Bill Text: HI HB1163 | 2021 | Regular Session | Introduced
Bill Title: Relating To Ethics.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-02-01 - Referred to GVR, JHA, FIN, referral sheet 3 [HB1163 Detail]
Download: Hawaii-2021-HB1163-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1163 |
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THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to ethics.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that Hawaii's renowned beauty extends not only to the land and ocean but also to its residents and their spirit of aloha. Many native Hawaiian traditional and customary practices, including the aloha spirit, are incorporated into Hawaii's contemporary lifestyle and government. The importance of this customary practice is in the very foundation of governance. The Hawaii State Constitution's opening words require the government "to nurture the integrity of our people and culture, and to preserve the quality of life that we desire." In addition, the Hawaii State Constitution also places a duty on all civil servants, including legislators, to "exhibit the highest standards of ethical conduct." The legislature and the Hawaii state ethics commission both desire to uphold these constitutional duties. Recent damage to the public's perception of local government has made the legislature's duty to uphold the "highest standard of ethical conduct" even more critical. The legislature and Hawaii state ethics commission are committed to cultivating the public's faith. Accordingly, government customs and practices, including the acceptance of tokens of aloha, will benefit from additional clarity and guidance.
The legislature notes that the Code of Conduct for United States Judges governs the federal judiciary, including the Supreme Court of the United States. The code acknowledges that certain cultural traditions, including acts of social hospitality, are acceptable practices. The code also clarifies that acceptable traditions include "social hospitality based on personal relationships" and "modest items, such as food and refreshments, offered as a matter of social hospitality", and specifically excludes these customary traditions from the code's definition of "gifts." Applying these same guidelines to the legislature, the legislature believes that the Hawaiian custom of offering tokens of aloha is acceptable. However, the legislature also believes that further limiting the acceptable value of these gifts will increase transparency while still conforming to the customary traditions of Hawaii.
Accordingly, the purpose of this Act is to:
(1) Prohibit legislators from soliciting, accepting, or receiving, directly or indirectly, any individual gift in the form of hospitality exceeding a value of twenty-five dollars; and
(2) Reduce the aggregate value of a gift that must
be reported by a legislator or government employee, or spouse or dependent
child of a legislator or government employee.
SECTION 2. Section 84-11, Hawaii Revised Statutes, is amended to read as follows:
"§84-11
Gifts. 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 no legislator shall
solicit, accept, or receive, directly or indirectly, any individual gift in the
form of hospitality having a value exceeding twenty-five dollars."
SECTION 3. 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 no later than 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,] $100, 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 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."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Ethics; Standards of Conduct; Legislators; Public Employees; Gifts
Description:
Prohibits legislators from soliciting, accepting, or receiving, directly or indirectly, any individual gift in the form of hospitality exceeding a value of twenty-five dollars. Reduces the aggregate value of a gift that must be reported by a legislator or government employee, or spouse or dependent child of a legislator or government employee.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
