§84-17 - Requirements of disclosure.

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

"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.

"Substantially the same" refers to no
more than ten amendments or changes to the information reported for the
preceding disclosure period.

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

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

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

(3) 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 twenty days prior to the date of the primary election for state offices or
the election of delegates to the constitutional convention.

(1) The governor, the lieutenant governor, the
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 the 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, the vice presidents, assistant
vice 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 state
librarian, and the deputy state librarian of the department of education;

(8) The administrative director and the 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; and

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

(d) The financial disclosure statements of the
following persons shall be public records and available for inspection and
duplication:

(1) The governor, the lieutenant governor, the
members of the legislature, candidates for and delegates to the constitutional
convention, the members of the board of education, the 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, the vice presidents, the assistant
vice 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 of
education;

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

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

(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. Any person who releases any
confidential information shall be subject to section 84-31(c).

(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
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 personally 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) 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.

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

(i) Failure of a legislator, a delegate to the
constitutional convention, or 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 shall be assessed an
administrative fine of $50. The state ethics commission shall notify a person,
by registered mail, return receipt requested, of the failure to file, and the
disclosure of financial interests shall be submitted to the commission not
later than 4:30 p.m. on the tenth day after notification of the failure to file
has been mailed to the person. If a disclosure of financial interests has not
been filed within ten days of the due date, an additional administrative fine
of $10 for each day a disclosure remains unfiled shall be added to the
administrative fine. All administrative fines collected under this section
shall be deposited in the State's general fund. Any administrative fine for late
filing shall be in addition to any other action the commission may take under
this chapter for violations of the state ethics code. The commission may waive
any administrative fines assessed under this subsection for good cause shown.

(j) 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 ethics commission of the name of the candidate for state office and the date
on which the person filed the nomination paper. The ethics commission, upon
the expiration of the time allowed for filing, shall release to the public a
list of all candidates who have failed to file financial disclosure statements
and shall immediately assess a late filing penalty fee against those candidates
of $25 which shall be collected by the state ethics commission and deposited
into the general fund. The ethics commission may investigate, initiate, or
receive charges as to whether a candidate's financial disclosure statement
discloses the financial interests required to be disclosed. After proceeding
in conformance with section 84-31, the ethics commission may issue a decision
as to whether a candidate has complied with section 84-17(f) and 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]

Revision Note

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

Cross References

List of persons
examining records, see §84-31.5.

Rules of Court

Judges, financial
disclosures, see RSC rule 15.