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Recent Personal Injury and Car Accident News and Cases related to Hawaii

Congressional grants of tort immunity obtained by big business through political contributions and lobbying are finally hitting some limits. In 2005 the rental car industry managed to get immunity for harm caused by their vehicles, known as the "Graves Amendment", passed as an amendment snuck into a 900-page transportation appropriations bill without review from the relevant congressional committees. On September 14, 2007 the U.S. District Court for the Southern District of Florida declared the Graves Amendment providing tort immunity to the rental car industry to be unconstitutional. The Court reasoned that federal grants of immunity for businesses traditionally regulated at the state level constitute an overreaching of Congress' power under the Commerce Clause. Vanguard Car Rental v. Huchon, Civ. Case No. 06-10082, (USDC So.Dist. Fl. 2007)

 

 


THE CONSTITUTION OF THE STATE OF HAWAII

ARTICLE XIV - CODE OF ETHICS


INDEX TO THE CONSTITUTION OF THE STATE OF HAWAII

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THE CONSTITUTION OF THE STATE OF HAWAII

As Amended and in Force January 1, 2000

ARTICLE XIV

CODE OF ETHICS

The people of Hawaii believe that public officers and employees must exhibit the highest standards of ethical conduct and that these standards come from the personal integrity of each individual in government. To keep faith with this belief, the legislature, each political subdivision and the constitutional convention shall adopt a code of ethics which shall apply to appointed and elected officers and employees of the State or the political subdivision, respectively, including members of the boards, commissions and other bodies.

Each code of ethics shall be administered by a separate ethics commission, except the code of ethics adopted by the constitutional convention which shall be administered by the state ethics commission. The members of ethics commissions shall be prohibited from taking an active part in political management or in political campaigns. Ethics commissioners shall be selected in a manner which assures their independence and impartiality.

Each code of ethics shall include, but not be limited to, provisions on gifts, confidential information, use of position, contracts with government agencies, post-employment, financial disclosure and lobbyist registration and restriction. The financial disclosure provisions shall require all elected officers, all candidates for elective office and such appointed officers and employees as provided by law to make public financial disclosures. Other public officials having significant discretionary or fiscal powers as provided by law shall make confidential financial disclosures. All financial disclosure statements shall include, but not be limited to, sources and amounts of income, business ownership, officer and director positions, ownership of real property, debts, creditor interests in insolvent businesses and the names of persons represented before government agencies. [Add Const Con 1978 and election Nov 7, 1978]

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