HOUSE OF REPRESENTATIVES

H.B. NO.

1864

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the state ethics code.

 

 

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

 


     SECTION 1.  The legislature finds that information gathering is an important and constitutionally protected legislative function.  Accordingly, the legislature frequently creates advisory task forces and working groups that seek to include individuals from the private sector.  The legislature values the input it receives from those who have interest or expertise in a particular subject area.

     The legislature finds that an individual is subject to the ethics code as an employee of the State if the individual has been nominated, appointed, or elected, and is an officer or an employee of the State.  The legislature further finds that individuals are selected or invited to participate on task forces and working groups; they are not nominated, appointed, or elected to those positions.  The legislature also finds that there is no employee-employer relationship between the State and members of legislatively created task forces and working groups, as task force and working group members do not act on behalf of or bind the State in any manner and do not perform adjudicatory or decision-making actions.  Therefore, the legislature believes that members of task forces and working groups are not employees of the State for the purposes of the state ethics code.

     The purpose of this Act is to clarify in statute the legislature's understanding that members of legislatively created task forces and working groups are not considered employees of the State for the purposes of the state ethics code.

     SECTION 2.  Section 84-3, Hawaii Revised Statutes, is amended by amending the definition of "employee" to read as follows:

     ""Employee" means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators, delegates to the constitutional convention, members of legislatively created task forces and working groups, justices, and judges."

     SECTION 3.  New statutory material is underscored.


     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

State Ethics Code; Employees

 

Description:

Clarifies that members of legislatively created task forces and working groups are not considered employees of the State for the purposes of the state ethics code.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.