In 2022, a corruption scandal tarred the Legislature’s reputation, and led to a public outcry for ethics reform.
In February 2022, J. Kalani English of Hana, Maui, who resigned from his position as Senate majority leader just months before being charged, and Ty J.K. Cullen, who held on to his House seat representing Waipahu until just before charges became public, both pleaded guilty in federal court to wire fraud in connection with accepting bribes to support and kill legislation.
The lawmakers’ crimes cast a spotlight on the disturbing lack of transparency within the Legislature, and led to the appointment of an ethics advisory group, the Commission to Improve Standards of Conduct (CISC), which ultimately submitted 31 recommendations, in the form of draft bills, to the Legislature.
These recommendations included term limits and campaign financing restrictions, along with more detailed reporting and higher scrutiny during the legislative process.
As a result, more bills than can be listed here are wending their way through the Legislature, many of them crucial to preserving the public trust. Each of these measures that can be reasonably and lawfully implemented should be enacted.
House bills that have now passed a third reading and should be approved include House Bill 99, which limits election period campaign contributions to a candidate from one individual to $100; and House Bill 89, which prohibits elected officials from soliciting or accepting campaign contributions while the Legislature is in session.
Other worthwhile bills are still in committee, including House Bill 95, which concerns partial public financing of campaigns.
House Bill 141 and companion Senate Bill 188 would require each state legislator to disclose lobbyists with whom they have a financial interest. This legislation must go forward.
Senate Bill 1421 and companion House Bill 711 classify fraud by an officeholder as a Class B felony, disqualifying anyone convicted from holding public office for 10 years.
House Bill 719 would cap charges for copying certain government records, make electronic copies and certain other disclosures free, and cap charges for searching out records. This would serve to make public records more readily available to the public, and is long overdue.
House Bill 463 would require noncandidate committees – organizations formed to influence elections, but not in the name of any one candidate — to report all spending over $100, rather than the current $1,000. This improves transparency.
Other bills have been deferred, but in the House, it’s commendable that Judiciary & Hawaiian Affairs Committee Chair Rep. David A. Tarnas included justification for action on each bill — modeling a suggestion made by the CISC.
And so, Tarnas suggested deferral of a bill establishing term limits, explaining that in the committee’s view, this law was not necessary to create turnover in the Legislature. This subject remains under consideration at the Senate.
Unfortunately, one deferral — creation of an Office of the Public Advocate — is likely dead for this session, as the attorney general has determined that placing that office under its supervision, as suggested by the CISC, would create unconstitutional conflicts.
Tarnas has recommended that a list of public “rights” relating to the Legislature in the bill, such as “the right to hear the rationale for any decision made by a committee or committee chairperson, such as the deferral or amendment of a bill,” be incorporated into rules and official procedures of the Legislature. This would be welcome — it’s hoped that such a requirement would be a check against the kind of corruption exemplified by Cullen and English. Ultimately, though, a public advocate would best serve to ensure ethical behavior by public officials over the long term.