LobbyComply Blog

The Hawaii State Senate will convene a special session Tuesday, July 27 to review judicial appointments.

The special session will only address the judicial appointments of Dan Gluck to the Intermediate Court of Appeals and Lesley Maloian to the District Family Court of the First Circuit.

The Senate will convene in a floor session on Wednesday, July 28 at 10 a.m. followed by a separate decision-making meeting of the Judiciary Committee at 10:30 a.m.

Final Senate votes on the appointments are expected on Thursday, July 29 at 11 a.m.

A lobbyist and employer activity report must be filed if expenditures or contributions are made relating to legislative action considered during the special session. Any such report would be due within 30 days of adjournment sine die of the special session covering the period from May 1 through the adjournment sine die date.

The special session of the Hawaii Legislature adjourned sine die July 8, spanning a brief two days.

Lawmakers made several corrections to the state budget at the suggestion of Gov. David Ige and overrode six veto measures, including House Bill 53, the legal mechanism that authorizes the state government to borrow more than $1 billion in the next two fiscal years to fund construction projects.

The session end triggers a lobbyist and employer activity report due August 7, which is 30 days after adjournment sine die of the special session. The report will cover the period from May 1 through July 8 and applies to and includes only those expenditures and contributions relating to legislative action considered during the special session. Expenditures and contributions included in the report do not need to be included by the person filing the report in any subsequent statement of expenditures. 

Lawmakers will return to the Hawaii State Capitol on Tuesday, July 6 to consider overriding Gov. David Ige’s vetoes of measures the Legislature approved this year, and to make some necessary fixes to bills that deal with state finances.

Gov. Ige said he intends to veto 28 bills passed by his fellow Democrats, which is an unusually high number.

The governor is not required to veto all 28 bills and still has the option of signing some of them or allowing them to become law without his signature. That makes it difficult for lawmakers to precisely plan their response, since they do not know yet which measures Gov. Ige will finally reject.

The governor has until 11:59 p.m. on July 6 to veto measures passed this spring. If he takes no action by that date, the bills will then become law with or without his signature.

Gov. Ige has also said he needs amendments to some budget bills because lawmakers specified in the budget the state must use federal funds from the American Rescue Plan Act to repay more than $300 million in bond debt.

The federal government does not allow the state to use pandemic relief funding to pay down debt, and lawmakers will thus need to appropriate money from other sources to cover state borrowing.

That means lawmakers must approve a fix that will ensure the state meets its debt obligations. If the governor and the Legislature can agree on language that would accomplish that, lawmakers can approve an amendment with a simple majority next month without a veto override.

The special session affects lobbyist reporting. A lobbyist and employer activity report must be filed within 30 days of adjournment sine die of any special session covering the period from May 1 through adjournment sine die of the special session. The report applies to and includes only those expenditures and contributions relating to legislative action considered during the special session. Expenditures and contributions included in the report do not need to be included by the person filing the report in any subsequent statement of expenditures.

The Hawaii Campaign Spending Commission electronic filing systems will be down and offline for scheduled maintenance on Thursday, May 13 from 8 a.m. to noon.

The offline systems will include the candidate filing system, noncandidate committee filing system, and the noncandidate committee import system.

During this downtime, new candidate and noncandidate committees will not be able to electronically file the Organizational Report to register with the commission, and currently registered candidate and noncandidate committees will not be able to enter campaign spending data and electronically file disclosure reports or any other reports.

Currently registered noncandidate committees will also not be able to import contribution and expenditure data into the noncandidate committee filing system.

Additionally, campaign spending reports filed by candidate committees and noncandidate committees will not be accessible on the candidate filing system and noncandidate committee filing system public sites during this downtime.

However, the candidate and noncandidate committee data visualizations and the candidate and noncandidate committee searchable databases are still accessible.

The 31st session of the Hawaii Legislature will adjourn sine die on April 29 after 55 days in session.

During the legislative session, lawmakers introduced several bills related to campaign finance and lobbying laws.

Senate Bill 0166, related to campaign finance, prohibits foreign nationals and foreign corporations from making independent expenditures. The bill requires every corporation that contributes or expends funds in a state election to file a statement of certification regarding its limited foreign influence.

Additionally, the bill requires noncandidate committees making only independent expenditures to obtain a statement of certification from each top contributor required to be listed in an advertisement. If passed, the bill would become effective immediately.

Senate Bill 0557, relating to administrative action lobbying, expands the definition of administrative action for purposes of the lobbying laws to include granting or denying applications for business or development-related permits, licenses, or approvals.

The bill also clarifies that lobbying laws apply to lobbying by the executive branch. If passed, the bill would become effective September 1, 2021.

Bills signed by Gov. David Ige will go into effect July 1. Bills not signed by the governor will take effect 90 days after adjournment sine die.

The Hawaii Ethics Commission administrative rules on gifts and lobbying are now live.

Additionally, optional lobbyist training sessions will take place on the mornings of January 6, 2021 and January 12, 2021 at 10 a.m.

Title 21 of the Hawaii Administrative Rules provides greater clarity on lobbyist registration and reporting requirements of the Hawaii Revised Statutes and memorializes longstanding ethics commission advice.

Noteworthy rule provisions include the requirement that expenditures are reported on an accrual basis, and a lobbyist registration exemption for individuals who work behind the scenes to draft testimony, research, and work under the direction of a registered lobbyist without directly communicating with legislative or executive branch officials.

Lobbyists interested in attending either of the training sessions may register at: https://ethics.hawaii.gov/ethicstraining_schedule/.

The Hawaii Legislature will resume its session on June 22 to address budget issues, COVID-19, and police discipline measures.

The Legislature previously recessed on May 22 after passing legislation storing more than $1 billion in the general fund.

Now lawmakers will need to pass a balanced budget of approximately $413 million for the fiscal year.

In terms of law enforcement reform, lawmakers will consider a proposal to require police to intervene when they see their fellow officers involved in potentially unlawful situations.

The legislative session is expected to adjourn sine die on July 10.

This does not affect lobbyist reporting.

On April 24, the Hawaii State Ethics Commission further extended the deadline for lobbyist and employer activity reports to June 1 in response to COVID-19.

Originally, reports for the January 1 to February 29 period were due on March 31.

The stay-at-home orders prompted the commission to extend the deadline to April 30.

Now the deadline has been further extended to June 1.

This does not affect lobbyist and employer activity reports due June 1 for the reporting period of March 1 to April 30.

The Democratic Party of Hawaii announced the Democrat presidential primary election will take place on May 22 via mail-in ballots.

The election had originally been scheduled for April 4, but in-person voting was cancelled due to COVID-19 concerns.

To accommodate those who planned to vote in person, the party won’t count the ballots until late May to allow time for the extra round of ballots to be mailed, filled out, and returned.

Voters have until April 4 to register with the party and request a ballot.

The Hawaii State Ethics Commission has rescheduled its public hearing on proposed administrative rules concerning amendments to state lobbying and gift laws for May 7.

Due to COVID-19 concerns, the original date of March 19 was postponed.

The proposals include:

• Clarifications as to what activities constitute lobbying
• Exclusions from lobbyist registration requirements
• A requirement that expenditures be reported on an accrual rather than cash basis

Additionally, the proposals would amend prohibitions on certain kinds of gifts, valuation of gifts, and gift disclosure statements.

The Hawaii State Ethics Commission will hold a special meeting on Friday, March 27, in response to COVID-19.

Currently, lobbyist and employer activity reports are due on Tuesday, March 31, for the period of January 1 to February 29.

Additionally, Commission members will consider issuing an order to extend the deadline to April 30.

Despite previous reports on March 17 that the Hawaii Campaign Spending Commission will remain open, it is now closed to the public as of March 20.

Commission staff are available remotely at (808) 586-0285 during regular business hours for assistance.

This does not affect noncandidate committee filing deadlines.

Due to COVID-19 concerns, the Hawaii State Ethics Commission has postponed its public hearing on proposed administrative rules concerning amendments to state lobbying and gift laws scheduled for March 19.

While a new date has not been established, the ethics commission indicated the public hearing will likely take place in early May.

The proposals include:

• • Clarifications as to what activities constitute lobbying
  • Exclusions from lobbyist registration requirements
  • Requirements that expenditures be reported on an accrual rather than cash basis

Additionally, the proposals amend prohibitions on certain kinds of gifts, valuation of gifts, and gift disclosure statements.

The Hawaii Campaign Spending Commission is fully operational and has implemented preventative measures in line with COVID-19 precautions.

Staff are following the recommendations of the Centers for Disease Control and Prevention, and the Hawaii State Department of Health on the importance of hygiene etiquette.

The Campaign Spending Commission remains committed to maintaining the integrity and transparency of campaign finance in the 2020 election.

As such, noncandidate committee reports will still need to be timely filed.

Additionally, contact information should be up to date in each organizational report.

To check the status of an organizational report, log in to the noncandidate Filing System.

After logging in, click on “Edit Organizational Report” under the Administration tab.