Bill Text: HI SB844 | 2014 | Regular Session | Introduced
Bill Title: Ethics Code; Filing a Complaint; State Ethics Commission; Public Record
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2013-12-18 - Carried over to 2014 Regular Session. [SB844 Detail]
Download: Hawaii-2014-SB844-Introduced.html
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THE SENATE |
S.B. NO. |
844 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE STATE ETHICS CODE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 84-31, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) Charges concerning the violation of
this chapter shall be in writing, signed by the person making the charge under
oath, except that any charge initiated by the commission shall be signed by three
or more members of the commission. The commission shall notify in writing
every person against whom a charge is received and afford the person an
opportunity to explain the conduct alleged to be in violation of the chapter.
The commission may investigate, after compliance with this section, such
charges and render an informal advisory opinion to the alleged violator. [The
commission shall investigate all charges on a confidential basis, having
available all the powers herein provided, and proceedings at this stage shall
not be public.]
The following procedures shall apply:
(1) If a charge concerning a violation of this chapter is filed by a person other than the commission, the final disposition of the charge, whether by order to dismiss, issuance of an informal advisory opinion, decision after a hearing, or final disposition by any other means shall be a matter of public record. Notwithstanding the above, the person who filed the charge shall be informed of the status of the charge upon request;
(2) If the informal advisory opinion indicates
a probable violation, the person charged shall request a formal opinion or
within a reasonable time comply with the informal advisory opinion[.];
and
(3) If the person charged fails to comply with
[such] the informal advisory opinion or if a majority of the
members of the commission determine that there is probable cause for belief
that a violation of this chapter might have occurred, a copy of the charge and
a further statement of the alleged violation shall be personally served upon
the alleged violator. Service shall be made by personal service upon the
alleged violator wherever found or by registered or certified mail with request
for a return receipt and marked deliver to addressee only. If after due diligence
service cannot be effected successfully in accordance with the above, service
may be made by publication if so ordered by the circuit court of the circuit
wherein the alleged violator last resided. The state ethics commission shall
submit to the circuit court for its consideration in issuing its order to allow
service by publication an affidavit setting forth facts based upon the personal
knowledge of the affiant concerning the methods, means, and attempts made to
locate and effect service by personal service or by registered or certified
mail in accordance with the above. Service by publication when ordered by the
court shall be made by publication once a week for four successive weeks of a
notice in a newspaper of general circulation in the circuit of the alleged
violator's last known state address. The alleged violator shall have twenty
days after service thereof to respond in writing to the charge and statement."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Ethics Code; Filing a Complaint; State Ethics Commission; Public Record
Description:
Amends the statutory procedures regarding ethics code violation charges filed by a person other than the state ethics commission by requiring the final disposition to be a matter of public record and the filer of the charge to be informed of the status of the charge, upon request.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
