Bill Text: HI SB182 | 2023 | Regular Session | Introduced
Bill Title: Relating To Disclosures Of Financial Interests.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-06-23 - Act 129, 06/23/2023 (Gov. Msg. No. 1230). [SB182 Detail]
Download: Hawaii-2023-SB182-Introduced.html
THE SENATE |
S.B. NO. |
182 |
THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DISCLOSURES OF FINANCIAL INTERESTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 2. Section 84-17, Hawaii Revised Statutes, is amended to read as follows:
"§84-17 Requirements of disclosure. (a) For the purposes of this section, "disclosure period" refers to the period from January 1 of the preceding calendar year to the time of the filing of the employee's or legislator's disclosure of financial interests.
(b) The disclosure of financial [interest]
interests required by this section shall be filed:
(1) By any person enumerated in subsection (c), except a member of the legislature, between January 1 and May 31 of each year;
(2) By a member of the legislature between January 1 and January 31 of each year;
(3) Within thirty days of a person's election or appointment to a state position enumerated in subsection (c); or
(4) Within thirty days of separation from a state position if a prior financial disclosure statement for the position was not filed within the one hundred eighty days preceding the date of separation;
provided
that candidates for state elective offices or the constitutional convention
shall file the required statements no later than [twenty] ten
days [prior to] after the [date of the primary election for
state offices or the election of delegates to the constitutional convention.]
nomination filing deadline established pursuant to section 12-6.
(c) The following persons shall file annually with the state ethics commission a disclosure of financial interests:
(1) The
governor, the lieutenant governor, the members of the legislature, and
delegates to the constitutional convention; provided that delegates to the
constitutional convention shall only be required to file initial disclosures;
(2) The
directors and their deputies, the division chiefs, the executive directors and
the executive secretaries and their deputies, the purchasing agents and the
fiscal officers, regardless of the titles by which the foregoing persons are
designated, of every state agency and department;
(3) The
permanent employees of the legislature and its service agencies, other than
persons employed in clerical, secretarial, or similar positions;
(4) The
administrative director of the State, and the assistants in the office of the
governor and the lieutenant governor, other than persons employed in clerical,
secretarial, or similar positions;
(5) The
hearings officers of every state agency and department;
(6) The
president, the vice presidents, assistant vice presidents, the chancellors, and
the provosts of the University of Hawaii and its community colleges;
(7) The
superintendent, the deputy superintendent, the assistant superintendents, the
complex area superintendents, the state librarian, and the deputy state
librarian of the department of education;
(8) The
administrative director and the deputy director of the courts;
(9) The
members of every state board or commission whose original terms of office are
for periods exceeding one year and whose functions are not solely advisory;
(10) Candidates
for state elective offices, including candidates for election to the
constitutional convention, provided that candidates shall only be required to
file initial disclosures;
(11) The
administrator and assistant administrator of the office of Hawaiian affairs;
(12) The
Hawaii unmanned aerial systems test site chief operating officer[[];[]]
and
(13) The members of the school facilities board appointed by the governor.
(d) The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:
(1) The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, the trustees of the office of Hawaiian affairs, and candidates for state elective offices;
(2) The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;
(3) The administrative director of the State;
(4) The president, the vice presidents, the assistant vice presidents, the chancellors, members of the board of regents, and the provosts of the University of Hawaii;
(5) The members of the board of education and the superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;
(6) The administrative director and the deputy director of the courts;
(7) The administrator and the assistant administrator of the office of Hawaiian affairs; and
(8) The members of the following state boards, commissions, and agencies:
(A) The board of directors of the agribusiness development corporation established under section 163D-3;
(B) The board of agriculture established under section 26-16;
(C) The state ethics commission established under section 84-21;
(D) The Hawaii community development authority established under section 206E-3;
(E) The Hawaiian homes commission established under the Hawaiian Homes Commission Act of 1920, as amended, and section 26-17;
(F) The board of directors of the Hawaii housing finance and development corporation established under section 201H-3;
(G) The board of land and natural resources established under section 171-4;
(H) The state land use commission established under section 205-1;
(I) The legacy land conservation commission established under section 173A-2.4;
(J) The natural area reserves system commission established under section 195-6;
(K) The board of directors of the natural energy laboratory of Hawaii authority established under section 227D-2;
(L) The board of directors of the Hawaii public housing authority established under section 356D‑3;
(M) The public utilities commission established under section 269-2;
(N) The commission on water resource management established under section 174C-7; and
(O) The stadium authority established under section 109-1.
