STAND. COM. REP. 560

Honolulu, Hawaii

, 2003

RE: H.B. No. 1125

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Labor and Public Employment, to which was referred H.B. No. 1125 entitled:

"A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION,"

begs leave to report as follows:

The purpose of this bill is to create two new offenses related to the illegal compensation of public officials and employees: bribery in the second degree and unlawful gift to public servants by persons subject to their jurisdiction.

Your Committee finds that over the past several years, there have been several instances of public officials engaging in financial misconduct. This has resulted in the loss of public confidence not only in public institutions in general, but in those who work in them as well.

This bill recognizes the importance of clear and strong laws against public corruption, particularly the buying of influence and power. According to the Attorney General, by strengthening the bribery laws as they relate to public officials, it will be easier to prosecute cases of improperly influencing these officials.

However, your Committee has concerns about making the distinction between things of value one receives that are incidental to the performance of official duties as opposed to things of value that are unnecessary to be given or received. Although your Committee agrees with the intent of this measure, more thought must be put into this bill before felony offenses for the receipt of gifts during a government official's "official" capacity are created. Nevertheless, this measure deserves further discussion.

Accordingly, your Committee has amended this measure by changing the effective date to July 1, 2050, for purposes of furthering discussion.

As affirmed by the record of votes of the members of your Committee on Labor and Public Employment that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1125, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as H.B. No. 1125, H.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Labor and Public Employment,

 

____________________________

MARCUS R. OSHIRO, Chair