State Ethics Commission Proposes Cooling-Off Period on Lobbying by Former State Officials

('First Lateral' deadline was Friday, February 14, 2020.  This required bills to arrive in their final referred committee of the originating chamber.  Bills that have not made this hurdle are 'dead' for the session--as noted by editor below--unless magically reanimated by Legislative shennanigans.)

From The High Road, Feb, 2020

The 2020 legislative session is underway and a bill proposed by the State Ethics Commission is seeking to ensure clearer boundaries between high-ranking government officials and lobbyists.

H.B. 2124 / S.B. 2114 prohibits certain state officials who leave state office from immediately becoming paid lobbyists. The bill creates a twelve-month cooling-off period on lobbying after an official leaves state employment. During this period, an official would be prohibited from lobbying the Legislature or state agencies for pay. State officials who would be affected by the bill include the Governor and Lieutenant Governor, executive department heads, the President of the University of Hawai‘i, the Trustees and Administrator of the Office of Hawaiian Affairs, and certain other state officials. Legislators are already prohibited from lobbying the Legislature for twelve months after leaving state office, but the bill would also prohibit Legislators from lobbying state agencies for twelve months with regard to proposed administrative rules.

The Commission also has proposed two other bills to strengthen and clarify the Ethics Code:

H.B. 2125 / S.B. 2115 amends the financial disclosure law for state officials by requiring filers to report the names of clients they have assisted or represented before state agencies. This bill also requires members of the Hawai‘i Correctional System Oversight Commission to file confidential financial disclosure statements with the Commission.

H.B. 1673 / S.B. 2100 restores the Ethics Code’s protection for Legislators when carrying out their legislative functions and clarifies that the Legislature shall adopt rules regarding the disclosure of any interest or transaction that a Legislator believes may be affected by the Legislator’s official action.

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List of Ethics-Related Bills

Excerpt) From NOTICE OF MEETING OF THE HAWAI‘I STATE ETHICS COMMISSION FEBRUARY 20, 2020 

V. 2020 Legislative Session

1. H.B. 2124 / S.B. 2114: Prohibits certain state officials and employees from representing certain interests before the State for 12 months after termination from their respective positions. (Ethics Commission bill)

2. H.B. 2125 / S.B. 2115: Makes various amendments to the State Ethics Code. Repeals exemption from certain financial disclosure requirements granted to members of the Hawaii Correctional System Oversight Commission. (Ethics Commission bill)

3. H.B. 1673 / S.B. 2100 (dead): Restores statutory protection for legislators when carrying out a legislative function. Clarifies that each house of the legislature shall adopt rules regarding disclosure of the nature and extent of any interest or transaction that the legislator believes may be affected by the legislator's official action. (Ethics Commission bill)

4. HB2120: Amends the certain parts of the conflicts of interests provision of the State Ethics Code to include members of the legislature, delegates to the constitutional convention, and justices and judges of all state courts.

5. HB1937 (dead): Prohibits legislators from assisting or representing, with or without compensation, private persons or businesses before all state agencies, excluding the courts.

6. HB361 / HB1927 (dead): Prohibits the governor and each county mayor, while holding those offices, to maintain any other employment or receive any emolument, beginning on the sixty-first calendar day after their election or appointment to office. Specifies that the county boards and commissions have enforcement authority over each respective county mayor. Specifies that the Hawaii state ethics commission has enforcement authority over the governor.

7. HB2256 / SB3058: Repeals the sunset provision in Act 38, Session Laws of Hawaii 2017 (Technology Transfer at the University of Hawaii)

8. HB2747 / HB2748 (dead) / HB1998 / HB2381 (dead) / HB2678: Authorizing forfeiture of pension benefits (and/or other benefits) under certain conditions.

9. HB2752: Requires the board of education to invite the exclusive representative for bargaining unit (5) (teachers and other personnel of the department of education) to appoint a nonvoting public school teacher representative to the board.

10. HB1885 (dead): Proposes an amendment to article III, section 8, of the Constitution of the State of Hawaii to provide that constitutional section shall not be construed to prohibit a member of the legislature from being employed in a faculty member position at the University of Hawaii solely because of the membership in the legislature; provided that the legislature may enact legislation to ensure that work schedules and time demands do not unreasonably conflict. (Deferred)

11. Ethics Commission Budget measures: HB2661, HB2660 (dead), SB3079.

12. Various provisions purporting to exempt task forces and/or new commissions/employees from Ethics Code requirements (e.g., SB2332 (dead), SB3103, HB1918, HB1796).

read … Ethics Comm Agenda