by a lobbyist;
(2) Making certain contracts voidable when entered into in violation of the state lobbying law; and
(3) Expanding the definition of "lobbying" in section 97‑1, Hawaii Revised Statutes, to include certain communications with high-level government officials regarding procurement decisions.
SECTION 2. Chapter 97, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§97- Presumption of lobbying on behalf of private clients. Any
individual with a substantial ownership interest in or a paid employee,
officer, or director of an organization, who actively participates in lobbying
activities that directly benefit that organization shall be presumed to be
receiving compensation from the organization for their lobbying efforts.
§97- Contracts voidable. In addition to any other penalty provided by law, any contract or other action entered into by the State in violation of this chapter is voidable on behalf of the State; provided that in any action to void a contract pursuant to this section the interests of third parties who may be damaged thereby shall be taken into account, and the action to void the contract is initiated within sixty days after the determination of a violation under this chapter. The attorney general shall have the authority to enforce this section."
SECTION 3. Section 97-1, Hawaii Revised Statutes, is amended by amending the definition of "lobbying" to read as follows:
""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. Lobbying also includes
communicating with any person identified in section 84-17(d) concerning the
solicitation or award of a contract or proposal before an administrative agency
or a potential future vendor relationship with an administrative agency if any
of the communications are not governed by chapter 103D or 103F. Communications about a request for proposals,
contract, or vendor relationship are not considered lobbying if they are
initiated by a legislator or state employee.
"Lobbying" shall not include the preparation and submission of a grant application pursuant to chapter 42F by a representative of a nonprofit organization."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 1, 2027.
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INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
State Ethics Commission Package; Lobbying; Transparency
Description:
Establishes
certain presumptions regarding testimony when provided by a lobbyist. Makes certain contracts voidable when entered
into in violation of the state lobbying law.
Expands the definition of "lobbying" in the state lobbying law
to include certain communications with high-level government officials
regarding procurement decisions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.