Authorizes the ethics commission to impose an administrative fine not to exceed $500 for a violation of the state ethics law. (HB319 HD1)

A BILL FOR AN ACT

SECTION 1. Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§84- Administrative fines. (a) Where an administrative fine has not been established for a violation of a provision of this chapter:

(1) A legislator, employee, or person; or

(b) No fine shall be assessed under this section unless:

SECTION 2. Section 84-17, Hawaii Revised Statutes, is amended by amending subsection (i) to read as follows:

"(i) Failure of a legislator, a delegate to the constitutional convention, or employee to file a disclosure of financial interests as required by this section shall be a violation of this chapter. Any legislator, delegate to a constitutional convention, or employee who fails to file a disclosure of financial interests when due shall be assessed [a penalty] an administrative fine of $50. The state ethics commission shall notify a person, by registered mail, return receipt requested, of the failure to file, and the disclosure of financial interests shall be submitted to the commission not later than 4:30 p.m. on the tenth day after notification of the failure to file has been mailed to the person. If a disclosure of financial interests has not been filed within ten days of the due date, an additional [penalty] administrative fine of $10 for each day a disclosure remains unfiled shall be added to the [penalty.] administrative fine. All [penalty] administrative fines collected under this section shall be deposited in the State's general fund. Any [monetary penalty] administrative fine for late filing shall be in addition to any other action the commission may take under this chapter for violations of the state ethics code. The commission may waive any [penalty] administrative fines assessed under this subsection for good cause shown."

SECTION 3. Section 84-19, Hawaii Revised Statutes, is amended to read as follows:

"§84-19 Violation. (a) Any favorable state action obtained in violation of the code of ethics for legislators or employees and former employees is voidable in the same manner as voidable contracts as provided for under section 84-16; and the State by the attorney general may pursue all legal and equitable remedies available to it.

(b) The State by the attorney general may recover any fee, compensation, gift, or profit received by any person as a result of a violation of the code of ethics by a legislator or employee or former legislator or employee. Action to recover under this subsection shall be brought within one year of a determination of such violation.

[(c) Any violation of this chapter by an employee, candidate for election to and elected delegate to the constitutional convention shall be punishable only in accordance with the code of ethics adopted by the constitutional convention.]"

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.