REPORT TITLE: 
Disclosure; bribe offers and
solicitations
DESCRIPTION:
Establishes the "Bribe Offer Disclosure Act," which requires any
public official who receives, directly or indirectly, any corrupt
bribe offer or solicitation in exchange for any vote, decision,
or other official action or any person who receives a bribe offer
or solicitation from a public official to disclose the offer to
the appropriate law enforcement agencies.  Makes a failure to
disclose a felony.

 
HB HMIA 2000-39
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1824 
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                     A BILL FOR AN ACT

RELATING TO PUBLIC DISCLOSURE OF BRIBERY OFFERS OR SOLICITATIONS.



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


 1      SECTION 1.  Honesty on the part of public officials is at
 
 2 the core of good government.  Public disclosure is the core of
 
 3 honesty in government.  This Act, to be known as the "Bribe Offer
 
 4 Disclosure Act, would facilitate public disclosure in government.
 
 5      Bribe offers and solicitations to public officials are more
 
 6 commonplace than the public is aware.  The disincentives for even
 
 7 an honest official, or an honest citizen solicited for a bribe,
 
 8 to report bribe attempts or solicitations are great.
 
 9      The public official may incur the wrath of other officials
 
10 who want such things kept hidden.  Public disclosure of a bribe
 
11 offer may result in direct and indirect retaliation by corrupt
 
12 colleagues who benefit from an atmosphere that tolerates bribe
 
13 offers and insider discussion of them.  
 
14      The purpose of this Act is to balance the scales in favor of
 
15 disclosure by making it a crime for a public official who
 
16 receives a bribe offer, or a person solicited for a bribe by an
 
17 official, to fail to report it promptly to a law enforcement
 
18 agency.
 
19      SECTION 2.  The Hawaii Revised Statutes are amended by
 

 
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 1 adding a new chapter to be appropriately designated and to read
 
 2 as follows:
 
 3                             "Chapter
 
 4                    Bribe Offer Disclosure Act
 
 5      §    -1  Title.  This Act shall be titled: "The Bribe Offer
 
 6 Disclosure Act."
 
 7      §    -2  Definitions.  As used in this chapter, unless the
 
 8 context requires otherwise:
 
 9      "Disclosure" means full and complete disclosure of all
 
10 relevant information known to the person making the disclosure.
 
11      "Promptly" means within 48 hours.
 
12      §    -3  Disclosure of bribe offers by public officials;
 
13 penalties.  (a)  Any public official who receives directly or
 
14 indirectly any corrupt offer of anything of value in
 
15 consideration for any vote, decision or other official action by
 
16 the public official shall promptly disclose the offer to the
 
17 police chief and the county prosecutor of the county in which the
 
18 offer was made or received, or shall promptly disclose the offer
 
19 to the Attorney General of the State, or their respective
 
20 representative specifically designated for that purpose, or shall
 
21 promptly disclose the offer to the federal law enforcement agency
 
22 with jurisdiction over such matters.  Any public official who
 
23 fails to disclose an offer as required by this chapter shall be
 

 
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 1 guilty of a class B felony.
 
 2      (b)  Any person who, on behalf of themselves or any other
 
 3 person or entity, has solicited in the preceding year or is
 
 4 seeking either a contract with any public agency or vote of a
 
 5 public official and who receives, directly or indirectly, any
 
 6 corrupt solicitation of anything of value in consideration for
 
 7 any vote, decision or other official action by the public
 
 8 official shall promptly disclose the solicitation to the police
 
 9 chief and the county prosecutor of the county in which the
 
10 solicitation was made or received, or shall promptly disclose the
 
11 solicitation to the Attorney General of the State, or their
 
12 respective representative specifically designated for that
 
13 purpose, or shall promptly disclose the solicitation to the
 
14 federal law enforcement agency with jurisdiction over such
 
15 matters.  Any person who fails to disclose a solicitation as
 
16 required by this chapter shall be guilty of a class C felony.
 
17      (c)  Any official of the State who receives such a
 
18 disclosure shall make a full written record of the disclosure.
 
19      (d)  An offer of a bribe by any person as part of an
 
20 undercover investigation by a law enforcement agency shall not be
 
21 subject to the provisions of this Act unless the chief of police
 
22 or other head of the law enforcement agency specifically
 
23 authorizes the offer in writing as part of an official
 

 
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 1 investigation approved by the chief of police or head of such
 
 2 agency."
 
 3      SECTION 3.  This Act shall take effect upon its approval.
 
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