HB 2107: State Ethics Commission Package; Executive Branch Officials; Contributions; Solicitation

A BILL FOR AN ACT

RELATING TO POLITICAL FUNDRAISING BY EXECUTIVE BRANCH EMPLOYEES.

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

     SECTION 1.  The legislature finds that public confidence in the integrity of state government depends on the assurance that decisions about state contracts are made free from political influence.  When high-level executive branch employees engage in political fundraising, it creates a risk — or the appearance — that governmental authority could be used to reward political supporters rather than being exercised in the public's best interest.

     The legislature further finds that preventing "pay-to-play" practices, or even the perception of such practices, is essential to preserving the trust of the people of Hawaii in their government.

     The legislature further finds that this Act is narrowly tailored to apply only to a small and clearly defined group of high-level executive branch employees, those nominated or appointed by the governor to compensated positions subject to senate confirmation, whose position has influence on procurement decisions and contract management.  The mere presence of such officials at political fundraising events may reasonably create an appearance of undue influence or preferential treatment, regardless of their actual intent.  Further, it may send an indirect solicitation signal to contractors, encouraging them to donate to preferred candidates in order to receive governmental contracts.

     Accordingly, the purpose of this Act is to prohibit this limited class of employees from attending or participating in political fundraising activities, while preserving their constitutional rights to vote, make personal political contributions, and express political opinions as private citizens.

     SECTION 2.  Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§84-     Political fundraising; executive branch employees with procurement authority; prohibition.  (a)  No executive branch employee who is nominated or appointed by the governor to a compensated position subject to confirmation by the senate, and who exercises authority or significant influence over the solicitation, award, or administration of state contracts, shall:

     (1)  Organize, attend, host, or solicit contributions for any political fundraiser for any candidate for elective office; or

     (2)  Directly or indirectly solicit campaign contributions from any individual or entity.

     (b)  Nothing in this section shall be construed to prohibit an individual from exercising the individual's rights as a citizen to express opinions, make a personal political donation, or cast votes."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

State Ethics Commission Package; Executive Branch Officials; Contributions; Solicitation

Description:

Prohibits any Executive Branch employee with procurement authority who is nominated or appointed by the Governor to a compensated position subject to confirmation by the Senate from engaging in certain campaign fundraising activities.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO POLITICAL FUNDRAISING BY EXECUTIVE BRANCH EMPLOYEES.

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

     SECTION 1.  The legislature finds that public confidence in the integrity of state government depends on the assurance that decisions about state contracts are made free from political influence.  When high-level executive branch employees engage in political fundraising, it creates a risk — or the appearance — that such authority could be used to reward political supporters instead of acting in the public’s best interest.

     The legislature further finds that preventing "pay-to-play" practices, or even the perception of such practices, is essential to preserving the trust of the people of Hawaii in their government.

     The legislature further finds that this Act is narrowly tailored to apply only to a small and clearly defined group of high-level executive branch employees, those nominated or appointed by the governor to compensated positions subject to senate confirmation, whose position has influence on procurement decisions and contract management.  The mere presence of such officials at political fundraising events may reasonably create an appearance of undue influence or preferential treatment, regardless of their actual intent.  Further, it may send an indirect solicitation signal to contractors, encouraging them to donate to preferred candidates in order to receive governmental contracts.

     Accordingly, the legislature finds it necessary to prohibit this limited class of employees from attending or participating in political fundraising activities, while preserving their constitutional rights to vote, make personal political contributions, and express political opinions as private citizens.

     SECTION 2.  Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:

     "§84-     Political fundraising; executive branch employees with procurement authority; prohibition.  (a)  No executive branch employee who is nominated or appointed by the governor to a compensated position subject to confirmation by the senate shall:

     (1)  Organize, attend, host, or solicit contributions for any political fundraiser for any candidate for elective office; or

     (2)  Directly or indirectly solicit campaign contributions from any individual or entity.

     (b)  Nothing in this section shall be construed to prohibit an individual from exercising the individual's rights as a citizen to express opinions, make a personal political donation, or cast votes."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

State Ethics Commission Package; Contributions; Solicitation

Description:

Prohibits any Executive Branch employee who is nominated or appointed by the Governor to a compensated position subject to confirmation by the Senate from engaging in certain campaign fundraising activities.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  904-26

Honolulu, Hawaii

                , 2026

RE:   H.B. No. 2107

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 2107 entitled:

"A BILL FOR AN ACT RELATING TO POLITICAL FUNDRAISING BY EXECUTIVE BRANCH EMPLOYEES,"

begs leave to report as follows:

     The purpose of this measure is to prohibit any Executive Branch employee who is nominated or appointed by the Governor to a compensated position subject to confirmation by the Senate from engaging in certain campaign fundraising activities.

     Your Committee received testimony in support of this measure from the Campaign Spending Commission; State Ethics Commission; League of Women Voters of Hawaii; and seven individuals.  Your Committee received testimony in opposition to this measure from one individual.

     Your Committee finds that high‑level executive branch employees who participate in political fundraising may create an appearance of undue influence over state procurement decisions.  Safeguarding public confidence in the integrity of government requires maintaining clear boundaries that prevent even the perception of "pay‑to‑play" practices.  This measure helps address that concern by prohibiting a narrowly defined class of executive employees from attending or participating in political fundraising activities.

     Your Committee has amended this measure by:

     (1)  Clarifying that the prohibition on engaging in political fundraising applies to gubernatorial appointees with procurement authority; and

     (2)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2107, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2107, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,