Report Title:

Elected Officials; Drug Testing; Disqualification

Description:

Requires testing for illegal drugs of all elected officials of the State, county, board of education, and office of Hawaiian affairs. Disqualifies any person who tests positive for illegal drugs from taking office. Requires forfeiture of office upon testing positive for illegal drugs.

THE SENATE

S.B. NO.

413

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ELECTED OFFICIALS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that Hawaii currently faces a drug crisis, with drug use reaching epidemic proportions. During the 1990s, an elected official was found to be using drugs at or near the time of the expiration of his elected service. In addition, because of the high rate of drug usage in the State, it is possible that at least some current elected officials are using illegal drugs during their term of office. Hawaii's immediate drug crisis knows no economic or social boundaries—the most powerful and wealthy are affected just as are the lame and the poor. This Act is necessary because of the past history of drug use by elected officials and the rising numbers of drug users in the general population who may be elected to public office.

The legislature further finds that because of Hawaii's current "ice" epidemic, as well as the increased rate of other drug use, it is critical to ensure that no one elected to represent the people of Hawaii uses illegal drugs. Drug use by elected officials makes Hawaii a more dangerous place to live and visit and undermines the foundation of government. Though elected officials are not the leaders of the Hawaii drug crisis, any involvement in drugs by an appointee of the public who is charged with creating antidrug enforcement policies, or even the appearance of impropriety thereof, is wholly unacceptable. Hawaii's unique need to deal with this past issue of drugs and elected officials, and the unique need Hawaii will continue to face with the rise of drug use by those who may become elected officials, requires that drug testing be implemented.

Beyond need, the legislature declares that a zero tolerance on drug use by elected officials serves the public because the officials are accountable to the public and use of illegal drugs draws into question an elected official's judgment and integrity; jeopardizes the discharge of public functions, including antidrug law enforcement efforts; and undermines public confidence and trust in elected officials.

Because elected officials have power over the community through the introduction and enactment of legislation, including the ability to subject citizens to mandatory drug testing, this Act is necessary to ensure that elected officials are held to the same standard as other citizens, if not a higher one.

SECTION 2. Chapter 78, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§78- Elected officials; drug testing; disqualification and forfeiture of office. (a) All elected officials shall submit to testing for illegal drugs after certification of their election and prior to taking the oath of office. Thereafter, elected officials elected to a term of office of two years shall submit to testing for illegal drugs every six months. Elected officials elected to a term of office of four years shall submit to testing for illegal drugs every twelve months. Testing shall be conducted in compliance with chapter 329B. Testing shall be funded from the budget of the branch of government to which the official has been elected. Test results shall be provided to the personnel officer of the branch of government to which the official has been elected or in which the official holds office and the personnel officer shall take action, as appropriate, to effectuate the purposes of this section.

(b) Any elected official who tests positive for illegal drugs shall immediately be disqualified from taking office or forfeit any office held.

(c) For purposes of this section:

"Elected official" means the governor, lieutenant governor, members of the senate and the house of representatives, county mayors, elected county prosecutors, members of the county councils, members of the board of education and of the board of trustees of the office of Hawaiian affairs, and any person certified pursuant to section 11-155 to have won election to one of these offices but who has not yet taken the oath of office.

"Illegal drug" means any controlled substance, as defined in chapter 329, for which the person does not possess a valid prescription."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

INTRODUCED BY:

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