Report Title:

Conflicts of Interest, Legislators

Description:

Prohibits legislators from taking any official action directly affecting a business or other undertaking in which the legislator has a substantial financial interest or a private undertaking in which the legislator is an agent. Prohibits legislators from acquiring a financial interest in certain undertakings.

HOUSE OF REPRESENTATIVES

H.B. NO.

1609

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO CONFLICTS OF INTEREST.

 

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

SECTION 1. Section 84-14, Hawaii Revised Statutes, is amended to read as follows:

"84-14 Conflicts of interests. (a) No legislator or employee shall take any official action directly affecting:

(1) A business or other undertaking in which [he] the legislator or employee has a substantial financial interest; or

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

A department head who is unable to disqualify [himself] the department head's self on any matter described in [items] paragraphs (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] person's particular qualifications.

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

(c) No legislator or employee shall assist any person or business or act in a representative capacity before any state or county agency for a contingent compensation in any transaction involving the State.

(d) No legislator or employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in which [he] the legislator or employee has participated or will participate as a legislator or employee, nor shall [he] the legislator or employee assist any person or business or act in a representative capacity for a fee or other compensation on such a bill, contract, claim, or other transaction or proposal before the legislature or agency of which [he] the legislator or employee is an employee or legislator.

(e) No legislator or employee shall assist any person or business or act in a representative capacity before a state or county agency for a fee or other consideration on any bill, contract, claim, or other transaction or proposal involving official action by the agency if [he] the legislator or employee has official authority over that state or county agency, unless [he] the legislator or employee has complied with the disclosure requirements of section 84-17.

(f) Provided that no conflict of interest is otherwise found to exist, nothing in this section shall be construed to prohibit a legislator from introducing bills and resolutions, serving on committees, or from making statements or taking action in the exercise of the legislator's legislative functions. Every legislator shall file a full and complete public disclosure of the nature and extent of any of the legislator's interests or transactions which the legislator believes may be affected by legislative action."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

INTRODUCED BY:

_____________________________