HOUSE OF REPRESENTATIVES |
H.R. NO. |
286 |
TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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amending the rules of the house of representatives to require each member to disclose the name and place of employment of any staff member whose salary is paid by a third party.
WHEREAS, an informed electorate is key to citizen participation in a successful democracy; and
WHEREAS, informed elected representatives are necessary for the operation of a successful democratic government; and
WHEREAS, the Hawaii Constitution sets forth numerous procedural requirements regarding the conduct of legislative business that are intended to keep both citizens and their elected representatives informed so that they may participate effectively in legislative proceedings; and
WHEREAS, the House of Representatives likewise has adopted rules of procedure that are intended to provide members with notice of facts relevant to action being taken; and
WHEREAS, the House of Representatives has adopted rules of conduct for members to ensure, among other things, that conflicts of interest, and the appearance of conflicts, are minimized and that no member's office is improperly used to advance private interests; and
WHEREAS, House Rule 60.2 provides that "[m]embers should not lend the prestige of public office to advance the private interests of themselves or others; nor should members convey or permit others to convey the impression that they are in a special position to unduly influence pending public business before them."; and
WHEREAS, House Rule 60.4(6) provides that members should "[c]onsider at all times whether their conduct would create in reasonable minds the perception that their ability to carry out legislative responsibilities with integrity and independence is either questionable or impaired."; and
WHEREAS, House Rule 60.4(8) provides that members should "[r]efrain from using, or permitting the use of, the privileges and prestige of their public office to derive undue personal, professional, or financial benefits for themselves, members of their family, or others with whom they maintain personal, business, or professional relationships."; and
WHEREAS, for thirty years or more, interns from private business, labor organizations, and even government agencies have been placed as staff in members' offices to answer phones, perform research, and even write legislation while they remain on the payroll of the entity for which they work; and
WHEREAS, these interns are not required to register as lobbyists or corporate representatives and have access to knowledge of members' otherwise private conversations, working papers, and strategies not shared by other citizens; and
WHEREAS, because there is no system in place to ensure that interns are not working on matters in which their employers have an interest, state agencies and the University of Hawaii have prohibited the practice of loaning interns, at least in part, due to the appearance of impropriety it creates; and
WHEREAS, the State Ethics Commission has announced that it will undertake an examination of the use of interns to ensure compliance with both the state ethics code and the lobbyist registration law; and
WHEREAS, this Resolution proposes an amendment to the House Rules; and
WHEREAS, House Rule 57 provides, in pertinent part, that changes in the House rules shall be taken up as a special order; and
WHEREAS, House Rule 30 provides, in pertinent part, that "[s]pecial orders shall take precedence over all business after the fourth order in the order of business."; and
WHEREAS, House Rule 2 regarding the duties of the Speaker does not authorize the Speaker to refer a resolution proposing a change in the House Rules to a committee; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, that House Rule 60 is hereby amended by adding a new paragraph to read as follows (proposed changes underlined):
"60.5 On or before the first day of each regular or special session, members shall file with the Clerk a listing of the name, employer, and duties of any session intern or other session staff in the member's office whose salary is paid by a third party. The duty to file a listing shall be ongoing and shall be updated with additions or deletions not later than forty-eight hours after commencement or termination of service by an intern or other staff. The listing shall be open to inspection by the public during business hours."; and
BE IT FURTHER RESOLVED that this Resolution shall be debated and decided on the floor of the House of Representatives without reference to committee; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to all members of the House of Representatives.
OFFERED BY: |
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Report Title:
Disclosure of Staff Paid by Third Parties