REPORT TITLE:
Ethics; University of Hawaii


DESCRIPTION:
Provides that the joint ownership of intellectual property rights
between the University of Hawaii and its faculty or staff and the
sole ownership of intellectual property rights by university
faculty pursuant to a collective bargaining agreement are not
conflicts of interest under the state ethics code.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           2396
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO ETHICS. 


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 employee shall
 
 4 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] paragraphs (1) and (2) [above] will
 
12 not be in violation of this subsection if he has complied with
 
13 the 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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                                     S.B. NO.           2396
                                                        
                                                        

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

 
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                                     S.B. NO.           2396
                                                        
                                                        

 
 1 section 84-17. 
 
 2      (f)  Nothing in this chapter shall prohibit:
 
 3      (1)  The joint ownership of intellectual property rights
 
 4           between the University of Hawaii and its faculty or
 
 5           staff in intellectual property that produces less than
 
 6           $10,000 in remuneration, notwithstanding the use of
 
 7           public resources or facilities in the creation of the
 
 8           intellectual property; or
 
 9      (2)  The sole ownership of intellectual property rights by
 
10           University of Hawaii faculty pursuant to a collective
 
11           bargaining agreement."
 
12      SECTION 2.  Statutory material to be repealed is bracketed.
 
13 New statutory material is underscored.
 
14      SECTION 3.  This Act shall take effect upon its approval.
 
15 
 
16                              INTRODUCED BY:______________________