The Hawaii House of Representatives has once again shown its utter disregard for the public’s right to meaningfully participate in the law-making process.
This time they not only shut out the public, but also shut down their own House colleagues who dared ask questions and express concerns.
On Feb. 4, two House Committees held public hearings, received public testimony, engaged public discussion, and held a public vote — in support of passing HB1246 proposing to legalize the responsible adult use of cannabis (as 24 other U.S. States have done).
Two days later on Feb. 6, without public notice, public input or public discussion, and without a public “roll call vote,” House Leadership — led by Caucus Leader Rep. Chris Todd and backed by Majority Leader Rep. Sean Quinlan — proposed HB1246 be “recommitted.”
“Recommittal” effectively kills the bill without anyone actually voting to kill the bill. Technically the representatives are voting on “the motion to recommit” and not on HB1246.
When Rep. Kim Coco Iwamoto attempted to explain how recommittal could adversely impact the bills future passage, she was shut down by House Leadership and told not to speak on the “substance” of HB1246.
When Speaker Nadine Nakamura was asked directly by Rep. Kanani Souza as to “why” House Leadership was proposing to recommit the bill, the official response given by Speaker Nakamura was two words, “No response.”
Rep. Chris Todd later told media, “We did not have the votes to pass the measure this year.” Apparently, he knows this, or believes it to be true, because of private, behind-closed-doors meetings that he or other members of House Leadership have conducted.
But we don’t know for sure. No one really knows for sure. Even House members themselves don’t know for sure — because it was all done in secret.
It’s appalling.
House Leadership meets secretly, decides to ignore two committees, uses an arcane parliamentary procedure to kill the bill, and refuses to tell their own members why.
And to those of you who wasted your time submitting testimony at the committee hearing, perhaps flew to Oahu to testify, or spent an hour or more on Zoom awaiting the opportunity to speak — too bad, too sad, sorry, not sorry.
It’s both sickening and embarrassing to those of us who believe in the democratic process and who encourage others to show up and participate.
Thankfully, a handful of representatives had the courage and integrity to stand up and object to what was going on. Voting no against recommittal were Rep. Terez Amato, Rep. Dela Au Belatti, Rep. Elle Cochran, Rep. Kim Coco Iwamoto, Rep Amy Perruso, and Rep Kanani Souza.
Everyone else supported killing HB1246 and the back-door recommittal process used to pull the trigger.
There should have been public debate and a public vote on the merits of HB1246. That’s what should determine whether a bill lives or dies, not simply the wave of a wand behind closed doors.
“House Leadership” is driven by Speaker Nadine Nakamura, Vice Speaker Linda Ichiyama, and Minority Leader Lauren Matsumoto.
Majority Caucus Leader Chris Todd and Majority Leader Sean Quinlan carried the water on Feb. 6, but no doubt all five were in agreement.
Because the decision to recommit was made behind closed doors, we’ll never know exactly who instigated this move, or the real reason why.
We can blame House Leadership, but it’s the majority who sit quietly with their heads down, looking at their phones, waiting for the Chair to adjourn, who deserve credit for this disheartening, tone-deaf show of power, entitlement and arrogance.
We need to elect leaders who will fight for us, who will embrace and honor the public’s right to participate, and who will shun “work arounds” designed to circumvent established rules and democratic processes.
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Gary Hooser served eight years in the state Senate, where he was majority leader. He also served for eight years on the Kauai County Council. He presently writes on Hawaii policy and politics at www.garyhooser.blog.
