§84-17 - Requirements of disclosure.

§84-17 Requirements of disclosure. (a) For the purposes of this section, the terms:

"Disclosure period" refers to theperiod from January 1 of the preceding calendar year to the time of the filingof the employee's or legislator's disclosure of financial interests.

"Substantially the same" refers to nomore than ten amendments or changes to the information reported for thepreceding disclosure period.

(b) The disclosure of financial interestrequired by this section shall be filed:

(1) Between January 1 and May 31 of each year;

(2) Within thirty days of one's election orappointment to a state position enumerated in subsection (c); or

(3) Within thirty days of separation from a stateposition if a prior financial disclosure statement for the position was notfiled within the one hundred eighty days preceding the date of separation;

provided that candidates for state elective officesor the constitutional convention shall file the required statements no laterthan twenty days prior to the date of the primary election for state offices orthe election of delegates to the constitutional convention.

(1) The governor, the lieutenant governor, themembers of the legislature, and delegates to the constitutional convention;provided that delegates to the constitutional convention shall only be requiredto file initial disclosures;

(2) The directors and their deputies, the divisionchiefs, the executive directors and the executive secretaries and theirdeputies, the purchasing agents and the fiscal officers, regardless of thetitles by which the foregoing persons are designated, of every state agency anddepartment;

(3) The permanent employees of the legislature andits service agencies, other than persons employed in clerical, secretarial, orsimilar positions;

(4) The administrative director of the State, and theassistants in the office of the governor and the lieutenant governor, other thanpersons employed in clerical, secretarial, or similar positions;

(5) The hearings officers of every state agency anddepartment;

(6) The president, the vice presidents, assistantvice presidents, the chancellors, and the provosts of the University of Hawaii and its community colleges;

(7) The superintendent, the deputy superintendent,the assistant superintendents, the complex area superintendents, the statelibrarian, and the deputy state librarian of the department of education;

(8) The administrative director and the deputydirector of the courts;

(9) The members of every state board or commissionwhose original terms of office are for periods exceeding one year and whosefunctions are not solely advisory;

(10) Candidates for state elective offices, includingcandidates for election to the constitutional convention, provided thatcandidates shall only be required to file initial disclosures; and

(11) The administrator and assistant administrator ofthe office of Hawaiian affairs.

(d) The financial disclosure statements of thefollowing persons shall be public records and available for inspection andduplication:

(1) The governor, the lieutenant governor, themembers of the legislature, candidates for and delegates to the constitutionalconvention, the members of the board of education, the trustees of the officeof Hawaiian affairs, and candidates for state elective offices;

(2) The directors of the state departments and theirdeputies, regardless of the titles by which the foregoing persons aredesignated; provided that with respect to the department of the attorneygeneral, the foregoing shall apply only to the attorney general and the firstdeputy attorney general;

(3) The administrative director of the State;

(4) The president, the vice presidents, the assistantvice presidents, the chancellors, and the provosts of the University of Hawaii;

(5) The superintendent, the deputy superintendent,the state librarian, and the deputy state librarian of the department ofeducation;

(6) The administrative director and the deputydirector of the courts; and

(7) The administrator and the assistant administratorof the office of Hawaiian affairs.

(e) The information on the financialdisclosure statements shall be confidential, except as provided in subsection(d). The commission shall not release the contents of the disclosures exceptas may be permitted pursuant to this chapter. Any person who releases anyconfidential information shall be subject to section 84-31(c).

(f) Candidates for state elective offices,including candidates for election to the constitutional convention, shall onlybe required to disclose their own financial interests. The disclosures offinancial interests of all other persons designated in subsection (c) shallstate, in addition to the financial interests of the person disclosing, thefinancial interests of the person's spouse and dependent children. Alldisclosures shall include:

(1) The source and amount of all income of $1,000 ormore received, for services rendered, by the person in the person's own name orby any other person for the person's use or benefit during the precedingcalendar year and the nature of the services rendered; provided thatinformation that may be privileged by law or individual items of compensationthat constitute a portion of the gross income of the business or professionfrom which the person derives income need not be disclosed;

