STAND. COM. REP. NO.  524-12

Honolulu, Hawaii

                , 2012

RE:   H.B. No. 2455

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No. 2455 entitled:

"A BILL FOR AN ACT RELATING TO THE STATE CODE OF ETHICS,"

begs leave to report as follows:

The purpose of this measure is to exempt persons who are members of groups convened by statute, resolution, executive order, or proclamation or by invitation of the Legislature, the Governor, or other state officers from the requirements, restrictions, and prohibitions of the Hawaii Code of Ethics.

The Department of the Attorney General, Hawaii Credit Union League, Hawaii Youth Services Network, and a concerned individual testified in support of this measure.  The League of Women Voters and a concerned individual testified in opposition to this measure.  The Hawaii State Ethics Commission provided comments on this measure.

     Your Committee has amended this measure by:

     (1)  Adding a definition of "task force" to chapter 84, Hawaii Revised Statutes, to include any advisory body convened for a limited, specified period by legislative or executive act or order or by invitation of a state officer for the purpose of making recommendations or performing advisory functions to state officials;

     (2)  Amending the definition of "employee" in chapter 84, Hawaii Revised Statutes, to explicitly exempt members of a task force;

     (3)  Changing the effective date to January 7, 2059, to promote further discussion, and making the application of the measure retroactive to January 1, 2007; and

     (4)  Making technical, nonsubstantive amendments for clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2455, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2455, H.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

____________________________

GILBERT KEITH-AGARAN, Chair