HOUSE OF REPRESENTATIVES

H.B. NO.

1763

THIRTIETH LEGISLATURE, 2020

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the state ethics code.

 

 

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

 


SECTION 1. The legislature finds that it is in the public interest to maintain a distinct wall of separation between lobbyists and the State's elected officials and certain government employees.

Accordingly, the purpose of this Act is to promote good government by prohibiting elected officials, employees of the legislature, and certain other high-ranking state officials from representing any person or business in a legislative or administrative action before the State for twelve months after the termination of their employment.

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] that by law or practice is not available to the public and [which] that 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 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[.], or in any administrative action as defined by section 97-1.

(c) 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) 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] that employment.

(e) In addition to the foregoing restrictions, the following individuals shall not represent any person or business for a fee or other consideration regarding any legislative or administrative action, as defined by section 97-1, for twelve months after termination of employment:

(1) The governor and lieutenant governor;

(2) The administrative director of the State;

(3) The attorney general;

(4) The directors, regardless of the titles by which the persons are designated, of the departments of accounting and general services; agriculture; budget and finance; business, economic development, and tourism; commerce and consumer affairs; defense; education; Hawaiian home lands; health; human resources development; human services; labor and industrial relations; land and natural resources; public safety; and taxation and transportation;

(5) The directors, regardless of the titles by which the persons are designated, of the agribusiness development corporation, Hawaii community development authority, Hawaii housing finance and development corporation, Hawaii tourism authority, campaign spending commission, and legislative service agencies;

(6) The permanent employees of the legislature, other than persons employed in clerical, secretarial, or similar positions;

(7) The administrative director of the courts;

(8) The president of the University of Hawaii;

(9) The trustees and administrator of the office of Hawaiian affairs; and

(10) The members of the public utilities commission.

[(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. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:

_____________________________

 

By Request


 


 

Report Title:

State Ethics Commission Package; Public Employees; Lobbying Prohibition

 

Description:

Prohibits certain former State employees from representing any person or business in a legislative or administrative action before the State for twelve months after the termination of their employment.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.