Report Title:

Ethics

 

Description:

Increases time period for restriction on post-employment lobbying of former legislators and state employees

 


HOUSE OF REPRESENTATIVES

H.B. NO.

2647

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

relating to ethics.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  Section 84-18, Hawaii Revised Statutes, is amended to read as follows:

     "§84-18  Restrictions on post employment.  (a)  No former legislator or employee shall disclose any information which by law or practice is not available to the public and which the former legislator or employee acquired in the course of the former legislator's or employee's official duties or use the information for the former legislator's or employee's personal gain or the benefit of anyone.

     (b)  No former legislator, within [twelve] twenty-four months after termination of the former legislator's employment, shall represent any person or business for a fee or other consideration, on matters in which the former legislator participated as a legislator or on matters involving official action by the legislature.

     (c)  No former employee, within [twelve] twenty-four months after termination of the former employee's employment, shall represent any person or business for a fee or other consideration, on matters in which the former employee participated as an employee or on matters involving official action by the particular state agency or subdivision thereof with which the former employee had actually served.

     (d)  This section shall not prohibit any agency from contracting with a former legislator or employee to act on a matter on behalf of the State within the period of limitations stated herein, and shall not prevent such legislator or employee from appearing before any agency in relation to such employment.

     (e)  This section shall not apply to any person who is employed by the State for a period of less than one hundred and eighty-one days.

     (f)  For the purposes of this section, "represent" means to engage in direct communication on behalf of any person or business with a legislator, a legislative employee, a particular state agency or subdivision thereof, or their employees."

     SECTION 2.  Section 84-19, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "§84-19  Violation.  (a)  Any favorable state action obtained in violation of the code of ethics for legislators and former legislators or employees and former employees is voidable in the same manner as voidable contracts as provided for under section 84-16; and the State by the attorney general may pursue all legal and equitable remedies available to it."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

 

INTRODUCED BY:

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