HR3

WHEREAS, the Rules of the House of Representatives may be amended pursuant to House Rule 57 with one day's notice of the change by a majority vote of the members of the House; and

WHEREAS, during the Regular Session of 2007, the House adopted House Resolution No. 176, H.D. 1, that established an interim House task force to evaluate the propriety, merits, and, if found, possible procedures for a standards of conduct committee to handle potential conflicts of interests and other breaches of the standards of conduct by members of the House of Representatives; and

WHEREAS, during the 2007 interim, the task force met and, after various consultations and discussions regarding the establishment of a standards of conduct committee, recommended that changes to the Rules of the House of Representatives establishing a Select Committee on Standards of Conduct, as well as the establishment of procedural rules governing the operation of the Select Committee on Standards of Conduct, be adopted by the House of Representatives; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the House of Representatives hereby amends the Rules of the House of Representatives to add new Rules 60.5 through 60.10 as follows:

60.5 If the member has a conflict of interest in legislation, the member shall disclose to the presiding officer (the committee chair or the Speaker, depending on where the vote is taking place) the conflict of interest prior to voting on that legislation. For the purposes of this rule, a "conflict of interest" means that the legislation affects the member's direct personal, familial, or financial interest except if the member, or the member's relative, is part of a class of people affected by the legislation.

60.6 If a member is uncertain as to whether a conflict of interest exists, the member may request a ruling from the presiding officer by giving notice and disclosing the direct financial interest to the presiding officer prior to voting. When making a determination in cases where a portion of a measure may place a member in a conflict of interest, the presiding officer shall give due consideration to the context of that portion as it relates to the overall purpose of the measure. If the presiding officer determines that a conflict exists, the presiding officer shall recognize the conflict and honor the member's request to be excused from discussion, debate, and voting.

60.7 There shall be established a Select Committee on Standards of Conduct composed of three members of the majority party and three members of the minority party, who shall be appointed by the Speaker. The Committee shall investigate any member for misconduct, disorderly conduct, neglect of duty, violation of chapter 84, Hawaii Revised Statutes, or violation of these Rules. The Select Committee on Standards of Conduct shall operate in accordance with rules and procedures adopted by the Committee.

60.8 Except as provided, a member shall not accept an honorarium related to the member's legislative role, duties, or responsibilities. For the purposes of this rule, an "honorarium" means compensation provided to a member for services rendered by the member under conditions for which there is no contractual or legal obligation by the recipient of the services to compensate the member. The following shall not be considered an honorarium:

(1) Reasonable and verifiable expenses for the member's meals, travel, lodging, and for care of a child or dependent adult that are actually incurred;

(2) Permissible gifts under Chapter 84, Hawaii Revised Statutes;

(3) Anything of value that is otherwise reported or reportable as a campaign donation or expenditure; or

(4) Any compensation if the member is requested to appear and/or speak on a topic or issue that is not related to the member's legislative role or duties.

60.9 Even if permitted by rule 60.8, a member may not accept an honorarium if the offering of the honorarium is made for the purpose of influencing the performance of a member's official duties.

60.10 Nothing herein shall be construed to limit, approve, prohibit, or infringe upon the proper jurisdiction of the Ethics Commission.;

and

BE IT FURTHER RESOLVED that the House of Representatives also hereby adopts the attached operating procedures for the Select Committee on Standards of Conduct established under the newly adopted Rule 60.7; and

BE IT FURTHER RESOLVED that House Rule 11.5, subparagraph (1), is amended to read as follows:

(1) Meetings, including decision-making sessions, of standing committees shall be public. Notice shall be publicly posted or announced on the House floor at least forty-eight hours prior to the meeting. Except for notices posted by the Committee on Finance, notice shall be posted before 4:30 p. m. on the last day of the work week for a hearing to be held on the following Monday or Tuesday. Notice of meetings may be shortened at the discretion of the Speaker upon request on the House floor by a chair or vice-chair and upon good cause shown.

BE IT FURTHER RESOLVED that House Rule 12, subparagraph (16), is amended to read as follows

(16) Committee on Finance, whose scope shall be those programs relating to overall State financing policies, including taxation and other revenues, cash and debt management, and statewide implementation of planning, programming, budgeting, and evaluation. [~~The committee may provide for such subcommittees in the performance of its duties including:~~

~~(a) Subcommittee on Taxation;~~

~~(b) Subcommittee on Purchases of Health and Human Services and Grants in Aid; and~~

~~(c) Subcommittee on Capital Improvements.~~]

BE IT FURTHER RESOLVED that new languages for rules added to the Rules of the House of Representatives are underscored and repealed language of the Rules of the House of Representatives is bracketed and stricken.

	OFFERED BY:

Report Title:

Amends House Rules to add Select Committee on Standards of Conduct.

HOUSE OF REPRESENTATIVES	H.R. NO.	3
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII