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50 State Table Revolving Door Prohibitions

Revolving Door Prohibitions

1/6/2014

Rules Against Legislators Lobbying State Government After They Leave Office

At least 32 states have enacted a “cooling-off period” before a former legislator can come back to work at the legislature as a lobbyist. Also known as revolving door laws, statutes range from Maryland, where the ban is until the conclusion of the next regular session, to eight states─Alabama, Colorado, Florida, Iowa, Kentucky, Louisiana, Montana, and New York─that ban former legislators for two years.

Ethics word cloudFlorida's two year ban applies to lobbying the body in which a member served, as well as the executive branch. In Minnesota, the ban only applies to House members, not those in the Senate, and exists in chamber rule. Ohio formerly had a one year ban, but the law was overturned by a federal district court in 2010. Delaware, Missouri, New Mexico and Wisconsin exempt legislators and certain legislative staff from their laws. Statutes in Kansas, Mississippi and Oklahoma restrict former legislators from certain contracting with government opportunities.

This table is intended to provide general information and does not necessarily address all aspects of this topic. Because the facts of each situation may vary, this information may need to be supplemented by consulting legal advisors. 

State Policy Statutory Reference

Alabama

No public official shall serve for a fee as a lobbyist or otherwise represent clients, including his or her employer before the board, agency, commission, department, or legislative body, of which he or she is a former member for a period of two years after he or she leaves such membership.

§ 36-25-13

Alaska

 

Legislators may not lobby for compensation for one year after leaving office. Former members are not prohibited from acting as a volunteer lobbyist  or a representational lobbyist as defined under regulations of the commission. State constitution prohibits for one year a legislator from being elected, nominated or appointed to any office or position of profit that has been created or the salary increased during his or her term of office.

§ 24-45-121(c); AK constitution, Article II, Section 5

Arizona

For one year, a former public officer, including legislator, shall not represent another person for compensation before the legislature concerning any matter with which the legislator was directly concerned and personally participated.For two years after he or she leaves office, no public officer, including legislator, may disclose or use for personal profit information designated as confidential.

§ 38-504(a)(b)

Arkansas

A former member of the Arkansas Senate or the Arkansas House of Representatives elected to the General Assembly on or after July 27, 2011, shall not be eligible to be registered as a lobbyist until one (1) year after the expiration of the term of office for which he or she was elected.

§ 517 (1)(b)

California

No legislator, for a period of one year after leaving office, shall, for compensation, act as agent or attorney for, or otherwise represent, any other person by making any formal or informal appearance, or by making any oral or written communication, before the Legislature, any committee or subcommittee thereof, any present legislator or any officer or employee thereof, if the appearance or communication is made for the purpose of influencing legislative action.

In addition, a one year revolving door ban applies to other elected officers and some public employees who would appear before state agencies for compensation for the purpose of influencing action.

§ 87406 (b)

(a.k.a.) Milton Parks Restrictions Act of 1990.

Colorado

For a period of two years following vacation of office, no statewide elected officeholder or member of the general assembly shall personally represent another person or entity for compensation before any other statewide elected officeholder or member of the general assembly.

Colorado State Const.
Article XXIX

Connecticut

No legislator shall engage in the profession of lobbyist for one year after expiration of term for which he or she was elected.

§ 2-16a

Delaware

None. Revolving door ban does not apply to legislators. Prohibitions relating to conflicts of interest § 5805. Code of conduct § 5806.

 

Florida

Members of the legislature and statewide elected officers are prohibited from personally representing another person or entity for compensation before the government body or agency of which the individual was a member for two years following vacation of office. No member of the Legislature shall personally represent another person or entity for compensation during his or her term of office before any state agency other than judicial tribunals or in settlement negotiations after the filing of a lawsuit.

For a period of two years following vacation of office, a former member of the Legislature may not act as a lobbyist for compensation before an executive branch agency, agency official, or employee. 

§ 112.313(9); FLA Constitution Sec. 8(e), Art. II

Georgia

Postemployment restrictions on public officers. 
(a) Except as provided in subsection (b) of this Code section, on and after January 8, 2007, persons identified in subparagraphs (A) through (D) of paragraph (22) of Code Section 21-5-3 and the executive director of each state board, commission, or authority shall be prohibited from registering as a lobbyist or engaging in lobbying under this article for a period of one year after terminating such employment or leaving such office.
(b) The lobbying prohibition contained in subsection (a) of this Code section shall not apply to persons who terminate such employment or leave such office but who remain employed in state government.

Definitions.
(22) "Public officer" means:
(A) Every constitutional officer; (B) Every elected state official; (C) The executive head of every state department or agency, whether elected or appointed; (D) Each member of the General Assembly; (E) The executive director of each state board, commission, or authority and the members thereof; (F) Every elected county official and every elected member of a local board of education; and (G) Every elected municipal official.

§ 21-5-75

§ 21-5-3

Hawaii

No former legislator for one year shall represent a person or business for a fee or other consideration on matters in which the former legislator or employee participated in or on matters involving official action by the legislature. No former legislator shall disclose confidential information or use the information for personal gain or for anyone's benefit.

§ 84-18

Idaho

None. Non-compensated Public Official exception - allowed an interest in any contract made or entered into by the board to which he or she is a member. §59-704A.

 

Illinois

None. Restricted Activities §5 ILCS 420/2-101. There are revolving door provisions that apply to conflicts of interest in government contracts, and to a limited situation in conjunction with an early retirement program. Code of conduct §420/3-102.

 

Indiana

A legislator may not be registered as a lobbyist or employed as a legislative liaison for one year after the date the individual ceases to be a member of the general assembly.

Former legislators who are lobbyists may not be on the floor of either chamber during session.

2-7-5-7
2-7-5-3

Iowa

Ban of two years from acting as a lobbyist for legislators, statewide elected officials, and certain agency employees. Former legislators shall not within a period of two years receive compensation for any services rendered on behalf of any person, firm etc in relation to any case or proceeding with which the person was directly participated.

§ 68B.5
§ 68B.7

 

Kansas

A one-year prohibition on being involved in any contract funded while the legislator was in office; one-year prohibition on representing any person in a court proceeding on certain legislative actions; one year restriction of civil state appointment in an office that was created in previous term prior to departure.

§ 46-233(b)(c)

§ 46-234

Kentucky

There is a restriction for two years on a former legislator becoming a legislative agent.

§ 6.757

Louisiana

No former elected official, including a legislator, no former member of a board or commission, nor agency head for two years shall assist another person for compensation in connection with a transaction, or render service on a contractual basis for or be employed/ appointed to any position involving the agency by which he or she was formerly employed or in which he/she formerly held office.

§ 42:1121

Maine

Beginning with the convening of the 127th Legislature, a person who has served as a legislator may not engage in activities that would require registration as a lobbyist or lobbyist associate as defined by Title 3, section 312-A, subsections 10 and 10-A, respectively, until one year after that person's term as a Legislator ends. This subsection may not be construed to prohibit uncompensated lobbying by a former Legislator during the one-year period following the end of that Legislator's most recent term in office.             

Title 1, Chapter 25, §1024

Maryland

Until the conclusion of the next regular session that begins after the member leaves office, a former legislator may not assist or represent any party for compensation in a matter that is the subject of legislative action.

§ 15-504

Massachusetts

(e) a former state employee or elected official, including a former member of the general court, who acts as legislative or executive agent for anyone other than the commonwealth or a state agency before the governmental body, as determined by the state ethics commission with which he has been associated, within one year after he leaves that body shall be punished by a fine of not more than $10,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 1/2 years, or both.

A public officer, may not, after leaving public service, participate in particular matters in which he or she participated as a public employee. In addition, public officials are prohibited from appearing personally for one year period in connection with any particular matter which was under his or her official responsibility for two years prior to the public official or employee leaving public office.

