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Legal Disclaimer:
This is a brief overview of Hawaiʻi ethics and lobbying laws for informational purposes only. It is not to be construed as legal advice or a complete summary. Whether a violation may have occurred depends on the specific facts and may require further investigation.
State Ethics Code
Please Remember: The State Ethics Code applies to state elected officials, state government employees, and members of state boards and commissions. (It does not apply to private businesses or individuals that do not work for the State of Hawaiʻi)
You may find the Ethics Code here: https://ethics.hawaii.gov/wp-content/uploads/Chapter84.pdf
Here are the possible types of state ethics violations:
State officials cannot solicit or accept gifts that may reasonably appear to influence or reward them for their official action. In addition, state officials must report the receipt of any gifts valued over $200.
State officials cannot disclose any confidential information which by law or practice is not available to the public. In addition, they cannot use confidential information for their personal gain or for the benefit of others.
State officials cannot use their state position and authority to obtain or grant unwarranted privileges or benefits to themselves or others. The law also prohibits state officials from securing outside employment or contracts through their state position; obtaining double compensation for state duties (except as permitted by law); using state resources for private business; and engaging in certain financial dealings with individuals they supervise or inspect.
State officials cannot participate in employment or procurement matters involving relatives or household members unless a good cause waiver is granted. This law applies to all state officials except those in the legislative and judicial branches.
State employees and board members are prohibited from: (1) taking official action that affects their own financial interests; (2) acquiring new financial interests that may conflict with their state duties; and (3) assisting or representing others for pay on matters before their own agency, or in matters they handled in their state role.
State agencies must provide public notice before entering into a non-bid contract over $10,000 with a legislator, state employee, or a business in which a legislator or state employee owns or controls.
Agencies are also prohibited from contracting with any business that is personally represented or assisted by someone who worked for that agency within the past two years, and participated in the same contract matter during their state service.
State elected officials, state board and commission members, candidates for state office, and certain state employees are required to file financial disclosures and report their interests such as income, business holdings, loans, real property, and fiduciary roles in private entities within thirty days of being elected or appointed to their state position.
Former state officials are barred from using or disclosing confidential information gained during state service. For one year after leaving state service, they also cannot represent new employers or clients on matters they worked before while in state service or that involves official action before their former agency (subject to certain exceptions). Additionally, former elected officials and department heads are restricted from lobbying for one year after leaving their position.
State Lobbying Law
Applies to individuals and organizations engaged in lobbying to influence state legislation and state administrative action.
You may find the Lobbyist Law here: https://ethics.hawaii.gov/wp-content/uploads/Chapter97.pdf
Individuals paid to lobby at the state level must register with the Commission and report lobbying expenses if they meet certain lobbying activity thresholds.
“Lobbying” includes communicating with legislators or staff on legislative matters, or communicating with agency officials on state administrative rules. Beginning January 1, 2027, it will also include certain communications with department heads about obtaining state contracts.
Lobbyists and lobbying organizations cannot give gifts to legislators or their staff if those gifts are prohibited under the Gift law. This would be any gift that could reasonably be seen as influencing or rewarding official action, such as expensive meals, trips, and invitations to social/entertainment functions. (There are only very limited exceptions).
Lobbyists cannot make campaign contributions to elected officials, candidates, and candidate committees while the legislature is in session, and for five days before and after the session.
Lobbyists cannot accept payment based on the outcome of any legislative or administrative action.
