HOUSE OF REPRESENTATIVES

H.B. NO.

2457

TWENTY-SIXTH LEGISLATURE, 2012

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LIMITED EXEMPTION UNDER STATE ETHICS CODE REGARDING CHARITABLE EVENTS.

 

 

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. [No] (a) Except as provided in subsection (b), 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) A legislator or employee may accept an invitation or complimentary ticket for a widely attended charitable event from a charitable entity, whether or not the charitable entity is the host of the charitable event, as a courtesy to a legislator or employee to attend such widely attended charitable event; provided that any such invitation or ticket accepted under this subsection shall be reported to the state ethics commission, in the same form, at the same time, and for the same time periods specified in section 84-11.5, regardless of its value; and provided further that the value reported shall be the actual value determined by the charitable entity based on its costs for the event, rather than the nominal or face value shown on the invitation or ticket.

(c) For purposes of this section:

"Charitable entity" means an entity that has received recognition of tax exempt status under section 501(c)(3) of the Internal Revenue Code.

"Charitable event" means a fundraiser or informational function sponsored by a charitable entity that is widely attended and is held specifically for the purpose of raising money for a specific beneficial purpose or providing information about the charitable entity, but "charitable event" does not include golf tournaments."

SECTION 3. Section 84-13, Hawaii Revised Statutes, is amended to read as follows:

"84-13 Fair treatment. [No] Except as permitted in section 84-11, 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 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.

(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.

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."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2012.

 

INTRODUCED BY:

_____________________________

 

BY REQUEST

 

 


 


 

Report Title:

Ethics; Charitable Events; Legislators; State Employees

 

Description:

Exempts from restrictions on gifts under the ethics code invitations or complimentary tickets to a widely attended charitable event from a charitable entity, whether or not the charitable entity is the host of the charitable event. Requires disclosure. Effective July 1, 2012.

 

 

 

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