(e)
The information on the financial disclosure statements shall be
confidential, except as provided in subsection (d). The commission shall not release the contents
of the disclosures except as may be permitted pursuant to this chapter. [Any person who releases] The
unauthorized release of any confidential financial disclosure statement
information shall be [subject to section 84-31(c).] a violation of
this chapter.
(f) Candidates for state elective offices, including candidates for election to the constitutional convention, shall only be required to disclose their own financial interests. The disclosures of financial interests of all other persons designated in subsection (c) shall state, in addition to the financial interests of the person disclosing, the financial interests of the person's spouse and dependent children. All disclosures shall include:
(1) The source and amount of all income of $1,000 or more received, for services rendered, by the person in the person's own name or by any other person for the person's use or benefit during the preceding calendar year and the nature of the services rendered; provided that required disclosure under this paragraph for the income source of the spouse or dependent child of a person subject to subsection (d) shall be limited to the name of the business or other qualifying source of income, and need not include the income source's address; provided further that other information that may be privileged by law or individual items of compensation that constitute a portion of the gross income of the business or profession from which the person derives income need not be disclosed;
(2) The amount and identity of every ownership or beneficial interest held during the disclosure period in any business having a value of $5,000 or more or equal to ten per cent of the ownership of the business and, if the interest was transferred during the disclosure period, the date of the transfer; provided that an interest in the form of an account in a federal or state regulated financial institution, an interest in the form of a policy in a mutual insurance company, or individual items in a mutual fund or a blind trust, if the mutual fund or blind trust has been disclosed pursuant to this paragraph, need not be disclosed;
(3) Every officership, directorship, trusteeship, or other fiduciary relationship held in a business during the disclosure period, the term of office and the annual compensation;
(4) The name of each creditor to whom the value of $3,000 or more was owed during the disclosure period and the original amount and amount outstanding; provided that debts arising out of retail installment transactions for the purchase of consumer goods need not be disclosed;
(5) The street address and, if available, the tax map key number, and the value of any real property in which the person holds an interest whose value is $10,000 or more, and, if the interest was transferred or obtained during the disclosure period, a statement of the amount and nature of the consideration received or paid in exchange for such interest, and the name of the person furnishing or receiving the consideration; provided that disclosure shall not be required of the street address and tax map key number of the person's residence;
(6) The names of clients assisted or represented before state agencies, except in ministerial matters, for a fee or compensation during the disclosure period and the names of the state agencies involved; and
(7) The amount and identity of every creditor interest in an insolvent business held during the disclosure period having a value of $5,000 or more.
(g) Where an amount is required to be reported, the person disclosing may indicate whether the amount is at least $1,000 but less than $10,000; at least $10,000 but less than $25,000; at least $25,000 but less than $50,000; at least $50,000 but less than $100,000; at least $100,000 but less than $150,000; at least $150,000 but less than $250,000; at least $250,000 but less than $500,000; at least $500,000 but less than $750,000; at least $750,000 but less than $1,000,000; or $1,000,000 or more. An amount of stock may be reported by number of shares.
(h) The state ethics commission shall provide a method for filing financial disclosure statements. The commission may require that financial disclosure statements be filed electronically.
(i)
Failure of a legislator, a delegate to the constitutional convention, or
employee to file a disclosure of financial interests as required by this
section shall be a violation of this chapter.
Any legislator, delegate to a constitutional convention, or employee who
fails to file a disclosure of financial interests when due [shall] may
be assessed an administrative fine of [$75.]
