HOUSE OF REPRESENTATIVES

H.B. NO.

707

THIRTY-SECOND LEGISLATURE, 2023

H.D. 1

STATE OF HAWAII

S.D. 1

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO FALSE CLAIMS.

 

 

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

 


SECTION 1. The legislature finds that the house of representatives adopted House Resolution No. 9, Regular Session of 2022, to establish the commission to improve standards of conduct. The resolution requests that the commission ensure state laws and rules relating to standards of conduct of public officers and employees contain clear standards, enforcement, and penalties and provide recommendations to increase awareness of, compliance with, and deterrent effects of the code of ethics, lobbying laws, campaign finance laws, and other relevant laws and rules.

Pursuant to House Resolution No. 9, the commission to improve standards of conduct convened regularly throughout 2022 to diligently review, discuss, and consider the issues presented; submit an interim report to the house of representatives outlining areas of immediate and long-term focus; receive input from the public and invited individuals and agencies; and issue a final report with various recommendations and accompanying proposed legislation.

The legislature also finds that the strength and stability of our democratic government rely upon the public's trust in government institutions, including the expectation that officers act ethically with prudence, integrity, and sound judgement. Therefore, an essential goal of the commission was to provide recommendations that would help restore public trust in state government and increase the level of transparency in its operations and accountability of individuals.

Accordingly, the purpose of this Act is to implement recommendations of the commission to improve standards of conduct relating to combatting fraud, waste, and corruption by establishing the offense of making a false, fictitious, or fraudulent claim against the State or a county. This Act also disqualifies a person convicted of making a false, fictitious, or fraudulent claim against the State or a county from holding elected office for a period of five years.

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

"710-   False, fictitious, or fraudulent claims. (1) A person commits the offense of making a false, fictitious, or fraudulent claim against the government if the person makes or presents to any agent of the government, any claim material upon or against the government that the person knows to be false, fictitious, or fraudulent.

(2) As used in this section:

(a) "Claim" and "material" shall have the same meaning as those terms are defined in section 661‑21.

(b) "Government" shall have the same meaning as defined in section 710-1000.

(3) Making a false, fictitious, or fraudulent claim against the State or a county is a class C felony. A person who is convicted under this section shall be disqualified from holding elected office for five years from the date of conviction."

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 on March 22, 2075.


 


 

Report Title:

Commission to Improve Standards of Conduct; False, Fictitious, or Fraudulent Claims; State; Counties; Penalties; Public Financing; Conviction

 

Description:

Makes it a class C felony to make false, fictitious, or fraudulent claims against the government. Disqualifies a person convicted of making a false, fictitious, or fraudulent claim from holding elected office for five years. Takes effect 3/22/2075. (SD1)

 

 

 

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