Hawaii 2023 Regular Session

Hawaii House Bill HB715 Compare Versions

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

Old	New	Differences
1	1	HOUSE OF REPRESENTATIVES H.B. NO. 715 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO GIFTS FROM LOBBYISTS. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
2	2
3	3	HOUSE OF REPRESENTATIVES H.B. NO. 715
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
6	6
7	7	HOUSE OF REPRESENTATIVES
8	8
9	9	H.B. NO.
10	10
11	11	715
12	12
13	13	THIRTY-SECOND LEGISLATURE, 2023
14	14
15	15
16	16
17	17	STATE OF HAWAII
18	18
19	19
20	20
21	21
22	22
23	23
24	24
25	25
26	26
27	27
28	28
29	29
30	30
31	31	A BILL FOR AN ACT
32	32
33	33
34	34
35	35
36	36
37	37	RELATING TO GIFTS FROM LOBBYISTS.
38	38
39	39
40	40
41	41
42	42
43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
44	44
45	45
46	46
47	47	SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9 (2022) to establish the commission to improve standards of conduct. The resolution requests the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules. Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented, submitted an interim report to the house of representatives outlining areas of immediate and long-term focus, then continued its work with input from the public and invited individuals and agencies to issue a final report with various recommendations and accompanying proposed legislation. The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals. Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct by prohibiting lobbyists from making certain gifts to legislators and state employees. SECTION 2. Chapter 97, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§97- Unlawful gifts by lobbyists. (a) It shall be unlawful for a lobbyist or any person or entity required to file a statement of expenditures under section 97-3 to make gifts to a legislator or employee that are prohibited by section 84-11 or title 21 Hawaii Administrative Rules chapter 7. (b) For the purposes of this section, "employee" shall have the same meaning as defined in section 84-3." SECTION 3. Section 97-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows: "(a) Any person [who:] or entity that: (1) Negligently fails to file any statement or report required by this chapter; (2) Negligently files a statement or report containing false information or material omission of any fact; (3) Engages in activities prohibited by section 97-5; [or] (4) Fails to provide information required by section 97‑2 or 97-3; or (5) Makes a gift in violation of section 97- ; shall be subject to an administrative fine imposed by the state ethics commission that shall not exceed $1,000 for each violation of this chapter. All fines collected under this section shall be deposited into the general fund." 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. INTRODUCED BY: _____________________________
48	48
49	49	SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9 (2022) to establish the commission to improve standards of conduct. The resolution requests the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules.
50	50
51	51	Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented, submitted an interim report to the house of representatives outlining areas of immediate and long-term focus, then continued its work with input from the public and invited individuals and agencies to issue a final report with various recommendations and accompanying proposed legislation.
52	52
53	53	The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals.
54	54
55	55	Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct by prohibiting lobbyists from making certain gifts to legislators and state employees.
56	56
57	57	SECTION 2. Chapter 97, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
58	58
59	59	"§97- Unlawful gifts by lobbyists. (a) It shall be unlawful for a lobbyist or any person or entity required to file a statement of expenditures under section 97-3 to make gifts to a legislator or employee that are prohibited by section 84-11 or title 21 Hawaii Administrative Rules chapter 7.
60	60
61	61	(b) For the purposes of this section, "employee" shall have the same meaning as defined in section 84-3."
62	62
63	63	SECTION 3. Section 97-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
64	64
65	65	"(a) Any person [who:] or entity that:
66	66
67	67	(1) Negligently fails to file any statement or report required by this chapter;
68	68
69	69	(2) Negligently files a statement or report containing false information or material omission of any fact;
70	70
71	71	(3) Engages in activities prohibited by section 97-5; [or]
72	72
73	73	(4) Fails to provide information required by section 97‑2 or 97-3; or
74	74
75	75	(5) Makes a gift in violation of section 97- ;
76	76
77	77	shall be subject to an administrative fine imposed by the state ethics commission that shall not exceed $1,000 for each violation of this chapter. All fines collected under this section shall be deposited into the general fund."
78	78
79	79	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.
80	80
81	81	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.
82	82
83	83	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
84	84
85	85	SECTION 7. This Act shall take effect upon its approval.
86	86
87	87
88	88
89	89	INTRODUCED BY: _____________________________
90	90
91	91	INTRODUCED BY:
92	92
93	93	_____________________________
94	94
95	95
96	96
97	97
98	98
99	99	Report Title: Commission to Improve Standards of Conduct; Lobbyists; Gifts; Legislators; State Employees; Administrative Fine Description: Prohibits lobbyists from making prohibited gifts to legislators and state employees. Imposes administrative fines for violations. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
100	100
101	101
102	102
103	103
104	104
105	105
106	106
107	107	Report Title:
108	108
109	109	Commission to Improve Standards of Conduct; Lobbyists; Gifts; Legislators; State Employees; Administrative Fine
110	110
111	111
112	112
113	113	Description:
114	114
115	115	Prohibits lobbyists from making prohibited gifts to legislators and state employees. Imposes administrative fines for violations.
116	116
117	117
118	118
119	119
120	120
121	121
122	122
123	123	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.