LobbyComply Blog

The Hawaii Legislature has fundamentally changed the landscape for government contractors by enacting House Bill 412. Effective January 1, 2027, this law expands the definition of “lobbying” to include certain procurement activities. If your organization pursues state contracts, these changes may require you to register as a lobbyist even if you have never considered your activities to be traditional lobbying.

Understanding the New Definition of Lobbying

Previously, Hawaii law defined lobbying primarily as communicating with officials to influence legislative or executive action or ballot issues. Under the new provisions of HB 412, lobbying now includes:

• Financial Disclosure Personnel: Communications with any person required to file financial disclosure statements with the state regarding the following procurement matters.
  • Contract Solicitation and Awards: Any communication regarding the solicitation or award of a contract by proposal before an administrative agency.
  • Vendor Relationships: Discussions concerning potential future vendor relationships with an administrative agency.

It is important to note that the law specifically excludes communications that are initiated by a legislator or a state employee.

Consequences of Non-Compliance

The state has introduced significant penalties to ensure adherence to these transparency requirements. Any contract or action entered into by the state that is found to be in violation of lobbying laws may be voidable within 60 days after a violation is determined. The Attorney General, in coordination with the affected purchasing agency, holds the authority to enforce these penalties.

Determining If You Must Register

Not every vendor interaction will trigger a registration requirement. Registration is typically based on specific thresholds, including:

• The amount of compensation received for lobbying activities.
• The total time spent lobbying during a specific reporting period or calendar year.
• The total expenditures made toward lobbying efforts.

Frequently Asked Questions

When do these procurement lobbying changes actually take effect? While the bill was enacted on May 16, 2025, the expanded definition, specifically targeting procurement and vendor relationships, does not take effect until January 1, 2027. This provides organizations a window to assess their current business development strategies and internal compliance protocols.

Does this mean every sales meeting with a state agency is now “lobbying”? Not necessarily. The law focuses on communications concerning the “solicitation or award of a contract by proposal” or “potential future vendor relationships”. Standard administrative inquiries or communications initiated by the state employee are generally excluded. However, because the line between “sales” and “influence” is now thinner, a formal assessment of your activities is highly recommended.

How can I stay updated on these and other state compliance changes? Rules regarding procurement and lobbying are subject to frequent shifts. For in-house teams who need a reliable reference, our Guidebooks provide up-to-date regional data and statutory summaries. If your organization requires a more tailored approach to navigate these new Hawaii requirements, our Consulting team offers hands-on assistance to ensure your procurement efforts remain compliant and your contracts secure.

On April 7, the North Bay City Council will discuss the possible implementation of a formal registry of lobbyists. The interest in a potential authorization of a registry was driven by Integrity Commissioner Guy Giorno’s letter to council written last fall concerning some of the mayor’s expenses, according to the North Bay Nugget. While an existing council code of conduct already limits gifts from lobbyists, Giorno emphasized the city has no method for determining whether lobbying of public officials is even occurring. The code of conduct defines a lobbyist as a person communicating with a councilmember for the purpose of influencing or attempting to influence them respecting an issue that is or may be pending before council or one of its standing Committees.

Want to keep up with lobbying, procurement, and corporate contribution compliance internationally? We have you covered. Learn more here.

Utah’s legislative session adjourned sine die on March 6 after 45 days in session. Lawmakers passed Senate Bill 145, which changes definitions related to lobbying and will remove procurement activities from registration requirements for educational and local lobbying. The bill raises limits on expenditures by lobbyists for public officials from $10 to $25 for nonfood expenditures, and to $50 for publications and commemorative items. The bill also creates exceptions to the definition of expenditure in relation to certain sporting events, performances, or exhibitions of a state institution of higher education or a private, nonprofit institution of higher education. The ban on contingency fees for legislative or executive lobbying is expanded to include all forms of lobbying. If signed by the governor, the bill will take effect May 6.

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We are pleased to congratulate Renae Bomba, Esq., Manager of Compliance Services at State and Federal Communications, on her 10-year anniversary with the company.

Renae began her career at State and Federal Communications in 2016 as a Research Associate. She advanced to Compliance Associate in 2017 and was promoted to Manager of Compliance Services in 2020. Throughout her tenure, Renae has been driven by a commitment to helping clients remain compliant while making their work easier and more efficient.

The Compliance team provides essential guidance to consulting clients on registrations, reporting requirements, and terminations, working closely with them to ensure compliance with lobbying and campaign contribution laws. Clear and consistent communication is critical, as state and local regulations are constantly evolving. State and Federal Communications’ continued investment in technology has also played an important role in supporting the growing and changing needs of clients.

“In the Compliance Department, you work with and learn the different filing systems and rules” Renae explained. “You talk with clients, help them to the best of your ability, and gather all the information needed to file reports correctly.”

