Hawaii 2022 Regular Session

Hawaii Senate Bill SB557 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 557 THIRTY-FIRST LEGISLATURE, 2021 STATE OF HAWAII A BILL FOR AN ACT relating to lobbying. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 557
4	4	THIRTY-FIRST LEGISLATURE, 2021
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7	7	THE SENATE
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9	9	S.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2021
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to lobbying.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that current laws relating to lobbying already apply to the procurement of goods and services and to the adoption of administrative rules. The legislature further finds that the state procurement code should be expanded to include granting or denying applications for business or development-related permits and licenses. The purpose of this Act is to: (1) Expand the definition of "administrative action" in section 97-1, Hawaii Revised Statutes, to include the granting or denying of an application for a business or development-related permit, license, or approval as required by state law; and (2) Clarify that lobbying laws apply to lobbying by the executive branch. SECTION 2. Section 97-1, Hawaii Revised Statutes, is amended by amending the definitions of "administrative action" and "administrative agency" to read as follows: "Administrative action" means [the]: (1) The proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3[.]; or (2) The granting or denying by an administrative agency of an application for a business or development-related permit, license, or approval as required by state law. "Administrative agency" means a commission, board, agency, or other body, or official in the state government, including the executive branch, that is not a part of the legislative or judicial branch." SECTION 3. Section 97-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows: "(e) This chapter shall not apply to: (1) Any individual who represents oneself and not any other person before the legislature or administrative agency; provided that the individual shall file a statement of expenditures if the individual meets any of the provisions of section 97-3(a); (2) Any federal, state, or county official or employee acting in the official's or employee's official capacity, unless the federal, state or county official, or employee contracts for the services of a lobbyist; (3) Any elected public official acting in the public official's official capacity, unless the public official contracts for the services of a lobbyist; (4) Any newspaper or other regularly published periodical or radio or television station, including any individual who owns, publishes, or is employed by a newspaper or periodical or radio or television station, while publishing in the regular course of business news items, editorials[,] or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislative or administrative action; (5) Any attorney who advises the attorney's clients on the construction or effect of proposed legislative or administrative action; provided that [such] the attorney shall register if the attorney meets the definition of "lobbyist" as defined in section 97-1; and (6) Any person who possesses special skills and knowledge relevant to certain areas of legislation, whose skills and knowledge may be helpful to the legislative and executive branches of state government, and who makes an occasional appearance at the request of the legislature [or], an administrative agency, or [the] a lobbyist [even though receiving] regardless of whether the person receives reimbursement or other payment from the legislature [or], an administrative agency, or [the] a lobbyist for the appearance." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect on September 1, 2021. INTRODUCED BY: _____________________________
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49	49	SECTION 1. The legislature finds that current laws relating to lobbying already apply to the procurement of goods and services and to the adoption of administrative rules. The legislature further finds that the state procurement code should be expanded to include granting or denying applications for business or development-related permits and licenses.
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51	51	The purpose of this Act is to:
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53	53	(1) Expand the definition of "administrative action" in section 97-1, Hawaii Revised Statutes, to include the granting or denying of an application for a business or development-related permit, license, or approval as required by state law; and
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55	55	(2) Clarify that lobbying laws apply to lobbying by the executive branch.
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57	57	SECTION 2. Section 97-1, Hawaii Revised Statutes, is amended by amending the definitions of "administrative action" and "administrative agency" to read as follows:
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59	59	"Administrative action" means [the]:
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61	61	(1) The proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any rule or other action governed by section 91-3[.]; or
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63	63	(2) The granting or denying by an administrative agency of an application for a business or development-related permit, license, or approval as required by state law.
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65	65	"Administrative agency" means a commission, board, agency, or other body, or official in the state government, including the executive branch, that is not a part of the legislative or judicial branch."
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67	67	SECTION 3. Section 97-2, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
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69	69	"(e) This chapter shall not apply to:
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71	71	(1) Any individual who represents oneself and not any other person before the legislature or administrative agency; provided that the individual shall file a statement of expenditures if the individual meets any of the provisions of section 97-3(a);
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73	73	(2) Any federal, state, or county official or employee acting in the official's or employee's official capacity, unless the federal, state or county official, or employee contracts for the services of a lobbyist;
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75	75	(3) Any elected public official acting in the public official's official capacity, unless the public official contracts for the services of a lobbyist;
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77	77	(4) Any newspaper or other regularly published periodical or radio or television station, including any individual who owns, publishes, or is employed by a newspaper or periodical or radio or television station, while publishing in the regular course of business news items, editorials[,] or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislative or administrative action;
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79	79	(5) Any attorney who advises the attorney's clients on the construction or effect of proposed legislative or administrative action; provided that [such] the attorney shall register if the attorney meets the definition of "lobbyist" as defined in section 97-1; and
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81	81	(6) Any person who possesses special skills and knowledge relevant to certain areas of legislation, whose skills and knowledge may be helpful to the legislative and executive branches of state government, and who makes an occasional appearance at the request of the legislature [or], an administrative agency, or [the] a lobbyist [even though receiving] regardless of whether the person receives reimbursement or other payment from the legislature [or], an administrative agency, or [the] a lobbyist for the appearance."
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83	83	SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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85	85	SECTION 5. This Act shall take effect on September 1, 2021.
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89	89	INTRODUCED BY: _____________________________
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91	91	INTRODUCED BY:
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93	93	_____________________________
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99	99	Report Title: Lobbyists; Executive Branch; Administrative Action Description: Expands the definition of "administrative action" in lobbyist law to include granting or denying applications for business or development-related permits, licenses, or approvals. Clarifies that lobbying laws apply to lobbying by the executive branch. Effective 9/1/2021. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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107	107	Lobbyists; Executive Branch; Administrative Action
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113	113	Expands the definition of "administrative action" in lobbyist law to include granting or denying applications for business or development-related permits, licenses, or approvals. Clarifies that lobbying laws apply to lobbying by the executive branch. Effective 9/1/2021.
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121	121	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.