Provides that a public employee who has been convicted of a felony that took place within the course and scope of the employee's duties must forfeit the employee's benefits starting from the date of the act constituting the felony of which the employee was convicted.

A BILL FOR AN ACT

SECTION 1. The legislature finds that the public trust in government has been shaken by recent criminal convictions of public employees, including elected officials. The legislature believes that public employees who are convicted of a felony that took place within the course and scope of their employment should not be allowed to benefit by receiving government benefits.

The purpose of this Act is to allow for forfeiture of service time accrued or earned for government benefits under chapters 87, 87A, and 88, Hawaii Revised Statutes, if a public employee, including an elected official, has been convicted of a felony that took place within the course and scope of the employee's duties.

SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§78- Public employees; forfeiture of benefits. (a) If a public employee has been convicted of a felony that took place within the course and scope of the employee's duties, the employee shall forfeit the amount of service time accrued or earned as an employee for benefits under chapters 87, 87A, and 88, starting from the date of the act constituting the felony of which the employee was convicted.

any employee or official of the State or any county, including but not limited to any elected official, any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, any employees under contract with the state or county, any civil service employees, and any probationary or provisional employees of the state or county."

SECTION 3. Chapter 87, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§87- Employees, forfeiture of benefits. An employee who has been convicted of a felony that took place within the course and scope of the employee's duties shall have the employee's benefits under this chapter forfeited to the extent required by section 78- ."

SECTION 4. Chapter 87A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§87A- Employees, forfeiture of benefits. An employee who has been convicted of a felony that took place within the course and scope of the employee's duties shall have the employee's benefits under this chapter forfeited to the extent required by section 78- ."

SECTION 5. Chapter 88, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§88- Employee, elective officers, elective officials; forfeiture of benefits. A public employee who has been convicted of a felony that took place within the course and scope of the employee's duties shall have the employee's benefits under this chapter forfeited to the extent required by section 78- ."

SECTION 6. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 7. New statutory material is underscored.