THE SENATE

S.R. NO.

23

THIRTY-THIRD LEGISLATURE, 2026

S.D. 1

STATE OF HAWAII

 

 

 

 

 

SENATE RESOLUTION

 

 

Urging the Hawaiʻi state ethics commission to recognize and affirm the exemption of CULTURALLY significant and customary gifts from gift restrictions and reporting requirements under chapter 84, hawaii revised statutes.

 

 


     WHEREAS, chapter 84, Hawaii Revised Statutes, was enacted to preserve public trust, ensure transparency in government operations, and prevent improper influence on public officers and employees; and

 

     WHEREAS, the giving and receiving of culturally significant items, including lei, traditional foods, paʻakai (Hawaiian salt), and other customary materials, are longstanding expressions of aloha, respect, gratitude, and protocol deeply rooted in Native Hawaiian and other cultural practices of the State; and

 

     WHEREAS, these practices enrich civic life, strengthen community relationships, and facilitate meaningful cultural exchange reflective of the diversity and heritage of the State; and

 

     WHEREAS, requiring public officers and employees to assign monetary value to such culturally significant gifts, or treat them as commercial gifts subject to reporting requirements, has created confusion, administration burden, and an unintended deterrent to cultural participation; and

 

     WHEREAS, such requirements may inhibit the free exercise of cultural expression in public and civic settings, contrary to the values and traditions of the people of the State; and

 

     WHEREAS, culturally significant and customary gifts are not given with the intent to influence official action, but rather serve as expressions of respect, protocol, and community connection; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2026, that the Hawaiʻi State Ethics Commission is urged to formally recognize that the receipt or exchange of culturally significant and customary gifts shall not constitute a prohibited or reportable gift under chapter 84, Hawaii Revised Statutes, when not given with the intent to influence official action; and

 

     BE IT FURTHER RESOLVED that culturally significant and customary gifts include but are not limited to:

 

     (1)  Lei or garlands made of flowers, leaves, shells, seeds, or similar materials;

 

     (2)  Traditional or customary foods prepared or shared in accordance with cultural practice;

 

     (3)  Paʻakai (Hawaiian salt) and other traditional cultural materials exchanged as expressions of respect, protocol, or aloha; and

 

     (4)  Other items of similar cultural nature that are not given with the intent to influence official action; and

 

     BE IT FURTHER RESOLVED that this body affirms that such cultural practices are vital expressions of community, respect, and identity, and should not be treated as improper influence under ethics laws; and

 

     BE IT FURTHER RESOLVED that this body encourages the Hawaiʻi State Ethics Commission to issue clear advisory guidelines to public officers and employees to ensure consistent and culturally appropriate application of ethics laws; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Executive Director of the Hawaiʻi State Ethics Commission and members of the Hawaiʻi State Ethics Commission.

 

 

 

Report Title: 

Hawaiʻi State Ethics Commission; Cultural Practices; Gift Restrictions; Reporting Requirements