But a few straightforward rule changes would vastly improve transparency and thus accountability.
But a few straightforward rule changes would vastly improve transparency and thus accountability.
By Gary Hooser
April 4, 2023 · 5 min read
Gary Hooser
Gary Hooser is executive director of the Pono Hawaii Initiative, a former Hawaii state senator (2002-2010) and Senate majority leader (2006-2010), and a former director of the state Office of Environmental Quality Control.
But a few straightforward rule changes would vastly improve transparency and thus accountability.
Speaker of the House Scott Saiki has decided once again to kill the legalization of cannabis by sentencing Senate Bill 669 to “death by referral” making a unilateral decision that four different committees must approve the measure for it to survive.
Responsible adult use will continue to be illegal in Hawaii. Speaker Saiki says it’s too complicated, not ready, and needs more work. Despite the fact that 21 states — along with Washington, D.C., and Guam — have acted to legalize recreational marijuana, and we here in Hawaii have already had countless task forces and study groups look into it.
But Saiki says nope not going to do it. And Saiki is pretty much in control of everything.
He controls who chairs the committees, who sits on the committees, and which bills get referred to those committees. He single-handily decides which side is right and wrong when there are disputes on those same committees or questions regarding referrals.
This is not hyperbole. This is not exaggeration, puffery, embroidery, magnification, embellishment, or purple prose.
The speaker remains in the background, but without a doubt he’s the one calling the shots. Others take the hits, but speaker calls the shots.
But today’s discussion is not about taking hits, or shots — nor is it about weed. It’s about power and control.
The rules of the House give Speaker Saiki pretty much total control over who sits on a committee and who is chair: “The membership of each standing committee shall be appointed by the Speaker. The respective chairs and vice-chairs of each standing committee shall be appointed by the Speaker.”
The rules also give the speaker total control over bill referral. He made the decision to send the midwifery bill to House Finance even though it has no impact on the state budget. Likewise the killing of cannabis legalization (yet again) via referral to four different committees was entirely his choice.
The rules state, “It shall be the duty of the Speaker to … refer all bills to committees, subject to an appeal.”
Yes, the speaker’s decisions may be challenged via an appeal, and sent to a faux “Review Panel.”
The rules state, “If the Speaker disagrees with the recommendation of the Review Panel … the Speaker’s decision shall be the final disposition of the matter.”
Unbelievably, the Speaker even has the power to override a decision by a majority of a committee.
“If a chair of a standing committee refuses a request of a majority of the committee members to set for public hearing a bill … the majority of the committee members may petition the Review Panel …If the Speaker objects to the recommendation of the Review Panel … the Speakers decision … shall be the final disposition of the matter.”
You can’t make this stuff up. The speaker appoints the committee and chair, the speaker decides which bills the committee will hear, and the speaker can override a majority of the committee.
There are 51 House members and 26 of them give the speaker his title and his power.
Some, perhaps most, of these 26 will say privately they don’t really support the dictatorial power granted to the speaker, but are simply being pragmatic. They may say this is the way it is, has been, and will always be.
Civil Beat opinion writers are closely following efforts to bring more transparency and accountability to state and local government — at the Legislature, the county level and in the media. Help us by sending ideas and anecdotes to sunshine@civilbeat.org.
They are afraid if they object or push back, their bills will be killed, funding for their district projects will dry up, and in general they’ll be “punished by leadership.”
Ask any Capitol regular and they’ll tell you it’s always been this way. But they’ll also tell you it’s worse now than ever before.
Due to the large volume of bills/issues and time/scheduling pressures, unilateral decision making is accepted under the guise of expediency.
The extraordinary power granted to the speaker, euphemistically referred to as “leadership,” and by extension to the committee chair has been the norm for many years. The situation is similar, but not nearly as bad in the Senate.
It doesn’t have to be this way. A few straightforward rule changes would vastly improve transparency and thus accountability:
There’s no shortage of good people serving now in the House and I suspect that number far exceeds the magic figure of 26. They are collectively responsible for the actions of the speaker, and they need to own it.
Hopefully someone out there on the third or fourth floor of that Big Square Building (perhaps 26 someones), will reach out and have a heart to heart with the speaker, appeal to his better angels, amend the rules, remove at least some of the fear, increase accountability — and support a more collaborative approach to conducting the people’s business.
Otherwise, the 26 need to start looking at plan B.
Civil Beat is a small nonprofit newsroom, and we’re committed to a paywall-free website and subscription-free content because we believe in journalism as a public service. That’s why donations from readers like you are essential to our continued existence.
Help keep our journalism free for all readers by becoming a monthly member of Civil Beat today.
Gary Hooser
Gary Hooser is executive director of the Pono Hawaii Initiative, a former Hawaii state senator (2002-2010) and Senate majority leader (2006-2010), and a former director of the state Office of Environmental Quality Control.
Read more
Though I was unaware of the extent of it, I am in strong agreement with Gary Hoosier. After years of seeing Senator Saiki refuse to entertain bills that are important to the public, I was especially concerned when he killed the minimum wage a few years ago. Senator Saiki killed that bill with no discussion. Yet a year and a half later the minimum was raised. Bills that are important to the public need a hearing, not death.
· 26 minutes ago
Thank you, Mr. Hooser, for identifying concrete and straightforward steps which would help bring more democracy to the House.
· 32 minutes ago
“controls who chairs the committees, who sits on the committees, and which bills get referred to those committees”Do we wonder why Saiki chose David Tarnas as Chairman of the Judiciary and Hawaiian Affairs Committee, saying “he was a perfect fit.”.As Chairman, Tarnas can unilaterally defer bills without a debate or votes.Saiki has known Tarnas since 1994, and some could suspect he has groomed Tarnas for the job. Of course this is mere speculation on my part.We are fortunate to have prodigal politicians return to the public forum of Civil Beat, like Russell Ruderman, the political veteran Les Ihara, and Gary Hooser to give their insights into the obscure inner workings of the power brokers of the State Legislature.
· 33 minutes ago
IDEAS is the place you’ll find essays, analysis and opinion on every aspect of life and public affairs in Hawaii. We want to showcase smart ideas about the future of Hawaii, from the state’s sharpest thinkers, to stretch our collective thinking about a problem or an issue. Email news@civilbeat.org to submit an idea.
Get the Civil Beat App.
Sign up for our FREE morning newsletter and face each day more informed.
Copyright © 2010-2023 Honolulu Civil Beat Inc. All rights reserved. Civil Beat ® is a registered trademark of Honolulu Civil Beat Inc.
You’re officially signed up for our daily newsletter, the Morning Beat. A confirmation email will arrive shortly.
In the meantime, we have other newsletters that you might enjoy. Check the boxes for emails you’d like to receive.
Inbox overcrowded? Don’t worry, you can unsubscribe
or update your preferences at any time.
