THE SENATE

S.B. NO.

2141

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to ethics.

 

 

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

 

     SECTION 1.  Section 84-39, Hawaii Revised Statutes, is amended to read as follows:

     "§84-39  Administrative fines[.] and restitution.  (a)  Where an administrative fine has not been established for a violation of this chapter, any person, including a legislator or employee, who violates this chapter shall be subject to an administrative fine imposed by the state ethics commission that shall not exceed $1,000 for each violation.  All fines collected under this section shall be deposited in the general fund.

     (b)  The commission may require any person who violates this chapter to pay restitution in addition to any administrative fine.

     [(b)] (c)  No fine shall be assessed nor shall restitution be imposed under this section unless:

     (1)  The [state ethics] commission convenes a hearing in accordance with section 84-31(c) and chapter 91 and a decision has been rendered by the commission; or

     (2)  The [state ethics] commission and respondent agree to resolve any [charge of an] alleged violation prior to completion of the contested case process and the resolution includes payment of an administrative fine or restitution, or both."

     SECTION 2.  If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     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  Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:

_____________________________

 

By Request

 

 

Report Title:

State Ethics Commission Package; Ethics Violations; Restitution

 

Description:

Empowers the State Ethics Commission to require the payment of restitution for ethics violations after a hearing or agreement between the parties.

 

 

 

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