Bill Text: HI HB1882 | 2024 | Regular Session | Introduced
Bill Title: Relating To The State Ethics Commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-01-24 - Referred to JHA, referral sheet 1 [HB1882 Detail]
Download: Hawaii-2024-HB1882-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1882 |
THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE STATE ETHICS COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to clarify and modernize the way the state ethics commission provides advice and conducts investigations pursuant to sections 84-31 and 97-6, Hawaii Revised Statutes.
SECTION 2. Section 84-31, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The ethics commission
shall have the following powers and duties:
(1) It
shall prescribe forms for the disclosures required by article XIV of the Hawaii
constitution and section 84-17 and the gifts disclosure statements required by
section 84-11.5 and shall establish orderly procedures for implementing the
requirements of those provisions;
(2) It
shall provide advice upon the request of any person as to whether the facts and
circumstances of a particular situation constitute or will constitute a
violation of the code of ethics or other laws or rules administered and
enforced by the commission, and discuss ways to avoid an appearance of
impropriety. A person receiving advice
from the commission may request a written summary of that advice. The commission shall treat all advice
requests, responses, and related materials as confidential. Written summaries shall be confidential
unless the recipient waives confidentiality;
[(2)] (3) It shall render advisory opinions upon the
request of any legislator, employee, or delegate to the constitutional
convention, or person formerly holding such office or employment as to whether
the facts and circumstances of a particular case constitute or will constitute
a violation of the code of ethics. If no
advisory opinion is rendered within [thirty] ninety days after
the request is filed with the commission, it shall be deemed that an advisory
opinion was rendered and that the facts and circumstances of that particular
case do not constitute a violation of the code of ethics. The opinion rendered or deemed rendered,
until amended or revoked, shall be binding on the commission in any subsequent
charges concerning the legislator, employee, or delegate to the constitutional
convention, or person formerly holding such office or employment, who sought
the opinion and acted in reliance on it in good faith, unless material facts
were omitted or misstated by such persons in the request for an advisory
opinion[;] The commission
shall also render public general advisory opinions concerning proper
interpretation of the code of ethics and other laws or rules administered and
enforced by the commission, if it deems the opinion of sufficient general
interest and importance;
(4) It
may initiate an investigation into alleged, possible, or potential violations
of this chapter and other laws or rules administered and enforced by the
commission, on a confidential basis, having available all of the powers herein
provided, whether the investigation is made based on a charge allegation, other
information or indications, or as the commission determines is in the public
interest;
[(3)] (5) It shall initiate, receive, and consider
charges and other information, on a confidential basis, concerning
alleged [violation], possible, or potential violations of this
chapter[,] and other laws or rules administered and enforced by the
commission, initiate or make investigation, and hold hearings;
[(4) It]
(6) Upon adoption of a
resolution defining the scope and nature of the inquiry, supported by a vote of
three or more members of the commission, the commission may subpoena
witnesses, administer oaths, and take testimony relating to matters before the
commission and require the production for examination of any books or papers
relative to any matter under investigation or in question before the commission[. Before the commission shall exercise any of
the powers authorized in this section with respect to any investigation or hearings
it shall by formal resolution, supported by a vote of three or more members of
the commission, define the nature and scope of its inquiry];
[(5)] (7) It may, from time to time adopt, amend, and
repeal any rules, not inconsistent with this chapter, that in the judgment of
the commission seem appropriate for the carrying out of this chapter and for
the efficient administration thereof, including every matter or thing required
to be done or which may be done with the approval or consent or by order or under
the direction or supervision of or as prescribed by the commission. The rules, when adopted as provided in
chapter 91, shall have the force and effect of law;
[(6)] (8) It shall have jurisdiction for purposes of
investigation and taking appropriate action on [alleged] possible
violations of this chapter in all proceedings commenced within six years of [an
alleged] a possible violation of this chapter by a legislator or
employee or former legislator or employee.
A proceeding shall be deemed commenced by the filing of a charge with
the commission or by the signing of a charge by three or more members of the
commission. Nothing herein shall bar
proceedings against a person who by fraud or other device, prevents discovery
of a violation of this chapter;
[(7)] (9) It shall distribute its publications without
cost to the public and shall initiate and maintain programs with the purpose of
educating the citizenry and all legislators, delegates to the constitutional
convention, and employees on matters of ethics in government employment; and
[(8)] (10) It shall administer any code of ethics
adopted by a state constitutional convention, subject to the procedural
requirements of this part and any rules adopted thereunder.
(b)
Charges concerning the violation of this chapter shall be in writing,
signed by the person making the charge under oath, except that any charge
initiated by the commission shall be signed by three or more members of the
commission. The commission shall [notify
in writing] issue written notice to every person against whom a
charge is received and afford the person an opportunity to explain the conduct
alleged to be in violation of the chapter.
The commission may investigate, after compliance with this section, such
charges and render an informal advisory opinion to the alleged violator. The commission shall investigate all charges
on a confidential basis, having available all the powers herein provided, and
proceedings at this stage shall not be public.
If the informal advisory opinion indicates a probable violation, the
person charged shall request a formal opinion or within a reasonable time
comply with the informal advisory opinion.
