HB1909 SD2

SECTION 1. 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 shall submit to testing for illegal drugs if there is a reasonable suspicion that the official is using drugs. Testing shall be conducted in compliance with chapter 329B. Testing shall be paid for by the elected official. 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 and forfeit any office held.

"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 2. Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§84- Employment of spouses; restrictions. No legislator may appoint, employ, promote, advance, or advocate for appointment, promotion, or advancement in a position as a legislative employee in the office over which the legislator exercises jurisdiction or control an individual who is a spouse of the legislator. An individual may not be appointed, employed, promoted or advanced in a position as a legislative employee if such appointment, employment, promotion or advancement has been advocated by a legislator who is a spouse of the individual. An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay, and money may not be paid from the state treasury as pay to an individual so appointed, employed, promoted, or advanced."

SECTION 3. Chapter 97, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§97- Spouses of legislators; lobbying restricted. If a legislator's spouse is a registered lobbyist or is employed or retained by a registered lobbyist for the purpose of influencing legislation, the legislator shall prohibit all staff employed by that legislator, including staff in personal, committee, and leadership offices, from having any official contact with the legislator's spouse. Legislators and employees on the staff of a legislator, including staff in personal, committee, and leadership offices, shall be prohibited from having any official contact with any spouse of a legislator who is a registered lobbyist or is employed or retained by such a registered lobbyist. The prohibition in this section shall not apply to the spouse of a legislator who was serving as a registered lobbyist at least one year prior to the election of that legislator to office or at least one year prior to the lobbyist's marriage to that legislator."

SECTION 4. Section 84-3, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Legislative employee" means an employee of the legislative branch.

"Lobbyist" means the same as defined under section 97-1.

"Person" means the same as defined under section 97-1."

SECTION 5. New statutory material is underscored.

SECTION 6. This Act shall take effect on July 1, 3211.

HOUSE OF REPRESENTATIVES	H.B. NO.	1909
TWENTY-FOURTH LEGISLATURE, 2007		H.D. 1
STATE OF HAWAII		S.D. 2