SB3350 SD1

PART I

SECTION 1. The legislature finds that the State is responsible for upholding an ethical position on the deterrence of conflicts of interest, bribery, and corruption in all branches of government. When government is idle about combatting corruption, this can erode public trust and confidence for state leaders and exacerbate social tensions, which could contribute to violence.

The purpose of this Act is to:

(1) Require that judicial appointees file the same financial disclosures that are required of other state officials, which will help prevent bribery and corruption; and

(2) Require the commission on salaries to consider the deterrence of bribery and corruption when making its salary recommendations.

PART II

SECTION 2. Section 84-17, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:

"(b) The disclosure of financial interests required by this section shall be filed:

(1) By any person enumerated in subsection (c), except an appointee for a judge or justice or a member of the legislature, between January 1 and May 31 of each year;

(2) By an appointee for a judge or justice within five business days of the appointee's appointment; provided that the disclosure shall be made available to the senate in addition to the state ethics commission and made public by the state ethics commission;

[~~(2)~~] (3) By a member of the legislature between January 1 and January 31 of each year;

[~~(3)~~] (4) Within thirty days of a person's election or appointment to a state position enumerated in subsection (c); or

[~~(4)~~] (5) Within thirty days of separation from a state position if a prior financial disclosure statement for the position was not filed within the one hundred eighty days preceding the date of separation;

provided that candidates for state elective offices or the constitutional convention shall file the required statements no later than ten days after the nomination filing deadline established pursuant to section 12-6.

(1) The governor, lieutenant governor, members of the legislature, and delegates to the constitutional convention; provided that delegates to the constitutional convention shall only be required to file initial disclosures;

(2) The directors and their deputies, the division chiefs, the executive directors and the executive secretaries and their deputies, the purchasing agents, and the fiscal officers, regardless of the titles by which the foregoing persons are designated, of every state agency and department;

(3) The permanent employees of the legislature and its service agencies, other than persons employed in clerical, secretarial, or similar positions;

(4) The administrative director of the State, and the assistants in the office of the governor and lieutenant governor, other than persons employed in clerical, secretarial, or similar positions;

(5) The hearings officers of every state agency and department;

(6) The president, vice presidents, assistant vice presidents, chancellors, and provosts of the [~~University~~] university of Hawaii and its community colleges;

(7) The superintendent, deputy superintendent, assistant superintendents, complex area superintendents, state librarian, and deputy state librarian of the department of education;

(8) The administrative director and deputy director of the courts;

(9) The members of every state board or commission whose original terms of office are for periods exceeding one year and whose functions are not solely advisory;

(10) Candidates for state elective offices, including candidates for election to the constitutional convention; and appointees for justices and judges; provided that candidates and appointees shall only be required to file initial disclosures;

(11) The administrator and assistant administrator of the office of Hawaiian affairs;

(12) The Hawaii unmanned aerial systems test site chief operating officer; and

(13) The members of the school facilities board appointed by the governor."

PART III

SECTION 3. Section 26-56, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The commission shall review and recommend an appropriate salary for the governor, lieutenant governor, members of the legislature, justices and judges of all state courts, administrative director of the State or an equivalent position, and department heads or executive officers and the deputies or assistants to the department heads of the departments of:

(1) Accounting and general services;

(2) Agriculture;

(3) The attorney general;

(4) Budget and finance;

(5) Business, economic development, and tourism;

(6) Commerce and consumer affairs;

(7) Corrections and rehabilitation;

(8) Defense;

(9) Hawaiian home lands;

(10) Health;

(11) Human resources development;

(12) Human services;

(13) Labor and industrial relations;

(14) Land and natural resources;

(15) Law enforcement;

(16) Taxation; and

(17) Transportation.

The commission shall not review the salary of any position in the department of education or the [~~University~~] university of Hawaii.

The commission may recommend different salaries for department heads and executive officers and different salary ranges for deputies or assistants to department heads; provided that the commission shall recommend the same salary range for deputies or assistants to department heads within the same department; provided further that the appointing official shall specify the salary for a particular position within the applicable range.

In making its salary recommendations for each position, the commission shall consider the deterrence of bribery and corruption.

The commission shall not recommend salaries lower than salary amounts recommended by prior commissions replaced by this section."

PART IV

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that that the amendments made to section 84-17, Hawaii Revised Statutes, by section 2 of this Act shall not be repealed when that section is amended on January 1, 2025, pursuant to sections 1 and 4 of Act 123, Session Laws of Hawaii 2023.

THE SENATE	S.B. NO.	3350
THIRTY-SECOND LEGISLATURE, 2024		S.D. 1
STATE OF HAWAII