HB2612

Report Title:

Government Equipment

Description:

Allows public employers to access any of their employee's state owned computers for any work-related reason.

HOUSE OF REPRESENTATIVES	H.B. NO.	2612
TWENTY-FIRST LEGISLATURE, 2002
STATE OF HAWAII

A BILL FOR AN ACT

 

RELATING TO GOVERNMENT PROPERTY.

 

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

SECTION 1. Section 84-13, Hawaii Revised Statutes, is amended to read as follows:

"§84-13 Fair treatment[.]; expectation of privacy. (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] the employee 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[.]; and

(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.

(b) Every employer may access any state computer used by any employee supervised by the employer. Access may be for any work-related reason. An employer need not have any indication of misuse of equipment to access an employee's state computer to investigate possible misuse. No state employee shall have any expectation of privacy in any documents, files, or other electronic information found on any state computer used by the employee.

(c) 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.

(d) For purposes of this section:

"Employee" means any nominated, appointed, or elected officer or employee of the State, including members of boards, commissions, and committees, legislators, delegates to the constitutional convention, justices and judges, and employees under contract to the State.

"Employer" means any person in a supervisory position or who has administrative duties in any government agency.

"Government agency" means any department or division in the executive, judiciary, or legislative branch of the state government.

"Misuse" means any use of a computer other than that specifically allowed by the particular agency for which the computer is used."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________