Report Title:
Ethics Training; Legislators and Appointed State Employees
Description:
Provides for mandatory ethics training for legislators and appointed state employees.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1717 |
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TWENTY-FIRST LEGISLATURE, 2002 |
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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 part to be appropriately designated and to read as follows:
"Part . Ethics training for legislators
and appointed state employees
§84-A Mandatory ethics training program for legislators and appointed state employees. (a) All legislators and appointed state employees shall take ethics training courses administered by the commission as provided in this part. For the purposes of this part, "ethics training" includes education and training in ethics laws as provided in this chapter and lobbying laws as provided in chapter 97.
(b) The commission shall establish, design, supervise, and conduct a program of ethics training designed specifically for legislators and appointed state employees, which shall include the following:
(1) An ethics orientation course for new legislators and newly appointed state employees as provided in section 84-B;
(2) A current ethical issues seminars for legislators and appointed state employees as provided in section 84-C; and
(3) Preparing and publishing an ethics education manual as provided in section 84-D.
§84-B Ethics orientation courses for legislators and appointed state employees. (a) The commission shall design the general curriculum of ethics orientation courses, which shall include explanations and discussions of the ethics laws, administrative rules, relevant internal policies, specific technical and legal requirements, summaries of advisory opinions, underlying purposes and principles of ethics laws, examples of practical application of the laws and principles, and a question-and-answer participatory segment regarding common problems and situations. The commission shall prepare the methods and materials necessary to implement the curriculum.
(b) The commission shall:
(1) Administer the orientation courses for legislators and appointed state employees;
(2) Designate instructors to conduct their courses who shall be trained by the commission; and
(3) Notify legislators and appointed state employees regarding mandatory attendance in these courses.
(b) The ethics orientation courses shall be conducted in January of each odd-numbered year. Each course shall be at least three hours in length and shall be designed for approval by the Hawaii State Bar Association for continuing legal education ethics credits which the bar association may require.
(c) To facilitate participant interaction, those portions of the courses dedicated to group participation shall be closed to the public.
(d) Each legislator and appointed state employee shall complete the initial ethics orientation course offered under this section. Each legislator elected, and each state employee appointed after the initial ethics orientation course shall complete the next orientation course conducted. The commission may grant permission for a legislator or appointed state employee to attend a later course for good cause shown.
§84-C Current ethical issues seminars for legislators and appointed state employees. (a) The commission shall design the general curriculum of a current ethical issues seminar, which shall include discussions of changes in the ethics laws and administrative rules, new advisory opinions, current ethical issues confronting public servants, practical application of ethics laws and principles to specific issues and situations, and development of problem-solving skills. The commission shall prepare the methods and materials necessary to implement the curriculum.
(b) The commission shall:
(1) Administer the current ethical issues seminars for legislators and appointed state employees;
(2) Designate instructors to conduct their seminars who shall be trained by the commission; and
(3) Notify legislators and appointed state employees regarding mandatory attendance in these seminars.
(b) The current ethics issues seminars shall be conducted in December of each even-numbered year.
(c) To facilitate participant interaction, those portions of the seminars dedicated to group participation shall be closed to the public.
(d) Each legislator and appointed state employee, after completion of an ethics orientation course provided under section 84-C, shall complete one current ethical issues seminar annually.
§84-D Ethics education manual for legislators and appointed state employees. (a) The commission shall prepare and distribute, and periodically update and revise, an ethics education manual designed specifically for legislators and appointed state employees.
(b) The manual shall include relevant ethics statutes, administrative rules, explanations of purposes and principles underlying the ethics laws, explanations of technical and specific legal requirements, examples of practical applications of the laws and principles, a question-and-answer section regarding common problems and situations, summaries of advisory opinions, and any other information that would inform legislators and appointed state employees about required standards of conduct and assist them in applying those standards to specific situations."
SECTION 2. Section 84-31, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) The ethics commission shall have the following powers and duties:
(1) It shall prescribe forms for the disclosures required by Article XIV of the Hawaii Constitution and section 84-17 and the gifts disclosure statements required by section 84-11.5 and shall establish orderly procedures for implementing the requirements of those provisions;
(2) It shall render advisory opinions upon the request of any legislator, employee, or delegate to the constitutional convention, or person formerly holding such office or employment as to whether the facts and circumstances of a particular case constitute or will constitute a violation of the code of ethics. If no advisory opinion is rendered within thirty days after the request is filed with the commission, it shall be deemed that an advisory opinion was rendered and that the facts and circumstances of that particular case do not constitute a violation of the code of ethics. The opinion rendered or deemed rendered, until amended or revoked, shall be binding on the commission in any subsequent charges concerning the legislator, employee, or delegate to the constitutional convention, or person formerly holding such office or employment, who sought the opinion and acted in reliance on it in good faith, unless material facts were omitted or misstated by such persons in the request for an advisory opinion;
(3) It shall initiate, receive, and consider charges concerning alleged violation of this chapter, initiate or make investigation, and hold hearings;
(4) It may subpoena witnesses, administer oaths, and take testimony relating to matters before the commission and require the production for examination of any books or papers relative to any matter under investigation or in question before the commission. Before the commission shall exercise any of the powers authorized in this section with respect to any investigation or hearings it shall by formal resolution, supported by a vote of three or more members of the commission, define the nature and scope of its inquiry;
(5) It may, from time to time adopt, amend, and repeal any rules, not inconsistent with this chapter, that in the judgment of the commission seem appropriate for the carrying out of this chapter and for the efficient administration thereof, including every matter or thing required to be done or which may be done with the approval or consent or by order or under the direction or supervision of or as prescribed by the commission. The rules, when adopted as provided in chapter 91, shall have the force and effect of law;
(6) It shall have jurisdiction for purposes of investigation and taking appropriate action on alleged violations of this chapter in all proceedings commenced within six years of an alleged violation of this chapter by a legislator or employee or former legislator or employee. A proceeding shall be deemed commenced by the filing of a charge with the commission or by the signing of a charge by three or more members of the commission. Nothing herein shall bar proceedings against a person who by fraud or other device, prevents discovery of a violation of this chapter;
(7) It shall distribute its publications without cost to the public and shall initiate and maintain programs with the purpose of educating the citizenry and all legislators, delegates to the constitutional convention, and employees on matters of ethics in government employment; provided that all legislators and appointed state employees shall take an ethics training program administered by the commission as provided in part ; and
(8) It shall administer any code of ethics adopted by a state constitutional convention, subject to the procedural requirements of this part and any rules adopted thereunder."
SECTION 3. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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