Renae is a trusted expert within the Compliance Department, known for her deep familiarity with compliance systems and processes. She values her strong relationships with existing clients and enjoys guiding new clients as they integrate into State and Federal Communications’ systems and workflows.

When regulatory quirks or nuances create challenges during the filing process, Renae works directly with state agencies and organizations to advocate for clients and identify what may need to be fixed, clarified, or improved. Much of this work involves managing risk and understanding how differences in state rules—and changes to those rules—can impact clients.

The team at State and Federal Communications, Inc. is made up of experienced professionals you can trust. Learn more about how we support your compliance needs at https://stateandfed.com/services/.

Your Question: Where do I need to register after I lobbied in a state?

Our Expertise: Deciding whether and where you need to register is already a herculean task, as you must navigate the labyrinthine world of state compliance laws. Along the way, you may encountera divergence in the path: one route leads to state registration, another to local registration, and a third requires both.
Thankfully, we at State and Federal Communications are here to offer you a ball of thread to assist with navigating the myriad paths that make up state and local compliance.

The first step in determining where registration is required is identifying who or what you are lobbying. Local lobbying generally targets city councils, county boards, and municipal authorities, while state lobbying targets state legislatures, governors, and state agencies. One potential hazard is misunderstanding which level of government oversees the entity you are lobbying.

For example, is the water authority owned by the city, county, or state? Is a local college part of the state university system? Lobbying these peripheral governmental entities may require registration with the entity itself, the local municipality, the county, or the state, depending on its governance.

Once you understand the scope of your lobbying, the next step is to review the law and verify the registration threshold. Some localities have their own reporting systems, while some states include local-level lobbying in their registration threshold. This analysis is done by delving into the registration threshold, then focusing on the definition of lobbying. If the definition concentrates on “state legislatures or agencies,” local lobbying is excluded.

Next, check to see if the local municipality you are lobbying has its own lobbying law and determine whether local registration is required. Finally, if applicable, confirm that the entity itself does not require registration.

Want to keep up with all the newest happenings in lobbying, campaign finance, and procurement lobbying compliance? Sign up for our Compliance Now newsletter and never miss a beat – https://stateandfed.com/e-newsletter/

Seattle City Council recently passed an ordinance which requires political consultants to register with the Seattle Ethics and Elections Commission within 15 days of providing political consulting services. Political consultants will also be required to disclose information including which local candidates, campaigns, and city ballot measures they work with and when that work began. Initially the bill was intended to prohibit political consultants from simultaneously holding city contracts while doing outside campaign work and also provided for a one-year cooling-off period before consultants could return to work for the city after campaign activities. However, those prohibitions were removed, and the bill instead focuses on consultant registration and reporting. Council Bill 121130 will become effective 30 days after the mayor’s approval.

The Office of City Clerk recently announced a new and improved lobbyist registration and weekly reporting system, beginning in February 2026. The upgraded platform is intended to streamline the filling process and provide an overall enhanced user experience. Training resources will be provided on the city’s webpage and a training session will be recorded and made available for remote viewing. As part of the system rollout, the lobbyist registration deadline will be extended to February 28, 2026. Until further notice, the current system remains operational.

Make sure you understand pay-to-play regulations in your state. See all 50 states and nearly 300 jurisdictions in our online guidebooks. Check them out here.

Question: Do my salespeople need to be registered as lobbyists if they sell to the government?

Answer: More than half of the states consider at least some forms of selling to the government to be lobbying, so caution is definitely warranted. The states that require registration for procurement lobbying all have different approaches, so there is no one-size-fits-all response to this question.

The most important question is what engagements are considered to be procurement lobbying. Some states broadly consider any attempt to influence a contracting decision to be lobbying, and other states use an “outside of the normal procurement process” standard, meaning that registration is required for attempts to change the rules applicable to procurements, to change the substance of the RFP’s requirements, to go outside of established procedures, or to sell to high-ranking officials rather than the end users. Other states, such as Texas, require registration for procurement lobbying, but only when the contract reaches a certain value.

Once you determine your sales activities fall under the definition of lobbying, all the other concerns applicable to lobbyists apply, so your analysis is not complete. Registration thresholds and exceptions for expert testimony, for example, still need to be considered, so, if desired, you may be able to avoid registration through careful consideration of the type and extent your staff’s interactions with government.

One last key factor to consider before registering your staff is contingency fee bans, also known as success fee bans, and how they affect sales staff compensation. While many states acknowledge salespersons frequently receive sales commissions and carve out an exception for commissions paid to “bona fide” salespeople, many others view their contingency bans as applying to all lobbyists, which would prevent your staff from receiving such payments. It is always advisable to determine how you will handle staff compensation before making contacts with the government, as there will be times when it is best to avoid having your staff engage at all.

Further information about the lobbying laws in hundreds of cities, counties, and local agencies can be found in the Procurement Lobbying Compliance Laws section of the State and Federal Communications online guidebooks. Schedule your demo today – https://stateandfed.com/demo/