SB2512.DOC

SECTION 1. 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-A 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;

provided that if the house of representatives has less than three minority members, the membership of the ethics committee shall be adjusted to ensure equal numerical representation between majority and minority members. 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;

provided that if the senate has less than three minority members, the membership of the ethics committee shall be adjusted to ensure equal numerical representation between majority and minority members. 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 additional compensation, and shall make a careful record of each proceeding; provided that the committee shall make rules regarding what shall be a public record. 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 one-half of the respective committee's members.

§21-B Powers and duties of ethics committees. (a) The ethics committee for a respective chamber of the legislature, with regard to their respective members:

(1) Shall have the power to investigate:

(A) 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;

(B) Any alleged conflict of interest, misconduct, disorderly behavior, or neglect of duty; and

(C) Alleged violations of the rules and policies of the respective chambers; provided that the rules and policies are adopted by the respective chamber;

(2) May initiate and consider complaints, including complaints received from members of the public, alleging ethics violations, conflicts of interest, misconduct, disorderly behavior, neglect of duty, or violations of the respective chambers' rules and policies 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, including but not limited to the review of complaints, a standard of review, the investigation of complaints, and what records are open to public inspection;

(4) May render advisory opinions as to whether facts and circumstances of a particular case constitute or will constitute a violation of law, rule, or policy; and

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

(b) An ethics committee may undertake an investigation of the complaint submitted to the respective committee upon a prerequisite finding that the legislator has acted with the appearance of impropriety."

SECTION 2. 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 3. 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 ethics 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. Section 92-10, Hawaii Revised Statutes, is amended to read as follows:

"§92-10 Legislative branch; applicability. (a) Notwithstanding any provisions contained in this chapter to the contrary, open meeting requirements, and provisions regarding enforcement, penalties, and sanctions, as they are to relate to the state legislature or to any of its members shall be such as shall be from time to time prescribed by the respective rules and procedures of the senate and the house of representatives, which rules and procedures shall take precedence over this part. Similarly, provisions relating to notice, agenda and minutes of meetings, and such other requirements as may be necessary, shall also be governed by the respective rules and procedures of the senate and the house of representatives.

(b) A committee established pursuant to section 21-A may hold executive meetings closed to the public upon the adoption of rules for the review and investigation of complaints. A meeting closed to the public shall be limited to matters exempted by the rules of the respective house of the legislature."

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[.] or legislative ethics committees established pursuant to section 21-A."

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.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	2512
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII