HOUSE OF REPRESENTATIVES	H.B. NO.	1937
THIRTIETH LEGISLATURE, 2020
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO ETHICS.

 

 

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

 

     SECTION 1.  The legislature finds that many legislators are employed in the private sector in addition to their employment with the legislature.  Currently, the state ethics code prohibits legislators from assisting or representing private clients, for pay, on matters before the legislature.  The state ethics code, however, does not necessarily prohibit legislators from assisting or representing, with or without pay, private clients in matters before other state agencies.  This can create an appearance of impropriety:  state agency employees may feel pressured to treat the legislator or the legislator's clients more favorably because of the legislator's position, and the public may perceive that the legislator may, in fact, receive more favorable treatment.

            The purpose of this Act is to promote integrity in state government by prohibiting legislators from assisting or representing, with or without compensation, private persons or businesses before any state agency, which as defined by section 84-3, Hawaii Revised Statutes, excludes the courts.

     SECTION 2.  Section 84-14, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  No [legislator or] employee shall assist any person or business or act in a representative capacity for a fee or other compensation to secure passage of a bill or to obtain a contract, claim, or other transaction or proposal in which the [legislator or] employee has participated or will participate as [a legislator or] an employee, nor shall the [legislator or] employee assist any person or business or act in a representative capacity for a fee or other compensation on such bill, contract, claim, or other transaction or proposal before the [legislature or agency of which the legislator or employee is an employee or legislator.] employee's agency.  No legislator shall act in a representative capacity for a fee or other compensation, excluding the legislator's legislative salary, or otherwise assist any person, business, or other private entity on any matter pending before a state agency."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Legislator; State Ethics Code; State Agency; Fee; Compensation; Representation; Courts

 

Description:

Prohibits legislators from assisting or representing, with or without compensation, private persons or businesses before all state agencies, excluding the courts.

 

 

 

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