SENATE BILL REPORT

SB 5040

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

As of January 16, 2011

Title: An act relating to the personal use of state-provided electronic devices.

Brief Description: Regarding the personal use of state-provided electronic devices.

Sponsors: Senator Swecker.

Brief History:

Committee Activity: Government Operations, Tribal Relations & Elections: 1/13/11.

SENATE COMMITTEE ON GOVERNMENT OPERATIONS, TRIBAL RELATIONS & ELECTIONS

Staff: Sharon Swanson (786-7447)

Background: No state officer or state employee may employ or use any person, money, or property under the officer's or employee's official control or direction, or in his or her official custody, for the private benefit or gain of the officer, employee or another.

There are three ethics boards that oversee the administration of Washington laws on ethics: Commission on Judicial Conduct, Legislative Ethics Board, and the Executive Ethics Board.

Summary of Bill: The use of state-provided electronic devices for personal use, so long as the personal use does not diminish the product's value or interfere with any state employee's performance of public duties, is not prohibited.

Appropriation: None.

Fiscal Note: Not requested.

Committee/Commission/Task Force Created: No.

Effective Date: Ninety days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony: OTHER: This bill would remove all parameters that currently exist with our ethics laws. The bill does not address de minimis use or define what would cause a reduction in the value of a state issued electronic device. Under this bill, the question remains whether or not a person can run their business from a state issued laptop. Is the intent to allow state employees to use state provided electronic devices at will?

Persons Testifying: OTHER: Melanie de Leon, Executive Ethics Board.