Bill
GM 1164
Act 064 assigns lobbyist contribution restrictions to the State Ethics Commission and clarifies enforcement, extending the prohibited period around sessions for lobbyists and relat
GM 1164 Summary: Act 064 (HB413, HD1, SD1) – Informing the Legislature of its Enactment
Overview
- Governing context: Act 064 clarifies administrative oversight of the lobbyist contribution restrictions enacted in Act 128 (2023). It delineates which state agencies oversee different actors under the combined framework of the Campaign Spending Commission (CSC) and the State Ethics Commission.
- Effective action: The Governor signed HB413 into law on May 16, 2025, making Act 064 effective upon approval.
What the Act does (Key Provisions)
1) Administrative oversight and split of duties
- Campaign Spending Commission (CSC) oversight: Applies to elected officials, candidates, candidate committees, and other individuals required to file an organizational report with the CSC.
- State Ethics Board/Commission oversight: Applies to lobbyists.
- This split aims to improve administrative efficiency and streamline enforcement by assigning responsibilities consistent with each body’s existing authority.
2) Session-related lobbying restrictions (definitions and scope)
- A “session” is defined as the period when both houses of the Hawaii Legislature are in session.
- Lobbyist contribution restrictions apply during legislative sessions, including any extensions of regular sessions, special sessions, and the period surrounding sessions (regular recess days, holidays, weekends).
- The act clarifies that the prohibition period covers five calendar days before and after a session.
3) Revisions to Hawaii Revised Statutes
- Section 11-365 (Contributions and expenditures by lobbyists prohibited during legislative session):
- Prohibits lobbyists from making or promising contributions or expenditures to or on behalf of elected officials, candidates, candidate committees, or other required organizational-report filers during the prohibited period.
- Prohibited contributions that are received are to escheat to the Hawaii Election Campaign Fund.
- Administrative referrals may occur between the Ethics Commission and CSC for violations.
- Clarifies definitions of “elected official,” “lobbyist,” and “session.”
- Section 97-5 (Restricted activities for lobbyists):
- Prohibits lobbyists from accepting contingent payments tied to legislative or administrative outcomes.
- Extends the same prohibited-period restrictions before, during, and after sessions, with escheat provisions for violations.
- Violations may trigger administrative referrals to the Ethics Commission.
- Definitions align with those in Section 11-365 and related sections.
4) Miscellaneous
- The act does not affect rights and duties that matured or penalties incurred before its effective date.
- Provisions are severable; if any part is invalid, the rest remains in effect.
- New statutory material is underscored; bracketed material is repealed.
Who is affected
- Lobbyists: subject to enhanced, clearly defined contribution restrictions and referral processes; must ensure compliance with the extended prohibition window around sessions.
- Elected officials, candidates, and candidate committees: subject to the same prohibited-period restrictions administered via CSC oversight.
- Organizations required to file organizational reports with the CSC: affected by the clarified oversight.
- State Ethics Commission and Campaign Spending Commission: their enforcement and referral roles are clarified and coordinated.
Timeline and Status
- Act 064 takes effect upon approval (May 16, 2025, as signed by the Governor).
- Legislative actions: HB413 SD1 passed and was signed into law; GM 1164 (Governor’s proclamation) confirms the enacted status.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
