Report Title:

Public Officials; Bribery Offers; Disclosure

Description:

Requires public officials and employees to disclose any offer of a bribe.  Requires any person from whom a bribe is solicited by a public official or employee to disclose the solicitation.  Establishes penalties.

THE SENATE	S.B. NO.	222
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to bribery.

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

     SECTION 1.  This Act shall be known and may be cited as "The Bribe Offer Disclosure Act of 2007".

     SECTION 2.  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-   Offer or solicitation of bribe; disclosure. (1)  Any public official or employee who receives directly or indirectly any offer of anything of value in consideration for any vote, decision, or other official action by the public official or employee shall promptly disclose the offer to an appropriate law enforcement official.  Any public official who fails to disclose an offer as required by this section shall be guilty of a class B felony.

(2)  Any person who, on behalf of the person or any other person or entity, is then doing business with or seeking to do business with, or in the preceding year has done business with or has sought to do business with, a public agency and who receives directly or indirectly any solicitation of anything of value in consideration for any vote, decision, or other official action by a public official or employee shall promptly disclose the solicitation to an appropriate law enforcement agency.  Any person who fails to disclose an offer or solicitation as required by this section shall be guilty of a class C felony.

(3)  Any public official or employee who receives a disclosure made pursuant to this section shall make a full written record of the disclosure in the official files of the public officer's or employee's agency.

(4)  For purposes of this section:

"Appropriate law enforcement agency" means the police chief and the county prosecutor of the county in which the offer was made or received, the attorney general, or a federal law enforcement agency with jurisdiction over matters involving bribery.

"Disclose" means to fully and completely disclose all relevant information known to the person making the disclosure."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

INTRODUCED BY:

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