SB1240

SECTION 1. The legislature finds that elected officials and department heads serve in positions of public trust that require high ethical standards. Deterrence of bribery and corruption should be a priority.

The legislature further finds that current state statutes relating to bribery cap the fines for bribery at $25,000, while the federal cap is $250,000.

Accordingly, the purpose of this Act is to:

(1) Establish the offense of bribery of an elected official or department head as a class B felony with a maximum penalty of up to $250,000;

(2) Require the commission on salaries to consider certain factors to retain qualified individuals and deter corruption and bribery; and

(3) Amend the effective dates of recommended salary increases.

SECTION 2. Chapter 710, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§710- Bribery of an elected official or department head. (1) A person commits the offense of bribery of an elected official or department head if:

(a) The person confers, or offers or agrees to confer, directly or indirectly, any pecuniary benefit upon an elected official or department head with the intent to influence the elected official or department head's vote, opinion, judgment, exercise of discretion, or other action in the elected official or department head's official capacity; or

(b) While an elected official or department head, the person solicits, accepts, or agrees to accept, directly or indirectly, any pecuniary benefit with the intent that the person's vote, opinion, judgment, exercise of discretion, or other action as the elected official or department head will thereby be influenced.

(2) It is a defense to a prosecution under subsection (1) that the accused conferred or agreed to confer the pecuniary benefit as a result of extortion or coercion.

(3) Bribery of an elected official or department head is a class B felony, with a maximum penalty of up to $250,000. A person convicted of violating this section, notwithstanding any law to the contrary, shall not be eligible for a deferred acceptance of guilty plea or nolo contendere plea under chapter 853.

(4) For the purposes of this section, "elected official" has the same meaning as in section 11-342."

SECTION 3. Section 26-56, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (b) to read:

"(b) The commission shall review and recommend an appropriate salary for the governor, lieutenant governor, members of the legislature, justices and judges of all state courts, administrative director of the State or an equivalent position, and department heads or executive officers and the deputies or assistants to the department heads of the departments of:

(1) Accounting and general services;

(2) Agriculture;

(3) The attorney general;

(4) Budget and finance;

(5) Business, economic development, and tourism;

(6) Commerce and consumer affairs;

(7) Defense;

(8) Hawaiian home lands;

(9) Health;

(10) Human resources development;

(11) Human services;

(12) Labor and industrial relations;

(13) Land and natural resources;

(14) Public safety;

(15) Taxation; and

(16) Transportation.

The commission shall not review the salary of any position in the department of education or the University of Hawaii.

The commission may recommend different salaries for department heads and executive officers and different salary ranges for deputies or assistants to department heads; provided that the commission shall recommend the same salary range for deputies or assistants to department heads within the same department; provided further that the appointing official shall specify the salary for a particular position within the applicable range.

In making its salary recommendation for each position, the commission shall endeavor to attract and retain the best qualified individuals to lead the State and shall consider salaries that can compete with equivalent private sector positions and can serve to deter corruption and bribery.

The commission shall not recommend salaries lower than salary amounts recommended by prior commissions replaced by this section."

2. By amending subsection (d) to read:

"(d) The commission shall convene in the month of November 2006, and every six years thereafter. [~~Not~~] No later than the fortieth legislative day of the regular session of 2007, and every six years thereafter, the commission shall submit a report of its findings and its salary recommendations to the legislature, through the governor. The commission may include incremental increases that take effect [~~prior to~~] through December 31 of the year of the first election following the convening of the next salary commission.

The recommended salaries submitted by the commission shall become effective [~~July 1 of the next fiscal year~~] on January 1 of the year following the first election after the convening of the salary commission; unless the legislature disapproves the recommended salaries submitted by the commission through the adoption of a concurrent resolution, which shall be approved by a simple majority of each house of the legislature, prior to adjournment sine die of the legislative session in which the recommended salaries are submitted; provided that any change in salary which becomes effective shall not apply to the legislature to which the recommendation for the change in salary was submitted.

The governor shall include the salary amounts recommended by the commission and approved by the legislature for employees of the executive branch in the executive budget. If the salary amounts recommended by the commission are disapproved by the legislature, the commission shall reconvene in the November next following the legislative disapproval to review the legislature's reasons for disapproving its salary recommendation. The commission may submit a report of its findings and submit a new salary recommendation to the legislature at the next regular session. The commission's reconvening following a legislative disapproval shall not toll the six-year cycle."

SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that the amendments made to subsection 26-56(b), Hawaii Revised Statutes, by section 3 of this Act shall not be repealed when that section is reenacted on January 1, 2024, pursuant to section 23 of Act 278, Session Laws of Hawaii 2022.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1240
THIRTY-SECOND LEGISLATURE, 2023
STATE OF HAWAII