Report Title:

Elected officials, benefits, forfeiture

Description:

Provides for forfeiture of service time benefits as an elected official for all elected officials.

HOUSE OF REPRESENTATIVES

H.B. NO.

1030

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to elected officials.

 

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

SECTION 1. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§78- Elected officials; forfeiture of benefits. (a) If an elected official has been disqualified from office for conviction of a felony that took place within the course and scope of the official's duties, the official shall forfeit the amount of service time accrued or earned as an elected official, from the date of the commission of the felony, for benefits under chapters 87, 87A, and 88.

(b) The attorney general shall bring a civil action to require the forfeiture. If the court finds that the nature of the offense was particularly egregious, the court may order the forfeiture of some or all of any additional service time preceding the felony."

SECTION 2. Chapter 87, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§87- Elected officials, forfeiture of benefits. An elected official who has been disqualified from office for conviction of a felony that took place within the course and scope of the official's duties shall have the official's benefits under this chapter forfeited to the extent required by section 78- ."

SECTION 3. Chapter 87A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§87A- Elected officials, forfeiture of benefits. An elected official who has been disqualified from office for conviction of a felony that took place within the course and scope of the official's duties shall have the official's benefits under this chapter forfeited to the extent required by section 78- ."

SECTION 4. Chapter 88, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§88- Elected officials, forfeiture of benefits. An elected official who has been disqualified from office for conviction of a felony that took place within the course and scope of the official's duties shall have the official's benefits under this chapter forfeited to the extent required by section 78- ."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

INTRODUCED BY:

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