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HOUSE OF REPRESENTATIVES |
H.B. NO. |
862 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE ETHICS COMMISSION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 84-17.5, Hawaii Revised Statutes, is amended to read as follows:
"§84-17.5 Disclosure files; [disposition.]
retention. (a) All financial disclosure statements filed by a
legislator, employee, or delegate to a constitutional convention shall be
maintained by the state ethics commission during the term of office of the
legislator, employee, or delegate and for a period of six years thereafter.
Upon the expiration of the six-year period, the financial and gift
disclosure [statement] statements and all paper copies
thereof shall be destroyed[.]; provided that the disclosure
statements shall be retained for an additional ten years in electronic form.
(b) Upon the expiration of six years after an
election for which a candidate for state elective office or a constitutional
convention has filed a financial disclosure statement, the state ethics
commission shall destroy the candidate's financial disclosure statement and all
paper copies thereof[.]; provided that the financial disclosure
statements shall be retained for an additional ten years in electronic form.
(c) Financial and gift disclosure
statements provided for in [section] sections 84-11.5 and
84-17(d) shall [cease to be public records once the six-year period in
subsection (a) or (b) has run.] remain public records for so long as the
statements are available, either in paper or electronic form.
(d) [Nothing herein shall bar] Notwithstanding
subsections (a) to (c), the state ethics commission [from retaining]
shall retain a financial or gift disclosure statement or copy of
a financial or gift disclosure statement that is subject to a request
for access to a government document under chapter 92F, has become part of a
charge case or advisory opinion request, or is part of an ongoing
investigation.
(e) The state ethics commission may archive electronic copies of disclosure statements required to be retained under this section in a storage facility or the state archives. The state ethics commission shall adopt rules pursuant to chapter 91 regarding records retention and archiving procedures for the disclosure statements that shall be applied in a uniform and nondiscriminatory manner."
SECTION 2. Section 97-4, Hawaii Revised Statutes, is amended to read as follows:
"§97-4 Manner of filing; statement files; retention; public records. All statements required by this chapter to be filed with the state ethics commission:
(1) Shall be deemed properly filed when delivered or
deposited in an established post office within the prescribed time, duly
stamped, registered, or certified, and directed to the state ethics commission;
provided[, however,] that in the event it is not received, a
duplicate of the statement shall be promptly filed upon notice by the state
ethics commission of its nonreceipt; [and]
(2) Shall be preserved by the state ethics commission
for a period of four years from the date of filing; [and shall constitute
part of the public records of the state ethics commission.] provided
that the statements shall be retained for an additional ten years in electronic
form. The state ethics commission may archive electronic copies of statements required
to be retained under this section in a storage facility or the state archives.
The state ethics commission shall adopt rules pursuant to chapter 91 regarding
records retention and archiving procedures for the statements that shall be
applied in a uniform and nondiscriminatory manner; and
(3) Shall remain public records for so long as the statements are available, either in paper or electronic form."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2011.
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INTRODUCED BY: |
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Report Title:
Ethics Commission; Retention of Disclosure Information; Records
Description:
Requires the ethics commission to retain, in electronic form for ten years, financial and gift disclosure statements filed by legislators, employees, and delegates to a constitutional convention and statements filed by lobbyists. Makes such documents public records for so long as the documents are available, either in paper or electronic form.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.