HOUSE OF REPRESENTATIVES

H.R. NO.

200

THIRTY-THIRD LEGISLATURE, 2026

 

STATE OF HAWAII

 

 

 

 

 

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.

 

 

 

 

OFFERED BY:

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