Bill Text: HI HB1007 | 2010 | Regular Session | Introduced
Bill Title: Lobbyists; Disclosure
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB1007 Detail]
Download: Hawaii-2010-HB1007-Introduced.html
Report Title:
Lobbyists; Disclosure
Description:
Requires lobbyists to disclose contributions, expenditures, business associations, and specific measures lobbied during the reporting period. Establishes an annual registration fee for lobbyists. Requires the ethics commission to randomly audit lobbyist statements of contributions, expenditures, and other disclosures.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1007 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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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. 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.
[(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.
"Executive action" means the proposal, consideration, or defeat of any act, bill, resolution, amendment, nomination, appointment, or any other matter pending or proposed before the governor or lieutenant governor, or other state official.
[(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 executive, 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 2. Section 97-2, Hawaii Revised Statutes, is amended to read as follows:
"§97-2 Registration of lobbyists,
requirements[.]; fees. (a) Every lobbyist shall file a
registration form with the state ethics commission and pay the required fee
within five days of becoming a lobbyist.
(b) Each lobbyist shall provide and certify the following information:
(1) The name, mailing address, and business telephone number of the lobbyist.
(2) The name and principal place of business of each person by whom the lobbyist is retained or employed or on whose behalf the lobbyist appears or works and a written authorization to act as a lobbyist from each person by whom the lobbyist is employed or with whom the lobbyist contracts.
(3) The subject areas on which the lobbyist expects to lobby.
(c) Unless otherwise provided by law, each lobbyist registered under this section shall pay to the state ethics commission an annual registration fee of $50; provided that lobbyists who represent only nonprofit organizations with annual revenues of less than $200,000 shall be exempt from this subsection.
[(c)] (d) A lobbyist shall
report any change in any of the information contained in the registration
statement within ten days after the change has occurred.
[(d)] (e) A lobbyist shall file
a notice of termination within ten days after the lobbyist ceases the activity
which required the lobbyist's registration. The lobbyist and the employer of
the lobbyist shall remain subject, however, to the requirements of chapter 97
for the period during which the registration was effective.
[(e)] (f) This chapter shall not
apply to:
(1) Any individual who represents oneself and not any
other person before the executive branch, legislature, or
administrative agency; provided that such 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] that
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 executive, legislative,
or administrative action; provided that such attorney [must] shall
nonetheless register if the attorney meets [any of the provisions of section
97-1(6);] the definition of a lobbyist 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 lobbyist even though receiving reimbursement or other payment from the legislature or administrative agency or the lobbyist for the appearance."
SECTION 3. Section 97-2.5, Hawaii Revised Statutes, is amended to read as follows:
"§97-2.5 Renewal of registration.
Each registered lobbyist shall renew the lobbyist's registration [biennially]
annually by filing a registration and authorization form and paying
any required registration fee with the state ethics commission within ten
days of the opening of the [1983] 2010 regular session of the
legislature and [on] every [odd-numbered year's] session
thereafter."
SECTION 4. Section 97-3, Hawaii Revised Statutes, is amended to read as follows:
"§97-3 Contributions [and],
expenditures[;], and other disclosures; statement. (a) The
following persons shall file a statement of contributions, expenditures,
and other disclosures with the state ethics commission on March 31,
May 31, and January 31 of each year:
(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 executive, 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.
(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.
(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;]
(1) The name and address of each person with respect to whom expenditures were made in the form of an invitation or admission to an event for the purpose of lobbying and the amount or value of those expenditures;
(2) The name and address of each person with respect to whom expenditures, in any sum, were made for the purpose of lobbying by the person filing the statement during the statement period and the amount of each expenditure. The statement shall include any expenditure made to any household member of any executive, legislative, or agency person that the lobbyist lobbied;
(3) The name and address of each person with respect to whom any expenditure, in any sum, was made by the person filing the statement, during the statement period, for the purpose of influencing the election or defeat of any candidate for an elective office or for the passage or defeat of any proposed measure at any special or general election;
[(3)] (4) 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)] (5) 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)] (6) The [subject area of the]
specific executive, legislative [and], or administrative [action]
actions which [was] were supported or opposed by the
person filing the statement during the statement period[.]; and
(7) The nature of any business association that the person filing the statement had during the statement period with any executive, legislative, or agency person that the lobbyist lobbied during the statement period.
[(d) The receipt or expenditure of any
money for the purpose of influencing the election or defeat of any candidate
for an elective office or for the passage or defeat of any proposed measure at
any special or general election is excluded from the reporting requirement of
this section.]
(d) The commission shall review and audit a random sampling of the statements filed under this section in accordance with rules adopted by the commission pursuant to chapter 91."
SECTION 5. Section 97-5, Hawaii Revised Statutes, is amended to read as follows:
"[[]§97-5[]]
Restricted activities. No lobbyist shall accept or agree to accept any
payment in any way contingent upon the defeat, enactment, or outcome of any
proposed executive, legislative, or administrative action."
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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