SB 2737: Bribery; Elected Official; Failure to Report; Pecuniary Benefit

A BILL FOR AN ACT

RELATING TO BRIBERY.

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

     SECTION 1.  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-     Failure to report bribery; state elected officials.  (1)  A state elected official commits the offense of failure to report bribery when the elected official:

     (a)  Knows of or has witnessed conduct in which:

          (i)  A person has conferred, offered, or agreed to confer, directly or indirectly, any pecuniary benefit upon the elected official with the intent to influence the elected official's vote, opinion, judgment, exercise of discretion, or other action in the elected official's official capacity in violation of section 710-1040(1)(a);

         (ii)  A person has conferred, offered, or agreed to confer, directly or indirectly, any pecuniary benefit upon another state elected official with the intent to influence that elected official's vote, opinion, judgment, exercise of discretion, or other action in that elected official's official capacity in violation of section 710-1040(1)(a); or

        (iii)  Another state elected official has solicited, accepted, or agreed, directly or indirectly, any pecuniary benefit with the intent that the elected official's vote, opinion, judgment, exercise of discretion, or other action as an elected official will thereby be influenced in violation of section 710-1040(1)(b); and

     (b)  Fails to report the known or witnessed conduct within sixty days after the date the elected official knew of or witnessed the conduct.

     (2)  A report made in good faith within the sixty-day period to any of the following shall satisfy the reporting requirement under this section:

     (a)  The department of the attorney general;

     (b)  The prosecuting attorney of the county where the conduct occurred or where the reporting official serves;

     (c)  Any law enforcement agency with jurisdiction; or

     (d)  The state ethics commission or an authorized county ethics board.

     (3)  Failure to report bribery is a misdemeanor.

     (4)  For the purposes of this section, "state elected official" means any person whose salary is determined by the commission on salaries pursuant to article XVI, section 3.5 of the Hawaii State Constitution or section 26-56."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 3000.

Report Title:

Bribery; Elected Official; Failure to Report; Pecuniary Benefit

Description:

Establishes the offense of failure to report bribery by a state elected official as a misdemeanor.  Requires a state elected official who knows of or witnesses the conferring, offering, solicitation, or acceptance of a pecuniary benefit in violation of the bribery statute to report the conduct to the Department of the Attorney General, a county prosecuting attorney, a law enforcement agency, the State Ethics Commission, or a county ethics board within sixty days.  Defines "state elected official".  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BRIBERY.

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

     SECTION 1.  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-    Failure to report bribery; state elected officials.  (1)  A state elected official commits the offense of failure to report bribery when the elected official:

     (a)  Knows that:

          (i)  A person has conferred, offered, or agreed to confer, directly or indirectly, any pecuniary benefit upon the elected official with the intent to influence the elected official's vote, opinion, judgment, exercise of discretion, or other action in the elected official's official capacity in violation of section 710-1040(1)(a); or

         (ii)  The elected official has witnessed:

               (A)  A person confer, offer, or agree to confer, directly or indirectly, any pecuniary benefit upon another state elected official with the intent to influence that elected official's vote, opinion, judgment, exercise of discretion, or other action in that elected official's official capacity in violation of section 710-1040(1)(a); or

               (B)  Another state elected official solicit, accept, or agree, directly or indirectly, any pecuniary benefit with the intent that the elected official's vote, opinion, judgment, exercise of discretion, or other action as an elected official will thereby be influenced in violation of section 710-1040(1)(b); and

     (b)  Fails to report the known or witnessed conduct within sixty days after the date the elected official knew of or witnessed the conduct.  For the purposes of this paragraph, a report made in good faith within the sixty-day period to any of the following shall satisfy the reporting requirement:

          (i)  The department of the attorney general;

         (ii)  The prosecuting attorney of the county where the conduct occurred or where the reporting official serves;

        (iii)  Any law enforcement agency with jurisdiction; or

         (iv)  The state ethics commission or an authorized county ethics board.

     (2)  Failure to report bribery is a misdemeanor.

