REPORT TITLE: 
Conflict of interest
DESCRIPTION:
Establishes that legislators are prohibited from certain conflict
of interest situations that currently affect only public
employees; provides that the prohibitions are not to prohibit a
legislator from introducing bills or serving on committees in the
legislature.

 
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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                     A BILL FOR AN ACT

RELATING TO CONFLICTS OF INTEREST.



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


 1      SECTION 1.  Section 84-14, Hawaii Revised Statutes, is
 
 2 amended to read as follows:
 
 3      "§84-14  Conflicts of interests.(a)  No legislator or
 
 4 employee shall take any official action directly affecting:
 
 5      (1)  A business or other undertaking in which he has a
 
 6           substantial financial interest; or
 
 7      (2)  A private undertaking in which he is engaged as legal
 
 8           counsel, advisor, consultant, representative, or other
 
 9           agency capacity.
 
10      A department head who is unable to disqualify himself on any
 
11 matter described in items (1) and (2) above will not be in
 
12 violation of this subsection if he has complied with the
 
13 disclosure requirements of section 84-17; and
 
14      A person whose position on a board, commission, or committee
 
15 is mandated by statute, resolution, or executive order to have
 
16 particular qualifications shall only be prohibited from taking
 
17 official action that directly and specifically affects a business
 
18 or undertaking in which he has a substantial financial interest;
 
19 provided that the substantial financial interest is related to
 

 
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 1 the member's particular qualifications.
 
 2      (b)  No legislator or employee shall acquire financial
 
 3 interests in any business or other undertaking which he has
 
 4 reason to believe may be directly involved in official action to
 
 5 be taken by him.
 
 6      (c)  No legislator or employee shall assist any person or
 
 7 business or act in a representative capacity before any State or
 
 8 county agency for a contingent compensation in any transaction
 
 9 involving the State.
 
10      (d)  No legislator or employee shall assist any person or
 
11 business or act in a representative capacity for a fee or other
 
12 compensation to secure passage of a bill or to obtain a contract,
 
13 claim, or other transaction or proposal in which he has
 
14 participated or will participate as a legislator or employee, nor
 
15 shall he assist any person or business or act in a representative
 
16 capacity for a fee or other compensation on such bill, contract,
 
17 claim, or other transaction or proposal before the legislature or
 
18 agency of which he is an employee or legislator.
 
19      (e)  No legislator or employee shall assist any person or
 
20 business or act in a representative capacity before a state or
 
21 county agency for a fee or other consideration on any bill,
 
22 contract, claim, or other transaction or proposal involving
 
23 official action by the agency if he has official authority over
 

 
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 1 that state or county agency unless he has complied with the
 
 2 disclosure requirements of section 84-17. 
 
 3      (f)  Provided that no conflict of interest is found to
 
 4 exist, nothing herein shall be construed to prohibit a legislator
 
 5 from introducing bills and resolutions, serving on committees, or
 
 6 from making statements or taking action in the exercise of the
 
 7 legislator's legislative functions.  Every legislator shall file
 
 8 a full and complete public disclosure of the nature and extent of
 
 9 the interest or transaction which the legislator believes may be
 
10 affected by legislative action."
 
11      SECTION 2.  New statutory material is underscored.
 
12      SECTION 3.  This Act shall take effect upon approval.
 
13 
 
14 
 
15                         INTRODUCED BY:___________________________
 

 
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