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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1713 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ETHICS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to part II to be appropriately designated and to read as follows:
"§84- Extracurricular service; exemption. (a) An employee may engage in extracurricular service as provided in this section and not be in violation of this part.
(b) To be exempt from this part pursuant to subsection (a), the conduct of the employee shall comply with the following:
(1) The employee shall not solicit, accept, or receive, directly or indirectly, any gift for engaging in extracurricular service, as provided in section 84-11; provided that the employee may receive detached remuneration for the performance of extracurricular services;
(2) The detached remuneration received by the employee shall only be used by the employee in connection with the performance of the extracurricular services; and
(3) The detached remuneration received by the employee shall not be provided by a business or other undertaking in which the employee has a substantial financial interest, or in which the employee is engaged as legal counsel, advisor, consultant, representative, or in any other agency capacity.
(c) As used in this section:
"Detached remuneration" means a benefit or economic value that is received by an employee in exchange for the employee's performance of an extracurricular service that is consistent with, supplemental to, or complementary to the employee's existing job duties or description with a state agency, including but not limited to the receipt of travel.
"Extracurricular service" means a service performed by an employee that is not compensated by any state agency, but is known to and approved by the state agency that employs the employee. The service performed shall be consistent with, reasonably related to, and in addition to but outside of the public duties and responsibilities and normal business hours of the employee. Such service includes but is not limited to working with private individuals and providers and arranging, scheduling, organizing, attending, and participating in meetings, conferences, visitations, travel, trips, or other gatherings on behalf of or for the benefit of other employees of the same state agency, or of students or team members of the employee."
SECTION 2. Section 84-1, Hawaii Revised Statutes, is repealed.
["§84-1 Construction.
This chapter shall be liberally construed to promote high standards of ethical
conduct in state government."]
SECTION 3. Any existing policy, procedure, or rule previously adopted by any department or other state agency shall be reviewed for consistency and compliance with this Act within ninety days of the effective date of this Act.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
State Ethics Code; Extracurricular Service; Exemption
Description:
Exempts extracurricular service of employees from the prohibition on gift receipt in the State Ethics Code if certain conditions are met. Repeals section relating to statutory interpretation of the State Ethics Code. (HB1713 HD1)
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