Report Title:

Lobbyists; Administrative Action

 

Description:

Expands the regulation of lobbyists to include the lobbying for administrative action extending beyond rulemaking.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

976

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to lobbyists.

 

 

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

 


     SECTION 1.  Although Hawaii requires registration and disclosure by lobbyists attempting to influence legislative or administrative action, the statutory definition of "administrative action" is limited to certain rulemaking subject to chapter 91, Hawaii Revised Statutes, relating to administrative procedure.

     Recent scandals at the federal level involving contacts between lobbyists and executive branch officials have shown the need for increased public awareness and scrutiny of lobbyists' efforts to influence executive branch officials and employees.

     The purpose of this Act is to provide for increased disclosure of attempts to influence decisions of the governor and other executive agencies, by expanding the law relating to lobbyists to include the lobbying for administrative action extending beyond rulemaking.

     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 proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule, regulation, or other action governed by section 91-3.] any act by an administrative agency to effectuate the public powers, functions, or duties of an administrative agency, including but not limited to any act:

         (A)  In the nature of policymaking, rulemaking, adjudication, licensing, regulation, or enforcement;

         (B)  Relating to contracts, requests for proposals, development of specifications, or engaging another person to perform a governmental function;

         (C)  To formulate, adopt, amend, or repeal any rule governed by section 91-3;

         (D)  To adopt, amend, or repeal any fee imposed on the affairs, actions, or persons regulated by an administrative agency; or

         (E)  To affect the passage, defeat, or implementation of any legislation.

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

          "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.

    [(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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2007.

 

INTRODUCED BY:

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