URGING THE HOUSE OF REPRESENTATIVES TO ESTABLISH AN INVESTIGATIVE COMMITTEE PURSUANT TO CHAPTER 21, HAWAII REVISED STATUTES, TO INVESTIGATE ALLEGATIONS OF A JANUARY 20, 2022 PAYMENT FROM AN UNKNOWN INDIVIDUAL TO AN “INFLUENTIAL STATE LEGISLATOR” FOR THE PURPORTED USE IN AN EXISTING CAMPAIGN AT THE TIME, AND TO EXAMINE POSSIBLE VIOLATIONS OF STATE LAW, THE STATE ETHICS CODE, AND CAMPAIGN FINANCE PROVISIONS.

HR9

HOUSE OF REPRESENTATIVES

H.R. NO.

9

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

HOUSE RESOLUTION

URGING THE HOUSE OF
REPRESENTATIVES TO ESTABLISH AN INVESTIGATIVE COMMITTEE PURSUANT TO CHAPTER 21,
HAWAII REVISED STATUTES, TO INVESTIGATE ALLEGATIONS OF A JANUARY 20, 2022
PAYMENT FROM AN UNKNOWN INDIVIDUAL TO AN �INFLUENTIAL STATE LEGISLATOR� FOR THE
PURPORTED USE IN AN EXISTING CAMPAIGN AT THE TIME, AND TO EXAMINE POSSIBLE
VIOLATIONS OF STATE LAW, THE STATE ETHICS CODE, AND CAMPAIGN FINANCE PROVISIONS.

����
WHEREAS,

on March
27, 2025, Honolulu Civil Beat published a news story titled "FBI Recorded
Hawaii Lawmaker Being Given $35,000," which included a document filed in
the United States District Court for the District of Hawaii on March 24, 2023
by the United States Attorney�s Office(�Government�s Motion for a Downward
Departure�) that was formerly sealed and improperly redacted which stated in
paragraph six that in 2022 former State Representative Ty Cullen, acting in
cooperation with federal law-enforcement authorities, made an undercover
recording of an unknown individual providing �an influential state legislator�
with approximately $35,000 for the purported use in �an existing campaign�; and

����
WHEREAS,

to date,
it appears no federal criminal charges have been filed against the �influential
state legislator,� whose identity remains undisclosed and who may still be
serving as a member of the Hawaii State Legislature; and

WHEREAS,

a member
of the House of Representatives from the Twenty-sixth Representative District,
Representative Della Au Belatti, wrote a letter to Acting United States
Attorney Kenneth M. Sorenson on May 19, 2025 stating in part: "It has been
over three years since your office learned about the unnamed influential state
legislator who received the $35,000 on January 20, 2022.
�
In the interest of justice, accountability,
and to promote good government, I respectfully request you, as the Acting
United States Attorney, release information from your office's investigations
immediately"; and

WHEREAS, Representative
Belatti and the Representative from the Forty-third Representative District,
Representative Kanani Souza, wrote an inquiry letter to the Attorney General's
Office, the Campaign Spending Commission, and the Hawaii State Ethics
Commission dated July 20, 2025; and

WHEREAS, the July 20, 2025
letter to the Attorney General's Office, the Campaign Spending Commission, and
the Hawaii State Ethics Commission stated in part: "Following
Representative Belatti's letter to Mr. Sorenson, which was also sent to your
offices, she met with him to discuss his office's policies regarding the
possible release of investigative reports to other law enforcement agencies. He
indicated during that meeting that if there were state law enforcement
officials interested in these reports, a request could be made directly to his
office and/or the Federal Bureau of Investigation"; and

WHEREAS,

Representatives
Belatti and Souza received written correspondence thereafter from the Campaign
Spending Commission dated July 22, 2025, the Attorney General's office dated
July 23, 2025, and the Hawaii State Ethics Commission dated July 31, 2025; and

