LobbyComply Blog

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.

The House and Senate leadership announced on March 16 that the 60-day legislative session is going into an immediate recess expected to last eight weeks.

Legislators are following the recent guidance from the Centers for Disease Control and Prevention.

The guidelines urge the public to refrain from gathering in groups of more than 50 people for the next eight weeks to curtail the spread of COVID-19.

The session will resume where it left off subject to the call of Senate President Ron Kouchi and House Speaker Scott Saiki.

This does not affect lobbyist reporting.

The Hawaii State Ethics Commission will hold a public hearing on its proposed administrative rules on March 19.

These proposals will include amendments to the state lobbying and gift laws.

The committee will also review changes to Title 21, addressing procedures such as issuing advisory opinions.

Decisions on the proposed rules will either take place at the conclusion of the public hearing or at a properly noticed meeting of the ethics commission.

The Campaign Spending Commission released a statement indicating that the State Office Tower will have a security guard stationed in the lobby.

This will begin March 2 due to heightened security measures.

All visitors to the building must sign in and out with the security guard and will be asked to provide a photo ID.

Additionally, all visitors will be issued a visitor pass at check-in, which must be returned to the security guard at check-out.

Voters in the November 3 election will decide whether the Honolulu prosecuting attorney should be limited to two consecutive four-year terms.

Honolulu City Council members voted unanimously on January 29 to add the measure to the 2020 election ballot.

Voters last addressed a potential term limit on the prosecutor in 2016.

That year, citizens voted down a measure that would have established a three-year term limit for the prosecuting attorney, the mayor and council members.

After nearly 10 years in the state House, Rep. Chris Lee will not run for re-election for his House District 51 seat.

Lee’s focus is now on the state Senate seat representing District 25.

The Senate District 25 seat is open because incumbent Laura Thielen is not seeking another term.