HOUSE OF REPRESENTATIVES	H.B. NO.	1730
TWENTY-SIXTH LEGISLATURE, 2012
STATE OF HAWAII

A BILL FOR AN ACT

relating to the land use commission.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-   Conflict of interest. (a)  Notwithstanding any provision of law to the contrary, if any member of the land use commission has had material personal involvement with a parcel of land that is the subject of action to be taken by the commission, the member shall disclose the nature of the material personal involvement and shall not vote or take any official action relating to that parcel of land.

(b)  For the purposes of this section:

"Material personal involvement" means:

(1) The commissioner has at any time had ownership or tenancy rights attached to the parcel of land that is subject to a land use commission proceeding; or

(2) A relationship between a member of the land use commission and a person or entity that controls the parcel of land that is subject to a land use commission proceeding where:

(A) The commissioner is, or has been within the last three years, an employee other than a benefit officer of the person or entity or any of the entity's subsidiaries;

(B) The commissioner is related by blood, marriage, or adoption to; is a party to a civil union with; is a reciprocal beneficiary or household member of; or resides with an officer other than a benefit officer or director of an entity or any of its subsidiaries; or

(C) The commissioner or an association of which the commissioner is a director, officer, or manager or in which the commissioner owns beneficially or of record five per cent or more of the outstanding equity interests or the outstanding shares of the entity; provided that percentage ownership in an association shall be calculated as if all outstanding rights to acquire equity interests in the association had been exercised.

"Entity" has the same meaning as defined in section 245-1."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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Report Title:

Land Use Commission; Conflict of Interest

Description:

Prohibits members of the land use commission from voting on action taken by the commission if there is a conflict of interest.

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