HOUSE OF REPRESENTATIVES

H.B. NO.

1075

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO EMOLUMENTS.

 

 

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

 


SECTION 1. The legislature finds that in the absence of the governor from the State, or the governor's inability to exercise and discharge the powers and duties of the governor's office, the powers and duties devolve upon the lieutenant governor during such absence or disability. Such responsibility makes it essential that the holder of the office of the lieutenant governor devote their complete attention, time, and energy to serving the people of Hawaii to the best of their ability and to also avoid even the appearance of a potential conflict of interest.

The legislature further finds that part of the commitment to fulfilling the duties of the office of the lieutenant governor and maintaining public integrity involves not holding other employment or receiving other emoluments while serving as lieutenant governor.

The legislature also finds that this matter is one of statewide concern and interest and is therefore a permissible area of control reserved for the legislature.

SECTION 2. Section 84-14.5, Hawaii Revised Statutes, is amended to read as follows:

"[[]84-14.5[]] Governor; lieutenant governor; outside employment and emoluments prohibited. (a) Beginning November 1, 2022, as of the sixty-first calendar day after election or appointment to office, it shall be unlawful for the governor[,] or lieutenant governor, while holding [that office,] their respective offices, to maintain any other employment, maintain a controlling interest in a business, or receive any emolument.

(b) Where a governor or lieutenant governor has a controlling interest in a business, in order to comply with this section, the governor or lieutenant governor may transfer the interest to a blind trust within sixty-one days of election or appointment.

(c) As used in this section:

"Blind trust" means a trust agreement where neither the trustor nor the beneficiaries have any control or influence over, or knowledge of, the assets in the trust, and which complies with the definition of "qualified blind trust" in the Ethics in Government Act of 1978, 5 U.S.C. App. 4 section 101 et seq., as amended.

"Emolument" means any salary, fee, payment, wage, earning, allowance, stipend, honorarium, or reward; provided that "emolument" does not include the salary or benefits for service as the governor or lieutenant governor or any pension income; retirement income; social security payment; non-controlling ownership of stocks, mutual funds, or real estate; rental income; or other form of passive income."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

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

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

Lieutenant Governor; Outside Employment; Controlling Interest, or Emoluments; Prohibited

 

Description:

Beginning 11/1/2022, prohibits the lieutenant governor, while holding the office of the lieutenant governor, from maintaining any other employment, maintaining a controlling interest in a business, or receiving any emolument, beginning on the sixty-first calendar day after election or appointment to office.

 

 

 

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