Report Title:

Ethics

 

Description:

Requires drug testing of elected officials after certification of election, but prior to taking the oath of office, and upon reasonable suspicion thereafter.  Prohibits legislators from employing spouses in office under the legislator's jurisdiction.  Prohibits state agencies from entering into contracts with a legislator for goods or services valued at $10,000 or more per year.  (SB945 HD1)

THE SENATE

S.B. NO.

945

TWENTY-FOURTH LEGISLATURE, 2007

H.D. 1

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ETHICS.

 

 

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

 

     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 illegal drugs.  Testing shall be conducted in compliance with chapter 329B and shall be conducted at the expense of 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.

     (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 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.  Section 84-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

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

     SECTION 4.  Section 84-15, Hawaii Revised Statutes, is amended to read as follows:

     "§84-15  Contracts.  (a)  A state agency shall not enter into any contract to procure or dispose of goods or services, or for construction, with [a legislator,] an employee, or a business in which [a legislator or] an employee has a controlling interest, involving services or property of a value in excess of $10,000 unless:

     (1)  The contract is awarded by competitive sealed bidding pursuant to section 103D-302;

     (2)  The contract is awarded by competitive sealed proposal pursuant to section 103D-303; or

     (3)  The agency posts a notice of its intent to award the contract and files a copy of the notice with the state ethics commission at least ten days before the contract is awarded.

     (b)  No legislator, or a business in which a legislator has a controlling interest, shall enter into any contract for goods, services, or construction with any entity that receives any state funding, where the contract involves goods, services, or property of a value in excess of $10,000 in any fiscal year.

     [(b)] (c)  A state agency shall not enter into a contract with any person or business [which] that is represented or assisted personally in the matter by a person who has been an employee of the agency within the preceding two years and who participated while in state office or employment in the matter with which the contract is directly concerned."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.