HOUSE OF REPRESENTATIVES

H.B. NO.

237

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to ethics training.

 

 

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

 


     SECTION 1.  Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to part V to be appropriately designated and to read as follows:

     "§84‑    Definitions.  As used in this part, unless the context requires otherwise:

     "Ethics training" means education and training in the ethics laws set forth in this chapter."

     SECTION 2.  Section 84-41, Hawaii Revised Statutes, is amended to read as follows:

     "§84-41  Applicability of part.  This part applies to [legislators, members of the board of education, trustees of the office of Hawaiian affairs, the governor, the lieutenant governor, and executive department heads and deputies.  This part does not apply to any other officer or employee of the State.] all persons required to file a financial disclosure statement pursuant to section 84-17(d); all members of a board, as defined in section 92-2; state employees responsible for procurement; state employees who administer state contracts; and state employees who regulate or inspect private organizations."

     SECTION 3.  Section 84-42, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§84-42[]]  Mandatory ethics training course.  (a)  All [state officers and employees] persons enumerated in section 84‑41 shall complete [an] a course in ethics training [course], as defined in section 84-  , administered by the state ethics commission as provided in this part[.  For the purposes of this part, "ethics training" includes education and training in:

     (1)  The ethics laws set forth in this chapter; and

     (2)  The lobbying laws set forth in chapter 97.], within thirty days of taking office or an employee's first day of employment, and once every four years thereafter.

     (b)  All persons who are required to file a financial disclosure statement pursuant to section 84-17(d) shall attend an ethics training course in person.

     (c)  All members of a board, as defined in section 92-2, and not included in section 84-17(d); state employees responsible for procurement; state employees who administer state contracts; and state employees who regulate or inspect private organizations shall complete an online ethics training course."

     SECTION 4.  Section 84-43, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§84-43[]]  Ethics training course.  (a)  The state ethics commission shall establish, design, supervise, and conduct in-person and online ethics training courses, designed specifically for the [officers and employees] persons to whom this part applies.

     (b)  The ethics training course shall include:

     (1)  Explanations and discussions of the ethics laws, administrative rules, [and] relevant internal policies[;], and consequences for violations of ethics laws;

     (2)  Additional information and clarification regarding standards of conduct; compensation, gifts, and other items of value; prohibited representations; conflicts of interest; campaign and political activity restrictions; contracts; disclosure of confidential information; and abuse of office;

    [(2)] (3)  Specific technical and legal requirements;

    [(3)] (4)  The underlying purposes and principles of ethics laws;

    [(4)] (5)  Examples of practical application of the laws and principles; and

    [(5)] (6)  A question-and-answer [participatory] segment regarding common problems and situations.

The state ethics commission shall develop the methods and prepare any materials necessary to establish, implement, and administer the ethics training course.

     (c)  The state ethics commission shall:

     (1)  [Administer the] Develop, implement, and administer an ethics training course;

     (2)  Designate those of its legal staff who are to conduct the in-person ethics training course; and

     (3)  Notify each [officer or employee] person enumerated in section 84-41 that their in-person attendance in this course or online completion of this course, as applicable, is mandatory.

     (d)  The in-person and online ethics training [course] courses shall [be held in January of each year for those who have not attended the course previously.  The course shall last at least two hours in length.] be made available on a regular basis for each person enumerated in section 84-42(b) and on an ongoing basis for each person enumerated in section 84-42(c).

     [(e)  The state ethics commission may repeat the course as necessary to accommodate all persons who are required to attend.

     (f)] (e)  Each state agency shall provide to the state ethics commission the names of those required to take the course [in a timely manner and assist the commission by providing adequate meeting facilities for the ethics training course.] and provide each person enumerated in section 84-41 with sufficient time to comply with the requirements of section 84-42."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2016.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

State Ethics Commission; Mandatory Online and In-person Ethics Training Course; Public Officials; Employees

 

Description:

Requires the state ethics commission to offer a more comprehensive ethics training course that is to be completed by persons subject to section 84-41, HRS, within thirty days of taking office or starting employment and once every four years thereafter.  Requires all persons required to file a financial disclosure statement pursuant to section 84-17(d), HRS, to attend an in-person ethics course and all members of a board, as defined in section 92-2 and not included in section 84-17(d); state employees responsible for procurement; state employees who administer state contracts; and state employees who regulate or inspect private organizations to complete an online ethics course.  Takes effect on July 1, 2016.

 

 

 

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