Hawaii 2022 Regular Session

Hawaii Senate Bill SB2039 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 2039 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT relating to mandatory ethics training. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 2039
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	2039
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	relating to mandatory ethics training.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. The legislature finds that requiring all state officers and employees to be educated on the state ethics code is in the best interests of the State. Regular training by the state ethics commission will ensure that state employees are aware of current ethics laws, and will increase the public's confidence in state government. Accordingly, the purpose of this Act is to establish an online ethics training course to be designed and administered by the state ethics commission and to make ethics training mandatory for all state officers and employees. SECTION 2. Section 84-42, Hawaii Revised Statutes, is amended to read as follows: "[[]§84-42[]] Mandatory ethics training course. [All state officers and employees enumerated in section 84-41] (a) Legislators, members of the board of education, trustees of the office of Hawaiian affairs, the governor, the lieutenant governor, executive department heads and deputies, and every other person whose financial disclosure statement is a public record pursuant to section 84-17(d) shall complete [an] a live ethics training course administered by the state ethics commission [as provided in this part. For the purposes of this part, "ethics training" includes education and training in: (1) The ethics laws set forth in this chapter; and (2) The lobbying laws set forth in chapter 97.] within ninety days of taking office and at least once every four years thereafter. (b) All other employees shall complete either a live or an online ethics training course administered by the state ethics commission within ninety days of becoming an employee and at least once every four years thereafter." SECTION 3. Section 84-43, Hawaii Revised Statutes, is amended to read as follows: "§84-43 Ethics training [course.] courses; live and online. (a) The state ethics commission shall establish, design, supervise, and conduct live and online ethics training courses for [the officers] all legislators and employees [to whom this part applies]. (b) The live ethics training course may be conducted in person or via videoconference and shall include: (1) Explanations and discussions of the ethics laws, administrative rules, and relevant internal policies; (2) Specific technical and legal requirements; (3) The underlying purposes and principles of ethics laws; (4) Examples of practical application of the laws and principles; and (5) A question-and-answer participatory segment regarding common problems and situations. The state ethics commission shall develop the methods and prepare any materials necessary to implement the live ethics training course. (c) The online ethics training course shall include explanations, discussions, and examples of the practical application of ethics laws and principles as the ethics commission deems appropriate. The state ethics commission shall develop the methods and prepare any materials necessary to implement the online ethics training course. [(c)] (d) The state ethics commission shall: (1) Administer the ethics training [course;] courses; (2) Designate those of its legal staff who are to conduct the live ethics training course; [and] (3) Notify each [officer] legislator or employee [enumerated in section 84-41], either directly or via the employee's employing agency, that their attendance or participation in [this] an applicable ethics training course is mandatory[.], provided that a legislator's or employee's non-receipt of notice shall not be a defense to a charge concerning a violation of this chapter; and (4) Design and administer the online ethics training course. [(d)] (e) The state ethics commission may repeat the live course as necessary to accommodate all persons who are required to attend. [(e)] (f) Each state agency shall provide to the state ethics commission in a timely manner the names and email addresses of those persons required to take the applicable course [in a timely manner] and shall assist the commission by providing adequate meeting facilities and equipment for the ethics training [course.] courses." SECTION 4. Section 84-41, Hawaii Revised Statutes, is repealed. ["§84-41 Applicability of part. This part applies to legislators, members of the board of education, trustees of the office of Hawaiian affairs, the governor, the lieutenant governor, and executive department heads and deputies. This part does not apply to any other officer or employee of the State."] SECTION 5. Notwithstanding any law to the contrary, all state legislators and employees who are in active service on the effective date of this Act shall successfully complete an online or live ethics training course, as applicable, within twelve months following the effective date of this Act and at least once every four years thereafter; provided that the requirement to successfully complete an ethics training course within the twelve month period immediately following the effective date of this Act shall not apply to those state legislators or employees who, within the past three years from the effective date of this Act, have successfully completed an online or live ethics training course, as applicable. SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 7. This Act shall take effect on July 1, 2023. INTRODUCED BY: _____________________________ By Request
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49	49	SECTION 1. The legislature finds that requiring all state officers and employees to be educated on the state ethics code is in the best interests of the State. Regular training by the state ethics commission will ensure that state employees are aware of current ethics laws, and will increase the public's confidence in state government.
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51	51	Accordingly, the purpose of this Act is to establish an online ethics training course to be designed and administered by the state ethics commission and to make ethics training mandatory for all state officers and employees.