WHEREAS,

in
particular, the July 23, 2025 letter from the Attorney General to
Representatives Belatti and Souza stated in part: "Should Acting United
States Attorney Kenneth M. Sorenson deem that state law enforcement assistance
with any federal investigation is appropriate, I have every confidence he will
make that request"; and

WHEREAS, the Speaker of the
House, Nadine K. Nakamura, wrote letters to the Attorney General dated November
7, 2025 and the Acting United States Attorney dated November 7, 2025 regarding
the $35,000 payment; and

WHEREAS, the Speaker of the
House stated in her November 7, 2025 letter to the Attorney General the
following in part: "Given the seriousness of the allegations and the
potential involvement of a current member of the Legislature, I respectfully
request that your office review the attached filing, and any other available
data, to determine whether any Hawai�i state laws may have been violated. I
recognize that a federal investigation may still be ongoing, and my request is
not intended to interfere with or duplicate federal efforts. However, if
warranted, I ask that you consider initiating an appropriate investigation or
referral to the relevant division within your department, in coordination with
federal authorities as necessary"; and

WHEREAS, the Attorney General
responded to the November 7, 2025 letter from the Speaker of the House in a
letter dated November 13, 2025, which states in part: "I have every
confidence that the Office of the United States Attorney is thoroughly investigating
the matter referenced in your letter. To the extent that the Department of the
Attorney General can assist in that effort, we welcome that wholeheartedly. The
Department of the Attorney General has forged a strong partnership with the
Office of the United States Attorney and federal law enforcement. My
Department�s Special Investigation and Prosecution Division was created by the
Legislature, in part, to investigate public-integrity and corruption crimes,
and some of its Deputy Attorneys General are specially designated Assistant
United States Attorneys. However, we cannot take any investigative steps that
could potentially undermine or interfere with that active federal
investigation"; and

WHEREAS, the Speaker of the
House inquired in her November 7, 2025 letter to the Acting United States
Attorney the following in part: "1. Is the federal investigation
referenced in the March 24, 2023 filing still active? 2. Would parallel
investigations by state authorities complement or potentially interfere with
your office�s work?"; and

WHEREAS, the United States
Attorney responded to the November 7, 2025 letter from the Speaker of the House
in a letter dated November 10, 2025, which states in part: "You have asked
two questions: 1. Is the federal investigation referenced in the March 24, 2023
filing still active?
As we have publicly represented to the District Court
in related FOIA litigation, our investigation is active.
2. Would parallel
investigations by state authorities compliment or potentially interfere with
your office�s work?
At this point a parallel investigation by state
authorities would potentially interfere with our investigation
"; and

WHEREAS, on or about January
5, 2026, former Federal Defender Alexander Silvert, a member of the public,
submitted a petition to the Speaker of the House pursuant to House Rule 46,
requesting that the House of Representatives, under its authority provided by
Chapter 21, Hawaii Revised Statutes, convene an investigative committee to look
into the $35,000 payment; and

WHEREAS, Silvert also
submitted the same petition to the Senate requesting that the President of the
Senate, pursuant to Senate Rule 67, under its authority provided by Chapter 21,
Hawaii Revised Statutes, convene an investigative committee to look into the
$35,000 payment; and

WHEREAS, the petition included
929 Hawaii resident signatures; and

����
WHEREAS,

on January
7, 2026, the Attorney General of the State of Hawaii announced in a press
release that the Attorney General and the United States Attorney�s office
agreed that a parallel state investigation regarding the $35,000 payment
recipient would interfere with the ongoing federal investigation; and

����
WHEREAS, on
January 14, 2026, Representatives Belatti and Souza, in addition to several
other Representatives, wrote a letter to Governor Josh Green stating in part:
"We are writing to request that you invoke your statutory power under
Hawaiʻi Revised Statutes (HRS) � 28-2.5(a) to direct the Attorney General
of the State of Hawaiʻi, Anne Lopez, to

immediately investigate the matter regarding the
$35,000 payment that was provided to an unknown state legislator in 2022 which
was secretly recorded by former State Representative Ty

