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House Bill 029 — Former legislators, lobbying

House Bill 029 — Former legislators, lobbying

by
Parrish Miller
January 26, 2023

Bill Description: House Bill 29 would prohibit former legislators, former executive branch employees, and former elected officials from registering or acting as a lobbyist during the next legislative session and for at least 6 months after their service ends. 

Rating: -1

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

House Bill 29 would amend Section 67-6617, Idaho Code, by adding a new subsection that says, "No former legislator or executive branch employee or elected official may register or lobby at the regular legislative session following the person's termination of service as a legislator or executive branch employee or elected official and for at least six (6) months after the termination of such service."

These restrictions place unnecessary and unconstitutional constraints on multiple individual rights, including freedom of speech, contract, and association. 

The bill's statement of purpose suggests that the legislation "helps to prevent conflicts of interest that may occur as a legislator transitions out of office." But it fails to make the case that this goal is a compelling government interest or that this bill is a narrowly tailored solution that respects fundamental rights.

(-1)

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