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HB2109
HOUSE OF REPRESENTATIVES
H.B. NO.
2109
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to revolving door restrictions for state employees
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The legislature finds that public confidence
in state government depends upon the assurance that all state employees make decisions
solely in the interest of the public.
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While Hawaii law restricts post-employment
activities of state officials, there is no parallel restriction addressing new state
employees who previously worked on matters for private businesses or sources.
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Establishing a two-year cooling-off period for
new state employees will prevent actual or perceived favoritism and strengthen
public trust.
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The legislature further finds that
establishing a "cooling‑off" period will help prevent even the
appearance that a newly hired state employee might favor their former private
employer in performing their official duties.
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This restriction is a narrowly tailored
measure to protect the integrity of government decision-making and to enhance
public trust.
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The purpose of this Act is to prohibit new state
employees from taking official action on matters they previously worked on during
private sector employment.
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This Act also
extends the lobbying restrictions in the post-employment law, section 84-18,
Hawaii Revised Statutes, to include employees in the offices of the governor
and the lieutenant governor.
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SECTION 2.
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Chapter 84, Hawaii Revised Statutes, is
amended by adding a new section to be appropriately designated and to read as
follows:
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"
�84-
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Restrictions
on matters involving pre-employment.
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(a)
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For two years after becoming an employee, an employee shall not take
official action on any matter in which the employee, within the five years
preceding becoming an employee:
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(1)
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Received
compensation from a private source; and
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(2)
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Personally and
substantially participated
.
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(b)
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This section shall not apply to any employee
who takes official action:
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(1)
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Required by
law, court order, or similar legal authority; or
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(2)
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Within the
scope of membership in a task force or working group.
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(c)
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For purposes of this section, "matter"
means a specific bill, contract, claim, application, investigation, proceeding,
dispute, or other transaction or proposal involving a particular party or
parties and does not include general subject areas.
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SECTION
3.
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Section 84-18, Hawaii Revised Statutes, is
amended by amending subsection (e) to read as follows:
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"(e)
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Subject to the restrictions imposed in
subsections (a) through (d), the following individuals shall not represent any
person or business for a fee or other consideration regarding any legislative
action or administrative action, as defined in section 97-1, for twelve months
after termination from their respective positions:
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(1)
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The governor;
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(2)
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The lieutenant governor;
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(3)
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The administrative director of the State;
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(4)
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The attorney general;
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(5)
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The comptroller;
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(6)
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The chairperson of the board of agriculture
and biosecurity;
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(7)
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The director of corrections and
rehabilitation;
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(8)
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The director of finance;
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(9)
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The director of business, economic
development, and tourism;
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(10)
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The director of commerce and consumer affairs;
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(11)
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The adjutant general;
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(12)
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The superintendent of education;
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(13)
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The chairperson of the Hawaiian homes
commission;
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(14)
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The director of health;
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(15)
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The director of human resources development;
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(16)
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The director of human services;
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(17)
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The director of labor and industrial
relations;
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(18)
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The chairperson of the board of land and
natural resources;
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(19)
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The director of law enforcement;
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(20)
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The director of taxation;
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(21)
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The director of transportation;
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(22)
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The president of the University of Hawaii;
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(23)
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The executive administrator of the board of
regents of the University of Hawaii;
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(24)
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The administrator of the office of Hawaiian
affairs;
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(25)
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The chief information officer;
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(26)
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The executive director of the agribusiness
development corporation;
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(27)
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The executive director of the campaign
spending commission;
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(28)
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The executive director of the Hawaii community
development authority;
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(29)
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The executive director of the Hawaii housing
finance and development corporation;
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(30)
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The president and chief executive officer of
the Hawaii tourism authority;
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(31)
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The executive officer of the public utilities
commission;
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(32)
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The state auditor;
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(33)
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The director of the legislative reference
bureau;
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(34)
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The ombudsman;
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(35)
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The permanent employees of the legislature,
other than persons employed in clerical, secretarial, or similar positions;
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(36)
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The administrative director of the courts;
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(37)
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The executive director of the state ethics
commission;
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(38)
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The executive officer of the state land use
commission;
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(39)
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The executive director of the natural energy
laboratory of Hawaii authority;
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(40)
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The executive director of the Hawaii public
housing authority; [
and
]
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(41)
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The first deputy to the chairperson of the
commission on water resource management;
and
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(42)
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The permanent employees of the offices of
the governor and the lieutenant governor, other than persons employed in
clerical, secretarial, or similar positions;
provided that this subsection shall not apply to any
person who has held one of the positions listed above only on an interim or
acting basis and for a period of less than one hundred eighty‑one days."
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SECTION 4.
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This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
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SECTION 5.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 6.
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This Act shall take effect on July 1, 2027.
INTRODUCED BY:
_____________________________
BY REQUEST
Report Title:
Package;
Ethics Commission; State Employees; Pre-Employment Restrictions; Post-Employment
Restrictions
Description:
Prohibits
new state employees from taking official action on matters they worked on
before state employment.
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Prohibits
former permanent employees of the Office of the Governor and Office of the
Lieutenant Governor from representing persons or businesses for a period of 12
months after termination from state employment.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.