Report Title:

Conflicts of Interest

 

Description:

Expands conflicts of interests section of state ethics code.  (HB909 HD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

909

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

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 by amending subsection (a) to read as follows:

     "(a)  No employee shall take any official action directly affecting:

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

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

     (3)  A business or undertaking in which the employee knows or has reason to know that a brother, a sister, a parent, or an emancipated child of the employee has:

          (A)  An ownership interest in the business;

          (B)  A creditor interest in the insolvent business;

          (C)  An employment, or a prospective employment for which negotiations have begun;

          (D)  An ownership interest in real or personal property;

          (E)  A loan or other debtor interest; or

          (F)  A directorship or officership in the business,

that is substantial.

     A department head who is unable to disqualify [himself] the department head's self on any matter described in [items] paragraphs (1) [and], (2), or (3)  above [will] shall 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 member has a substantial financial interest; provided that the substantial financial interest is related to the member's particular qualifications."

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  Statutory material to be repealed is bracketed and stricken.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

     SECTION 3.  This Act shall take effect on January 1, 2112.