A second provision, the Fair Treatment law, does apply to legislators. Nothing herein shall be construed to prohibit a legislator from introducing bills and resolutions, serving on committees or from making statements or taking action in the exercise of the legislator's legislative functions. Every legislator shall file a full and complete public disclosure of the nature and extent of the interest or transaction which the legislator believes may be affected by legislative action. In general, the Fair Treatment law forbids a state legislator or a state employee from using his or her position to grant anyone, including himself or herself, an unwarranted benefit, unwarranted advantage, privilege, or special treatment. The last paragraph of the Fair Treatment law, it should be noted, echoes Article III, Section 7 of the Hawaii State Constitution.
Legislators occupy a unique position within state government.
In many instances, the Legislature itself is responsible for governing the behavior of its members. The State Ethics Code does not prohibit a legislator from engaging in some activities which it would prohibit if a state employee or state board member attempted to perform the same actions. For example, the State Ethics Code generally would forbid a state board member from voting on a matter that directly affects his or her own private financial interests. However, it would not prohibit a state legislator from voting on a matter that affects his or her own financial interests. The State Ethics Code generally does not in any per se fashion prohibit a state legislator from engaging in business transactions with people or organizations that may also be affected by legislative action.