Bill Text: HI SB2560 | 2012 | Regular Session | Introduced
Bill Title: Conflict of Interest; Task Force Members; Ethics Code
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-01-23 - (S) Referred to JDL. [SB2560 Detail]
Download: Hawaii-2012-SB2560-Introduced.html
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THE SENATE |
S.B. NO. |
2560 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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STATE OF HAWAII |
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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 to 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 members of
task forces or working groups 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 or working groups 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 or working group 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.
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INTRODUCED BY: |
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Report Title:
Conflict of Interest; Task Force Members; Ethics Code
Description:
Exempts a person serving on a task force or working group 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.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
