Honolulu, Hawaii



RE:     H.B. No. 1381

        H.D. 1

        S.D. 1




Honorable Ronald D. Kouchi

President of the Senate

Thirtieth State Legislature

Regular Session of 2019

State of Hawaii




     Your Committee on Government Operations, to which was referred H.B. No. 1381, H.D. 1, entitled:




begs leave to report as follows:


     The purpose and intent of this measure is to prohibit former legislators and executive branch employees subject to Senate confirmation from engaging in lobbying for twenty-four months after termination of employment as a legislator or executive branch employee.


     Your Committee received testimony in support of this measure from the Hawaii State Ethics Commissions, League of Women Voters, and one individual.


     Your Committee finds that it is in the public interest to minimize any influence by lobbyists over the State's elected officials and certain other government employees.  Creating an element of durational separation between private employers and their hired lobbyists prior to any formal engagement with certain government employees would promote good governing.  Accordingly, this measure promotes good government by prohibiting elected officials and executive branch employees subject to Senate confirmation from representing other interests before the State and colleagues with whom they have served, for twenty-four months after termination of their respective positions.


     Your Committee notes the concerns raised in testimony that this measure may impact the State's ability to recruit and maintain talented public servants.  Your Committee believes strong post-employment restrictions maintain and improve the public's trust in state government but understands that these restrictions must also be balanced so as to not have an overly adverse effect on recruitment of public servants.


     Your Committee has amended this measure by:


     (1)  Reinstating the existing statutory twelve month period of restriction following the termination of a former legislator's employment;


     (2)  Restricting former executive branch employees, who were employed in a position requiring Senate confirmation, from engaging in lobbying for twelve, rather than twenty‑four, months after termination of employment;


     (3)  Inserting an effective date of July 1, 2020; and


     (4)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.


     As affirmed by the record of votes of the members of your Committee on Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1381, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1381, H.D. 1, S.D. 1, and be referred to your Committees on Judiciary and Ways and Means.


Respectfully submitted on behalf of the members of the Committee on Government Operations,