THE SENATE

S.B. NO.

631

TWENTY-NINTH LEGISLATURE, 2017

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO ETHICS.

 

 

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

 


     SECTION 1.  Section 84-11.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:

     "(d)  Excluded from the reporting requirements of this section are the following:

     (1)  Gifts received by will or intestate succession;

     (2)  Gifts received by way of distribution of any inter vivos or testamentary trust established by a spouse or ancestor;

     (3)  Gifts from a spouse, fiance, fiancee, or any relative within four degrees of consanguinity, or the spouse, fiance, or fiancee of such a relative.  A gift from any such person is a reportable gift if the person is acting as an agent or intermediary for any person not covered by this paragraph;

     (4)  Political campaign contributions that comply with state law;

     (5)  Anything available to or distributed to the public generally without regard to the official status of the recipient;

     (6)  Gifts that, within thirty days after receipt, are returned to the giver or delivered to a public body or to a bona fide educational or charitable organization without the donation being claimed as a charitable contribution for tax purposes; [and]

     (7)  Exchanges of approximately equal value on holidays, [birthday,] birthdays, or special occasions[.]; and

     (8)  Tangible and nonperishable gifts received by an elected or appointed official on behalf of the State; provided that the gift shall be listed in a public record as the property of the State.  Upon the end of the official's term of office, the gift may remain with the official's state agency, or the state agency may transfer the gift to the state archives or state foundation on culture and the arts, as appropriate."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on January 7, 2059.

 


 


 

Report Title:

Ethics; Gift Reporting; Elected Officials

 

Description:

Exempts tangible and nonperishable gifts received by an elected or appointed official on behalf of the State from gift reporting requirements under the ethics code.  Requires the gift to be publicly recorded as property of the State and allows the gift to remain with the official's state agency or be transferred to the state archives or state foundation on culture and the arts at the end of the official's term.  Takes effect on 1/7/2059.  (SD1)

 

 

 

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