(2) The amount and identity of every ownership orbeneficial interest held during the disclosure period in any business having avalue of $5,000 or more or equal to ten per cent of the ownership of thebusiness and, if the interest was transferred during the disclosure period, thedate of the transfer; provided that an interest in the form of an account in afederal or state regulated financial institution, an interest in the form of apolicy in a mutual insurance company, or individual items in a mutual fund or ablind trust, if the mutual fund or blind trust has been disclosed pursuant tothis paragraph, need not be disclosed;

(3) Every officership, directorship, trusteeship, orother 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 amountand amount outstanding; provided that debts arising out of retail installmenttransactions for the purchase of consumer goods need not be disclosed;

(5) The street address and, if available, the tax mapkey number, and the value of any real property in which the person holds aninterest whose value is $10,000 or more, and, if the interest was transferredor obtained during the disclosure period, a statement of the amount and natureof the consideration received or paid in exchange for such interest, and thename of the person furnishing or receiving the consideration; provided thatdisclosure shall not be required of the street address and tax map key numberof the person's residence;

(6) The names of clients personally representedbefore state agencies, except in ministerial matters, for a fee or compensationduring the disclosure period and the names of the state agencies involved; and

(7) The amount and identity of every creditor interestin an insolvent business held during the disclosure period having a value of$5,000 or more.

(g) Where an amount is required to bereported, 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; atleast $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 lessthan $750,000; at least $750,000 but less than $1,000,000; or $1,000,000 ormore. An amount of stock may be reported by number of shares.

(h) The state ethics commission shall providea long form of disclosure on all even-numbered years and a short form ofdisclosure for subsequent annual filings on all odd-numbered years in thoseinstances where the financial interests of the person disclosing aresubstantially the same as those reported for the preceding disclosure period.

(i) Failure of a legislator, a delegate to theconstitutional convention, or employee to file a disclosure of financialinterests as required by this section shall be a violation of this chapter. Any legislator, delegate to a constitutional convention, or employee who failsto file a disclosure of financial interests when due shall be assessed anadministrative fine of $50. The state ethics commission shall notify a person,by registered mail, return receipt requested, of the failure to file, and thedisclosure of financial interests shall be submitted to the commission notlater than 4:30 p.m. on the tenth day after notification of the failure to filehas been mailed to the person. If a disclosure of financial interests has notbeen filed within ten days of the due date, an additional administrative fineof $10 for each day a disclosure remains unfiled shall be added to theadministrative fine. All administrative fines collected under this sectionshall be deposited in the State's general fund. Any administrative fine for latefiling shall be in addition to any other action the commission may take underthis chapter for violations of the state ethics code. The commission may waiveany administrative fines assessed under this subsection for good cause shown.

(j) The chief election officer, upon receiptof the nomination paper of any person seeking a state elective office,including the office of delegate to the constitutional convention, shall notifythe ethics commission of the name of the candidate for state office and the dateon which the person filed the nomination paper. The ethics commission, uponthe expiration of the time allowed for filing, shall release to the public alist of all candidates who have failed to file financial disclosure statementsand shall immediately assess a late filing penalty fee against those candidatesof $25 which shall be collected by the state ethics commission and depositedinto the general fund. The ethics commission may investigate, initiate, orreceive charges as to whether a candidate's financial disclosure statementdiscloses the financial interests required to be disclosed. After proceedingin conformance with section 84-31, the ethics commission may issue a decisionas to whether a candidate has complied with section 84-17(f) and this decisionshall 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 ch1985; am L 1989, c 113, §§1, 2; am L 1991, c 150, §1; am L 1993, c 26, §1; am L1995, c 49, §1 and c 230, §1; am L 1997, c 50, §1; am L 2000, c 297, §18; am L2003, c 187, §4; am L 2005, c 135, §1; am L 2006, c 207, §2; am L 2007, c 9, §4]

Revision Note

In subsection (f),"subsection (c)" substituted for "section 84-17(c)".

Cross References

List of personsexamining records, see §84-31.5.

Rules of Court

Judges, financialdisclosures, see RSC rule 15.