PUHI — A bill that would regulate lobbying on Kauai evolved in committee last week, and is expected to go before the County Council Wednesday. Councilman Gary Hooser introduced the original bill, who added his own changes, and those were
PUHI — A bill that would regulate lobbying on Kauai evolved in committee last week, and is expected to go before the County Council Wednesday.
Councilman Gary Hooser introduced the original bill, who added his own changes, and those were combined with changes introduced by committee members Arryl Kaneshiro and JoAnn Yukimura.
Even so, Mark Perriello, president of Kauai’s Chamber of Commerce, said the chamber isn’t supporting the legislation.
“We agree on common-sense regulation, but this resolution is excessive and will impact the freedom of everyday citizens and businesses to petition their government,” Perriello said. “This bill will have a cooling effect on the ability and desire for many businesses, unions and nonprofits to share their knowledge and expertise with the County Council and administration.”
Bill 2614 changes the definition of a lobbyist from someone who is paid to lobby, to any individual who for pay, or any other consideration, lobbies a Kauai County legislator or administrative officer for more than five hours in any month of any reporting period.
It also adds “or spends more than $750 lobbying during any reporting period,” not including transportation, lodging and meals.
“I understand the $750 and the five-hour requirement,” Hooser said. “But I am concerned about Honolulu lobbyists and these guys with big budgets behind them that go all over the state lobbying.”
It was decided that, prior to engaging in lobbying, anyone who meets the definition of a lobbyist, with a five-hour or $750 threshold, would be required to register with the Office of the County Clerk. That was a change from the original requirement of registration within five days of lobbying.
“If you are an active lobbyist and registered with the state and you begin to lobby here on Kauai, you have to register on Kauai,” Hooser said.
The reworked bill also eliminates the need to file a registration statement annually. It would only be required once, and any changes to the status of that statement would have to be reported within 10 days. It also requires a notice of termination within 10 days of cessation of lobbying activities.
An expenditures statement would still be required to be submitted to the county clerk on Jan. 31 of each year, but only if any expenditures were made during the reporting period.
Service on boards and commissions
It was tricky for committee members to sort out what boards and commissions lobbyists should be allowed to serve on.
In the end, it was decided that the bill would restrict lobbyists from serving on the Board of Ethics, because that board investigates violations of the lobbyist law, but lobbyists can serve on any of the other boards and commissions.
“I’d prefer you couldn’t be a lobbyist and be on any commission, but I will still support the amendment,” Hooser said.
Kaneshiro explained that lobbyists can “simply recuse themselves from voting” if there’s a conflict of interest.
“I don’t want to restrict anyone from serving on a commission,” Councilman Ross Kagawa agreed. “Keep that window open for anyone to serve on any particular commission.”
Nancy Kanna, government affairs advocate for the Kauai Board of Realtors, which makes her a lobbyist, represented herself at the meeting. She reminded the committee that lobbyists aren’t “green, scary monsters.”
“Lobbyists have specialized expertise,” Kanna said. “We’re a small island where expertise in specialized things is scarce. We need that on boards and commissions.”
Perriello pointed out that some lobbyists “advocate for better schools for our keiki, some for a stronger healthcare system for people with disabilities, and some for protecting the habitats of migratory and forest birds.”
“The point is that not all lobbyists are bad people, but this resolution treats them that way,” Perriello said.
Regulating gifts
The original bill banned gift giving on the part of lobbyists. The amended bill bans Kauai County legislators and administrators from accepting any gift that they think is meant to buy their vote.
“If you take a gift as a commission of a vote, that’s what we’re trying to prevent,” said Council Chairman Mel Rapozo. “This puts it on the elected official, not the lobbyist. It says simply, ‘We can’t accept a gift if we think it’s to influence our vote.’”
That basically mirrors the county’s current code of ethics, which bans county officials from accepting gifts.
“We’re already held by this standard,” Kagawa said.
Hooser said the change weakens the bill.
“Why would a lobbyist give a gift to us unless it was to reward or influence?” Hooser asked. “Whether it’s a lunch or a trip, a person paid to influence government shouldn’t give gifts to elected officials.”
