Bill Text: HI HB361 | 2019 | Regular Session | Amended

Hawaii House Bill 361 (Prior Session Legislation)

Bill Title: Relating To Emoluments.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2019-03-21 - Report adopted; Passed Second Reading, as amended (SD 1) and referred to JDC. [HB361 Detail]

Download: Hawaii-2019-HB361-Amended.html

HOUSE OF REPRESENTATIVES	H.B. NO.	361
THIRTIETH LEGISLATURE, 2019		H.D. 1
STATE OF HAWAII		S.D. 1

A BILL FOR AN ACT

RELATING TO EMOLUMENTS.

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

SECTION 1. The offices of the governor and county mayors are five of the most important public offices in the State. It is essential that the holders of those offices:

(1) Devote their full time, attention, and energy to serving the people of Hawaii to the best of their abilities; and

(2) Avoid even the appearance of a potential conflict of interest.

Part of this commitment to fulfilling their duties and maintaining public integrity involves not holding other employment or receiving other emoluments while serving as the governor or a county mayor. The legislature finds that this matter is one of statewide concern and interest and is therefore a permissible area of control reserved for the legislature.

SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§78- County mayors; outside employment and emoluments prohibited. (a) Beginning on the sixty-first calendar day after election or appointment to office, it shall be unlawful for each county mayor, while holding that office, to maintain any other employment or receive any emolument.

(b) As used in this section, "emolument" means any salary, fee, payment, wage, earning, allowance, stipend, honorarium, or reward; provided that "emolument" does not include the salary or benefits for service as a county mayor or any pension income; retirement income; social security payment; ownership of stocks, mutual funds, or real estate; rental income; or other form of passive income.

(c) The Hawaii state ethics commission, responsible for interpreting and enforcing the state's code of ethics, shall have the authority to enforce this section."

SECTION 3. Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§84- Governor; outside employment and emoluments prohibited. (a) Beginning on the sixty-first calendar day after election or appointment to office, it shall be unlawful for the governor, while holding that office, to maintain any other employment or receive any emolument.

(b) As used in this section, "emolument" means any salary, fee, payment, wage, earning, allowance, stipend, honorarium, or reward; provided that "emolument" does not include the salary or benefits for service as the governor or any pension income; retirement income; social security payment; ownership of stocks, mutual funds, or real estate; rental income; or other form of passive income.

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. New statutory material is underscored. SECTION 6. This Act shall take effect on July 1, 2020.

Report Title:

Governor; Mayors; Outside Employment or Emoluments; Prohibited

Description:

Prohibits the governor and each county mayor, while holding those offices, to maintain any other employment or receive any emolument, beginning on the sixty-first calendar day after their election or appointment to office. Specifies that the county boards and commissions have enforcement authority over each respective county mayor. Specifies that the hawaii state ethics commission has enforcement authority over the governor. Effective 7/1/2020. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.