SB1730

SECTION 1. The legislature finds that legislation should reflect the views of the many, rather than the few. Self-dealing legislation that benefits only special interests does a disservice to all of the citizens of Hawaii. The state ethics commission has jurisdiction over legislators' alleged conflicts of interests. However, a procedure is needed within the legislature, itself, to allow the legislature to promptly identify and advise its members on potential conflicts of interest, and to investigate, evaluate, and pass judgment on those of its members who have betrayed the public's trust.

The purpose of this Act is to better ensure that legislation reflects the views of the many, by establishing an ethics committee for each chamber of the legislature that will:

(1) Initiate, receive, and consider conflict of interest complaints involving legislators; and

(2) Render advisory opinions and recommend disciplinary action.

SECTION 2. Chapter 21, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"PART II. Legislative Ethics Committees

§21- Establishment of legislative ethics committees. (a) There shall be two ethics committees, one in the house of representatives, and one in the senate, which shall be constituted no later than seven days after the convening of the legislature. Each committee shall consist of six members of the respective body.

(b) Members of the house of representatives ethics committee shall be appointed as follows:

(1) Three representatives by the speaker of the house of representatives; and

(2) Three representatives by the minority leader of the house of representatives.

The speaker and minority leader of the house of representatives shall each designate one of their respective appointees as a co-chair of the committee.

(1) Three senators by the president of the senate; and

(2) Three senators by the minority leader of the senate.

The president and minority leader of the senate shall each designate one of their respective appointees as a co-chair of the committee.

(d) The auditor shall act as clerk of each committee, without extra compensation, and shall make a careful record of each proceeding which shall be filed as a record of the respective body. The auditor may issue subpoenas, administer oaths, and exercise those powers conferred upon the auditor by chapter 23, for the execution of committee work. Any action, including but not limited to an action to consider a complaint and convene a hearing, taken by a committee shall require the affirmative vote of no fewer than three members. Complaints and the disposition of complaints shall be a matter of public record.

§21- Powers and duties of ethics committees. Each committee for their respective chamber of the legislature:

(1) Shall have the power to investigate alleged ethics violations governed by chapter 84 in all proceedings commenced within one year of the alleged violation; provided that nothing shall bar proceedings against a legislator who by fraud or other device prevents discovery of a violation under chapter 84;

(2) May initiate and consider complaints alleging conflicts of interest involving legislators;

(3) Shall adopt, amend, and repeal rules for the committee that in the judgment of the committee are appropriate to carry out the provisions of this part;

(4) May render advisory opinions as to whether facts and circumstances of a particular case constitute or will constitute a violation of this part; and

(5) May recommend appropriate disciplinary action for any violations."

SECTION 3. Chapter 21, Hawaii Revised Statutes, is amended by designating sections 21-1 through 21-19 as part I and adding a title before section 21-1 to read as follows:

"Part I. Legislative Investigating Committees"

SECTION 4. Section 21-1, Hawaii Revised Statutes, is amended to read as follows:

"§21-1 Purpose. The purpose of this [~~chapter~~] part is to establish procedures governing legislative investigating committees to provide for the creation and operation of legislative investigating committees in a manner which will enable them to perform properly the powers and duties vested in them, including the conduct of hearings, in a fair and impartial manner, consistent with protection of the constitutional rights of persons called to testify at such hearings and preservation of the public good."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1730
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII