Bill Text: HI SB875 | 2018 | Regular Session | Introduced
Bill Title: Relating To Ethics.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2018-01-17 - Re-Referred to JDC. [SB875 Detail]
Download: Hawaii-2018-SB875-Introduced.html
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THE SENATE |
S.B. NO. |
875 |
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TWENTY-NINTH LEGISLATURE, 2017 |
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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 recognizes the importance of ethics education and advice in preventing ethics violations from occurring, and encourages the state ethics commission to continue its practice of providing guidance to state employees and the public. The legislature also finds that the public would benefit from additional clarity and consistency in the administration and enforcement of the State's ethics laws.
Accordingly, the purpose of this Act is to clarify the procedures used by the state ethics commission and its staff for providing advice on ethics issues; educating employees, legislators, lobbyists, and the general public; and resolving investigations.
SECTION 2. Section 84-31, Hawaii Revised Statutes, is amended by amending subsection (a) 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 render advisory opinions upon the
request of any legislator, employee, or delegate to the constitutional
convention, or person formerly holding [such] the 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[.], section
11-8, or section 11-316. If no advisory opinion is rendered within [thirty]
sixty 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] the 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] those persons in the request for
an advisory opinion;
(3) It shall initiate, receive, and consider charges
concerning an alleged violation of this chapter, initiate or make
investigation, and hold hearings[;]. The commission and the subject of any investigation or charge may agree at
any time to resolve any alleged violation of this chapter; provided that any
resolution shall be in writing and shall be signed by three or more members of
the commission and by the subject of the investigation or charge; provided
further that the resolution shall have the force and effect of a final decision
and order issued after a contested case hearing and shall not be appealable;
(4) It 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) 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] that 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) It shall have jurisdiction for purposes of
investigation and taking appropriate action on alleged violations of this
chapter in all proceedings commenced within six years of an alleged 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] in this paragraph shall bar
proceedings against a person who by fraud or other device, prevents discovery
of a violation of this chapter;
(7) 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]. It may issue guidance regarding the application of this chapter;
provided that the guidance shall not have the force and effect of law;
(8) 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[.]; and
(9) It may authorize its staff to provide confidential guidance to any individual as to whether the facts and circumstances of a particular case constitute or would constitute a violation under this chapter, section 11-8, or section 11-316; provided that nothing in this paragraph shall establish an attorney-client relationship between the person seeking advice and the commission or its staff; provided further that any written guidance rendered by commission staff advising that proposed conduct is allowable, until amended or revoked, shall be binding upon the commission in any subsequent charges concerning the individual who sought the guidance and acted in reliance on that guidance in good faith, unless material facts were omitted or misstated by the individual in making the request for guidance; and provided further that nothing in this paragraph shall prevent the commission or its staff from investigating alleged violations of this chapter."
SECTION 3. Section 97-6, Hawaii Revised Statutes, is amended by amending subsection (a) 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
concerning alleged violations of this chapter, 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[;]. The commission and the subject of any investigation or
charge may agree at any time to resolve any alleged violation of this chapter;
provided that any resolution shall be in writing and shall be signed by three
or more members of the commission and by the subject of the investigation or
charge; provided further that the resolution shall have the force and effect of
a final decision and order issued after a contested case hearing and shall not
be appealable;
(2) Prescribe forms for the statements and reports required by sections 97-2 and 97-3 and establish orderly procedures for implementing the requirements of those provisions;
(3) Render advisory opinions upon the request of any
person subject to this chapter. If no advisory opinion is rendered within [thirty]
sixty 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;
(4) Issue subpoenas, administer oaths, and exercise those powers conferred upon the commission by section 92-16;
(5) Adopt 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] that 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) Have jurisdiction for purposes of investigation
and taking appropriate action on alleged violations of this chapter in all
proceedings commenced within three years of an alleged 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[.];
(7) Issue guidance regarding the application of this chapter; provided that the guidance shall not have the force and effect of law; and
(8) Authorize its staff to provide confidential guidance to any individual as to whether the facts and circumstances of a particular case constitute or would constitute a violation under this chapter; provided that nothing in this paragraph shall establish an attorney-client relationship between the person seeking advice and the commission or its staff; provided further that any written guidance rendered by commission staff advising that proposed conduct is allowable shall, until amended or revoked, be binding upon the commission in any subsequent charges concerning the individual who sought the guidance and acted in reliance on that guidance in good faith, unless material facts were omitted or misstated by the individual in making the request for guidance; and provided further that nothing in this paragraph shall prevent the commission or its staff from investigating alleged violations of this chapter."
SECTION 4. The state ethics commission, in its discretion, may make any changes that it deems necessary to internal procedures or forms to aid in the implementation of this Act.
SECTION 5. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
State Ethics Commission; Guidance; Violations; Allegations; Resolution
Description:
Clarifies how the Ethics Commission may provide guidance and resolve allegations of violations.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
