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HOUSE OF REPRESENTATIVES |
H.R. NO. |
200 |
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THIRTY-THIRD LEGISLATURE, 2026 |
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STATE OF HAWAII |
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HOUSE RESOLUTION
RE-ESTABLISHING a COMMISSION TO IMPROVE STANDARDS OF CONDUCT to Examine the structural Conditions of the Hawaii State Legislature that may have contributed to the federal conviction of a former representative in connection with a bribery scandal, and to rEcommend Reforms.
     WHEREAS, in 2022, a former
member of the Hawaii State House of Representatives pled guilty to one count of
honest services wire fraud in connection with a bribery scandal and admitted to
accepting payments in exchange for the exercise of the legislator's official
legislative duties; and
     WHEREAS, this
conviction represented a profound breach of public trust and a serious stain on
the integrity of the Hawaii State Legislature; and
     WHEREAS, a thorough
reckoning with these events demands not only accountability for the individual
legislator's conduct, but also an honest examination of the structural and
institutional conditions that created the environment in which this conduct
could occur; and
     WHEREAS, the
concentrated power held by individual legislators over the fate of legislation,
including the unilateral ability to advance or prevent the advancement of bills
without deliberation, debate, or a recorded vote, creates conditions of opacity
that are inherently susceptible to corruption; and
     WHEREAS, the current
rules of the House of Representatives vest extraordinary and largely
unreviewable authority in a small number of legislative leaders, including
committee chairs, who have the power to hold bills without conducting a
hearing, and leaders who have the power to determine which bills may advance to
the full House of Representatives for floor votes; and
     WHEREAS, there is no
mandatory disclosure requirement for decisions to advance or obstruct
legislation; and
     WHEREAS, these
structural features reduce legislative transparency, diminish the
accountability of individual lawmakers to their constituents, and create
leverage that can be exploited for private gain; and
     WHEREAS, the
Commission to Improve Standards of Conduct, popularly referred to as the Foley
Commission, was previously established to examine ethical standards and
governance practices in the Hawaii State Legislature; and
     WHEREAS, in December
2022, the Commission to Improve Standards of Conduct issued its final report,
which included substantive recommendations for reform; and
     WHEREAS, the passage
of time, the emergence of new evidence of institutional failures, and the
specific circumstances surrounding the 2022 conviction of a former member of
the House of Representatives provide compelling justification for restoring the
Commission to Improve Standards of Conduct and providing the Commission with an
updated and expanded mandate; and
     WHEREAS, restoring the
Commission to Improve Standards of Conduct and directing the Commission to
examine the relationship between concentrated legislative power and the risk of
corruption would demonstrate the Legislature's commitment to earning back the
trust of the people of Hawaii; and
     WHEREAS, the people of
Hawaii deserve a Legislature in which every member's vote carries equal weight,
the fate of legislation is determined by transparent deliberation rather than
by the private decisions of a few, and no single legislator's ability to
advance or kill a bill constitutes a commodity that can be bought or sold; now,
therefore,
     BE IT RESOLVED by the
House of Representatives of the Thirty-third Legislature of the State of
Hawaii, Regular Session of 2026, that the Commission to Improve Standards of
Conduct is hereby re-established; and
     BE IT FURTHER RESOLVED
that the purposes and duties of the re-established Commission to Improve
Standards of Conduct shall be to:
     (1)  Examine the specific institutional,
structural, and cultural conditions within the Hawaii State Legislature that
preceded, and may have contributed to, the circumstances underlying the 2022
conviction of a former member of the House of Representatives;
     (2)  Review existing laws, rules, customs, and
practices that concentrate authority over the advancement or defeat of
legislation in the hands of individual legislators or small groups of leaders,
including rules governing committee and chair assignments, committee referrals,
hearing schedules, floor calendars, and the exercise of chair discretion;
     (3)  Assess whether the Hawaii State Legislature
provides sufficient transparency and accountability to constituents, including
the extent to which consequential legislative decisions are made in public rather
than in private; and
     (4)  Evaluate comparative legislative reform models
from other states and jurisdictions that have restructured rules to distribute
power more equitably among members and increase accountability to voters; and
     BE IT FURTHER RESOLVED
that the Speaker of the House of Representatives shall invite individuals to
serve on the Commission to Improve Standards of Conduct; provided that Commission
members shall be individuals who:
     (1)  Have due regard for independence;
     (2)  Have expertise in legislative ethics and
governance; and
     (3)  Are representative of diverse perspectives
from within and outside the Legislature, including members of the public, legal
scholars, and civil society organizations; and
     BE IT FURTHER RESOLVED
that the Speaker of the House of Representatives shall designate one member of
the Commission to serve as chairperson; and
     BE IT FURTHER RESOLVED
that the Commission to Improve Standards of Conduct is requested to conduct its
work in public to the greatest extent practicable, hold hearings that are accessible
to all residents of the State, and produce a record that is made available to
the public in full; and
     BE IT FURTHER RESOLVED
that the Commission to Improve Standards of Conduct is requested to submit a
report of its findings and recommendations, including any proposed legislation,
to the Legislature no later than sixty days prior to the convening of the
Regular Session of 2027; and
     BE IT FURTHER RESOLVED
that certified copies of this Resolution be transmitted to the Governor and
President of the Senate.
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OFFERED BY: |
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