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53	53	SECTION 2. Section 84-42, Hawaii Revised Statutes, is amended to read as follows:
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55	55	"[[]§84-42[]] Mandatory ethics training course. [All state officers and employees enumerated in section 84-41] (a) Legislators, members of the board of education, trustees of the office of Hawaiian affairs, the governor, the lieutenant governor, executive department heads and deputies, and every other person whose financial disclosure statement is a public record pursuant to section 84-17(d) shall complete [an] a live ethics training course administered by the state ethics commission [as provided in this part. For the purposes of this part, "ethics training" includes education and training in:
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57	57	(1) The ethics laws set forth in this chapter; and
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59	59	(2) The lobbying laws set forth in chapter 97.] within ninety days of taking office and at least once every four years thereafter.
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61	61	(b) All other employees shall complete either a live or an online ethics training course administered by the state ethics commission within ninety days of becoming an employee and at least once every four years thereafter."
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63	63	SECTION 3. Section 84-43, Hawaii Revised Statutes, is amended to read as follows:
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65	65	"§84-43 Ethics training [course.] courses; live and online. (a) The state ethics commission shall establish, design, supervise, and conduct live and online ethics training courses for [the officers] all legislators and employees [to whom this part applies].
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67	67	(b) The live ethics training course may be conducted in person or via videoconference and shall include:
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69	69	(1) Explanations and discussions of the ethics laws, administrative rules, and relevant internal policies;
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71	71	(2) Specific technical and legal requirements;
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73	73	(3) The underlying purposes and principles of ethics laws;
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75	75	(4) Examples of practical application of the laws and principles; and
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77	77	(5) A question-and-answer participatory segment regarding common problems and situations.
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79	79	The state ethics commission shall develop the methods and prepare any materials necessary to implement the live ethics training course.
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81	81	(c) The online ethics training course shall include explanations, discussions, and examples of the practical application of ethics laws and principles as the ethics commission deems appropriate. The state ethics commission shall develop the methods and prepare any materials necessary to implement the online ethics training course.
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83	83	[(c)] (d) The state ethics commission shall:
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85	85	(1) Administer the ethics training [course;] courses;
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87	87	(2) Designate those of its legal staff who are to conduct the live ethics training course; [and]
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89	89	(3) Notify each [officer] legislator or employee [enumerated in section 84-41], either directly or via the employee's employing agency, that their attendance or participation in [this] an applicable ethics training course is mandatory[.], provided that a legislator's or employee's non-receipt of notice shall not be a defense to a charge concerning a violation of this chapter; and
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91	91	(4) Design and administer the online ethics training course.
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93	93	[(d)] (e) The state ethics commission may repeat the live course as necessary to accommodate all persons who are required to attend.
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95	95	[(e)] (f) Each state agency shall provide to the state ethics commission in a timely manner the names and email addresses of those persons required to take the applicable course [in a timely manner] and shall assist the commission by providing adequate meeting facilities and equipment for the ethics training [course.] courses."
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97	97	SECTION 4. Section 84-41, Hawaii Revised Statutes, is repealed.
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99	99	["§84-41 Applicability of part. This part applies to legislators, members of the board of education, trustees of the office of Hawaiian affairs, the governor, the lieutenant governor, and executive department heads and deputies. This part does not apply to any other officer or employee of the State."]
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101	101	SECTION 5. Notwithstanding any law to the contrary, all state legislators and employees who are in active service on the effective date of this Act shall successfully complete an online or live ethics training course, as applicable, within twelve months following the effective date of this Act and at least once every four years thereafter; provided that the requirement to successfully complete an ethics training course within the twelve month period immediately following the effective date of this Act shall not apply to those state legislators or employees who, within the past three years from the effective date of this Act, have successfully completed an online or live ethics training course, as applicable.
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103	103	SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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105	105	SECTION 7. This Act shall take effect on July 1, 2023.
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109	109	INTRODUCED BY: _____________________________
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112	112	INTRODUCED BY:
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114	114	_____________________________
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118	118	By Request
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120	120	Report Title: Hawaii State Ethics Commission Package; Ethics Code; Live and Online Classes; Mandatory Training Description: Requires all new state employees to complete ethics training either live or online within 90 days of the start of employment and every 4 years thereafter. Requires existing employees who have not received ethics training within the immediately preceding 3 years to complete live or online ethics training within 12 months of the Act's effective date and at least once every 4 years thereafter. Specifies that certain state officers shall complete live ethics training. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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126	126	Report Title:
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128	128	Hawaii State Ethics Commission Package; Ethics Code; Live and Online Classes; Mandatory Training
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132	132	Description:
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134	134	Requires all new state employees to complete ethics training either live or online within 90 days of the start of employment and every 4 years thereafter. Requires existing employees who have not received ethics training within the immediately preceding 3 years to complete live or online ethics training within 12 months of the Act's effective date and at least once every 4 years thereafter. Specifies that certain state officers shall complete live ethics training.
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142	142	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.