§ 268A, sec 5.

Michigan

A member of the Michigan senate or house of representatives who resigns from office shall not make expenditures for or receive compensation or reimbursement for actual expenses for lobbying for the remainder of the term of office from which the person resigned.

§ 4.416 (a)

Minnesota

Former state legislators must not register as lobbyists within one year from the date they leave office.

House Rule 9.35

Mississippi

No public servant, including a legislator, may be interested, directly or indirectly, in any contract with the state, or any level of government, authorized by law passed or order made by any board of which he or she may have been a member within one year after the expiration of such term. No public servant may perform any service for any compensation for any person or business after termination of his or her employment in relation to any case, decision, proceeding or application with respect to which he or she was directly concerned or in which he or she personally participated during the period of his or her service or employment.


Constitution, Article 4, Section 109

§ 25-4-105 (2) (3) (e)

Missouri

None. Revolving door ban does not apply to legislators.

 

 

Montana

Public officers may not within one year of voluntary termination of current job obtain employment in which they will take direct advantage, unavailable to others, of matters with which they were directly involved during term of office or employment.

An individual may not be licensed as a lobbyist and a principal may not directly authorize or permit lobbying by an individual if during the 24 months prior to applying for a license that individual served as a state legislator, elected state official, department director, appointed state official, or member of a certain personal staff, as defined by 2-18-101. The prohibition does not apply to an individual who will lobby as part of the individual's responsibilities as an employee of state or local government.

§ 2-2-105 (3)

§ 5-7-310 (1) and (2)

Nebraska

None

 

Nevada

None

 

New Hampshire

None

 

New Jersey

Legislators cannot, within one year of termination of office, register as a governmental affairs agent. A governmental affairs agent is defined as someone who receives more than $100 compensation, including reimbursement of expenses, over a three month period to influence legislation or regulations.

§ 52:13C-21.4

New Mexico

No waiting period for legislators because § 10-16-2 excludes legislators from the definition of "public officer" and "employee."

Under § 10-16-8, there is in some cases a one-year ban and in others-a lifetime ban.  Again, neither of these bans apply to legislators because of § 10-16-2

§ 10-16-2

 

§ 10-16-8

New York

No legislator within two years after termination of service, may receive compensation for any services on behalf of anyone to promote or oppose the passage of bills or resolutions by the legislature.

§ 73(8)(a)(iii)

North Carolina

No legislator or former legislator may register as a lobbyist while in office or before the later of the close of the session in which the legislator served or six months after leaving office.

G.S. 120C-304

North Dakota

None

 

Ohio

Ohio formerly had a one year ban for legislators. The law was overturned by a federal district court in 2010.

§ 102.03(A)(4)

Oklahoma

For two years after legislators' terms expire, they cannot be interested in contracts with the state, its counties or sibdivisions if the law calling for the contract or funding it was passed during their term.

Constitution Section V-23,

Oregon

A person who has been a member of the Legislative Assembly may not use or attempt to use the person's position as a former member of the Legislative Assembly to obtain financial gain as a lobbyist as defined in ORS 171.725 during the period beginning on the date the person ceases to be a member of the Legislative Assembly and ending on the date of adjournment sine die of the next regular session of the Legislative Assembly.

§244.045(6)

Pennsylvania

No former public official, including legislators, shall represent a person for compensation on any matter before the governmental body with which he has been associated for one year after he leaves that body.

§ 1103(g)

Rhode Island

One-year ban on lobbying and accepting employment to a state agency.

§ 36-14-5

South Carolina

The Governor, the Lieutenant Governor, any other statewide constitutional officer, a member of the General Assembly, a director or deputy director of a state department appointed by the Governor and a member of the immediate family of any of these public officials may not serve as a lobbyist during the time the official holds office and for one year after such public service ends.

