Report Title:

Lobbyists; Former Legislators and Appointees

 

Description:

Prohibits former legislators and appointees whose appointments were subject to senate confirmation from engaging in lobbying for 24 months after termination of employment.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

970

TWENTY-FIFTH LEGISLATURE, 2009

 

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 appointees.  The purpose of this Act is to promote good government by prohibiting elected officials and certain appointees from representing other interests before the State for two years 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 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 legislator, within twenty-four months after termination of the former legislator's employment, shall 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.

     [(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 legislator or employee from appearing before any agency in relation to such employment[.]; provided that no former legislator shall engage in lobbying in accordance with 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.  Chapter 97, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§97-    Restrictions on persons who may register as lobbyists.  (a)  No former appointee whose appointment to a full-time position required the advice and consent of the senate shall engage in lobbying as defined by section 97-1 for a period of twenty-four months after termination of the former appointee's employment.

     (b)  In accordance with section 84-18, former legislators shall be prohibited from registering as lobbyists for a period of twenty-four months after termination of the former legislator's employment."

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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