THE SENATE	S.B. NO.	626
TWENTY-EIGHTH LEGISLATURE, 2015
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 Act 208, Session Laws of Hawaii 2012, provides a state ethics code exemption to members of task forces convened by legislation, executive order, or by invitation of the legislature to study an issue for a specific time period for report to the legislature.  However, the state ethics commission discovered the Act inadvertently exempted legislators from section 84-13, Hawaii Revised Statutes, allowing legislators, in their official capacity, to use their position to secure unwarranted privileges, advantages, or treatment for themselves or others.

     The purpose of this Act is to amend the scope of action that is permitted by section 84-13, Hawaii Revised Statutes, from official action by a legislator to action in the exercise of the legislator's legislative functions.

     SECTION 2.  Section 84-13, Hawaii Revised Statutes, is amended to read as follows:

     "§84-13  Fair treatment.  No legislator or employee shall use or attempt to use the legislator's or employee's official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others; including but not limited to the following:

     (1)  Seeking other employment or contract for services for oneself by the use or attempted use of the legislator's or employee's office or position.

     (2)  Accepting, receiving, or soliciting compensation or other consideration for the performance of the legislator's or employee's official duties or responsibilities except as provided by law.

     (3)  Using state time, equipment or other facilities for private business purposes.

     (4)  Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the legislator or employee inspects or supervises in the legislator's or employee's official capacity.

     Nothing herein shall be construed to prohibit a legislator from introducing bills and resolutions, or to prevent a person from serving on a task force or from serving on a task force committee, or from making statements or taking [official] action [as a legislator,] in the exercise of the legislator's legislative functions, or as a task force member or a task force member's designee or representative.  Every legislator, or task force member or designee or representative of a task force member shall file a full and complete public disclosure of the nature and extent of the interest or transaction which the legislator or task force member or task force member's designee or representative believes may be affected by the legislator's or task force member's official action."

     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.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

State Ethics Code; Fair Treatment; Legislators

 

Description:

Amends the scope of action that is permitted by the fair treatment provisions of the ethics code from official action by a legislator to taking action in the exercise of the legislator's legislative functions.

 

 

 

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