HOUSE OF REPRESENTATIVES

H.B. NO.

508

TWENTY-NINTH LEGISLATURE, 2017

H.D. 1

STATE OF HAWAII

S.D. 1

 

C.D. 1

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ETHICS.

 

 

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

 


     SECTION 1.  Section 84-39, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§84-39[]]  Administrative fines.  (a)  Where an administrative fine has not been established for a violation of [a provision of] this chapter, any person, including a legislator or employee, who violates [a provision of] this chapter shall be subject to an administrative fine imposed by the state ethics commission that shall not exceed [$500] $1,000 for each violation.  All fines collected under this section shall be deposited in the general fund.

     (b)  No fine shall be assessed under this section unless:

     (1)  The state ethics commission convenes a hearing in accordance with section 84-31(c) and chapter 91[;] and

    [(2)  A] a decision has been rendered by the commission[.]; or

     (2)  The state ethics commission and respondent agree to resolve any charge of an alleged violation prior to completion of the contested case process and the resolution includes payment of an administrative fine or restitution, or both."

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 4.  This Act shall take effect upon its approval.


 


 

Report Title:

Government; Ethics; Fine Increases; Settlement Agreement

 

Description:

Increases the maximum administrative fines for ethics violations.  Clarifies the assessment of fines in the context of a settlement agreement.  (HB508 CD1)

 

 

 

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