On Dec. 1, 2022, the Commission to Improve Standards of Conduct (CISC) made 31 recommendations (28 bills and three resolutions) to improve laws and rules on ethics, campaign finances, lobbying and related matters. It conducted public hearings and received input from the public, community leaders, state and county officials, experts in ethics, campaign finance, lobbying, elections, investigation and prosecution of corruption in government, among others.
House Speaker Scott Saiki introduced all of the commission’s bills and the House Judiciary and Hawaiian Affairs Committee chaired by Rep. David Tarnas conducted public hearings on all the bills. All of the commission’s bills or their counterparts were passed out or adopted by the committee in some form — except term limits for legislators and funding county ethics boards and commissions. The commission’s recommended citizens’ bill of rights bill and anti-nepotism bill as it pertained to the Legislature were incorporated into the House Rules and Administrative Manual rather than adopted by bill.
The recommended bills fell into four areas: strengthening investigation and prosecution of fraud, increasing transparency in government, expanding ethical awareness and oversight in government, and reducing the power of money in politics.
Strengthening prosecution of fraud
Three bills were modeled after federal counterparts — fraud, false statements and false claims — used by federal law enforcement to investigate and prosecute corruption in Hawaii government. Another three bills aim to make the Campaign Spending Commission more effective in investigating and prosecuting violations of campaign spending laws. All six passed — and if signed into law by the governor as expected, residents can look forward to local law enforcement being more aggressive and effective in investigating and prosecuting public corruption, and for the Campaign Spending Commission to be more effective in enforcing spending laws.
More government transparency
Bills aimed to apply the Sunshine Law to Legislature-created bodies not currently covered; to create a citizens’ bill of rights; create greater access to public records; preserve recordings of public meetings; publish online candidate and noncandidate committee organizational reports; require legislators to disclose relationships with lobbyists and lobbyist organizations in financial disclosures; require lobbyists to specify all bills, resolutions, budget items or administrative action on matters they supported, opposed or commented on. The commission also recommended legislative allowance expenditures be posted online.
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All of these were adopted in some form — except for the Sunshine Law expansion and greater access to public records. The citizens’ bill of rights was adopted in part into the House’s rules but not the Senate’s. All in all, if these bills are signed as expected, there will be greater transparency in Hawaii government.
Ethical awareness and oversight in government
CISC’s bills recommended mandatory lobbyist training, prohibiting nepotism in state government, and funding county ethics boards and commissions. The anti-nepotism bill passed as applied to the executive branch and agencies; both houses of the Legislature now have anti-nepotism provisions in their administrative rules. The Legislature deemed it a county duty to fund its own boards and commissions.
Reducing money in politics
Bills aimed to increase public financing of elections; prohibit state and county elected officials from soliciting and accepting campaign contributions during legislative sessions; expand the ban on contributions to candidates and noncandidate committees from local contractors to include the grantees and their owners, officers and immediate family; require public notice of any candidate fundraiser regardless of the contribution amount; limit the amount of cash contributions and require receipts be maintained for them all; prohibit lobbyists from making gifts to legislators and state employees; limit use of campaign funds to campaigns; eliminate use of campaign funds to buy tickets for fundraisers for other candidates; increase fines for campaign- spending violations by noncandidate committees (PACS); create a voter education guide; and establish term limits for legislators.
These commission-recommended bills passed in some form except for public financing of elections, term limits, solicitation and acceptance of contributions during session, expanding the prohibition of contributions from those benefiting from state and county contracts and grants, and limiting campaign funds to campaigns.
The prohibition on soliciting or receiving campaign contributions during legislative session passed the House, but did not receive a hearing in the Senate. The Legislature did, however, pass a bill prohibiting campaign contributions from lobbyists shortly before, after and during session.
Much was accomplished to increase transparency and accountability in Hawaii government, and much remains to be done in the next session. Bills not passed this session are very much alive; with public engagement and support, I expect several more bills to be passed in some form next session.
The solicitation and acceptance of campaign funds during session could get another look if it were more limited as initially recommended by the commission, applying only to legislators and legislative candidates, not all elected officials.
I believe bills relating to public-records access and public financing of elections are very much alive and should have a good chance of passing next session if the public stays engaged. The bill on prohibiting campaign contribution from state and county contractors and grantees, their officers and family is alive as well.
The legislative session is short, with tight deadlines and thousands of measures vying for attention. Given these constraints, the Legislature did a most commendable job in hearing and acting on the commission’s bills and their counterparts. Hawaii will have more transparent and accountable government as a result.
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With acknowledgements to House Speaker Scott Saiki and Judiciary committee chairs Rep. David Tarnas and Sen. Karl Rhoads for their leadership and support of these bills.
Dan Foley chaired the Commission to Improve Standards of Conduct; other members were Robert Harris, Kristin Izumi-Nitao, Janet Mason, Nikos Leverenz, Florence Nakakuni and Barbara Marumoto.
