Hawaii Ethics Commission Approves Administrative Rules
on Lobbying, Gifts

Joanna Kamvouris, J.D.
Manager, Research Services

After several months of delay due to COVID-19, the Hawaii Ethics Commission approved a package of proposals on June 18 to amend and adopt portions of the Hawaii Administrative Rules related to lobbying and gifts. Amendments include changes to the statement of contribution and expenditures, updated definitions for lobbying, and new valuation rules for gifts. The rules were approved by the Department of the Attorney General and are now pending review by the governor. Once approved, the rules will be posted with the Office of the Lieutenant Governor for 10 days before becoming effective.

Statement of Contribution and Expenditures

Rule Section 21-10-5 addresses the statutory requirement for statements of contributions and expenditures to be filed by up to three different entities including the client, the employing organization, and the lobbyist. The new rule creates a single, client-based report that avoids double or triple reporting. This also eliminates the practice of having lobbyists submit expenditure reports listing “zero” expenditures when all expenditures are covered by the client or the employing organization.

Direct and Grassroots Lobbying

Rule Section 21-10-1 contains definitions of direct lobbying and grassroots lobbying to clarify both direct and indirect lobbying are covered by the statute. Direct lobbying is defined as any oral or written communication with a legislator, an employee, intern, or volunteer of the Legislature or an agency that would appear to a reasonable person to be an attempt to influence legislation or rulemaking. Grassroots lobbying is defined as any oral or written communication directed at any member of the public that expresses an opinion about existing or potential legislation, administrative rules, or ballot issues and includes an explicit or implied call to action.

Valuation of Gifts

Rule Section 21-7-6 defines the value of a gift as the cost a member of the public would reasonably expect to incur to purchase the item. For example, if the face value of a ticket to an event is $100, but tickets on the secondary market are $500 at the time the ticket is offered, the value of the ticket is $500.

[The details for this article will be updated on our website in the Hawaii Definitions, Gift Law, Grassroots Lobbying, and Reports Required sections of the U.S. Lobbying Compliance Laws. Updates to Hawaii Definitions, Gift Law, and Reports Required will also appear in the U.S. Procurement Lobbying Compliance Laws.]
 

Michael Beckett, Esq.,
Associate Director, Research Services

LOUISIANA: Lobbyists can spend a bit more on state lawmakers and other public officials. When the new budget year began on July 1, the lobbying limit on food and drink for a public official edged up $1 per person per occasion. The new limit per person at an event is $63. When the lobbying cap was first enacted, the limit was $50 per occasion. The 2008 law setting the limit allows an annual adjustment tied to increases in the federal Consumer Price Index for food and beverages. The index rose 1.8 percent in the last year. 

MISSOURI: Gov. Mike Parson approved House Bill 1386, modifying the definition of legislative lobbyist for purposes of lobbying laws to exclude legislative liaisons. Legislative liaison is defined as any state employee hired to communicate with members of the General Assembly on behalf of any elected official of the state, the judicial branch of state government, or any department, agency, board, or commission of the state, provided such entity is a part of the executive branch of state government. Any state employee employed as a legislative liaison who performs lobbying services for any other entity must register as a lobbyist with respect to such lobbying services. The law becomes effective August 28, 2020.

NEVADA: The Legislative Counsel Bureau gave notice the requirements for registration and reporting of lobbyist activities will not be applicable to the upcoming special session. Due to the COVID-19 pandemic and the need to prevent the potential spread of the virus, access to the legislative building during the upcoming special session will be limited to legislators, essential staff, and a small press pool. All floor sessions and committee meetings will be livestreamed through both the Legislature’s website and YouTube. In addition, the teleconference system will allow individuals to call in to participate in the legislative process. Written comments available to Legislators will be accepted by email, fax, and mail.

OAKLAND, CALIFORNIA: The Public Ethics Commission has launched the OAKAPPS Lobbyist Registration and Reporting System. This system allows users to register as an Oakland lobbyist, maintain a client list, enter lobbyist activity, draft disclosure reports, and submit them online. In order to use the system, a user name and password is needed. The system is available at https://apps.oaklandca.gov/OakApps/OakApps.aspx.

WISCONSIN: The Ethics Commission adopted a formal opinion stating lobbyists may make a campaign contribution during the contribution window to officeholders and candidates of partisan elective state office, regardless of whether the individual is on the ballot. The contribution window begins the first day authorized by law for the circulation of nomination papers as a candidate for a general election or special election and closes the day of the general or special election. A contribution to a candidate for legislative office may only be made during the period if the Legislature has concluded its final floor period and is not in special or extraordinary session. The contribution window opened on May 14 and will close on November 3.

At any given time, more than 1,000 legislative bills, which can affect how you do business as a government affairs professional, are being discussed in federal, state, and local jurisdictions. These bills are summarized in State and Federal Communications' digital encyclopedias for lobbying laws, political contributions, and procurement lobbying and can be found in the client portion of our website.

Summaries of major bills are also included in monthly email updates sent to all clients. The chart below shows the number of bills we are tracking regarding lobbying laws, political contributions, and procurement lobbying.

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