Report Title:

Legislators, Conflict of Interests, Rules

 

Description:

Requires the legislature to adopt conflict of interest rules by 3/1/03.

THE SENATE

S.B. NO.

3065

TWENTY-FIRST LEGISLATURE, 2002

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ETHICS.

 

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

SECTION 1. Article XIV of the state constitution states that: "The people of Hawaii believe that public officers and employees must exhibit the highest standards of ethical conduct and that these standards come from the personal integrity of each individual in government" and requires the legislature to adopt a code of ethics for public officers and employees of the State. This was done by adoption of the state ethics code in part II of chapter 84, Hawaii Revised Statutes. However, the conflicts of interest provisions in section 84-14(a) and (b), Hawaii Revised Statutes, do not apply to legislators. This section states: "(a) No employee shall take any official action directly affecting:

(1) A business or other undertaking in which he has a substantial financial interest; or

(2) A private undertaking in which he is engaged as legal counsel, advisor, consultant, representative, or other agency capacity.

(b) No employee shall acquire financial interests in any business or other undertaking which he has reason to believe may be directly involved in official action to be taken by him."

The legislature finds that the exclusion of legislators from these sections is necessary in order to comply with article III, section 7 of the state constitution, which states in part: "No member of the legislature shall be held to answer before any other tribunal for any ... action taken in the exercise of the member's legislative functions", and believes that the legislature itself should hold members to answer for actions that may fall below standards of ethical conduct involving conflicts of interest contrary to article XIV and the state ethics law.

The purpose of this Act is to require the legislature to adopt conflict of interest rules.

SECTION 2. By March 1, 2003, the legislature shall hold a public hearing and adopt house and senate rules on conflicts of interest. These rules shall prohibit and specify a remedy for actions by legislators that parallel actions that would be a violation of section 84-14(a) and (b) if done by state employees.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________