Hawaii 2022 Regular Session

Hawaii House Bill HB1871 Compare Versions

Only one version of the bill is available at this time.

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1	1	HOUSE OF REPRESENTATIVES H.B. NO. 1871 THIRTY-FIRST LEGISLATURE, 2022 STATE OF HAWAII A BILL FOR AN ACT Relating to Gifts. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	HOUSE OF REPRESENTATIVES H.B. NO. 1871
4	4	THIRTY-FIRST LEGISLATURE, 2022
5	5	STATE OF HAWAII
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7	7	HOUSE OF REPRESENTATIVES
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9	9	H.B. NO.
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13	13	THIRTY-FIRST LEGISLATURE, 2022
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	Relating to Gifts.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. Section 84-11, Hawaii Revised Statutes, is amended to read as follows: "§84-11 Gifts[.]; exceptions. (a) No legislator or employee shall solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the legislator or employee in the performance of the legislator's or employee's official duties or is intended as a reward for any official action on the legislator's or employee's part[.]; provided that the unsolicited acceptance or receipt of the following gifts shall not be prohibited pursuant to this section: (1) Foreign protocol gifts; (2) Gifts of aloha; (3) Invitations extended to a legislator to attend an event held to benefit an organization whose mission and purpose is to promote a charitable cause or the common good and general welfare of the community, at which the legislator's attendance is expected or deemed appropriate in relation to the performance of traditional duties of a legislator; provided further that the legislator or the legislator's designated representative attending the event shall not accept or receive any gifts, including prizes, at or in relation to the event, other than the meal provided at the event; and (4) Meals with a fair market value of no more than $ . (b) As used in this section: "Foreign protocol gifts" means tangible items offered by a foreign government or an agent of a foreign government to a legislator who represents the State or the legislature for protocol purposes and accepted by the legislator on behalf of the State or the legislature for the purpose of promoting international good will between the State of Hawaii and the foreign government; provided that durable items that have a fair market value exceeding $ shall belong to the State and not the individual recipient." "Gifts of aloha" means tangible items offered as a token of aloha or appreciation that are: (1) Of a perishable nature, including manapua, malasada, plate lunches, bento, and other raw or prepared food, lei made of flowers or seeds, and other flower arrangements, with a fair market value of $ or less, singularly or in the aggregate; and (2) Of a durable nature, offered to a legislator or employee to honor the legislator or employee, including plaques; framed certificates, drawings, and photographs; and other ceremonial items that do not have resale value." SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable. 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: _____________________________
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49	49	SECTION 1. Section 84-11, Hawaii Revised Statutes, is amended to read as follows:
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51	51	"§84-11 Gifts[.]; exceptions. (a) No legislator or employee shall solicit, accept, or receive, directly or indirectly, any gift, whether in the form of money, service, loan, travel, entertainment, hospitality, thing, or promise, or in any other form, under circumstances in which it can reasonably be inferred that the gift is intended to influence the legislator or employee in the performance of the legislator's or employee's official duties or is intended as a reward for any official action on the legislator's or employee's part[.]; provided that the unsolicited acceptance or receipt of the following gifts shall not be prohibited pursuant to this section:
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53	53	(1) Foreign protocol gifts;
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55	55	(2) Gifts of aloha;
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57	57	(3) Invitations extended to a legislator to attend an event held to benefit an organization whose mission and purpose is to promote a charitable cause or the common good and general welfare of the community, at which the legislator's attendance is expected or deemed appropriate in relation to the performance of traditional duties of a legislator; provided further that the legislator or the legislator's designated representative attending the event shall not accept or receive any gifts, including prizes, at or in relation to the event, other than the meal provided at the event; and
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59	59	(4) Meals with a fair market value of no more than $ .
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61	61	(b) As used in this section:
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63	63	"Foreign protocol gifts" means tangible items offered by a foreign government or an agent of a foreign government to a legislator who represents the State or the legislature for protocol purposes and accepted by the legislator on behalf of the State or the legislature for the purpose of promoting international good will between the State of Hawaii and the foreign government; provided that durable items that have a fair market value exceeding $ shall belong to the State and not the individual recipient."
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65	65	"Gifts of aloha" means tangible items offered as a token of aloha or appreciation that are:
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67	67	(1) Of a perishable nature, including manapua, malasada, plate lunches, bento, and other raw or prepared food, lei made of flowers or seeds, and other flower arrangements, with a fair market value of $ or less, singularly or in the aggregate; and
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69	69	(2) Of a durable nature, offered to a legislator or employee to honor the legislator or employee, including plaques; framed certificates, drawings, and photographs; and other ceremonial items that do not have resale value."
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71	71	SECTION 2. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
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73	73	SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
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75	75	SECTION 4. This Act shall take effect upon its approval.
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79	79	INTRODUCED BY: _____________________________
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81	81	INTRODUCED BY:
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97	97	Report Title: Gifts; Standards of Conduct; Code of Ethics; Exceptions; Foreign Protocol Gifts; Gifts of Aloha; Invitation to Events Description: Excludes from the State Code of Ethics' prohibition against acceptance of gifts by legislators and employees, foreign protocol gifts, gifts of aloha, invitations to certain events, and meals, under certain conditions. Defines foreign protocol gifts and gifts of aloha. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
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103	103	Report Title:
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105	105	Gifts; Standards of Conduct; Code of Ethics; Exceptions; Foreign Protocol Gifts; Gifts of Aloha; Invitation to Events
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109	109	Description:
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111	111	Excludes from the State Code of Ethics' prohibition against acceptance of gifts by legislators and employees, foreign protocol gifts, gifts of aloha, invitations to certain events, and meals, under certain conditions. Defines foreign protocol gifts and gifts of aloha.
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119	119	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.