Report Title:

State Ethics Commission; Conflicts of Interest

Description:

Expands the circumstances in which a state official is required to the official from taking official action to include those affecting a business in which the official's close family members hold financial interests.

THE SENATE

S.B. NO.

437

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to conflicts of interests.

 

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

SECTION 1. Section 84-14, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) No employee shall take any official action directly affecting:

(1) A business or other undertaking in which [he] the employee has a substantial financial interest; [or]

(2) A private undertaking in which [he] the employee is engaged as legal counsel, advisor, consultant, representative, or other agency capacity[.]; or

(3) A business or undertaking in which the employee knows or has reason to know that a brother, a sister, a parent, or an emancipated child has a substantial financial interest; provided that the financial interests of these individuals shall not include those of any spouse or child.

A department head who is unable to disqualify [himself] the department head's self on any matter described in [items] paragraph (1) [and], (2) [above], or (3) will not be in violation of this subsection if [he] the department head has complied with the disclosure requirements of section 84-17[; and].

A person whose position on a board, commission, or committee is mandated by statute, resolution, or executive order to have particular qualifications shall only be prohibited from taking official action that directly and specifically affects a business or undertaking in which [he] the person has a substantial financial interest; provided that the substantial financial interest is related to the member's particular qualifications."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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