THE SENATE	S.B. NO.	862
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to lobbyists.

 

 

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

 

     SECTION 1.  The purpose of this Act is to expand the definition of "administrative action" in section 97-1, Hawaii Revised Statutes, to include the granting or denying of an application for a business or development-related permit, license, or approval as required by state law and the procurement of goods and services under the Hawaii public procurement code.

     SECTION 2.  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]:

     (1)  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)  The granting or denying by an administrative agency of an application for a business or development-related permit, license, or approval as required by state law; or

     (3)  The procurement of goods and services through contracts covered by the Hawaii public procurement code.

     [(2)]  "Administrative agency" means a commission, board, agency, or other body, or official in the state government including the executive branch 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.

     [(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 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 3.  Section 97-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  This chapter shall not apply to:

     (1)  Any individual who represents oneself and not any other person before the legislature or administrative agency; provided that such individual must 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 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 legislative or administrative action; provided that such attorney must nonetheless register if the attorney [meets any of the provisions of section 97-1(6);] is a "lobbyist" as defined 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 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2013.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Lobbyists; Executive Branch; Administrative Action

 

Description:

Expands the definition of "administrative action" in lobbyist laws to include granting or denying applications for business or development-related permits, licenses, or approvals and procurement of goods and services under the Hawaii public procurement code; clarifies that the lobbying laws apply to lobbying of the executive branch.

 

 

 

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