     (3)  For the purposes of this section, "state elected official" means any person whose salary is determined by the commission on salaries pursuant to article XVI, section 3.5 of the Hawaii State Constitution or section 26-56."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on March 22, 2075.

Report Title:

Bribery; Elected Official; Failure to Report; Pecuniary Benefit

Description:

Establishes the offense of failure to report bribery by a state elected official as a misdemeanor.  Requires a state elected official who knows of or witnesses the conferring, offering, solicitation, or acceptance of a pecuniary benefit in violation of the bribery statute to report the conduct to the Department of the Attorney General, a county prosecuting attorney, a law enforcement agency, the State Ethics Commission, or a county ethics board within sixty days.  Defines "state elected official".  Effective 3/22/2075.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO BRIBERY.

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

     SECTION 1.  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-   Failure to report bribery; state and county elected officials.  (1)  A state or county elected official commits the offense of failure to report bribery when the elected official:

     (a)  Knows that:

          (i)  A person has conferred, offered, or agreed to confer, directly or indirectly, any pecuniary benefit upon the elected official with the intent to influence the elected official's vote, opinion, judgment, exercise of discretion, or other action in the elected official's official capacity in violation of section 710-1040(1)(a); or

         (ii)  The elected official has witnessed:

               (A)  A person confer, offer, or agree to confer, directly or indirectly, any pecuniary benefit upon another state or county elected official with the intent to influence that elected official's vote, opinion, judgment, exercise of discretion, or other action in that elected official's official capacity in violation of section 710-1040(1)(a); or

               (B)  Another state or county elected official solicit, accept, or agree, directly or indirectly, any pecuniary benefit with the intent that the elected official's vote, opinion, judgment, exercise of discretion, or other action as an elected official will thereby be influenced in violation of section 710-1040(1)(b); and

     (b)  Fails to report the known or witnessed conduct to the department of the attorney general within sixty days after the date the elected officials knew of or witnessed the conduct.

     (2)  Failure to report bribery is a misdemeanor."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

Report Title:

Bribery; Elected Official; Failure to Report; Pecuniary Benefit

Description:

Establishes the offense of failure to report bribery by a state or county elected official as a misdemeanor.  Requires an elected official who knows of or witnesses the conferring, offering, solicitation, or acceptance of a pecuniary benefit in violation of the bribery statute to report the conduct to the Department of the Attorney General within sixty days.  

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 2886

Honolulu, Hawaii

RE:     S.B. No. 2737

        S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2026

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 2737 entitled:

"A BILL FOR AN ACT RELATING TO BRIBERY,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Establish the offense of failure to report bribery by a state or county elected official as a misdemeanor; and

     (2)  Require an elected official who knows of or witnesses the conferring, offering, solicitation, or acceptance of a pecuniary benefit in violation of the bribery statute to report the conduct to the Department of the Attorney General within sixty days.

     Your Committee received testimony in support of this measure from the Hawaiʻi Alliance for Progressive Action, HULI PAC, Kupuna for the Moʻopuna, Greenpeace Hawaii, Nation of Hawaiʻi, and twenty-eight individuals.

     Your Committee received comments on this measure from the Department of the Attorney General and Department of the Prosecuting Attorney of the City and County of Honolulu.

     Your Committee finds that public office is a position of trust, and that trust demands not only personal integrity but a responsibility to act when corruption is witnessed.  When elected officials know about bribery and stay silent, they become part of the problem by protecting those who abuse power and undermine the State's communities that depend on fair, transparent governance.  This measure will reinforce the principle that public service carries an obligation not only to act with integrity, but to protect the integrity of the institutions they serve.

     Your Committee has amended this measure by:

     (1)  Allowing a state elected official who knows of or witnesses certain conduct in violation of the bribery statute to report to the Department of the Attorney General, a county prosecuting attorney, a law enforcement agency, the State Ethics Commission, or a county ethics board within sixty days to satisfy the reporting requirement;

     (2)  Specifying that the state elected officials covered by this measure only includes state elected officials whose salaries are determined by the Commission on Salaries;

     (3)  Inserting an effective date of March 22, 2075, to encourage further discussion; and

     (4)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2737, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2737, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,