HOUSE OF REPRESENTATIVES

H.B. NO.

1730

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 2

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE LAND USE COMMISSION.

 

 

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

 


     SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-     Conflict of interest.  (a)  Notwithstanding any law to the contrary, if any member of the land use commission has had material personal involvement with a parcel of land that is the subject of action to be taken by the commission, the member shall disclose the nature of the material personal involvement and shall not vote or take any official action relating to that parcel of land.

     (b)  For the purposes of this section:

     "Entity" means the same as defined in section 245-1.

     "Material personal involvement" means:

     (1)  The commissioner at any time has had ownership or tenancy rights attached to the parcel of land that is subject to a land use commission proceeding; or

     (2)  The commissioner has a relationship with a person or entity that controls the parcel of land that is subject to a land use commission proceeding such that:

         (A)  The commissioner is, or has been within the last three years, an employee other than a benefit officer of the person or entity or any of the entity's subsidiaries; or

         (B)  The commissioner is related by blood, marriage, or adoption to; is a party to a civil union with; is a reciprocal beneficiary or household member of; or resides with an officer other than a benefit officer or director of the entity or any of its subsidiaries."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on January 7, 2059.



 

Report Title:

Land Use Commission; Conflict of Interest

 

Description:

Prohibits any member of the Land Use Commission from voting on a matter before the Commission if the member has a conflict of interest.  Effective January 7, 2059.  (HB1730 HD2)

 

 

 

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