SB3037 SD1

SECTION 1. The legislature finds that, from time to time, legislators and other state employees accept protocol gifts on behalf of the State or either house of the legislature from foreign officials, federal officers, or state officials from other states. These gifts may symbolize goodwill or strengthen international or national friendships. 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 a gift 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 legislators and state employees on behalf of the State or either house of the legislature from visiting dignitaries is not established under state law. Furthermore, because these gifts are not accepted on the legislator's or state employee's own behalf, these gifts are not required to be reported in the gifts disclosure statement. Many legislators and state employees keep an inventory of protocol gifts they receive in accordance with rules adopted by the state senate or the state house of representatives. 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 members of either house of the legislature or other 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; legislators. (a) Upon receipt of a protocol gift from any foreign official, federal officer, or an official from other states by a state employee or member of either house of the legislature, the recipient shall keep a written record of 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;

(4) The location where the protocol gift is displayed or stored, if applicable; and

(5) If no longer in the custody of the recipient:

(A) The reason for ending custody and result of the disposition, if any, of the protocol gift; or

(B) The location where the protocol gift is stored or displayed if custody of the protocol gift was transferred.

Each recipient shall be responsible for maintaining a written record of any protocol gift received and shall forward a copy of written record to the state archives by the end of each fiscal year. The written record shall be readily available for inspection upon request.

(b) Each recipient shall exercise reasonable care in the

maintenance of any protocol gift in the recipient's possession that is listed on the written record. 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 in office or employed by the State.

employment, the protocol gifts on the written record may:

(1) Remain with the office of receipt, and the succeeding office holder shall be responsible for exercising reasonable care in the maintenance of the protocol gifts;

(2) Be transferred to the state archives; or

(3) Be transferred to the state foundation on culture and the arts.

The incumbent office holder shall transfer the written record to the succeeding office holder, who shall be responsible for maintaining the written record thereafter."

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 state employee from an individual donor, government agency, entity, or organization as a gesture of goodwill and friendship between the institution of the gifter and the State."

SECTION 4. 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~~] 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) 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 upon its approval.

THE SENATE	S.B. NO.	3037
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII