Report Title:

State Ethics; Solicitation of Support for Nominee

Description:

Prohibits legislators and state employees from using state time, equipment, or other facilities to solicit support for a nominee in a senate advice and consent proceeding.

THE SENATE	S.B. NO.	2570
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO standards of conduct.

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

     SECTION 1.  The legislature finds that a nominee to an appointive public office, board, or commission should not use state time, equipment, or other state resources to solicit support for the nominee's nomination in a senate advice and consent proceeding.

     The purpose of this Act is to prohibit a nominee to an appointive public office, board, or commission from using state time, equipment, or other state resources to solicit support for the nominee's nomination in a senate advice and consent proceeding.

     SECTION 2.  Section 84-13, Hawaii Revised Statutes, is amended to read as follows:

"§84-13  Fair treatment. (a)  No legislator or employee shall use or attempt to use the legislator's or employee's official position to secure or grant unwarranted privileges, exemptions, advantages, contracts, or treatment, for oneself or others; including but not limited to the following:

     (1)  Seeking other employment or contract for services for oneself by the use or attempted use of the legislator's or employee's office or position[.];

     (2)  Accepting, receiving, or soliciting compensation or other consideration for the performance of the legislator's or employee's official duties or responsibilities except as provided by law[.];

     (3)  Using state time, equipment or other facilities for private business purposes[.]; or

     (4)  Soliciting, selling, or otherwise engaging in a substantial financial transaction with a subordinate or a person or business whom the legislator or employee inspects or supervises in the legislator's or employee's official capacity.

     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.

(b)  If a legislator or an employee is a nominee to an appointive public office, board, or commission, the legislator or employee shall not use state time, equipment, or other resources to solicit support for the legislator's or employee's nomination in a senate advice and consent proceeding."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________