First Amendment amendment: Eight senators think journalists in Hawaiʻi need to clean up their act. And who better to help them do it than the state government?

Hot off the presses when it was filed on Thursday, Senate Bill 1618 quickly made it to the inboxes of the local media where hands immediately began to wring. The bill boldly proposes the formation of a Journalistic Ethics Commission within the Department of Commerce and Consumer Affairs.

Itʻs hard to argue with the bill’s opening statement:

“The legislature finds that in today’s rapidly evolving media landscape, the need for ethical standards in journalism has never been more urgent. The rise of social media, deepfake technologies, and generative AI has amplified the spread of misinformation, posing new challenges for journalism and public trust.”

The Blog is a big believer in ethics, for the press as well as politicians, so we’re on board with the concept and even the bill’s next section, which states that “strengthening ethical standards for media outlets” will “combat misinformation, rebuild trust, protect the privacy of citizens, and equip them with the necessary tools to adapt to the digital age.”

And what the heck, we’re even OK with another section that insists the University of Hawaiʻi conduct an analysis to determine if “more credit hours of ethics should be required” to earn a bachelor of arts in journalism.

Look, we can’t deny that journalism in general has fallen on hard times. Budget cuts and layoffs have eviscerated many print and broadcast outlets, making it standard practice to do what’s easiest, not what’s best. More and more people have turned off traditional sources of news and instead swear by the information, misinformation and disinformation they find on social media.

We can use all the help we can get, right? State Senate to the rescue!

We can also rest easy knowing that SB 1618 assures us “the State shall not deny or interfere with a journalist’s, editor’s, or news media outlet’s right to exercise freedom of speech or freedom of the press.”

Thanks for agreeing to abide by the First Amendment of the U.S. Constitution, senators.

Except for the fact that by the time they get around to making that promise, they’ve already broken it a few sentences earlier.

Their proposed state-run Journalistic Ethics Commission would investigate complaints against journalists — perhaps even from legislators — and would have the power to punish news outlets or individual journalists if the commission found they had violated its code of ethics.

The offending journalists could face unspecified fines and “suspension or revocation of state media privileges, including press credentials for government-sponsored events.”

Huh? Surely the chief introducer of SB 1618, Sen. Donna Kim, knows such state regulation of the news media this would never pass legal muster, right?

On the other hand, it was just last session that Kim proposed legally requiring news organizations to acquiesce to requests for public records it has obtained in the same way that government agencies do — another blatant violation of the First Amendment.

Perhaps the O‘ahu Democrat harbors Trumpian dreams of the conservative U.S. Supreme Court and Congress reining in the often-critical news media no matter what the Constitution says.

Last year’s bill didn’t receive a committee hearing and we’d be surprised if this year’s proposal does either. But it does have the support of senatorial co-sponsors Lynn DeCoite, Donovan Dela Cruz, Kurt Fevella, Troy Hashimoto, Tim Richards, Joy San Buenaventura and Glenn Wakai.

The Blog thinks a public forum to discuss journalism, how journalists do their jobs, ethical considerations and even how to do all of the above even better is a great idea. Anything that creates a better relationship between the press and the people we cover is a good thing. But a legislatively mandated, state-run commission? No way.

Speaking of that pesky social media: Ever since a dustup last March between Reps. Jeanné Kapela, a Democrat, and Elijah Pierick, a Republican, it wasn’t a matter of if, but when, the House would regulate the social media postings of its members.

The crackdown took the form of a whole new chapter in the Democrat-controlled House rules, entitled “Social Media Policy,” and applies to any House member’s account in which they identify themselves as a legislator. Here’s the key passage:

Content may not be used to disparage other members, other individuals, or political parties. This includes featuring other members, individuals, or political parties in a way that invites disparaging or threatening comments or reactions, even if the content is presented in a neutral manner.

The overriding message is that they might be best off not referring to their colleagues at all, since almost anything posted on social media has the potential to generate criticism from commenters

Pierick questioned the policy when the new rules were discussed and ultimately approved on the House floor last week. He noted that “disparaging” is a pretty general term, and speculated that he could theoretically violate the new policy by merely noting his colleagues had voted to raise taxes.

Still, there was nothing vague about what Pierick posted on an Instagram account last year along with a video of Kapela delivering a House invocation. The progressive Democrat used material from a poem to muse about diversity at the highest levels of government. An excerpt: “I want a lesbian for president. I want a person with AIDS for president, and I want a gay man for vice president.”

“What are your thoughts?” Pierick, a conservative Republican, asked his Instagram followers. Some of their answers were not pretty, and Kapela accused her House colleague of fomenting hate.

By the way, those new House rules, including the social media policy, have not yet been posted on the Legislatureʻs website.

Get off my lawn: Reporters are no longer allowed into the press box on the mauka side of the Senate chamber at the State Capitol, as has been customary for years. Senate President Ron Kouchi sent a directive to the Senate Sergeant-at-Arms, and the Senate Communications Office is now enforcing it.

There is no such restriction for the press box in the House chamber, located on the makai side.

“The Senate and House have different protocols,” said Senate Communications Director Kathleen Lee. “This year, access to the box on the Senate Floor is restricted to Senate staff only for security purposes and to accommodate the needs for Senate staff. Media can contact the Communications Office to schedule interviews with the senators before or after floor session.”

That’s too bad, as hanging out in the press box is a great way to get direct access to legislators on the floor before and after sessions as well as during recesses.

The Blog wonders if the location of the Senate press box has anything to do with the new prohibition, as it’s positioned right behind the desks of Ways and Means Chair Donovan Dela Cruz and several of his allies. They haven’t be returning our calls for months now.

Unemployment insurance: Scott Saiki, the former House speaker who lost a close reelection bid last year, is now employed full-time at the state Department of Commerce and Consumer Affairs as a special assistant to the director on insurance matters.

The Blog reported in September, not long after the Democratic primary, that Saiki was being considered to replace Gordon Ito, the insurance commissioner at DCCA. Ito was nominated last year by President Joe Biden to be the independent insurance expert on the Financial Stability Oversight Council.

Ito, according to DCCA, is still the commissioner. The agency said it is unaware of the current standing of his nomination, “as it is a congressional matter.”

Saiki, an attorney, spent 30 years in the state House of Representatives.

Advise and consent: Gov. Josh Green is busy submitting appointments to the Senate for consideration. Here’s a couple that got The Blog’s attention:

• Dwight Takamine has been nominated to be chair of the Hawai‘i Labor Relations Board. Takamine is a former state legislator and director of the Department of Labor and Industrial Relations who had been rumored to be Green’s pick to replace the late Rep. Mark Nakashima. Matthias Kusch got the job instead.
• Andrew Pereira has been nominated to serve on the Stadium Authority. He is currently director of public affairs for Pacific Resource Partnership, a former flack with Communications Pacific and the City and County of Honolulu, and a former reporter with KITV.
• Barbara Polk has been nominated to continue serving on the Campaign Spending Commission. She is a former board member of Common Cause Hawaiʻi who has held a range of positions in the University of Hawaiʻi System.
• Archie Kalepa has been nominated to continue serving on the Hawaiian Homes Commission. He is an ocean safety expert and advocate for Hawaiian culture.
• Trisha Watson has been nominated to serve on the Hawai‘i Historic Places Review Board. She is owner and president of Honua Consulting.

Fighting fireworks: Anyone wondering whether the Legislature will get serious about cracking down on illegal fireworks should listen to Senate President Ron Kouchi and House Speaker Nadine Nakamura talk about what’s planned for this legislative session at last week’s Civil Beat event about what’s on tap for this year’s legislative session. The discussion starts right off the bat, about 3 minutes in.

The fatal accident on New Year’s Eve on Oʻahu, that killed four people including a 3-year-old, was clearly on their minds. And, The Blog would like to remind everyone that except for firecrackers with a permit, all fireworks, not just aerials, are against the law on Oʻahu. Even sparklers and smoke bombs.

Nakamura and Kouchi both touted the work of the state’s Illegal Fireworks Task Force and signaled they would support beefing that up. As Kouchi put it, directing money to the state Sheriff Division to get a handle on fireworks enforcement is much better than paying for the deputies to do traffic stops on city streets, an effort that just duplicates the local cops.

An audience member asked if they would support allowing fireworks for just a few hours on New Year’s Eve, with a strict cutoff at 1 a.m.

“Not in favor of that,” Kouchi said. “We’re trying to figure out how to stop them. With the incredible cost of life that was involved (on New Year’s Eve) I’m just hoping that this is the tipping point to finally get the political will to put in the stiffer penalties.”

His wife told him that on Kauaʻi, where the Senate president lives, fireworks were going off again just days after the Oʻahu fatalities.

“Where’s the deterrence? Where’s the comprehension?” a frustrated Kouchi said. “What does it take for people to get some personal responsibility? To care about others that they’re injuring, not just themselves?”

Sounds to The Blog like there might be some real progress made on stopping the barrage of fireworks if Kouchi has his way. And he’s in charge.

Here’s a list of most of the fireworks bills that were introduced by the Legislature’s deadline Thursday, along with the bill’s sponsors. Click the highlighted link to get specific details on each measure.

HB 55 – Convert some fireworks offenses to Class C felonies. —Souza, Lamosao, Kapela, Poepoe

HB 83 – Increases penalties for fireworks violations. —Kong

HB 187 – Increases fines that may be assessed against certain fireworks-related violations. —Lamosao, Chun

HB 200 – Fireworks restrictions. —Ichiyama

HB 414 – Amends the definition of “cultural.” Prohibits the use of consumer fireworks except for cultural use by permit. —Nakamura by request

HB 508 – Continues the Illegal Fireworks Task Force and funds it. —Ichiyama

HB 550 – Allows law enforcement to use drones to combat illegal fireworks. —Chun, Belatti, Evslin, Garrett, Iwamoto, Kitagawa, Lamosao, M. Lee, Lowen, Marten, Miyake, Morikawa, Olds, Poepoe, Quinlan, Sayama, Tanekouchi, Tam Todd –

HB 607 – Makes it a Class A felony for serious bodily injury from fireworks. —Souza, Kong, Tam 

HB 608 – establishes a shipping container inspection program. —Souza, Cochran, Iwamoto, Perruso 

HB 633 – Prohibits fireworks. —Pierick

HB 806 – Provides money for police to conduct stings on Oʻahu for fireworks and provides for retired public employees who are convicted of felony firearms offense to lose half their pension. —Matayoshi, Amato, Chun, Garrett, Iwamoto, Kila, Kitagawa, La Chica, Lamosao, M. Lee, Lowen, Marten, Miyake, Olds, Perruso, Pierick, Poepoe, Sayama, Takayama, Takenouchi, Tam, Tarnas, Todd

HB 895 – Appropriates monies to the county police departments for fireworks enforcement. —Pierick, Ward

HB 1005 – Amends multiple definitions and penalties for fireworks offenses, including heightened penalties if another person suffers substantial bodily injury, serious bodily injury, or death as a result of the fireworks offenses. —Nakamura

HB 1305 – Requires the Department Education, in coordination with the Department of Health, to develop a fireworks education and marketing program for implementation in schools. —Iwamoto, Amato, Cochran, Marten, Pierick

SB 1615 – Requires the Department Education, in coordination with the Department of Health, to develop a fireworks education and marketing program for implementation in schools. —Chang

HB 1483 – Establishes an adjudication system and procedures to process fireworks infractions. —Matayoshi, Amato, Belatti, Chun, Cochran, Evslin, Garrett, Grandinetti, Ilagan, Kila, Kitagawa, Kusch, La Chica, Lamosao, Lee, Lowen, Marten, Matsumoto, Miyake, Perruso, Poepoe, Quinlan, Sayama, Shimizu, Souza, Takayama, Tam, Tarnas, Templo

SB 222 – Extends Illegal Fireworks Task Force plus money for it. —Elefante, Aquino, Chang, Hashimoto, Kanuha, McKelvey, Moriwaki, Richards, Ihara, San Buenaventura, Wakai

SB 227 – Establishes the Illegal Fireworks Enforcement Division within the Department of Law Enforcement. —Elefante, Aquino, Chang, Fevella, Fukunaga, Gabbard, Inouye, Kanuha, Rhoads, Wakai 

SB 302 – State Fire Council package: Prohibits fireworks statewide except by permit or for cultural use. —Kouchi by request

SB 413 – Fireworks Control Law: Civil liability – allows civil lawsuits for fireworks violations. —McKelvey, Chang, Fevella, Gabbard, Wakai, San Buenaventura –

SB 476 – Fines for illegal fireworks. —Elefante, Aquino, Chang, Fevella, Gabbard, Kanuha, Kidani, Kim, McElvey, Moriwaki, Rhoads, Hashimoto, Richards, Wakai  

SB 611 – Prohibits fireworks except consumer fireworks, no permit needed for consumer fireworks. —Fevella, Fukunaga, Gabbard, Kidani, Hashimoto, Wakai

SB 1052 – Reduces penalty for less than 25 lbs of fireworks to a civil violation. —Keohokalole, Aquino, San Buenaventura

SB 1226 – establishes the Shipping Container Inspection program. —Rhoads, Aquino, Chang, Elefante, Gabbard, Kidani, McKelvey, Richards, Fukunaga, Keohokalole, Moriwaki, San Buenaventura, Wakai
SB 1324 – Amends multiple definitions and penalties for fireworks offenses, including heightened penalties if another person suffers substantial bodily injury, serious bodily injury, or death as a result of the fireworks offenses. —Kouchi (by request)