If the person charged fails to comply with such informal advisory
opinion or if a majority of the members of the commission determine that there
is probable cause for belief that a violation of this chapter might have
occurred, a copy of the charge and a further statement of the alleged violation
shall be personally served upon the alleged violator. Service shall be made by personal service
upon the alleged violator wherever found or by registered or certified mail
with a request for a return receipt and marked deliver to addressee
only. If after due diligence service
cannot be effected successfully in accordance with the above, service may be
made by publication if so ordered by the circuit court of the circuit wherein
the alleged violator last resided. The
state ethics commission shall submit to the circuit court for its consideration
in issuing its order to allow service by publication an affidavit setting forth
facts based upon the personal knowledge of the affiant concerning the methods,
means, and attempts made to locate and effect service by personal service or by
registered or certified mail in accordance with the above. Service by publication when ordered by the
court shall be made by publication once a week for four successive weeks of a
notice in a newspaper of general circulation in the circuit of the alleged
violator's last known state address. The
alleged violator shall have twenty days after service thereof to respond in
writing to the charge and statement."
SECTION 3. Section 97-6, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The state ethics commission shall administer and implement this chapter, and shall have the following powers and duties:
(1) Initiate, receive,
and consider charges and other information, on a confidential basis,
concerning alleged, possible, or potential violations of this chapter[,]
and other laws or rules administered and enforced by the commission, and
investigate or cause to be investigated on a confidential basis, the activities
of any person to determine whether the person is in compliance with this
chapter;
(2) Prescribe forms for the documentation, statements and reports required by sections 97-2 and 97-3 and establish orderly procedures for implementing the requirements of those provisions;
(3) Provide advice
upon the request of any person as to whether the facts and circumstances of a
particular situation constitute or will constitute a violation of this chapter
or other laws or rules administered and enforced by the commission and discuss
ways to avoid an appearance of impropriety.
A person receiving advice from the commission may request a written
summary of that advice. The commission
shall treat all advice requests, responses, and related materials as
confidential. Written summaries shall be
confidential unless the recipient waives confidentiality;
[(3)] (4) Render advisory opinions upon the
request of any person subject to this chapter.
If no advisory opinion is rendered within [thirty] ninety
days after the request is filed with the commission, it shall be deemed that an
advisory opinion was rendered and that the facts and circumstances of that
particular case do not constitute a violation of this chapter. The opinion rendered or deemed rendered,
until amended or revoked, shall be binding on the commission in any subsequent
charges concerning the person subject to this chapter who sought the opinion
and acted in reliance on it in good faith, unless material facts were omitted
or misstated by the person in the request for an advisory opinion[;]. The commission shall also render public
general advisory opinions concerning proper interpretations of the laws of this
chapter and other laws or rules administered and enforced by the commission, if
it deems the opinion of sufficient general interest and importance;
[(4)] (5) Issue subpoenas, administer oaths, and
require the production for examination of any records or papers relative to
any matter under investigation or in question before the commission, and exercise
those powers conferred upon the commission by section 92-16;
[(5)] (6) Adopt, amend, and repeal rules,
not inconsistent with this chapter, as in the judgment of the commission seem
appropriate for the carrying out of this chapter and for the efficient administration
of this chapter, including every matter or thing required to be done or which
may be done with the approval or consent or by order or under the direction or
supervision of, or as prescribed by, the commission. The rules, when adopted as provided in
chapter 91, shall have the force and effect of law; [and]
[(6)] (7) Have jurisdiction
for purposes of investigation and taking appropriate action on [alleged]
possible violations of this chapter in all proceedings commenced within [three]
six years of [an alleged] a possible violation of this
chapter. A proceeding shall be deemed
commenced by the filing of a charge with the commission or by the signing of a
charge by three or more members of the commission. Nothing shall bar proceedings against a
person who by fraud or other device prevents discovery of a violation of this
chapter[.]; and
(8) Distribute
educational and advisory publications and initiate, administer, and maintain
training programs for the purpose of training lobbyists on compliance with
state lobbying laws and applicable parts of the code of ethics.
(b)
Charges concerning the violation of this chapter shall be in writing,
signed by the person making the charge under oath, except that any charge
initiated by the commission shall be signed by three or more members of the
commission. The commission shall [notify
in writing] issue written notice to every person against whom a
charge is received and afford the person an opportunity to explain the conduct
alleged to be in violation of the chapter.
The commission may investigate, after compliance with this section, such
charges and render an informal advisory opinion to the alleged violator. The commission shall investigate all charges
on a confidential basis, having available all the powers herein provided, and
proceedings at this stage shall not be public.
If the informal advisory opinion indicates a probable violation, the
person charged shall request a formal opinion or within a reasonable time
comply with the informal advisory opinion.
If the person charged fails to comply with such informal advisory
opinion or if a majority of the members of the commission determine that there
is probable cause for belief that a violation of this chapter might have
occurred, a copy of the charge and a further statement of the alleged violation
shall be personally served upon the alleged violator. Service shall be made by personal service
upon the alleged violator wherever found or by registered or certified mail
with request for a return receipt and marked deliver to addressee only. If after due diligence service cannot be
effected successfully in accordance with the above, service may be made by
publication if so ordered by the circuit court of the circuit wherein the
alleged violator last resided. The
commission shall submit to the circuit court for its consideration in issuing
its order to allow service by publication an affidavit setting forth facts
based upon the personal knowledge of the affiant concerning the methods, means,
and attempts made to locate and effect service by personal service or by
registered or certified mail in accordance with the above. Service by publication when ordered by the
court shall be made by publication once a week for four successive weeks of a
notice in a newspaper of general circulation in the circuit of the alleged
violator's last known state address. The
alleged violator shall have twenty days after service thereof to respond in
writing to the charge and statement."
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.
INTRODUCED BY: |
_____________________________ |
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By Request |
Report Title:
HSEC;
State Ethics Commission Package; Advice; Investigations
Description:
Clarifies and modernizes the way the State Ethics Commission provides advice and conducts investigations pursuant to sections 84-31 and 97-6, Hawaii Revised Statutes.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.