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THE SENATE |
S.B. NO. |
2219 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO LOBBYING.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that transparent disclosure of lobbying activities is in the public interest. Under the lobbying law, chapter 97, Hawaii Revised Statutes, "lobbying" an administrative agency only regards formal rulemaking or other actions governed by section 91-3, Hawaii Revised Statutes. Including procurement discussions in the definition of "lobbying" promotes government transparency by providing the public with additional information regarding lobbying at the administrative agency level and promotes a level playing field for all businesses.
Accordingly, the purpose of this Act is to enhance government transparency by:
(1) Establishing certain presumptions regarding testimony when provided by a lobbyist;
(2) Making certain contracts voidable when entered into in violation of state lobbying law; and
SECTION 2. Chapter 97, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§97- Presumption of lobbying on behalf of
private clients. Any individual
with a substantial ownership interest in or a paid employee, officer, or
director of an organization, who actively participates in lobbying activities
that directly benefit that organization, shall be presumed to be receiving
compensation from the organization for their lobbying efforts.
§97- Contracts
voidable. In addition to any other penalty provided
by law, any contract or other action entered into by the State in violation of
this chapter is voidable on behalf of the State; provided that in any action to
void a contract pursuant to this section the interests of third parties who may
be damaged thereby shall be taken into account, and the action to void the contract
is initiated within sixty days after the determination of a violation under
this chapter. The attorney general shall
have the authority to enforce this section."
SECTION 3. Section 97-1, Hawaii Revised Statutes, is amended by amending the definition of "lobbying" to read as follows:
""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. Lobbying also includes communicating with any person identified in section
84-17(d) concerning the solicitation or award of a contract or proposal before
an administrative agency, or a potential future vendor relationship with an
administrative agency, if any of the communications are not governed by section
103D or section 103F. Communications about a request for proposals, contract, or
vendor relationship are not considered lobbying if they are initiated by a
legislator or state employee.
"Lobbying" shall not include the preparation and submission of a grant application pursuant to chapter 42F by a representative of a nonprofit organization."
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. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 1, 2027.
Report Title:
Ethics Commission Package; Lobbying; Presumptions; Testimony
Description:
Amends the definition of "lobbying" to include communications regarding procurement decisions with certain high-level government officials. Establishes certain presumptions regarding testimony when given by a paid person. Makes certain contracts voidable when entered into in violation of lobbying law. Takes effect 1/1/2027. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.