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Home My WebLink AboutORD 1984-077 1984-1988BILL N0. 1134 (Draft 2) COUNTY OF HAWAII - STATE OF HAWAII ORDINANCE N0. S~} '7"I AN ORDINANCE RELATING TO LOBBYIST REGISTRATION. BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII: SECTION 1. Chapter 2, article 15, of the Hawaii County Code is hereby amended by adding a new section 2-91.3 to read as follows: "Section 2-91.3. Lobbyist registration. (a) Definitions. When used in this section: (1) 'Administrative action' means the proposal, drafting, consideration, amendment, enactment, or defeat by any administrative agency of any matter pending or proposed before the administrative agency, except ministerial matters. (2) 'Administrative agency' means a commission, board, agency, or other body, or official in the County government that is not a part of the legislative branch. (3) 'Contribution' means a gift, subscription, forgiveness of a loan, advance, or deposit of money, or anything of value and includes a contract, promise, or agreement, whether or not enforceable, to make a contribution. (4) 'Expenditure' means a payment, distribution, forgiveness of a loan, 'advance, deposit, or gift of money, or anything of value and includes a contract, promise, dr agreement, whether or not enforceable, to make an expenditure. It does not include the expenses of preparing written testimony and exhibits for a hearing before the council or an administrative agency. (5) 'Legislative action' means the sponsorship, drafting, introduction, consideration, modification, enactment, or defeat of any bill, resolution, amendment, report, nomination, appointment, or any other matter pending or proposed in the council. (6) 'Lobbyist' means any individual engaged for pay or other consideration who spends more than five hours in any month or $275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials. (7) 'Lobbying' means communicating directly or through an agent, or soliciting others to communicate, with any official in the legislative or executive branch, for the purpose of influencing any legislative or administrative action. -2- (8) 'Person' means a corporation, individual, union, association, firm, sole proprietorship, partnership, committee, club, or any other organization, or a representative of a group of persons acting in concert. (b) Registration of lobbyists, requirements. (1) Every lobbyist shall file a registration form with the County clerk within five days of becoming a lobbyist. (2) Each lobbyist shall provide and certify the following information: (A) The name, m~ ling address, and business telephone n~nber of the lobbyist. (B) The name and principal place of business of each person by whom the lobbyist is retained or employed or on whose behalf he appears or works and a written authorization to act as a lobbyist from each person by whom he is employed or with whom he contracts. (C) The subject areas on which the lobbyist expects to lobby. (3) A lobbyist shall report any change in any of the information contained in the registration statement within ten days after the change has occurred. -3- (4) A lobbyist shall file a notice of termination within ten days after he ceases the activity which required his registration. The lobbyist and the employer of the lobbyist shall remain subject, however, to the requirements of this article for the period during which the registration was effective. (5) This section shall not apply to: (A) Any individual who represents himself and not any other person before the council or administrative agency; (B) Any Federal, State, or County official or employee acting in his official capacity; (C) Any elected public official acting in his official capacity; (D) Any newspaper or other regularly published periodical or radio or television station (including any individual who owns, publishes, or is employed by a newspaper or periodical or radio or television station) while publishing in the regular course of business news items, editorials, or other comments, or paid advertisements, which directly or indirectly urge the passage or defeat of legislative or administrative action; -4- (E) Any attorney who advises his clients on the construction or effect of proposed legislative or administrative action; and (F) Any person who possesses special skills and knowledge relevant to certain areas of legislation, whose skills and knowledge may be helpful to the legislative and executive branches of County government, and who is appearing at the request of the council or an administrative agency, even though receiving reimbursement for the appearance. (c) Each lobbyist shall file a statement of expenditures with the County clerk on July 31 and January 31 of each year. (d) The July 31 report shall cover the period from January 1 through June 30 of the year of the report; and the January 31 report shall cover the period from July 1 through December 31 of the calendar year preceding the January 31 report. (1) The statement shall contain the following information: (A) The name and address of each person with respect to whom expenditures for the purpose of lobbying in the total sum of $25 or more per day was made by the person filing the -5- statement during the statement period and the amount or value of such expenditure; (B) The name and address of each person with respect to whom expenditures for the purpose of lobbying in the aggregate of $150 or more was made by the person filing the statement during the statement period and the amount or value of such expenditures; (C) The total sum or value of all expenditures for the purpose of lobbying made by the person filing the statement during the statement period in excess of $275 during the statement period; (D) The name and address of each person making contributions to the person filing the statement for the purpose of lobbying in the total sum of $25 or more during the statement period and the amount or value of such contributions; and (E) The subject area of the legislative and administrative action which was supported or opposed by the person filing the statement during the statement period. (2) The receipt or expenditure of any money for the purpose of influencing the election or defeat of -6- any candidate for an elective office or for the passage or defeat of any proposed measure at any special or general election is excluded from the reporting requirement of this section. (e) All statements and forms required by this section to be filed with the County clerk: (1) Shall be deemed properly filed when delivered or deposited in an established post office within the prescribed time, duly stamped, registered, or certified, and directed to the County clerk; provided, however, in the event it is not received, a duplicate of the statement shall be promptly filed upon notice by the County clerk of its nonreceipt; and (2) Shall be preserved by the County clerk and shall constitute part of the public records of the County clerk, and shall be open to public inspection pursuant to section 92-51 of the Hawaii Revised Statutes. (f) No lobbyist shall accept or agree to accept compensation in any way contingent on the enactment, defeat, or outcome of any proposed legislative or administrative action. (g) The board of ethics is empowered to render advisory opinions with respect to the application of this section -~- to any person. No person who conforms his conduct to an advisory opinion of the board regarding this section shall be subject to the penalties provided herein. (h) Any person who wilfully fails to file any statement or report required by this section or who wilfully files a statement or report containing false information or material omission of any fact, who engages in activities prohibited by this section, or who fails to provide any information required by this section shall be guilty of a petty misdemeanor." SECTION 2. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL MEMBER, COUNTY OF HAWAII Hilo, Hawaii Oate of Introduction: October 17, 1984 Oate of 1st Reading: October 17, 1984 Date of 2nd Reading: November 7, 1984 Effective Date: November 20, 1984 -8-