THE SENATE

S.B. NO.

671

TWENTY-SIXTH LEGISLATURE, 2011

S.D. 2

STATE OF HAWAII

H.D. 1

 

PROPOSED

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ETHICS.

 

 

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

 


SECTION 1. Section 84-11, Hawaii Revised Statutes, is amended to read as follows:

"84-11 Gifts. (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.

(b) The following shall not be construed to be in violation of subsection (a):

(1) Acceptance of an invitation or admittance ticket for a charitable event from a charitable entity, regardless of whether the charitable entity is the sponsor or host of the charitable event; and

(2) Acceptance of an invitation hosted or sponsored by any official governmental entity, whether local, within the State, outside the State, or outside the country;

provided that any invitation or admittance ticket accepted under this subsection shall be reported under section 84-11.5, regardless of its value.

(c) For purposes of this section:

"Charitable entity" means an entity that has received recognition of tax exempt status under section 501(c) of the Internal Revenue Code or recognition as a nonprofit corporation under chapter 414D.

"Charitable event" means a fundraiser sponsored by a charitable entity that is held specifically for the purpose of raising money for a specific beneficial purpose."

SECTION 2. Section 84-11.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Every legislator and employee shall file a gifts disclosure statement with the state ethics commission on June 30 of each year if all the following conditions are met:

(1) The legislator or employee, or spouse or dependent child of a legislator or employee, received directly or indirectly from one source any gift or gifts valued singly or in the aggregate in excess of $200, whether the gift is in the form of money, service, goods, or in any other form;

(2) The source of the gift or gifts [have] has interests that may be affected by official action or lack of action by the legislator or employee; and

(3) The gift is not exempted by subsection (d) from reporting requirements under this subsection.

Notwithstanding paragraphs (1) through (3), a legislator or employee shall report any gift accepted under section 84-11(b)."

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.



 

Report Title:

Gifts from Charitable Entities; Legislators and Employees

 

Description:

Allows legislators and employees to accept certain invitations or tickets from a charitable entity, regardless of whether the charitable entity is the host or sponsor of the event. Requires these invitations and tickets to be reported to the Ethics Commission, regardless of their value. Effective upon its approval. (PROPOSED SB671 HD1)

 

 

 

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