STAND. COM. REP. NO.  938-16

Honolulu, Hawaii

                , 2016

RE:   H.B. No. 1713

      H.D. 2

Honorable Joseph M. Souki

Speaker, House of Representatives

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 1713, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO ETHICS,"

begs leave to report as follows:

The purpose of this measure is to:

     (1)  Permit state government employees to engage in extracurricular service and receive detached remuneration for the performance of the extracurricular service if certain conditions are met; and

     (2)  Repeal section 84-1, Hawaii Revised Statutes, relating to the statutory construction of the State Ethics Code.

The Department of Education, Hawaii State Teachers Association, IMUAlliance, and one concerned individual testified in support of the measure.  The Hawaii State Ethics Commission, Common Cause Hawaii, The League of Women Voters of Hawaii, Ho‘omana Pono, and several concerned individuals testified in opposition.

     Your Committee has amended this measure by:

     (1)  Deleting the repeal of section 84-1, Hawaii Revised Statutes, relating to the statutory construction of the State Ethics Code;

     (2)  Exempting certain Department of Education and Public Charter School employees from the State Ethics Code relating to gifts, gift reporting, and conflicts of interest when the employees are engaged in a non-publicly funded student educational trip;

     (3)  Requiring the Department of Education and State Public Charter School Commission to review any existing policy, procedure, or rule previously adopted for consistency and compliance within 90 days of the measure's effective date;

     (4)  Changing its effective date to March 15, 2037, to encourage further discussion; and

     (5)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1713, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 1713, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

KARL RHOADS, Chair