For one year after leaving office, a public official, including a legislator, may not represent clients before the governmental entity served, and accept employment from a person who is regulated by the governmental entity, if it involves a matter in which he or she directly and substantially participated during service or employment.

§ 2-17-15




§ 8-13-755
 

South Dakota

No elected officer may act or register as a lobbyist, other than a public employee lobbyist, during a period of one year after the officer's termination of service in the state government. A violation of this section is a Class 1 misdemeanor.

§ 2-12-8.2

Tennessee

No member of the general assembly, elected official in the executive branch, member of the governor's cabinet, or cabinet level staff within the governor's office shall be a lobbyist during the twelve-month period immediately following departure from such office or employment.

 § 3-6-304 (l)

Texas

None. Standards of Conduct listed § 572.051

 

Utah

A former state official serving on or after May 12, 2009, may not become a lobbyist or engage in lobbying that would require registration as a lobbyist under Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act, for one calendar year, beginning on the day the state official leaves office and ending on the one-year anniversary of that day. Former officials are allowed to lobby for themselves or businesses with which they are associated, as long as their primary job function is not lobbying or government relations.

§ 67-24-23

Vermont

None

 

Virginia

For one year after his termination a legislator is prohibited from representing any person or group for compensation in any manner before the General Assembly and or any agency of the legislature.

 

For one year after the termination of public employment or service, no state officer or employee shall, before the agency of which he was an officer or employee, represent a client or act in a representative capacity on behalf of any person or group, for compensation, on matters related to legislation, executive orders, or regulations promulgated by the agency of which he was an officer or employee. This prohibition shall be in addition to the prohibitions contained in § 2.2-3103.

For the purposes of this section, "state officer or employee" shall mean (i) the Governor, Lieutenant Governor, Attorney General, and officers appointed by the Governor, whether confirmation by the General Assembly or by either house thereof is required or not, who are regularly employed on a full-time salaried basis; those officers and employees of executive branch agencies who report directly to the agency head; and those at the level immediately below those who report directly to the agency head and are at a payband 6 or higher and (ii) the officers and professional employees of the legislative branch designated by the joint rules committee of the General Assembly. For the purposes of this section, the General Assembly and the legislative branch agencies shall be deemed one agency.

Any person subject to the provisions of this section may apply to the Attorney General, as provided in § 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity. 

 

In addition to the prohibitions contained in § 2.2-3103, no constitutional officer shall, during the one year after the termination of his public service, act in a representative capacity on behalf of any person or group, for compensation, on any matter before the agency of which he was an officer.

The provisions of this section shall not apply to any attorney for the Commonwealth.

Any person subject to the provisions of this section may apply to the attorney for the Commonwealth for the jurisdiction where such person was elected as provided in § 2.2-3126, for an advisory opinion as to the application of the restriction imposed by this section on any post-public employment position or opportunity. 

§ 30-103 (Title 30, chapter 13, prohibited conduct)

§ 2.2-3104

§ 2.2-3104.02

Washington

State officials, including legislators, are banned for one year on accepting employment or receiving compensation if during the two years preceding termination of state employment was engaged in the negotiation of a contract, had a direct or indirect beneficial interest in a contract, or participated in any transaction involving the state. Voluntary assistance to person, nonprofit, poor or infirm is permissible.

§ 42.52.080(1)(a)

§ 42.50.090

West Virginia

Legislators, will and professional employees of the legislature under direct supervision of a legislator, and certain other public officials and employees may not, during or up to one year after the termination of their public employment or service, be allowed to register as lobbyist.

Other provisions limit certain public officials from appearing in a representative capacity before state entities in which they served or that employed them for a certain period of time. Legislators and staff are for the most part exempted from this provision.

§ 6B-3-2 (e)

6B-2-5 (f) and (g)

Wisconsin

No former state public official (legislators and certain legislative staff exempt) for one year after he or she leaves office may for compensation act on behalf of any party other than the state.

§ 19.45(8)(b)

Wyoming

None

 

 

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