Cullen and made public in March of 2025"; and

����
WHEREAS, on
January 14, 2026, Representatives Belatti and Souza, in addition to several
other Representatives, wrote a letter to Acting United States Attorney Kenneth
M. Sorenson stating in part the following: "In light of this
constitutional obligation to the people of Hawai�i and inasmuch as we respect

your duties and responsibilities, we ask that you
respect our constitutional obligations and answer the one question listed below
by Friday, January 16, 2026, so that we can appropriately

and timely address this matter when our legislative
session begins next week: Is the legislator who accepted the $35,000 in a paper
bag a current sitting legislator?"; and

����
WHEREAS, on
January 20, 2026, Representatives Belatti and Souza, in addition to several
other Representatives, wrote a letter to the Speaker of the House and the House
Chief Attorney, Reese Nakamura, stating in part: "Because of the
importance of these matters, please respond in writing to the following
questions at least 72 hours in advance of the Petition being presented to the
House pursuant to House Rule 46.2: (1) When will the Petition be presented to
the House pursuant to House Rule 46.2? (2) What are the procedures and rules
that apply to the deliberation and decisionmaking by the entire House on the
Petition and its request for the House to conduct a limited investigation into
the conduct of the legislator who accepted $35,000?"; and

����
WHEREAS, on
January 20, 2026, Representative Belatti received a phone call from the Acting
United States Attorney informing her that the Attorney General was commencing
an investigation regarding the $35,000 payment; and

����
WHEREAS,

on January
20, 2026, the Attorney General of the State of Hawaii reversed course and
announced in a press release that its office has initiated an investigation
regarding the $35,000 payment following an agreement by federal authorities to
share evidence; and

����
WHEREAS,

upholding the
doctrine of separation of powers, the executive branch has separate and
distinct duties from the legislative branch; and

����
WHEREAS,

Hawaii
Revised Statues �28-2.5 Investigations(a) states the following: "The
attorney general shall investigate alleged violations of the law when directed
to do so by the governor, or when the attorney general determines that an
investigation would be in the public interest"; and

����
WHEREAS
, Chapter 21, Hawaii
Revised Statues, authorizes either chamber
of the Legislature to establish investigative committees vested with the power
to issue subpoenas, administer oaths, compel the production of documents
,
and hold individuals in contempt if they fail to comply with a subpoena, among
other powers; and

����
WHEREAS,
Hawaii Revised Statues �21-3(b) Establishment of investigating committees by
legislature, states the following: �The concurrent or single house resolution
or statute establishing an investigating committee shall state the committee's
purposes, powers, duties and duration, the subject matter and scope of its
investigatory authority, and the number of its members"; and

����
WHEREAS,

the
investigative committee�s purpose is to (1) investigate the alleged 2022
transaction involving the delivery of $35,000 in cash or checks from an unknown
individual to an unidentified �influential state legislator,� (2) determine
whether any state criminal statutes, campaign finance laws, ethics rules, or
other laws were violated by any individual involved, (3) Examine the adequacy
of existing laws, rules, and enforcement mechanisms intended to prevent
corruption, bribery, improper influence, or misuse of campaign funds, (4)
Receive testimony, compel the attendance of witnesses, require the production
of records and documents, and conduct public hearings in accordance with
Chapter 21, Hawaii Revised Statutes; (5) Prepare findings and recommendations,
including legislative proposals to strengthen anti-corruption safeguards,
increase transparency, and improve ethical oversight within state government;
and (6) Refer any evidence of potential criminal, civil, or administrative
violations to the Attorney General, the Hawaii State Ethics Commission, the
Campaign Spending Commission, or any other appropriate authority; and

����
WHEREAS,

the
investigative committee�s powers shall include the entire scope of the
investigative committee�s authority under Chapter 21, Hawaii Revised Statues;
and

