(a) For the purposes of this section, the following definitions apply unless the context clearly indicates or requires a different meaning.
Campaign Assistance, Campaign Committee, Campaign Contribution, Exempt Officer or Employee and Political Party. Have the same meaning as defined in § 1-19.6.
Candidate for City Office. Any person who:
(1) Falls within the definition of a "candidate" contained in HRS § 11-302;
(2) Files nomination papers in accordance with HRS Chapter 12, Part I; or
(3) Makes any public statement concerning the person’s intention to be a candidate for a city office within two years preceding the next special election, coinciding with a general election, for that city office.
Lobbyist. Any person:
(1) Seeking, or having sought within two years preceding any activity prohibited under this section, any type of discretionary approval, whether legislative, administrative, or quasi-judicial, from the city, including without limitation a landowner, developer, architect, engineer, planner, or agent of the foregoing; or
(2) Qualifying as a lobbyist under § 3-13.2.
(3) Excluded from subdivisions (1) and (2) above are activities conducted by neighborhood boards, community associations, coalitions, and individuals not employed by those specified in subdivision (1), unless they engage the services of a paid lobbyist.
(b) An exempt officer or employee shall not:
(1) Coerce, demand, or otherwise require a campaign contribution or campaign assistance from a lobbyist;
(2) Disapprove the application of or otherwise punish a lobbyist because that lobbyist:
(A) Refused to make a campaign contribution or render campaign assistance when requested or demanded by the exempt officer or employee or a third person;
(B) Sought or received an advisory opinion from the ethics commission on a possible violation of this section; or
(C) Filed with a public agency or officer a complaint alleging a violation of this section;
(3) Promise or threaten to disapprove the application of or otherwise punish a lobbyist, unless that lobbyist:
(A) Makes a campaign contribution or renders campaign assistance as requested or demanded by the exempt officer or employee or a third person;
(B) Refrains from seeking an advisory opinion from the ethics commission on a possible violation of this section; or
(C) Refrains from filing with a public agency or officer a complaint alleging a violation of this section;
(4) Approve the application of a lobbyist because that lobbyist made a campaign contribution or rendered campaign assistance when requested or demanded by the exempt officer or employee or third person;
(5) Solicit or request a specified or minimum campaign contribution amount from a lobbyist;
(6) Request a lobbyist to provide a specified or minimum amount of campaign assistance;
(7) Solicit or receive any campaign contribution from a person, including a lobbyist, in a building or facility during its use for official city functions; or
(8) Request or direct another exempt officer or employee to engage in an activity prohibited under this subsection.
An exempt officer or employee shall not be prohibited from soliciting or requesting a campaign contribution or campaign assistance from a lobbyist, so long as the solicitation or request does not violate this subsection.
(c) A lobbyist shall not make a campaign contribution or render campaign assistance to any candidate for city office within two years after receipt of a discretionary approval, whether legislative, administrative, or quasi-judicial, from the city.
(d) A candidate for city office shall not accept a campaign contribution from a lobbyist within two years after the lobbyist receives a discretionary approval, whether legislative, administrative, or quasi-judicial, from the city.
A candidate for city office shall not accept or use campaign assistance from a lobbyist within two years after the lobbyist receives a discretionary approval, whether legislative, administrative, or quasi-judicial, from the city.
(e) Any lobbyist, as defined under this section, who cannot make a campaign contribution to a candidate for city office shall register with the clerk. A lobbyist receiving a discretionary approval shall register within 10 days of receipt of the approval.
A lobbyist who is not seeking a discretionary approval shall register simultaneously with registration as a lobbyist under Chapter 3, Article 13.
(f) An exempt officer or employee, candidate for city office, or lobbyist who violates this section shall be guilty of a petty misdemeanor.
The prosecution of a violation pursuant to this subsection shall be commenced within two years after commitment of the violation. No violation shall be prosecuted after the expiration of the two-year period.
The prosecuting attorney shall be responsible for prosecution of a violation. If the prosecuting attorney becomes disqualified, the State attorney general shall have the responsibility for prosecution.
The penalty of this subsection shall be in addition to the penalty provided under § 1-19.5(a) if applicable to the violator. Both penalties may be imposed for the same conduct.
(1990 Code, Ch. 3, Art. 8, § 3-8.9) (Added by Ord. 94-54)
Editor’s note:
**In Civil No. 96-2844-07 in the First Circuit Court, State of Hawaii, subsections (c) and (d) (then § 3.29(c) and (d), were held to conflict with and be preempted by HRS Chapter 11. The final judgment was entered on August 4, 1998 and was not appealed.