REPORT TITLE:
Legislators; Campaign Activi


DESCRIPTION:
Prohibits legislators and state employees from certain activities
that use state resources to assist in the election of a person to
public office, including using state time, equipment, materials,
supplies, and so on.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2636
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CAMPAIGN ACTIVITIES OF STATE LEGISLATORS AND STATE
   EMPLOYEES.



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

 1      SECTION 1.  Chapter 84, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "84-     Political activities; prohibitions.  (a)  No
 
 5 legislator or employee shall use or authorize the use of state
 
 6 resources, directly or indirectly, for the purpose of assisting a
 
 7 campaign for election of a person to public office.  Knowing
 
 8 acquiescence by a legislator or employee with authority to direct
 
 9 or control the actions of any individual using state resources in
 
10 violation of this section constitutes a violation of this
 
11 section.  "State resources" shall include, but not be limited to,
 
12 the following:
 
13      (1)  State time;
 
14      (2)  State equipment, including telephones, facsimile
 
15           machines, photocopiers, computers, and computer
 
16           functions such as electronic mail and the internet;
 
17      (3)  State facilities, including office space, conference
 
18           rooms, bulletin boards, mail boxes, and areas in any
 
19           room or building occupied in the discharge of official
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1           duties by any public officer or employee of the State;
 
 2      (4)  State vehicles and machinery;
 
 3      (5)  State stationery, postage, supplies, and the state
 
 4           messenger service;
 
 5      (6)  State agency publications, including reports,
 
 6           newsletters, and press releases;
 
 7      (7)  State agency information not available to members of
 
 8           the public;
 
 9      (8)  The state seal;
 
10      (9)  The use of state employees during working hours; and
 
11     (10)  Any state uniform or official insignia that identifies
 
12           the state office or position of the individual and is
 
13           worn when it is reasonable to infer that the individual
 
14           is acting in his or her official capacity.
 
15      (b)  No legislator or employee shall use or attempt to use
 
16 the legislator's or employee's official position to secure or
 
17 grant unwarranted advantages for any political campaign.
 
18      (c)  No legislator or employee shall use or attempt to use
 
19 the legislator's or employee's official position to coerce any
 
20 political campaign contribution or political campaign service
 
21 from any person or business.
 
22      (d)  No legislator or employee shall use or attempt to use
 
23 the legislator's or employee's official position to retaliate
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1 against any person or business for refusing to make a political
 
 2 campaign contribution or to render political campaign service.
 
 3      (e)  No legislator or employee shall solicit the purchase of
 
 4 political campaign fundraiser tickets from a subordinate or a
 
 5 person or business whom the legislator or employee inspects or
 
 6 supervises in the legislator's or employee's official capacity.
 
 7      (f)  No legislator or employee shall allow any candidate to
 
 8 engage in campaign activities in state facilities, including
 
 9 office space and areas in any room or building occupied in the
 
10 discharge of official duties by any public officer or employee of
 
11 the State.
 
12      (g)  Nothing in this section shall prohibit the use of state
 
13 facilities for political campaign purposes if the facilities are
 
14 generally available on the same terms for public use.
 
15      (h)  Nothing in this section shall prohibit legislators and
 
16 employees from carrying out their official duties and functions
 
17 as authorized by law."
 
18      SECTION 2.  New statutory material is underscored.
 
19      SECTION 3.  This Act shall take effect upon its approval.
 
20 
 
21                              INTRODUCED BY:______________________