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HOUSE OF REPRESENTATIVES |
H.B. NO. |
715 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO GIFTS FROM LOBBYISTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented, submitted an interim report to the house of representatives outlining areas of immediate and long-term focus, then continued its work with input from the public and invited individuals and agencies to issue a final report with various recommendations and accompanying proposed legislation.
The legislature also finds that the
strength and stability of our democratic government rely upon the public's
trust in government institutions, including the expectation that officers act
ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission
was to provide recommendations that would help restore public trust in state
government and increase the level of transparency in its operations and
accountability of individuals.
Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct by prohibiting lobbyists from making certain gifts to legislators and state employees.
SECTION 2. Chapter 97, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§97- Unlawful
gifts by lobbyists. (a) It shall be unlawful for a lobbyist or
any person or entity required to file a statement of expenditures under section
97-3 to make gifts to a legislator or employee that are prohibited by section
84-11 or title 21 Hawaii Administrative Rules chapter 7.
(b) For the purposes of this section, "employee" shall have the same meaning as defined in section 84-3."
SECTION 3. Section 97-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Any person [who:] or entity that:
(1) Negligently fails to file any statement or report required by this chapter;
(2) Negligently files a statement or report containing false information or material omission of any fact;
(3) Engages in
activities prohibited by section 97-5; [or]
(4) Fails to provide
information required by section 97‑2 or 97-3; or
(5) Makes a gift in
violation of section 97- ;
shall be subject to an administrative fine imposed by the state ethics commission that shall not exceed $1,000 for each violation of this chapter. All fines collected under this section shall be deposited into the general fund."
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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Commission to Improve Standards of Conduct; Lobbyists; Gifts; Legislators; State Employees; Administrative Fine
Description:
Prohibits lobbyists from making prohibited gifts to legislators and state employees. Imposes administrative fines for violations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.