Report Title:

Constitution; Ethics; Legislator; Conflict of Interest

Description:

Amends article III of the state constitution to prohibit a legislator with a personal, private, or professional interest in a measure from voting on the measure. Amends the law to conform with the proposed constitutional amendment.

HOUSE OF REPRESENTATIVES

H.B. NO.

899

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the legislature.

 

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

SECTION 1. The purpose of this Act is to propose an amendment to article III of the Constitution of the State of Hawaii to prohibit a legislator who has a substantial personal, private, or professional interest in a legislative bill or measure from voting on the bill or measure.

SECTION 2. Article III of the Constitution of the State of Hawaii is amended by adding a new section to be appropriately designated and to read as follows:

"DISCLOSURE OF PERSONAL, PRIVATE, OR PROFESSIONAL

INTEREST; PROHIBITION ON VOTING

Section . A member having a personal, private, or professional interest in a bill or measure shall be prohibited from voting on the bill or measure and shall disclose the fact in writing to the member's respective house. A personal, private, or professional interest is one that would particularly benefit the member or an individual or entity to whom the member is financially or legally obligated, or personally related. A personal, private, or professional interest is distinguishable from the interests of the general public or a substantial class of persons."

SECTION 3. The question to be printed on the ballot shall be as follows:

"Shall a legislator who has a personal, private, or professional interest in a legislative bill or measure be prohibited from voting on the bill or measure and be required to disclose the fact in writing to the member's respective house?"

SECTION 4. Section 84-13, Hawaii Revised Statutes, is amended to read as follows:

"§84-13 Fair treatment. 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] the legislator or employee 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.

[Nothing] Except as prohibited by section of article III of the state constitution, nothing herein 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 the interest or transaction [which] that the legislator believes may be affected by legislative action."

SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New constitutional and statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval; provided that:

(1) The amendment proposed in section 2 to article III of the Constitution of the State of Hawaii shall take effect upon compliance with article XVII, section 3, of the Constitution of the State of Hawaii; and

(2) Section 4 shall take effect upon ratification of the constitutional amendment proposed in this Act.

INTRODUCED BY:

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