Report Title:

Reports on bribes.

Description:

Improves government by instituting bribery-reporting requirements.

THE SENATE

S.B. NO.

1628

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to government reform.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to part IV to be appropriately designated and to read as follows:

"§710- Failure to disclose bribe offer. (1) As used in this section:

"Disclosure" means full, complete, and immediate disclosure of all relevant information known to the person making the disclosure.

"Offer of a bribe" means any solicitation or corrupt offer of anything of value in consideration for any vote, decision, contract award, or other official action by a public official.

"Public official" means any officer or official, whether employed or elected, of the state or any county or instrumentality thereof.

(2) Any public official who receives, directly or indirectly, an offer of a bribe shall make immediate disclosure of the offer to:

(a) The police chief and the county prosecutor of the county in which the offer was made or received;

(b) The attorney general; or

(c) The federal law enforcement agency with jurisdiction over such matters.

Any public official who fails to make disclosure of an offer of a bribe as required by this subsection shall be guilty of a class B felony.

(3) Any person who, on the person's own behalf or on behalf of any other person or entity, is seeking or has solicited within the preceding year either a contract with any public agency or the vote of a public official and who receives, directly or indirectly, any offer of a bribe shall make immediate disclosure of the offer to:

(a) The police chief and the county prosecutor of the county in which the offer was made or received;

(b) The state attorney general; or

(c) The federal law enforcement agency with jurisdiction over such matters.

Any person who fails to make disclosure of an offer of a bribe as required by this subsection shall be guilty of a class C felony.

(4) A public official or other person who receives an offer of a bribe from any person as part of and in cooperation with an undercover investigation by a law enforcement agency shall not be subject to this section."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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