84-17. Requirements of disclosure
(a) For the purposes of this section, "disclosure period" refers to the period from January 1 of the preceding calendar year to the time of the filing of the employee's or legislator's disclosure of financial interests.
(b) The disclosure of financial interests
required by this section shall be filed:
(1) By any person enumerated in subsection (c),
except a member of the legislature, between January 1 and May 31 of each year;
(2) By a member of the legislature between January 1
and January 31 of each year;
(3) Within thirty days of a person's election or
appointment to a state position enumerated in subsection (c); or
(4) Within thirty days of separation from a state
position if a prior financial disclosure statement for the position was not
filed within the one hundred eighty days preceding the date of separation;
provided that candidates for state elective offices
or the constitutional convention shall file the required statements no later
than ten days after the nomination filing deadline established pursuant to
section 12-6.
(c) The following persons shall file annually
with the state ethics commission a disclosure of financial interests:
(1) The governor, lieutenant governor, members of the
legislature, and delegates to the constitutional convention; provided that
delegates to the constitutional convention shall only be required to file
initial disclosures;
(2) The directors and their deputies, the division
chiefs, the executive directors and the executive secretaries and their
deputies, the purchasing agents, and the fiscal officers, regardless of the
titles by which the foregoing persons are designated, of every state agency and
department;
(3) The permanent employees of the legislature and
its service agencies, other than persons employed in clerical, secretarial, or
similar positions;
(4) The administrative director of the State, and the
assistants in the office of the governor and lieutenant governor, other than
persons employed in clerical, secretarial, or similar positions;
(5) The hearings officers of every state agency and
department;
(6) The president, vice presidents, assistant vice
presidents, chancellors, and provosts of the University of Hawaii and its
community colleges;
(7) The superintendent, deputy superintendent,
assistant superintendents, complex area superintendents, state librarian, and
deputy state librarian of the department of education;
(8) The administrative director and deputy director
of the courts;
(9) The members of every state board or commission
whose original terms of office are for periods exceeding one year and whose
functions are not solely advisory;
(10) Candidates for state elective offices, including
candidates for election to the constitutional convention; provided that
candidates shall only be required to file initial disclosures;
(11) The administrator and assistant administrator of
the office of Hawaiian affairs;
(12) The Hawaii unmanned aerial systems test site
chief operating officer; and
(13) The members of the school facilities board
appointed by the governor.
(d) The financial disclosure statements of the
following persons shall be public records and available for inspection and
duplication:
(1) The governor, lieutenant governor, members of the
legislature, candidates for and delegates to the constitutional convention,
trustees of the office of Hawaiian affairs, and candidates for state elective
offices;
(2) The directors of the state departments and their
deputies, regardless of the titles by which the foregoing persons are
designated; provided that with respect to the department of the attorney
general, the foregoing shall apply only to the attorney general and the first
deputy attorney general;
(3) The administrative director of the State;
(4) The president, vice presidents, assistant vice
presidents, chancellors, members of the board of regents, and provosts of the
University of Hawaii;
(5) The members of the board of education,
superintendent, deputy superintendent, state librarian, and deputy state
librarian of the department of education;
(6) The administrative director and deputy director
of the courts;
(7) The administrator and assistant administrator of
the office of Hawaiian affairs; and
(8) The members of the following state boards,
commissions, and agencies:
(A) The board of directors of the
agribusiness development corporation established under section 163D-3;
(B) The board of agriculture established
under section 26-16;
(C) The state ethics commission established
under section 84-21;
(D) The Hawaii community development
authority established under section 206E-3;
(E) The Hawaiian homes commission established
under the Hawaiian Homes Commission Act of 1920, as amended, and section 26-17;
(F) The board of directors of the Hawaii
housing finance and development corporation established under section 201H-3;
(G) The board of land and natural resources
established under section 171-4;
(H) The state land use commission established
under section 205-1;
(I) The legacy land conservation commission
established under section 173A-2.4;
(J) The natural area reserves system
commission established under section 195-6;
(K) The board of directors of the natural
energy laboratory of Hawaii authority established under section 227D-2;
(L) The board of directors of the Hawaii
public housing authority established under section 356D-3;
(M) The public utilities commission
established under section 269-2;
(N) The commission on water resource
management established under section 174C-7; and
(O) The stadium authority established under
section 109-1.
