REPORT TITLE:
Bribe Offer Disclosure


DESCRIPTION:
Requires reporting of bribe offers by public officials or by
persons seeking a contract with a public agency or the vote of a
public official.  Imposes penalties.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                            230         
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO BRIBES.



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

 1      SECTION 1.  Chapter 710 Hawaii Revised Statutes, is amended
 
 2 by adding a new section to part IV be appropriately designated
 
 3 and to read as follows:
 
 4      "§710-     Failure to disclose bribe offer.  (1)  As used in
 
 5 this section:
 
 6      "Disclosure" means full, complete, and immediate disclosure
 
 7 of all relevant information known to the person making the
 
 8 disclosure.
 
 9      "Offer of a bribe" means any solicitation or corrupt offer
 
10 of anything of value in consideration for any vote, decision,
 
11 contract award, or other official action by a public official.
 
12      "Public official" means any officer or official, whether
 
13 employed or elected, of the State or any county or
 
14 instrumentality thereof.
 
15      (2)  Any public official who receives, directly or
 
16 indirectly, an offer of a bribe shall make immediate disclosure
 
17 of the offer to the police chief and the county prosecutor of the
 
18 county in which the offer was made or received, or to the
 
19 attorney general, or to the federal law enforcement agency with
 
20 jurisdiction over such matters.  Any public official who fails to
 

 
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                                     H.B. NO.           
                                                        
                                                        


 1 make disclosure of an offer of a bribe as required by this
 
 2 subsection shall be guilty of a class B felony.
 
 3      (3)  Any person who, on the person's own behalf or on behalf
 
 4 of any other person or entity, is seeking or has solicited within
 
 5 the preceding year either a contract with any public agency or
 
 6 the vote of a public official and who receives, directly or
 
 7 indirectly, any offer of a bribe shall make immediate disclosure
 
 8 of the offer to the police chief and the county prosecutor of the
 
 9 county in which the offer was made or received, or to the state
 
10 attorney general, or to the federal law enforcement agency with
 
11 jurisdiction over such matters.  Any person who fails to make
 
12 disclosure of an offer of a bribe as required by this subsection
 
13 shall be guilty of a class C felony.
 
14      (4)  A public official or other person who receives an offer
 
15 of a bribe from any person as part of and in cooperation with an
 
16 undercover investigation by a law enforcement agency shall not be
 
17 subject to this section."
 
18      SECTION 2.  This Act does not affect rights and duties that
 
19 matured, penalties that were incurred, and proceedings that were
 
20 begun, before its effective date.
 
21      SECTION 3.  New statutory material is underscored.
 
22      SECTION 4.  This Act shall take effect upon its approval.
 
23 
 
24                           INTRODUCED BY:_________________________