HR176 HD1

WHEREAS, Hawaii's legislators are entrusted by the people of this State to serve the public interest; and

WHEREAS, high ethical standards among the members of the Legislature are essential to assure the trust, respect, and confidence of the people of Hawaii; and

WHEREAS, in order to preserve the public's confidence in state government, the Legislature should conduct its business in a manner that preserves the integrity of the legislative process; and

WHEREAS, through the responsible use of this political power, legislators demonstrate their understanding and respect for those on whose behalf they have accepted this trust; and

WHEREAS, adoption of broader standards and transparency in the resolution of ethical conflicts is imperative both to enable the public to understand the intricacies of the legislative process and its effects on the legislators as well as to provide the legislators with guidance when confronted with the inevitable conflicts between their responsibility to the public and their need to pursue their employment outside the Legislature; and

WHEREAS, these needs for ethics and avoidance of conflicts of interest must be balanced against the public's commitment to a part-time citizen Legislature, which requires that legislators be drawn from all parts of society and implies that legislators are expected and permitted to earn outside income; and

WHEREAS, the 1978 Constitutional Convention found that public officers "must exhibit the highest standards of ethical conduct"; towards that end, and to enhance public confidence, the Legislature established standards of conduct for legislators through the enactment of Chapter 84, Hawaii Revised Statutes, which also established the State Ethics Commission, an independent body to administer and enforce the Code of Ethics; and

WHEREAS, although the State Ethics Commission has jurisdiction over legislators' alleged conflicts of interests, additional procedures may be necessary within the Legislature itself to allow the Legislature to promptly identify and advise its members on potential conflicts of interest, and to investigate, evaluate, and pass judgment on those of its members who may have violated the public's trust; and

WHEREAS, the House of Representatives also has its own internal rules, promulgated as Rule 60, Code of Legislative Conduct, that prescribes the ethical standards of its members; however, this rule does not appear to comprehensively address the multitude and complexity of issues that can surround ethical standards of House members; and

WHEREAS, the United States Senate, 108^th Congress, 1^st Session, also has its own Senate Ethics Manual, consisting of over 506 substantive pages, that appears to comprehensively define and prescribe its members standards in relation to gifts, conflicts of interest and outside earned income, prohibition on unofficial office accounts, financial disclosure, political activity, use of government equipment and facilities, constituent services, and employment practices; and

WHEREAS, to strengthen public confidence in their elected officials and provide guidance to state officials and employees, the House of Representatives finds that an evaluation of additional and different standards of conduct is a worthwhile endeavor; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, that the Speaker is requested to establish an interim task force to evaluate:

(1) The Senate Ethics Manual of the United States Senate, 108^th Congress, 1^st Session, and the rules of other legislative bodies to determine those provisions which may be worthwhile and applicable for consideration for adoption by the House of Representatives;

(2) The propriety, merits, and need to amend Rule 60 of the Rules of the House of Representatives to more comprehensively address standards of conduct;

(3) Whether the House of Representatives should establish a Standards of Conduct Committee, and if so, the scope of its duties, make-up (including majority and minority representation), and procedures;

(4) Whether, if established, the Standards of Conduct Committee should also be empowered to initiate, receive, and consider conflict of interest complaints involving House members;

(5) Whether, if established, the Standards of Conduct Committee should render advisory opinions and recommend disciplinary action; and

(6) Additional measures that may be enacted to address possible conflicts of interests involving House members;

and

BE IT FURTHER RESOLVED that the Speaker is requested to appoint majority and minority members to the interim task force after consultation with the majority and minority leaders, respectively, and designate the chair and vice chair from among the members; and

BE IT FURTHER RESOLVED that the study, and proposed legislation, if any, be transmitted to the Speaker of the House of Representatives no later than 20 days prior to the convening of the Regular Session of 2008; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Speaker of the House of Representatives and the Executive Director of the Hawaii State Ethics Commission.

HOUSE OF REPRESENTATIVES	H.R. NO.	176
TWENTY-FOURTH LEGISLATURE, 2007		H.D.1
STATE OF HAWAII