Hawaii legislators are currently considering legislation aimed at closing an existing loophole in lobbyist registration and reporting rules. Currently, a lobbyist is one who spends more than five hours in a month or $750 in a reporting period attempting to influence a ballot issue or legislative or administrative action.

The law is not clear, however, with regards to the activities and time to be included when determining if an individual meets the lobbyist threshold. As a result, it has been utilized as a way to avoid public disclosure.

House Bill 290 would close the loophole by amending the registration threshold. A lobbyist would include anyone paid or who expects to be paid more than $1,000 in a year for lobbying, anyone who spends five hours in one month or 10 hours in a calendar year on lobbying, or anyone who lobbies on three or more measures during a legislative session.

The bill is just one part of a legislative package supported by the Hawaii State Ethics Commission. The Commission is also supporting bills to increase fines for ethics and lobbying violations, to amend various definitions related to lobbying, to amend special session lobbyist reporting requirements, and to allow lobbyist employers to file notices of termination.

The Hawaii Senate convened a third special session last week to confirm two judicial appointments.

The Senate confirmed one judicial appointment for the District Family Court of the Third Circuit and another for the District Court of the Fifth Circuit.

The two-day special session began Tuesday and adjourned Wednesday, September 14.

Jan Yamane has been selected to fulfill the role of executive director and legal counsel for the Honolulu Ethics Commission, effective immediately. She is the former acting state auditor.

Yamane replaces Charles Totto, who stepped down from the position on June 15.

The Hawaii State Legislature adjourned its special session sine die on Wednesday, July 20.

Prior to adjournment, lawmakers voted to override Gov. David Ige’s veto of a bill to authorize severance benefits or early retirement incentives for employees who would be directly affected by the impending privatization of three state-run Maui County hospitals.

Hawaii legislators convened a special session Tuesday after Gov. David Ige vetoed a bill intended to assist state employees who will be affected when three Maui county hospitals are taken over by Kaiser Permanente on October 1.

The state must decide how to transition employees from state service to private service in the largest privatization project in modern state history. Lawmakers met briefly on Tuesday before breaking for recess; they will reconvene Monday.

Dan Gluck is the new executive director of the Hawaii State Ethics Commission. Gluck served as legal director of the American Civil Liberties Union of Hawaii before being unanimously selected by the commission. He replaces Les Kondo, who was appointed by the state Legislature to serve as state auditor.

Chuck Totto, executive director of the Honolulu Ethics Commission, resigned effective immediately.

Totto acknowledged some commissioners do not trust him to make important decisions. He blamed his resignation, in part, on his longstanding adversarial relationship with the administration of Mayor Kirk Caldwell.

Through a spokesperson, Caldwell thanked Totto for his service to the city. Caldwell will face off against Totto’s attorney, former Honolulu Mayor Peter Carlisle, in this year’s mayoral race.

Totto has not decided what he will do next, but confirmed he will not seek the vacant position leading the State Ethics Commission.

Several Honolulu departments and agencies will soon be moving into the recently renovated Kapalama Hale, a 55,000 square-foot building formerly known as the Sprint Building.

The first phase of relocation begins mid-June with the Department of Customer Service driver licensing and Satellite City Hall operations moving from City Square to the new facility. Other departments, including the Ethics Commission, are scheduled to move at a later date.

To minimize disruption of service to the public, the moves will occur on weekends with only one day of closure for each facility.

The number of municipalities and regional governments our research associates track continues to grow. We now cover almost 300 municipalities and local governments. This is part of a continuous effort to better serve the needs of our clients.

In that effort, we have added abridged jurisdictions to our website. These entries, condensed due to the limited number of relevant local laws, provide the core information our clients need for their government relations work.

The new jurisdiction is: Kauai County, Hawaii

The 28th Hawaii State Legislature adjourned its regular session sine die on May 5, 2016.

Among other things, lawmakers approved funding for air-conditioning in public schools, appropriated money for statewide homeless programs, increased funds for preschool programs to provide families with opportunities for school readiness, and focused on growing jobs and the state economy.

The Hawaii State Ethics Commission is currently accepting applications for Executive Director to replace former executive director and chief legal counsel, Leslie Kondo. The Legislature appointed Kondo as the new state auditor in April; his eight-year term began May 1.

Kondo spent the last five years cracking down on certain activities by lawmakers and issuing strict interpretations of the state ethics code. While no longer monitoring legislative ethics, Kondo believes his new position will allow him to continue to promote public confidence in state government.

The Honolulu Charter Commission is considering a proposal today to clarify conflict-of-interest provisions for city employees and officials. Current charter provisions prohibit employees and officials from soliciting or accepting any gift, directly or indirectly, if it can reasonably be inferred the gift is intended to influence the officer or employee in the performance of official duties. The new proposal would prohibit only those gifts intended to influence an officer or employee in the performance of official duties and benefiting the official, his or her family, or individuals or organizations with which he or she has a past, present, or future connection.

Proponents argue the proposal creates a clear standard of conduct, while opponents claim the changes would make it more difficult to enforce gift restrictions in the future. It is inherently difficult to prove the intent behind a gift or the existence of a connection with the recipient. The proposal, therefore, will likely result in individuals, namely lobbyists, avoiding penalties. Interestingly enough, several commission members are current or former lobbyists, or work for organizations employing lobbyists.

Kaua`i County lobbyists will soon be required to register with the county clerk within five days of engaging in lobbying. The mayor signed a new lobbying ordinance on March 30, after council unanimously adopted the measure the week before. The ordinance defines a lobbyist as one who is compensated for more than five hours in any month to communicate with a state or county officer or employee with the purpose of influencing any legislative or administrative action.

Spending more than $750 on lobbying during any reporting period will require registration even if the five-hour threshold is not met. Lobbyists, lobbyist employers, and individuals spending $750 or more on lobbying must file an annual statement of expenditures on or before January 31, covering the previous calendar year.

A violation of the lobbying ordinance may result in an administrative fine for each violation, as well as suspension or revocation of lobbyist registration. The lobbying ordinance is effective July 28, 2016.

Chuck Totto, executive director of the Honolulu Ethics Commission, is on leave following an internal personnel investigation. The commission received a complaint regarding Totto’s management of staff and hired an independent investigator.

Totto has been the executive director for over a decade, but has publically struggled to get along with Mayor Kirk Caldwell and his appointees on the commission for the past three years. Conflict emerged in 2013 when Totto investigated the mayor’s inaugural luau, an event largely funded by lobbyists and city contractors.

Totto has been on leave since March 1 and is expected to return on April 4.