(e) The information on the financial
disclosure statements shall be confidential, except as provided in subsection
(d). The commission shall not release the contents of the disclosures except
as may be permitted pursuant to this chapter. The unauthorized release of any
confidential financial disclosure statement information shall be a violation of
this chapter.
(f) Candidates for state elective offices,
including candidates for election to the constitutional convention, shall only
be required to disclose their own financial interests. The disclosures of
financial interests of all other persons designated in subsection (c) shall
state, in addition to the financial interests of the person disclosing, the
financial interests of the person's spouse and dependent children. All
disclosures shall include:
(1) The source and amount of all income of $1,000 or
more received, for services rendered, by the person in the person's own name or
by any other person for the person's use or benefit during the preceding
calendar year and the nature of the services rendered; provided that required
disclosure under this paragraph for the income source of the spouse or
dependent child of a person subject to subsection (d) shall be limited to the
name of the business or other qualifying source of income, and need not include
the income source's address; provided further that other information that may
be privileged by law or individual items of compensation that constitute a
portion of the gross income of the business or profession from which the person
derives income need not be disclosed;
(2) The amount and identity of every ownership or
beneficial interest held during the disclosure period in any business having a
value of $5,000 or more or equal to ten per cent of the ownership of the
business and, if the interest was transferred during the disclosure period, the
date of the transfer; provided that an interest in the form of an account in a
federal or state regulated financial institution, an interest in the form of a
policy in a mutual insurance company, or individual items in a mutual fund or a
blind trust, if the mutual fund or blind trust has been disclosed pursuant to
this paragraph, need not be disclosed;
(3) Every officership, directorship, trusteeship, or
other fiduciary relationship held in a business during the disclosure period,
the term of office and the annual compensation;
(4) The name of each creditor to whom the value of
$3,000 or more was owed during the disclosure period and the original amount
and amount outstanding; provided that debts arising out of retail installment
transactions for the purchase of consumer goods need not be disclosed;
(5) The street address and, if available, the tax map
key number, and the value of any real property in which the person holds an
interest whose value is $10,000 or more, and, if the interest was transferred
or obtained during the disclosure period, a statement of the amount and nature
of the consideration received or paid in exchange for such interest, and the
name of the person furnishing or receiving the consideration; provided that
disclosure shall not be required of the street address and tax map key number
of the person's residence;
(6) The names of clients assisted or represented
before state agencies, except in ministerial matters, for a fee or compensation
during the disclosure period and the names of the state agencies involved; and
(7) The amount and identity of every creditor
interest in an insolvent business held during the disclosure period having a
value of $5,000 or more.
(g) In addition to the disclosures required
under subsection (f), each member of the legislature shall also disclose the
name of any person that is subject to section 97-3 and that is:
(1) A business partner of the member;
(2) An employer of the member;
(3) An officer or director of the member's employer;
or
(4) A client of the member, member's partner, or
member's employer, who is on the lobbyist list and not just a client with a
lobbyist, where the client provided at least $5,000 of income during the
preceding calendar year.
As used in this subsection:
"Member" means a member of the
legislature.
"Member's partner" means a member's
spouse under chapter 572, civil union partner under chapter 572B, or reciprocal
beneficiary under chapter 572C.
(h) Where an amount is required to be
reported, the person disclosing may indicate whether the amount is at least
$1,000 but less than $10,000; at least $10,000 but less than $25,000; at least
$25,000 but less than $50,000; at least $50,000 but less than $100,000; at
least $100,000 but less than $150,000; at least $150,000 but less than
$250,000; at least $250,000 but less than $500,000; at least $500,000 but less
than $750,000; at least $750,000 but less than $1,000,000; or $1,000,000 or
more. An amount of stock may be reported by number of shares.
