HOUSE OF REPRESENTATIVES

H.B. NO.

1381

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to Lobbyists.

 

 

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

 


SECTION 1. The legislature finds that it is in the public interest to keep a distinct wall of separation between lobbyists and the State's elected officials and certain other government employees. Accordingly, the purpose of this Act is to promote 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.

SECTION 2. 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]:

(1) 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[.]; or

(2) Engage in lobbying as defined by section 97-1.

(c) No former executive branch employee who was employed in a position requiring senate confirmation, within twenty-four months after termination of the former executive branch employee's employment, shall:

(1) Represent any person or business for a fee or other consideration, on matters in which the former executive branch employee participated as an executive branch employee or on matters involving official action by the state agency or subdivision thereof with which the former employee had actually served; or

(2) Engage in lobbying as defined by section 97-1.

[(c)] (d) No former employee, within twelve 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. This section shall not apply to a former task force member who, but for service as a task force member, would not be considered an employee.

[(d)] (e) 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] the legislator or employee from appearing before any agency in relation to [such employment.] that employment; provided that no former legislator shall engage in lobbying during the period proscribed pursuant to subsection (b); provided further that no former executive branch employee who was employed in a position requiring senate confirmation shall engage in lobbying during the period proscribed pursuant to subsection (c).

[(e)] (f) 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)] (g) 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 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2021.


 


 

Report Title:

Post-Employment; Lobbying; Legislators; Executive Branch Employees

 

Description:

Prohibits former legislators and executive branch employees subject to senate confirmation from engaging in lobbying for 24 months after termination of employment as a legislator or executive branch employee. (HB1381 HD1)

 

 

 

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