����
WHEREAS,

the
investigative committee�s duties shall include the investigation of the facts
and circumstances surrounding the $35,000 payment through its powers
established under Chapter 21, Hawaii Revised Statues, prepare findings and
recommendations, and refer any evidence of potential criminal, civil, or
administrative violations to the Attorney General, the Hawaii State Ethics
Commission, the Campaign Spending Commission, or any other appropriate
authority; and

WHEREAS, the investigative
committee shall exist until the completion of its duties, with no definitive
time frame; and

����
WHEREAS, the
subject matter and scope of the investigative committee's investigatory
authority shall encompass the facts and circumstances regarding the $35,000
payment that was provided in a brown paper bag to the unknown state legislator;
and

WHEREAS,

the
investigative committee shall consist of five members, of which one member
shall serve as the chairperson.
�
At least
one member from the minority party shall serve on the investigative committee;
and

WHEREAS, it is possible that
the $35,000 payment recipient may be a sitting member of the legislature or a
former member of the legislature working in the executive branch of state
government; and

WHEREAS, Mason's Manual of
Legislative Procedure, 2020 Edition, adopted as the parliamentary authority of
the House under House Rule 61, states in Chapter 74, Section 796, Part 1
Investigations Respecting Members: "Either house of the legislature has
the power to investigate and institute an inquiry into the truth of an alleged
bribery of any of its members or the members of a previous legislature
connected with its legislative functions.
�

In the exercise of such power, it must necessarily have the same power
to compel the attendance of witnesses before it or before a committee and
compel them to testify as in any other investigation"; and

WHEREAS, Mason's Manual of
Legislative Procedure, 2020 Edition, adopted as the parliamentary authority of
the House, states in Chapter 74, Section 798, Part 3 Method of Investigation by
a Legislative Body: "Where the legislature has constitutional power to
institute an investigation, the manner of conducting such investigation rests
on the sound discretion of the legislature"; and

WHEREAS, Mason's Manual of
Legislative Procedure, 2020 Edition, adopted as the parliamentary authority of
the House, states in Chapter 75, Section 805, Part 5 Maintaining Order in
Legislative Bodies: "A legislative body has the right to regulate its own
halls"; and

WHEREAS, transparency and
oversight are essential components of ethical governance and are necessary to
preserve public trust and ensure adherence to the rule of law; now, therefore,

����
BE IT
RESOLVED by the House of Representatives of the Thirty-third Legislature of the
State of Hawaii, Regular Session of 2026,

that the House of Representatives
establishes an Investigative Committee pursuant to Chapter 21, Hawaii Revised
Statutes to:

(1)

Investigate
the alleged 2022 transaction involving the delivery of $35,000 in cash or
checks from an unknown individual to an unidentified �influential state legislator�;

(2)

Determine
whether any state criminal statutes, campaign finance laws, ethics rules, or
other laws were violated by any individual involved;

(3)

Examine
the adequacy of existing laws, rules, and enforcement mechanisms intended to
prevent corruption, bribery, improper influence, or misuse of campaign funds;

(4)

Receive
testimony, compel the attendance of witnesses, require the production of
records and documents, and conduct public hearings in accordance with Chapter
21, Hawaii Revised Statutes;

(5)

Prepare
findings and recommendations, including legislative proposals to strengthen
anti-corruption safeguards, increase transparency, and improve ethical
oversight within state government; and

(6)

Refer
any evidence of potential criminal, civil, or administrative violations to the
Attorney General, the Hawaii State Ethics Commission, the Campaign Spending
Commission, or any other appropriate authority; and

����
BE IT FURTHER
RESOLVED that the Speaker of the House of Representatives shall appoint the
members of the investigative committee, designate the chairperson, and
authorize the committee to employ staff, legal counsel, or other resources
necessary to carry out its duties; and

����
BE IT FURTHER
RESOLVED that certified copies of this Resolution be transmitted to the
President of the Senate, the Attorney General, the Hawaii State Ethics
Commission, the Campaign Spending Commission, and the United States Attorney
for the District of Hawaii.

OFFERED BY:

_____________________________

Report Title:
�

Legislative Investigative Committee