REPORT TITLE:
University of Hawaii


DESCRIPTION:
Requires the Ethics Commission to accord a presumption of
validity to UH faculty in consultative, entrepreneurial, or
economic development activities under specified conditions,
including disclosure prior to the activity.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
HOUSE OF REPRESENTATIVES                H.B. NO.153        
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE UNIVERSITY OF HAWAII. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 84, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "�84-    University of Hawaii.  (a) Nothing in this chapter
 
 5 prohibits faculty or managers of the University of Hawaii from
 
 6 undertaking or facilitating consultative, entrepreneurial, or
 
 7 economic development activities that are consistent with:
 
 8      (1)  Applicable policies of the University of Hawaii;
 
 9      (2)  Applicable collective bargaining agreements; and
 
10      (3)  The public interest in preserving the fairness,
 
11           accuracy, reliability, and trustworthiness of the
 
12           education and research conducted by the University of
 
13           Hawaii,
 
14 even if they result in economic gain to the faculty or the
 
15 University of Hawaii, or if they involve non-cost or reimbursed
 
16 use of state facilities, the use of state titles, or disclosed
 
17 conflicts of interest.
 
18      (b) The state ethics commission shall presume that any
 
19 consultative, entrepreneurial, or economic development activity
 
20 of the faculty of the University of Hawaii is valid if:
 

 
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 1      (1)  The activity and each faculty member's interest is
 
 2           accurately described in a prior annual disclosure made
 
 3           to the president of the University of Hawaii, or a
 
 4           designee, and to involved academic departments; and
 
 5      (2)  The policies of the University of Hawaii and applicable
 
 6           collective bargaining agreements contain provisions
 
 7           governing the review and correction of activities that
 
 8           are inconsistent with generally accepted standards of
 
 9           academic ethics.
 
10 The annual disclosures shall be public records.  Activities not
 
11 disclosed or otherwise not subject to effective review by the
 
12 University of Hawaii shall not be accorded a presumption of
 
13 validity.
 
14      (c) A presumption of validity may be rebutted by clear and
 
15 convincing proof that:
 
16      (1)  The activity was not accurately described or disclosed,
 
17           thereby preventing review;
 
18      (2)  Review by the University of Hawaii was incapable of
 
19           identifying serious breaches of academic protocol;
 
20      (3)  The activity had no reasonable likelihood of resulting
 
21           in improvements to the state economy; or
 
22      (4)  The public interest in fairness, accuracy, reliability,
 
23           and trustworthiness of the education and research
 

 
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 1           conducted by the University of Hawaii was materially
 
 2           compromised.
 
 3      (d) The state ethics commission shall consider efforts by
 
 4 the University of Hawaii to advance economic development to be a
 
 5 legitimate academic service function that is in the public
 
 6 interest.  The state ethics commission shall recognize that the
 
 7 regents of the University of Hawaii are primarily responsible for
 
 8 ensuring that the activities of the University of Hawaii conform
 
 9 to generally accepted standards of academic ethics."
 
10      SECTION 2.  New statutory material is underscored.
 
11      SECTION 3.  This Act shall take effect upon its approval.
 
12 
 
13                           INTRODUCED BY:  _______________________
 
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