HAR §21-10-2
HAR §21-10-2. Registration and termination
Cite as Haw. Code R. § 21-10-2
(a) Every individual who
meets the threshold requirements to be deemed a lobbyist, as described in section
97-1, HRS, shall register as a lobbyist with the commission within five days of
meeting those requirements.
(b)
For purposes of determirting whether an individual has met the
threshold requirements to register as a lobbyist, all time spent lobbying shall be
included. Time spent lobbying i.ncludes, but is not limited to:
(I)
Drafting and providing testimony;
(2)
DiscussiJ1g actual or potential legislation or rules with any official
in the legislative or executive branch who is or may be involved in
legislation or rnlemak_ing;
(3)
Waiting to testify at a hearing, when the individual who is waiting:
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§2 1-10-3
(A)
ls being compensated to lobby during that waiting time and
is not performing other work unrelated to the lobbying;
(B)
Spends thal time preparing, reviewing, or strategizing on
the testimony; or
(C)
Spends that time otherwise lobbying.
(c)
Ti.me spent on the following activities need not be counted for
purpo1es of registration:
I
(1)
Performing work relating to service on a task force created by the
legislat11re or an agency; and
(2)
Research on ,111d discussions regarding policy matters where the
research or discussions are not reasonably likely to lead to
lobbying activities within a twelve-month period.
(d)
Bvcry lobbyist shall renew the lobbyist's registration biennially by
filing a registration and authorization form with the commission within ten clays
of the opening of every odd-numbered legislative session.
(e)
If a lobbyist docs not renew the lobbyist's registration as required
by subsection (cl), the lobbyist's registration is deemed to have expired on
December 31 of the preceding even-numbered year, provjdecl that the lobbyist
shall remain subject to the requirements of chapter 97, HRS, and these rules for
the period during which the registration was effective.
(f)
Lobbyists' re~istrations shall be terminated as set forth in section
97-2, HRS. [Eff
NOV 2 8 '!ifil!Q
] (Auth: HRS §§84-31 (a)(5),
97-6(a)(5)) (Imp: HRS §§97-1, 97-2, 97-2.5, 97-3, 97-6)
§21 -10-.3 Exclusions from registration requirement. (a) The following
individuals need 11ot register as lobbyists;
(I)
Any individual who represents oneself and not any other person
before the legislature or administrative agency, provided that these
individuals may be required to submit statements of contributions
and expenditures as provided in section 97-3, HRS, and these
rules. For purposes ofthis subsection, "any other person" includes
a sole proprietorship or other business owned or operated by the
individual;
(2)
Any federal, stale, or county official or employee acting in the
official's or employee's official capacity, provided tlrnt if'the
federal, state, or county official or employee contracts for the
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services of a lobbyist, the lobbyist is subject to the registration and
reporting requirements of chapter 97, HRS, and these rules, and the
director ofthe agency employing the lobbyist shall be responsible
for submitti11g statements ofcontributions and expenditures as
required by section 97-3, HRS, and these rules;
(3)
Any person engaged in the business of publishing or broadcasting
news or comment on the news, while enga&ed in the gathering or
dissemination of news and comment on the news and in tbe
ordinary course of business;
(4)
An attorney advising a client 0 11 the construction or effect of
proposed legislative or administrative action; and
(5)
Any person who possesses special skills and knowledge relevant to
certain areas of legislation or rulemaking, whose skills and
knowledge may be helpful to the legislative and executive
branches ofstate government and who makes an occasional
appearance at the written request of the legislature, an
admi11istrative agency, or the lobbyist, even though the person
receives reimbursement or other payment from the legislature,
administrative agency, or lhe lobbyist for the appearance. A copy
of the written reqi1est for an appearance made by the legislature,
administrative agency, or lobbyist shall be provided Lo the
commission within five business days of the commission's request.
(b)
Lobbying activities that exceed the scope ofsubsection (a} sgall be
reported as provided by chapter 97, HRS, and these rules. [Eff
NOV Z
2020
] (Aulh: HRS §§84-3 l(a)(S), 97-6(a)(5)) (Imp: HRS §§97-1, 97-2, 97
2.5, 97-3, 97~6)