$50. The state ethics commission,
upon the expiration of the time allowed for filing, may post on its website for
public inspection a list of all persons who have failed to file financial
disclosure statements. The state
ethics commission shall notify a person, by in-person service, electronic mail
to the person's state electronic mail address, or first class mail, of the
failure to file, and [the disclosure of financial interests shall be
submitted to the state ethics commission not later than 4:30 p.m. on the tenth
day after notification of the failure to file has been mailed to the person.]
if applicable, the administrative fine.
If a disclosure of financial interests has not been filed within [ten
days of the due date, an additional administrative fine of $10 for each day a
disclosure remains unfiled shall be added to the administrative fine. All administrative fines collected under this
section shall be deposited in the State's general fund. Any administrative fine for late filing shall
be in addition to any other action the state ethics commission may take under
this chapter for violations of the state ethics code. The state ethics commission may waive any
administrative fines assessed under this subsection for good cause shown.] thirty
days after the original deadline, in addition to any initial administrative
fine that may have been assessed, an administrative fine of $250 may be
assessed.
(j)
The chief election officer, upon receipt of the nomination paper of any
person seeking a state elective office, including the office of delegate to the
constitutional convention, shall notify the state ethics commission of the name
of the candidate for state office and the date on which the person filed the
nomination paper. Any candidate who
fails to file a disclosure of financial interests when due may be assessed an
administrative fine of $50. The
state ethics commission, upon the expiration of the time allowed for filing,
[shall release to the] may post on its website for public inspection
a list of all candidates who have failed to file financial disclosure
statements [and shall immediately assess a late filing penalty fee against
those candidates of $50, which shall be collected
by the state ethics commission and deposited into the general fund. The state ethics commission may investigate,
initiate, or receive charges as to whether a candidate's financial disclosure
statement discloses the financial interests required to be disclosed. After proceeding in conformance with section
84-31, the state ethics commission may issue a decision as to whether a
candidate has complied with section 84-17(f) and this decision shall be a
matter of public record]. The
state ethics commission shall notify a candidate, by in-person service,
electronic mail to the candidate's electronic mail address listed with the
office of elections, or first class mail, of the failure to file, and if
applicable, the administrative fine. If
a disclosure of financial interests has not been filed within thirty days after
the original deadline, in addition to any initial administrative fine that may
have been assessed, an administrative fine of $250 may be assessed.
(k)
If notice and order of an administrative fine has been issued pursuant
to this section, the order shall become final on the twentieth day after it is
served upon the alleged violator, unless the alleged violator submits a written
request for a hearing before the state ethics commission on or before the
twentieth day. After conducting a
hearing pursuant to chapter 91, the state ethics commission may affirm, modify,
or rescind the order as appropriate. The
state ethics commission may file with the circuit court of the first circuit
any order the commission has issued pursuant to this section for the purpose of
confirming the order as a final judgment that shall have the same force and
effect and shall be enforceable and collectable as other judgments issued by
the circuit courts; provided that there shall be no appeal from the judgment.
(l)
All administrative fines collected under this section shall be deposited
into the general fund. Any administrative
fine for the late filing of a disclosure of financial interests shall be in
addition to any other action the state ethics commission may take pursuant to
this chapter. The state ethics
commission may waive any administrative fines authorized pursuant to this
section for good cause shown.
(m) The state ethics commission may investigate, initiate, or receive charges on whether a candidate's financial disclosure statement discloses the financial interests required to be disclosed. After proceeding in conformance with section 84-31, the state ethics commission may issue a decision on whether a candidate has complied with subsection (f). This decision shall be a matter of public record."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
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:
Ethics Commission Package; Disclosures; Financial Interests
Description:
Establishes that certain candidates shall file disclosures of financial interests no later than 10 days after the nomination filing deadline. Establishes that the unauthorized release of confidential financial disclosure information is subject to chapter 84, Hawaii Revised Statutes. Amends the fines imposed and procedures relating to disclosures of financial interests.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.