HOUSE OF REPRESENTATIVES

H.B. NO.

2175

TWENTY-SIXTH LEGISLATURE, 2012

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ETHICS.

 

 

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

 


     SECTION 1.  The legislature finds that it is authorized to establish task forces on an ad hoc basis that serve information-gathering functions, such as investigating and discussing policy issues and making non-binding recommendations to the legislature for proposed legislation, and do not perform adjudicatory or regulatory functions.  Private-sector members of these task forces are selected to represent particular industries and areas of interest, and contribute their knowledge and experience to assist the task force in accomplishing its purpose and objectives.  Moreover, task force members serve without pay and are not entitled to public employee benefits and pensions for their service on the task force.

     The purpose of this Act is to clarify that a person serving on a task force established by the legislature for the purpose of recommending possible legislation is exempt from the conflict of interest law under the state ethics code.

     SECTION 2.  Section 84-3, Hawaii Revised Statutes, is amended as follows:

     1.  By amending the definition of "employee" to read:

     ""Employee" means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators, delegates to the constitutional convention, justices and judges[.], and, for purposes of this chapter, members of task forces, working groups, or other similar entities established by the legislature for the purpose of recommending possible legislation."

     2.  By amending the definition of "state agency" to read:

     ""State agency" includes the State, the legislature and its committees, all executive departments, boards, commissions, committees, bureaus, offices, the University of Hawaii, and all independent commissions and other establishments of the state government, but excluding the courts[.], and task forces, working groups, or other similar entities established by the legislature for the purpose of recommending possible legislation."

     SECTION 3.  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.

     A department head who is unable to disqualify [himself] oneself on any matter described in items (1) and (2) above 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.  This section shall not apply to a person serving on a task force, working group, or other similar entity established by the legislature for the purpose of recommending possible legislation."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.


 


 

Report Title:

Conflict of Interest; Task Force Members; Ethics Code

 

Description:

Exempts a person serving on a task force, working group, or other similar entities established by the legislature for the purpose of recommending possible legislation from the conflict of interest law under the state ethics code and clarifies that an employee, as defined in the ethics code, does not include such persons.  (HB2175 HD1)

 

 

 

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