STAND. COM. REP. 143

Honolulu, Hawaii

, 2003

RE: H.B. No. 1125

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Legislative Management, to which was referred H.B. No. 1125 entitled:

"A BILL FOR AN ACT RELATING TO OFFENSES AGAINST PUBLIC ADMINISTRATION,"

begs leave to report as follows:

The purpose of this bill is to strengthen and clarify bribery laws as they relate to public officials and employees.

Your Committee finds that during the past several years, there have been several instances of public officials engaging in financial misconduct including bribes and kickbacks. This misconduct has resulted in the loss of public confidence not only in public institutions in general, but in those who work in them as well.

This bill recognizes the importance of clear and strong laws against public corruption, particularly the buying of influence and power. Specifically, the bill proposes a new offense of bribery in the second degree - relating to bribery of public servants or officials, and a new offense of the unlawful giving of gifts to public servants by persons subject to their jurisdiction.

These proposed criminal offenses will allow prosecution of cases of improperly influencing public servants that technically were not a crime in the past and will create a lessor offense of bribery in the second degree that reduces the required "intent" necessary for a bribery conviction.

Finally, although your Committee supports the intent and purpose of this bill, time constraints prevent your Committee from thoroughly considering the recommendations made by the Hawaii State Ethics Commission. The Commission suggested that the bill should reflect the distinction between things of value one receives that are incidental to the performance of official duties, as opposed to things of value that are unnecessary to be given or received. The Commission also suggested that Hawaii's cultural values must also be considered as well. Your Committee respectfully suggests that the Committee on Labor and Public Employment and the Committee on Judiciary consider the Commission's recommendations as they continue the discussion and deliberations on this bill.

As affirmed by the record of votes of the members of your Committee on Legislative Management that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1125 and recommends that it pass Second Reading and be referred to the Committee on Labor and Public Employment.

Respectfully submitted on behalf of the members of the Committee on Legislative Management,

 

____________________________

MICHAEL Y. MAGAOAY, Chair