HOUSE OF REPRESENTATIVES	H.B. NO.	2455
TWENTY-SIXTH LEGISLATURE, 2012		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE STATE CODE OF ETHICS.

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

     SECTION 1.  The legislature finds that the public interest is disserved when experts or persons who possess special knowledge or expertise necessary to the State decline to serve or are prevented from serving as members of advisory groups convened solely for the purpose of sharing knowledge or experience, making recommendations, or commenting on proposed courses of action because legislation resulting from the advice or comments they provide or the recommendations they may make is related to matters to which they have a professional or financial connection.

     The purpose of this Act is to allow persons with knowledge and expertise that the State needs to serve as members of state advisory groups, working groups, or task forces by clarifying the exemption of those members from the requirements, restrictions, and prohibitions imposed by the State's code of ethics.

     Accordingly, this Act amends the definition of "employee" in part I of chapter 84, Hawaii Revised Statutes, to make explicit the exemption from that definition and the provisions of the State's code of ethics, any person who serves on a task force.  This Act also provides further clarity by adding a definition of "task force".

     SECTION 2.  Section 84-3, Hawaii Revised Statutes, is amended as follows:

     1.   By adding a new definition to be appropriately inserted and to read:

     ""Task force" means a group convened by resolution, statute, executive order, proclamation, or by invitation of the legislature, governor, or another state officer, to study a specific subject or issue, for a specific defined period of time, and to report to, offer a recommendation to, or advise the legislature, governor, or a state officer."

     2.   By amending the definition of "employee" to read:

     ""Employee" means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, and employees under contract to the State or of the constitutional convention, but excluding legislators, delegates to the constitutional convention, justices [and], judges[.], and members of a task force."

SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect January 7, 2059, and shall apply retroactively to January 1, 2007.

Report Title:

Code of Ethics; Task Force; Employee

Description:

Excludes members of task forces from the State Ethics Code.  Defines "task force".  Effective January 7, 2059.  (HB2455 HD1)

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