We’re going to need more effort from our elected Hawaii legislators to combat corruption and boost the public’s trust in their processes, because the steps taken this session fell far short.
Senate Bill 555 is our case in point. As this bill to ban fundraising during session made its way through the Legislature, our lawmakers failed to include recommendations from the Commission to Increase Standards of Conduct, which they themselves had created.
The commission was established in February, just days after two former Hawaii lawmakers were charged with federal crimes connected to taking bribes.
SB 555 had already been introduced, to ban fundraising events during legislative sessions. In March, the commission further recommended that SB 555 ban all campaign fundraising by both candidates and elected officials during sessions.
The panel also recommended, rightly, a ban on asking for or accepting contributions during session, so that there would be no possibility or appearance of quid pro quo between donors and legislators during active lawmaking.
But instead, pleading need, legislators added none of those additional, good-government restrictions. They did make the bill applicable to elected officials statewide, but not to candidates.
So while fundraising events during session would be curbed, elected officials can continue to make all the calls they like to ask for donations, via phone, email or social media, and they can accept donations freely.
Those are some expansive loopholes. If the idea is to lessen the corrupting effect of “pay to play” money, and limit the possibility of trading votes for contributions, too many temptations have been left on the table.
Judiciary Committee member Sen. Kurt Fevella defended the legislation’s exceptions, saying, “Money and campaigning doesn’t cause corruption. The individuals themselves cause corruption. … Corruption can come at any time.”
Nevertheless, it’s a lot more tempting to put corrupt money in play when the key act of legislating is going on.
Another cases in point: J. Kalani English, who along with Ty J.K. Cullen pleaded guilty to federal wire fraud in March.
In January 2020, while state Senate majority leader, English took $1,000 to introduce a bill. Two months later, he took another $10,000 to kill the legislation, saying, “It’s easy to kill bills.”
SB 555, SD1, HD1 has been sent to Gov. David Ige for consideration. We won’t recommend a veto, because at least this legislation imposes some limits on fundraising practices. But that’s not enough.
Similarly, the Legislature has failed to move House Bill 2069 forward. This would have required public officials to report ceremonial or symbolic gifts and turn them over to the state. This is an ethical must, and should be revived.
Still alive at press time, with endorsements from the Commission to Increase Standards of Conduct:
>> SB 665, which makes intentionally providing false information or using a false identity when paying for a campaign ad a class C felony, allows for jail time in addition to fines for violators, and authorizes the Campaign Spending Commission to refer violations for prosecution.
>> House Bill 1475, requiring all state employees to complete ethics training. A good start, if enacted; we’d like to see mandatory ethics training for lobbyists, too.
>> SB 3252, which controls charges for making copies of government records, provides for a waiver “in the public interest” and funds additional staff in the Office of Information Practices to enforce open access.
Voters, rev those expressions of outrage and contact your representatives. We deserve honest government, and must demand these measures — if not now, in the next session.