Hawaii Revised Statutes

Haw. Rev. Stat. § 84-11 (2026)

  Gifts

✓ current as of July 2026
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PART II.  CODE OF ETHICS

 

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.

 

 

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2016–2025 · leading case: John Schickel v. Craig Dilger, 925 F.3d 858 (6th Cir. 2019).
John Schickel v. Craig Dilger, 925 F.3d 858 (6th Cir. 2019). “313 (2) ; Haw. Rev. Stat. Ann. § 84-11 ; Minn. Stat.”
Boyd v. Hawaii State Ethics Comm'n., 378 P.3d 934 (Haw. 2016). · cites it 2× “See HRS §§ 84-11 to—18 (1993). An ethics commission, established by Chapter 84, administers the code of ethics and enforces the provisions prescribed in the Chapter so as to promote public confidence in public servants.”
Akana v. Hawai'i State Ethics Comm'n. ICA mem. op., filed 01/22/2024 [ada], 153 Haw. 523. Application for Writ of Certiorari, filed 04/16/2024. S.Ct. Order Accepting Application for Writ of Certiorari, filed 06/10/2024 [ada]. (Haw. 2025). · cites it 36× “Three provisions of the Ethics Code are relevant to this opinion: (1) the fair treatment law, HRS § 84-13 (2012), (2) the gifts law, HRS § 84-11 (2012), and (3) the gifts reporting law, HRS § 84-11.”
Akana v. Hawai'i State Ethics Comm'n, 542 P.3d 291 (Haw. App. 2024). · cites it 9× “HRS § 84-11 (2012). The Commission found, and Akana does not challenge, that: In 2013, Akana sued the other OHA trustees over OHA's practices and procedures for giving trustees and beneficiaries access to minutes and other records of executive session meetings.”
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