Hawaii-2014-SB2629-Introduced

SECTION 1. Chapter 97, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§97- Contributions and expenditures; statement; special session. (a) The following persons shall file a statement of expenditures with the state ethics commission within ten days of sine die of any special session of the legislature:

(1) Each lobbyist who lobbies ninety days prior to the convening of a special session or through sine die of that special session, or both;

(2) Each person who spends $750 or more of the person's or any other person's money ninety days prior to the convening of a special session or through sine die of that special session, or both, for the purpose of attempting to influence legislative action or a ballot issue presented to the legislature for consideration during the special session 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; and

(3) Each person who employs or contracts for services of one or more lobbyists, whether independently or jointly with other persons, for the purpose of attempting to influence legislative action or a ballot issue presented to the legislature for consideration ninety days prior to the convening of a special session or through sine die of that special session, or both, by communicating or urging others to communicate with public officials. If the person is an industry, trade, or professional association, only the association shall be deemed the employer of the lobbyist.

(b) The statement of expenditures shall cover the period starting ninety days prior to the convening of a special session and through sine die of that special session and applies only to expenditures and contributions that are related to any legislative action presented to the legislature for consideration during that special session of the legislature.

(c) The statement shall contain the following information related to the expenditures of and contributions for any legislative action presented to the legislature for consideration during a special session of the legislature:

(1) The name and address of each person for whom expenditures for the purpose of lobbying in the total sum of $25 or more per day were made by the person filing the statement during the statement period and the amount or value of the expenditures;

(2) The name and address of each person for whom expenditures for the purpose of lobbying in the aggregate of $150 or more were made by the person filing the statement during the statement period and the amount or value of the expenditures;

(3) 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;

(4) The name and address of each person making contributions for the purpose of lobbying to the person filing the statement in the total sum of $25 or more during the statement period and the amount or value of the contributions; and

(5) The subject area of the legislative action that was supported or opposed by the person filing the statement 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."

SECTION 2. Section 97-1, Hawaii Revised Statutes, is amended by amending the definition of "lobbyist" to read as follows:

"(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[.]; or engages in lobbying in excess of five hours in any month during any statement period of a special session of the legislature as described in section 97- or spends more than $750 lobbying during any statement period of a special session of the legislature as described in section 97- ."

SECTION 3. Section 97-3, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(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[.]; provided that any expenditures and contributions that are related to any legislative action or ballot issue presented to the legislature for consideration during a special session of the legislature shall be filed with the state ethics commission in accordance with section 97- ."

SECTION 4. Section 97-4.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]§97-4.5[]] Lobbyist list. As soon as is feasible after the commencement of each regular session or special session of the legislature, the state ethics commission shall publish a list of registered lobbyists, the names of the persons whom they represent, and other pertinent information but shall not include in such list the addresses of the lobbyists. The list shall be supplemented from time to time as may be necessary."

SECTION 5. Section 97-6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) The state ethics commission shall administer and implement this chapter, and shall have the following powers and duties:

(1) Initiate, receive, and consider charges concerning alleged violations of this chapter, and investigate or cause to be investigated on a confidential basis, the activities of any person to determine whether the person is in compliance with this chapter;

(2) Prescribe forms for the statements and reports required by sections 97-2 [~~and~~], 97-3, and 97- and establish orderly procedures for implementing the requirements of those provisions;

(3) Render advisory opinions upon the request of any person subject to this chapter. If no advisory opinion is rendered within thirty days after the request is filed with the commission, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation of this chapter. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the person subject to this chapter who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by the person in the request for an advisory opinion;

(4) Issue subpoenas, administer oaths, and exercise those powers conferred upon the commission by section 92-16;

(5) Adopt rules, not inconsistent with this chapter, as in the judgment of the commission seem appropriate for the carrying out of this chapter and for the efficient administration of this chapter, including every matter or thing required to be done or which may be done with the approval or consent or by order or under the direction or supervision of, or as prescribed by, the commission. The rules, when adopted as provided in chapter 91, shall have the force and effect of law; and

(6) Have jurisdiction for purposes of investigation and taking appropriate action on alleged violations of this chapter in all proceedings commenced within three years of an alleged violation of this chapter. A proceeding shall be deemed commenced by the filing of a charge with the commission or by the signing of a charge by three or more members of the commission. Nothing shall bar proceedings against a person who by fraud or other device prevents discovery of a violation of this chapter."

SECTION 6. Section 97-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Any person who:

(1) Wilfully fails to file any statement or report required by this chapter;

(2) Wilfully 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 97- ;

shall be subject to an administrative fine imposed by the commission that shall not exceed $500 for each violation of this chapter. All fines collected under this section shall be deposited into the general fund."

SECTION 7. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2629
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII