Hawaii State Giving Campaign; Workplace Giving; Appropriation
Establishes the Hawaii state giving campaign as the only authorized solicitation of employees in the state workplace on behalf of charitable organizations. Appropriates funds to implement the campaign. (HB1435 HD1)
HOUSE OF REPRESENTATIVES
TWENTY-FIFTH LEGISLATURE, 2009
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE HAWAII STATE GIVING CAMPAIGN.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:
HAWAII STATE GIVING CAMPAIGN
§ ‑1 Definitions. As used in this chapter, unless the context otherwise requires:
"Agency" means any executive department, commission, board, bureau, office, or other establishment of the State or any county government, the judiciary, the University of Hawaii system, or any quasi-public institution that is supported in whole or in part by state or county funds.
"Campaign" means the Hawaii state giving campaign.
"Campaign period" means the period of time determined by the coordinating committee during which the Hawaii state giving campaign shall be conducted annually.
"Chairperson" means the chairperson of the coordinating committee.
"Charitable organization" has the same meaning as in section 467B‑1.
"Coordinating committee" means the group of employees designated and employed by the director of human resources development to conduct the Hawaii state giving campaign.
"Department" means the department of human resources development.
"Director" means the director of human resources development.
"Emergencies and disasters" means any hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, tsunami, earthquake, volcanic eruption, landslide, mudslide, snowstorm, drought, fire, explosion, or other catastrophe within the state.
"State workplace" means an office or building owned or leased by the state in which employees of the State work or are assigned to work. State workplace includes any state-owned or state-leased common grounds or parking areas used by state employees assigned to or working in the office or building.
§ ‑2 Exclusions from application of chapter. This chapter shall not apply to any charitable organization that conducts state-wide food distribution campaigns.
§ ‑3 Hawaii state giving campaign; established. There is established the Hawaii state giving campaign, which shall be the only authorized solicitation of employees in the state workplace on behalf of approved charitable organizations. The campaign does not apply to the collection of gifts-in-kind or to the solicitation of state employees outside of the state workplace.
§ ‑4 Coordinating committee; duties. (a) The director shall appoint a chairperson to the coordinating committee and employ staff from the department or additional staff as necessary to coordinate the annual Hawaii state giving campaign.
(b) The coordinating committee shall perform tasks, which shall include but not be limited to the following:
(1) Ensure that the campaign operates according to the laws set forth in this chapter;
(2) Maintain minutes of campaign-related meetings and respond promptly to any request for information from the director;
(3) Determine the eligibility of charitable organizations that apply to participate in the campaign;
(4) Ensure that, to the extent reasonably possible, every state employee is given the opportunity to participate in the campaign;
(5) Ensure that employee contributions are properly collected and distributed in accordance with this chapter;
(6) Ensure that no employee is coerced in any way to participate in the campaign;
(7) In accordance with this chapter, accept and process applications from charitable organizations that wish to participate in the campaign;
(8) Maintain and make publicly available a current list of charitable organizations approved by the director to participate in the campaign;
(9) Set rules and procedures for the review and approval of all campaign-related publications and educational materials; and
(10) With the approval of the director, set penalties for the failure of any approved charitable organization participating in the campaign to adhere to any part of this chapter.
§ ‑5 Campaign; exceptions. (a) Except as provided in subsection (b), the campaign shall be conducted only during the campaign period at every state agency in accordance with this chapter. Except as provided in this section, no other solicitation on behalf of any charitable organization may be conducted in the state workplace.
(b) Upon written request to the chairperson, the chairperson, with the approval of the director, may grant permission for solicitations of state employees outside the campaign period to support victims in cases of emergencies and disasters, or upon a finding of extraordinary circumstances by the director.
§ ‑6 Charitable organizations; eligibility. Only charitable organizations that have registered with the department of the attorney general, pursuant to section 467B‑2.1, and that fulfill all requirements under chapter 467B shall be eligible to participate in the campaign for a particular year. The coordinating committee, with the approval of the director, shall determine rules regarding the length of time within which a charitable organization shall remain eligible upon approval as a participating charitable organization.
§ ‑7 Application to participate. The coordinating committee, with the approval of the director, shall:
(1) Set administrative rules regarding the application procedure for charitable organizations that wish to participate in the campaign;
(2) Make readily available to the public each year a campaign schedule, which shall include the period during which charitable organizations may apply to participate in the campaign and the deadline by which the coordinating committee shall notify charitable organizations approved to participate in the campaign.
§ ‑8 Campaign packets. (a) The coordinating committee shall annually produce and distribute to all state employees a campaign packet, which shall include but not be limited to:
(1) A brief description of the Hawaii state giving campaign, including its purpose;
(2) A current description of the way employees may contribute through payroll deductions;
(3) Information regarding an employee's right to choose to contribute or not to contribute and to give a confidential contribution in a sealed envelope;
(4) A list of all approved and participating charitable organizations; and
(5) A pledge card, which shall include the items listed in subsection (b).
(b) Each campaign packet shall include one pledge card, which shall include but not be limited to the following:
(1) A list of all approved and participating charitable organizations;
(2) The percentage of expenses for administrative and fundraising purposes for each participating charitable organization;
(3) Contact information for each participating charitable organization;
(4) A section to allow an employee to designate the employee's name or mailing address, or both, to be confidential;
(5) A section to allow an employee to designate the employee's name or mailing address , or both, to be forwarded to the charitable organization or charitable organizations designated.
§ ‑9 Release of contributor names. Each participating charitable organization shall be authorized to use contributors' names and addresses only as designated by each contributor on the pledge card. If any participating charitable organization fails to ensure that a contributor's request is upheld, the chairperson of the coordinating committee may propose that the organization be suspended or expelled from the campaign. The director shall consider any response from the organization before issuing a final decision on the matter.
§ ‑10 Applicability of contributions. (a) Any contribution that is not designated by an employee to be contributed to any of the approved and participating charitable organizations shall be distributed to all participating charitable organizations in the same proportion that the charitable organizations receive designations in the campaign.
(b) An employee may not make a designation to an organization not listed on the pledge card. Designations made to organizations not listed in the pledge card are not invalid, but will be treated as undesignated funds and will be distributed according to subsection (a).
§ ‑11 Campaign and publicity materials. (a) Campaign and publicity materials for each charitable organization shall be developed, printed, and supplied by the respective charitable organization. All campaign and publicity materials shall be submitted to the coordinating committee, which shall review and approve all materials prior to distribution to any state employee as a part of the campaign.
(b) During the campaign period, a participating charitable organization may distribute bona fide educational materials describing its services or programs; provided that the charitable organization first obtains written permission by the coordinating committee to distribute the material. If one participating charitable organization is granted permission to distribute educational materials, then the coordinating committee shall allow any other participating charitable organization to distribute educational materials; provided that the materials are reviewed and approved by the coordinating committee prior to distribution.
(c) Agency heads are authorized to permit the distribution of approved campaign and publicity materials to state employees in connection with the campaign; provided that the manner of distribution accords equal treatment of all approved charitable organizations furnishing materials; provided further that no distribution of materials shall use state personnel on official duty or disrupt or interfere with official duty-related activities.
§ ‑12 Solicitation methods. (a) Employee solicitations shall be conducted during work hours using methods that permit voluntary giving and shall reserve to the individual the option of disclosing any contribution or keeping the contribution confidential.
(b) Special campaign fundraising events, such as raffles, lotteries, auctions, bake sales, carnivals, athletic events, or other activities not specifically provided for in this chapter are permitted during the campaign period only as approved by the appropriate agency head, consistent with state ethics laws and agency ethics rules; provided that the event shall not disrupt or interfere with official duty-related activities; provided further that the agency head notifies the coordinating committee of the nature, date, time, duration, and location of the event seven days prior to the commencement of the event.
§ ‑13 Preventing coercive activity. The following activities are contrary to the non-coercive intent of the Hawaii state giving campaign and are prohibited:
(1) Solicitation of employees by their supervisor or by any individual in their supervisory chain of command;
(2) Inquiries by any employee, including supervisors, about whether an employee chose to participate or not or the amount of the employee's contribution. Supervisors may be given nothing more than summary information about the employees they supervise;
(3) The setting of a one hundred per cent participation goal;
(4) Developing and using lists of non-contributing employees, and using lists for purposes other than the routine collection and forwarding of contributions;
(5) Using the results of the solicitation of an employee or agency as a factor in any performance appraisal of an individual employee or any agency; and
(6) Violating any part of chapter 84.
§ ‑14 Payroll deductions. (a) Payroll deductions shall be authorized by all state agencies for contributions by employees to charitable organizations participating in the Hawaii state giving campaign made in accordance with this chapter.
(b) The pledge card shall be the only form of authorization of any payroll deductions for the campaign. The original copy of each pledge card shall be transmitted to the contributor's payroll office as promptly as possible.
(c) The director shall consult with the comptroller to establish policies and procedures to uniformly effectuate this section."
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2009-2010 and the same sum or so much thereof as may be necessary for fiscal year 2010-2011 to establish and implement an annual Hawaii state giving campaign.
The sums appropriated shall be expended by the department of human resources development for the purposes of this Act.
SECTION 3. This Act shall take effect on January 1, 2050.