Bill Text: HI HB2069 | 2022 | Regular Session | Amended
Bill Title: Relating To Gifts.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2022-04-04 - Recommitted to JDC. [HB2069 Detail]
Download: Hawaii-2022-HB2069-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2069 |
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THIRTY-FIRST LEGISLATURE, 2022 |
H.D. 2 |
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STATE OF HAWAII |
S.D. 1 |
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A BILL FOR AN ACT
RELATING TO GIFTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that, from time to time, elected officials and other state employees accept protocol gifts on behalf of the State or either house of the legislature from an individual donor, a government agency, an entity, or an organization, including a foreign official, federal officer, state official from another state, or other representative of a government agency, an entity, or an organization. These gifts are intended to symbolize goodwill or strengthen international or national friendships, and failure to accept such a gift may cause embarrassment to the donor and the recipient. These gifts may be small tokens, such as a fountain pen or an item that a state is famous for, or may be larger gifts, such as a painting, musical instrument, or commemorative plate.
The legislature further finds that, unlike the federal government, where several federal offices and agencies abide by a system for the receipt, valuation, and disposition of gifts to the President of the United States, the treatment of protocol gifts accepted by Hawai‘i's elected officials and state employees on behalf of the State or either house of the legislature from an individual donor, a government agency, an entity, or an organization, including a foreign official, federal officer, state official from another state, or other representative of a government agency, an entity, or an organization, is not established under state law. Furthermore, because these gifts are not accepted on the elected official's or state employee's own behalf, these gifts may not be required to be reported under the gifts disclosure law of the state ethics code. Many elected officials and state employees keep an inventory of protocol gifts they receive in accordance with rules adopted by their respective agencies. However, without a uniform set of procedures regarding the custody, inventory, and maintenance of these protocol gifts, gifts may be inadvertently lost, misplaced, or not reasonably maintained.
The purpose of this Act is to establish procedures for the custody, inventory, and care of protocol gifts received by elected officials and state employees.
SECTION 2. Chapter 84, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§84- Protocol gifts; written record; employees;
legislators. (a) A legislator or employee shall report to the state
archives any protocol gift received by the legislator or employee immediately upon
receipt. The report shall be in the form
of a written record that includes the following:
(1) A description
of the protocol gift;
(2) The date on
which the protocol gift was received;
(3) The identity of
the individual donor, government agency, entity, or organization that gave the
gift or on whose behalf the protocol gift was given; and
(4) The location of
the protocol gift, or if the gift was transferred to the state archives, the date
of the transfer.
(b) The recipient of a protocol gift shall transfer
to the state archives any protocol gift within a reasonable time, as determined
by the state archives; provided that the transfer is not later than the end of the
recipient's time of office or employment.
(c) Each recipient of a protocol gift shall be
responsible for maintaining the written record for any protocol gift received. The original written record shall be given to
the state archives at the end of the recipient's term of office or employment. The written record shall be readily available
for public inspection upon request.
(d) Each recipient of a protocol gift shall exercise
reasonable care in the maintenance of any protocol gift while in the
recipient's possession. All protocol gifts
listed on the written record shall be the property of the State regardless of
whether the recipient who received the protocol gift is currently in office or
employed by the State."
SECTION 3. Section 84-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:
""Protocol gift" means a tangible and nonperishable present tendered to or received by a legislator or employee on behalf of the State or either house of the legislature from an individual donor, a government agency, an entity, or an organization, including a foreign official, federal officer, state official from another state, or other representative of a government agency, an entity, or an organization, as a gesture of goodwill and friendship between the institution of the gifter and the State or a house of the legislature."
SECTION 4. Section 84-11.5, Hawaii Revised Statutes, is amended by amending subsection (d) to read as follows:
"(d) [Excluded] The following are 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] Non-protocol
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) Protocol gifts;
and
[(7)] (8) Exchanges of approximately equal value
on holidays, [birthday,] birthdays, or special occasions."
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect on July 1, 2112.
Report Title:
Protocol Gifts; Written Record; Transfer of Gifts
Description:
Establishes procedures for the custody, inventory, and care of protocol gifts received by members of either house of the legislature or state employees. Effective 7/1/2112. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