(i) The state ethics commission shall provide
a method for filing financial disclosure statements. The commission may
require that financial disclosure statements be filed electronically.
(j) Failure of a legislator, a delegate to the
constitutional convention, or an employee to file a disclosure of financial
interests as required by this section shall be a violation of this chapter.
Any legislator, delegate to a constitutional convention, or employee who fails
to file a disclosure of financial interests when due may be assessed an
administrative fine of $50. The state ethics commission, upon the expiration
of the time allowed for filing, may post on its website for public inspection a
list of all persons who have failed to file financial disclosure statements.
The state ethics commission shall notify a person, by in-person service,
electronic mail to the person's state electronic mail address, or first-class
mail, of the failure to file, and, if applicable, the administrative fine. If
a disclosure of financial interests has not been filed within thirty days after
the original deadline, in addition to any initial administrative fine that may
have been assessed, an administrative fine of $250 may be assessed.
(k) The chief election officer, upon receipt
of the nomination paper of any person seeking a state elective office,
including the office of delegate to the constitutional convention, shall notify
the state ethics commission of the name of the candidate for state office and
the date on which the person filed the nomination paper. Any candidate who
fails to file a disclosure of financial interests when due may be assessed an
administrative fine of $50. The state ethics commission, upon the expiration
of the time allowed for filing, may post on its website for public inspection a
list of all candidates who have failed to file financial disclosure
statements. The state ethics commission shall notify a candidate, by in-person
service, electronic mail to the candidate's electronic mail address listed with
the office of elections, or first-class mail, of the failure to file and, if
applicable, the administrative fine. If a disclosure of financial interests
has not been filed within thirty days after the original deadline, in addition
to any initial administrative fine that may have been assessed, an
administrative fine of $250 may be assessed.
[(l)] If notice and order of an administrative
fine has been issued pursuant to this section, the order shall become final on
the twentieth day after it is served upon the alleged violator, unless the
alleged violator submits a written request for a hearing before the state
ethics commission on or before the twentieth day. After conducting a hearing
pursuant to chapter 91, the state ethics commission may affirm, modify, or
rescind the order as appropriate. The state ethics commission may file with
the circuit court of the first circuit any order the commission has issued
pursuant to this section for the purpose of confirming the order as a final
judgment that shall have the same force and effect and shall be enforceable and
collectable as other judgments issued by the circuit courts; provided that
there shall be no appeal from the judgment.
[(m)] All administrative fines collected under
this section shall be deposited into the general fund. Any administrative fine
for the late filing of a disclosure of financial interests shall be in addition
to any other action the state ethics commission may take pursuant to this
chapter. The state ethics commission may waive any administrative fines
authorized pursuant to this section for good cause shown.
[(n)] The state ethics commission may
investigate, initiate, or receive charges on whether a candidate's financial
disclosure statement discloses the financial interests required to be
disclosed. After proceeding in conformance with section 84-31, the state
ethics commission may issue a decision on whether a candidate has complied with
subsection (f). This decision shall be a matter of public record.
[L 1972, c
163, pt of §1; am L 1978, c 245, §4; am L 1979, c 91, §6; am L 1980, c 87, §§1,
2; am L 1985, c 152, §1; gen ch 1985; am L 1989, c 113, §§1, 2; am L 1991, c
150, §1; am L 1993, c 26, §1; am L 1995, c 49, §1 and c 230, §1; am L 1997, c
50, §1; am L 2000, c 297, §18; am L 2003, c 187, §4; am L 2005, c 135, §1; am L
2006, c 207, §2; am L 2007, c 9, §4; am L 2011, c 5, §10; am L 2013, c 125, §1;
am L 2014, c 230, §2; am L 2015, c 208, §3; am L 2017, c 52, §1; am L 2020, c
39, §1 and c 72, §3; am L 2021, c 146, §15; am L 2023, c 123, §1 and c 129, §2]
