Note

Part heading amended by L 1979, c 91, §5.

Attorney General Opinions

As long as the mandatory topics listed in the third paragraph of article XIV of the Hawaii State Constitution are addressed, the legislature exercises discretion over what specific conduct is prohibited, permitted, or otherwise regulated under the state ethics code. Assuming no other state or federal constitutional provision is brought into play, the legislature may exempt certain conduct from the state ethics code or otherwise subject it to related regulation, such as disclosure requirements. Att. Gen. Op. 15-2.

The state ethics code must apply to all state employees; individual employees may not be exempted from the state ethics code. Att. Gen. Op. 15-2.

§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. [L 1972, c 163, pt of §1; gen ch 1985]

Attorney General Opinions

Section does not apply to receipt by department of agriculture of gifts from private sector to assist in preventing entry of brown tree snakes into Hawaii, since the gifts are to be used by department to conduct official department functions. Att. Gen. Op. 92-04.