HOUSE OF REPRESENTATIVES	H.B. NO.	813
TWENTY-EIGHTH LEGISLATURE, 2015		H.D. 2
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO THE CODE OF ETHICS.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to clarify the fair treatment law by separating out certain limitations placed on task force members from those placed on legislators and make clear that legislators are not prohibited from taking 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.  (a)  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.

     (b)  Nothing [herein] in this section 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,] committees, or from making statements or taking [official] action [as a legislator, or a task force member or a task force member's designee or representative.] in the exercise of the legislator's legislative functions.  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.] legislative action.

     (c)  Nothing in this section shall be construed to prevent a person from serving on a task force or a task force committee, or from making statements or taking official action as a task force member or a task force member's designee or representative.  Every 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 task force member or task force member's designee or representative believes may be affected by the 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.

 

 

Report Title:

Ethics Code; Task Force

 

Description:

Clarifies the fair treatment law by separating out certain limitations placed on task force members from those placed on legislators.  Makes clear that legislators are not prohibited from taking action in the exercise of the legislator's legislative functions.  (HB813 HD2)

 

 

 

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