SB1773 SD1

SECTION 1. Chapter 103, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§103- Advisory committee that recommends or makes procurement; public meeting and records; financial disclosure. An advisory committee, board, commission, or similar group, as defined in section 92-2, formed or convened by a governmental body, as defined in section 103D-104, for the purpose of making a recommendation for a procurement of goods, services, or public works, or making the decision to procure goods, services, or public works in an amount in excess of $100,000 under this chapter shall be subject to chapters 92 and 92F. The members of an advisory committee, board, commission, or similar group subject to this section shall be subject to the financial disclosure requirements of chapter 84."

SECTION 2. Chapter 103D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§103D- Advisory committee that recommends or makes procurement; public meeting and records; financial disclosure. An advisory committee, board, commission, or similar group, as defined in section 92-2, formed or convened by a governmental body for the purpose of making a recommendation for a procurement, or making the decision to procure, goods or services, in an amount in excess of $100,000 under this chapter shall be subject to chapters 92 and 92F. The members of an advisory committee, board, commission, or similar group subject to this section shall be subject to the financial disclosure requirements of chapter 84; provided that review committees established pursuant to section 103D-304 shall not be subject to this section."

SECTION 3. Section 84-17, Hawaii Revised Statutes, is amended by amending subsections (c) and (d) to read as follows:

"(c) The following persons shall file annually with the state ethics commission a disclosure of financial interests:

(1) The governor, the lieutenant governor, the members of the legislature, and delegates to the constitutional convention; provided that delegates to the constitutional convention shall only be required to file initial disclosures;

(2) The directors and their deputies, the division chiefs, the executive directors and the executive secretaries and their deputies, the purchasing agents and the fiscal officers, regardless of the titles by which the foregoing persons are designated, of every state agency and department;

(3) The permanent employees of the legislature and its service agencies, other than persons employed in clerical, secretarial, or similar positions;

(4) The administrative director of the State, and the assistants in the office of the governor and the lieutenant governor, other than persons employed in clerical, secretarial, or similar positions;

(5) The hearings officers of every state agency and department;

(6) The president, the vice presidents, assistant vice presidents, the chancellors, and the provosts of the University of Hawaii and its community colleges;

(7) The superintendent, the deputy superintendent, the assistant superintendents, the complex area superintendents, the state librarian, and the deputy state librarian of the department of education;

(8) The administrative director and the deputy director of the courts;

(9) The members of every state board or commission whose original terms of office are for periods exceeding one year and whose functions are not solely advisory;

(10) Candidates for state elective offices, including candidates for election to the constitutional convention, provided that candidates shall only be required to file initial disclosures; [~~and~~]

(11) The administrator and assistant administrator of the office of Hawaiian affairs[.]; and

(12) Members of an advisory committee, board, commission, or similar group, as defined in section 92-2, formed or convened by a governmental body, as defined in section 103D-104, for the purpose of making a recommendation to a governmental body for a procurement of goods, services, public works, or construction, or making the decision for a governmental body to procure goods, services, public works, or construction, in an amount in excess of $100,000; provided that members of review committees established pursuant to section 103D-304 shall not be subject to this paragraph.

(d) The financial disclosure statements of the following persons shall be public records and available for inspection and duplication:

(1) The governor, the lieutenant governor, the members of the legislature, candidates for and delegates to the constitutional convention, the members of the board of education, the trustees of the office of Hawaiian affairs, and candidates for state elective offices;

(2) The directors of the state departments and their deputies, regardless of the titles by which the foregoing persons are designated; provided that with respect to the department of the attorney general, the foregoing shall apply only to the attorney general and the first deputy attorney general;

(3) The administrative director of the State;

(4) The president, the vice presidents, the assistant vice presidents, the chancellors, and the provosts of the University of Hawaii;

(5) The superintendent, the deputy superintendent, the state librarian, and the deputy state librarian of the department of education;

(6) The administrative director and the deputy director of the courts; [~~and~~]

(7) The administrator and the assistant administrator of the office of Hawaiian affairs[.]; and

(8) Members of an advisory committee, board, commission, or similar group, as defined in section 92-2, formed or convened by a governmental body, as defined in section 103D-104, for the purpose of making a recommendation to a governmental body for a procurement of goods, services, public works, or construction, or making the decision for a governmental body to procure goods, services, public works, or construction, in an amount in excess of $100,000; provided that members of review committees established pursuant to section 103D-304 shall not be subject to this paragraph."

SECTION 4. Section 92-2, Hawaii Revised Statutes, is amended to read as follows:

"§92-2 Definitions. As used in this part:

[~~(1)~~] "Board" means any agency, board, commission, authority, or committee of the State or its political subdivisions which is created by constitution, statute, rule, or executive order, to have supervision, control, jurisdiction or advisory power over specific matters and which is required to conduct meetings and to take official actions. The term "board" also includes, as appropriate, an advisory committee, advisory board, advisory commission, or similar group formed or convened by a governmental body, as defined in section 103D-104, for the purpose of making recommendations for the procurement, or making the decision to procure, goods, services, public works, or construction, in an amount in excess of $100,000; provided that review committees established pursuant to section 103D-304 shall not be subject to this definition.

[~~(2)~~] "Chance meeting" means a social or informal assemblage of two or more members at which matters relating to official business are not discussed.

[~~(3)~~] "Meeting" means the convening of a board for which a quorum is required in order to make a decision or to deliberate toward a decision upon a matter over which the board has supervision, control, jurisdiction, or advisory power."

SECTION 5. Section 92F-3, Hawaii Revised Statutes, is amended by amending the definition of "agency" to read as follows:

""Agency" means any unit of government in this State, any county, or any combination of counties; department; institution; board; commission; district; council; bureau; office; governing authority; other instrumentality of state or county government; or corporation or other establishment owned, operated, or managed by or on behalf of this State or any county, but does not include the nonadministrative functions of the courts of this State. The term "agency" includes, as appropriate, an advisory committee, advisory board, advisory commission, or similar group formed or convened by a governmental body, as defined in section 103D-104, for the purpose of making recommendations for the procurement, or making the decision to procure, goods, services, public works, or construction, in an amount in excess of $100,000; provided that review committees established pursuant to section 103D-304 shall not be subject to this definition."

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	1773
TWENTY-FOURTH LEGISLATURE, 2007		S.D. 1
STATE OF HAWAII