HB 413: State Ethics Commission Package; Lobbyists; Contributions

A BILL FOR AN ACT

RELATING TO LOBBYIST CONTRIBUTIONS.

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

     SECTION 1.  This Act clarifies administrative oversight of statutory restrictions relating to prohibited lobbyist contributions enacted in Act 128, Session Laws of Hawaii 2023 (Act 128).  Act 128 left concurrent administrative oversight to the campaign spending and state ethics commissions.

     For the purpose of administrative efficiency and streamlining of function, this Act clarifies that with respect to the statutory provisions created and amended by Act 128, the campaign spending commission shall have oversight of elected officials, candidates, candidate committees, and others required to file an organizational report with the campaign spending commission, and the ethics board or commission having jurisdiction over the lobbyist shall have oversight of lobbyists.

     This Act further clarifies that the regular or special sessions in which lobbyist contributions are prohibited are periods during which both houses of the legislature are in session.

     SECTION 2.  Section 11-365, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-365[]]  Contributions and expenditures by lobbyists prohibited during legislative session.  (a)  During any regular session or special session of the [state] legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321.  No elected official, candidate, candidate committee, or other individual required to file an organizational report pursuant to section 11-321 shall accept, or agree to accept at a later time, any contribution from a lobbyist during the specified period under this subsection.  Any contribution prohibited by this subsection shall escheat to the Hawaii election campaign fund.  An elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321, alleged to have received a prohibited contribution in violation of this section, shall be administratively referred by the state ethics commission executive director to the campaign spending commission.

     (b)  For the purposes of this section:

     "Elected official" has the same meaning as in section 11‑342.

     "Lobbyist" means any person actively registered as a lobbyist with a state or county ethics board or commission.

     "Session" means a period in which both legislative houses are in session."

     SECTION 3.  Section 97-5, Hawaii Revised Statutes, is amended to read as follows:

     "§97-5  Restricted activities.  (a)  No lobbyist shall accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action.  During any regular session or special session of the [state] legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321.

     (b)  A state lobbyist alleged to have made a prohibited contribution to an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321 in violation of this section shall be administratively referred by the executive director of the campaign spending commission to the state ethics commission.

     (c)  Any contribution prohibited by this section shall escheat, as directed by the campaign spending commission, to the Hawaii election campaign fund.

     [(b)] (d)  For the purposes of this section[, "elected]:

     "Elected official" has the same meaning as in section 11‑342.

     "Session" has the same meaning as in section 11-365."

     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.

Report Title:

State Ethics Commission Package; Lobbyists; Contributions

Description:

Clarifies administrative oversight of statutory restrictions relating to prohibited lobbyist contributions.  Clarifies that the regular or special sessions in which lobbyist contributions are prohibited are periods during which both houses of the legislature are in session.  (SD1)

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 LOBBYIST CONTRIBUTIONS.

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

     SECTION 1.  This Act clarifies administrative oversight of statutory restrictions relating to prohibited lobbyist contributions enacted in Act 128, Session Laws of Hawaii 2023 (Act 128).  Act 128 left concurrent administrative oversight to the campaign spending and state ethics commissions.

     For the purpose of administrative efficiency and streamlining of function, this Act clarifies that with respect to the statutory provisions created and amended by Act 128, the campaign spending commission shall have oversight of elected officials, candidates, candidate committees, and others required to file an organizational report with the campaign spending commission, and the ethics board or commission having jurisdiction over the lobbyist shall have oversight of lobbyists.

     This Act further clarifies that the regular or special sessions in which lobbyist contributions are prohibited are periods during which both houses of the legislature are in session.

     SECTION 2.  Section 11-365, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-365[]]  Contributions and expenditures by lobbyists prohibited during legislative session.  (a)  During any regular session or special session of the [state] legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321.  No elected official, candidate, candidate committee, or other individual required to file an organizational report pursuant to section 11-321 shall accept, or agree to accept at a later time, any contribution from a lobbyist during the specified period under this subsection.  Any contribution prohibited by this subsection shall escheat to the Hawaii election campaign fund.  An elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321, alleged to have received a prohibited contribution in violation of this section, shall be administratively referred by the state ethics commission executive director to the campaign spending commission.

     (b)  For the purposes of this section:

     "Elected official" has the same meaning as in section 11‑342.

     "Lobbyist" means any person actively registered as a lobbyist with a state or county ethics board or commission.

     "Session" means a period in which both legislative houses are in session."

     SECTION 3.  Section 97-5, Hawaii Revised Statutes, is amended to read as follows:

     "§97-5  Restricted activities.  (a)  No lobbyist shall accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action.  During any regular session or special session of the [state] legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321.

     (b)  A state lobbyist alleged to have made a prohibited contribution to an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321 in violation of this section shall be administratively referred by the executive director to the state ethics commission.

     (c)  Any contribution prohibited by this section shall escheat, as directed by the campaign spending commission, to the Hawaii election campaign fund.

     [(b)] (d)  For the purposes of this section[, "elected]:

     "Elected official" has the same meaning as in section 11‑342.

     "Session" has the same meaning as in section 11-365."

     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.

Report Title:

State Ethics Commission Package; Lobbyists; Contributions

Description:

Clarifies administrative oversight of statutory restrictions relating to prohibited lobbyist contributions.  Clarifies that the regular or special sessions in which lobbyist contributions are prohibited are periods during which both houses of the legislature are in session.  (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 LOBBYIST CONTRIBUTIONS.

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

     SECTION 1.  This Act clarifies administrative oversight of statutory restrictions relating to prohibited lobbyist contributions enacted in Act 128, Session Laws of Hawaii 2023.  Act 128 left concurrent administrative oversight to the campaign spending and state ethics commissions.

     For the purpose of administrative efficiency and streamlining of function, this Act clarifies that with respect to the statutory provisions created and amended by Act 128, the campaign spending commission shall have oversight of elected officials, candidates, candidate committees, and others required to file an organizational report with the campaign spending commission, and the ethics board or commission having jurisdiction over the lobbyist shall have oversight of lobbyists.

     This Act further clarifies that the regular or special sessions in which lobbyist contributions are prohibited are periods during which both houses of the legislature are in session.

     SECTION 2.  Section 11-365, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§11-365[]]  Contributions and expenditures by lobbyists prohibited during legislative session.  (a)  During any regular session or special session of both houses of the state legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321.  No elected official, candidate, candidate committee, or other individual required to file an organizational report pursuant to section 11-321 shall accept, or agree to accept at a later time, any contribution from a lobbyist during the specified period under this subsection.  Any contribution prohibited by this subsection shall escheat to the Hawaii election campaign fund.  A lobbyist alleged to have made a prohibited contribution to an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321 in violation of this section shall be administratively referred by the executive director to the ethics board or commission having jurisdiction over the lobbyist.

     (b)  For the purposes of this section:

     "Elected official" has the same meaning as in section 11‑342.

     "Lobbyist" means any person actively registered as a lobbyist with a state or county ethics board or commission."

     SECTION 3.  Section 97-5, Hawaii Revised Statutes, is amended to read as follows:

     "§97-5  Restricted activities.  (a)  No lobbyist shall accept or agree to accept any payment in any way contingent upon the defeat, enactment, or outcome of any proposed legislative or administrative action.  During any regular session or special session of the state legislature, including any extension of any regular session or special session and any legislative recess days, holidays, and weekends, and for five calendar days before and after a session, no lobbyist shall make, or promise to make at a later time, any contributions or expenditures to or on behalf of an elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321.

     (b)  An elected official, candidate, candidate committee, or any other individual required to file an organizational report pursuant to section 11-321, alleged to have received a prohibited contribution in violation of this section, shall be administratively referred by the state ethics commission executive director to the campaign spending commission.

     (c)  Any contribution prohibited by this section may escheat, as directed by the campaign spending commission, to the Hawaii election campaign fund.

     [(b)] (d)  For the purposes of this section[, "elected]:

     "Elected official" has the same meaning as in section 11‑342.

     "Session" means a period in which both legislative houses are in session."

     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.

Report Title:

State Ethics Commission Package; Lobbyists; Contributions

Description:

Clarifies administrative oversight of statutory restrictions relating to prohibited lobbyist contributions.  Clarifies that the regular or special sessions in which lobbyist contributions are prohibited are periods during which both houses of the legislature are in session.

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. 1421

Honolulu, Hawaii

RE:    H.B. No. 413

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 413, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO LOBBYIST CONTRIBUTIONS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Clarify administrative oversight of statutory restrictions relating to prohibited lobbyist contributions; and

     (2)  Clarify that the regular or special sessions in which lobbyist contributions are prohibited are periods during which both houses of the Legislature are in session.

     Your Committee received testimony in support of this measure from the Campaign Spending Commission and one individual.

     Your Committee finds that the Legislature enacted Act 128, Session Laws of Hawaii 2023 (Act 128), to reduce the perception that contributions made during certain periods are, or are intended, to influence decisions being made on pending legislation.  Act 128 left concurrent administrative oversight to the Campaign Spending Commission and State Ethics Commission.  However, your Committee further finds that the statutory provisions created by Act 128 require more clarity to specify the jurisdictions of the Campaign Spending Commission and State Ethics Commission.  This measure will reduce ambiguity by clarifying the respective enforcement authority of the Campaign Spending Commission and State Ethics Board or Commission.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 413, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 413, H.D. 1, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO.  816

Honolulu, Hawaii

                , 2025

RE:   H.B. No. 413

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred H.B. No. 413 entitled:

"A BILL FOR AN ACT RELATING TO LOBBYIST CONTRIBUTIONS,"

begs leave to report as follows:

     The purpose of this measure is to clarify:

     (1)  Administrative oversight of statutory restrictions relating to prohibited lobbyist contributions; and

     (2)  That the regular or special sessions in which lobbyist contributions are prohibited are periods during which both houses of the Legislature are in session.

     Your Committee received testimony in support of this measure from the Hawaiʻi State Ethics Commission and Campaign Spending Commission.

     Your Committee finds that this measure provides clarity as to which agencies have oversight of statutory restrictions relating to prohibited lobbyist contributions and clearly defines when lobbyist contributions are prohibited.

     Your Committee has amended this measure by:

     (1)  Adding a definition for "session";

     (2)  Clarifying that state lobbyists alleged to have made prohibited contributions will be referred to the State Ethics Commission; and

     (3)  Making technical, nonsubstantive amendments for the purposes of 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. 413, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 413, 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,