THE SENATE	S.B. NO.	1493
THIRTY-SECOND LEGISLATURE, 2023
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 legislature finds that contributions made during legislative sessions, including extended sessions or special sessions, can create the perception that the contribution is, or is intended to, influence decisions being taken on pending legislation. The legislature's passage of Act 283, Session Laws of Hawaii 2022, to prohibit elected state and county officials from holding fundraisers during regular and special sessions of the state legislature is one approach to restoring confidence in Hawai‘i's legislative process.

The legislature further finds that a number of states restrict or prohibit contributions from lobbyists during legislative sessions. According to the National Conference of State Legislatures, at least thirteen states have enacted such laws. Some extend the window where contributions cannot be made by lobbyists to the period when legislation from the regular session is awaiting gubernatorial action (Arizona and Colorado), a set period following the adjournment of a session (Iowa and Oklahoma), and to only allowing contributions during the election year for that candidate (Wisconsin). The legislature concludes that restricting lobbyists from donating, or promising to later donate, to an elected official during a legislative session and the five days before and after the session will further the goal of reducing undue influence and its appearance.

The purpose of this Act is to prohibit, during legislative sessions and shortly before and after, lobbyist contributions, and promises of contributions, to any elected official or to any candidate or candidate committee who has received contributions or made or incurred expenditures of more than $100 in the applicable election period requiring the filing of an organizational report with the campaign spending commission.

SECTION 2. Chapter 11, Hawaii Revised Statutes, is amended by adding a new section to part XIII, subpart E, to be appropriately designated and to read as follows:

"§11-__ Contributions 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 organization report pursuant to section 11-321. No elected official, candidate, or candidate committee, or other individual required to file an organization 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.

(b) For the purposes of this section:

"Elected official" shall have the same meaning as in section 11-342.

"Lobbyist" shall have the same meaning as in section 97-1."

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 organization report pursuant to section 11-321.

(b) For the purposes of this section:

"Elected official" shall have the same meaning as in section 11-342.

"Lobbyist" shall have the same meaning as in section 97-1."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Lobbyist Contributions; Legislative Session; Candidates; Prohibited

Description:

Prohibits, during legislative sessions and shortly before and after, lobbyist contributions, and promises of contributions, to any elected official or to any candidate or candidate committee who has received contributions or made or incurred expenditures of more than $100 in the applicable election period requiring the filing of an organizational report with the Campaign Spending Commission.

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