State House lawmakers should adopt new conflict-of-interest rules to prevent lawmakers from voting on bills when they have direct personal or financial interests, the executive director of the state Ethics Commission told a House task force yesterday.

The House has an internal code of conduct that warns lawmakers against using their offices to advance personal or private interests but none of the conflict-of-interest rules in state ethics law apply to lawmakers.

"If the public is suspicious, then government really isn't going to work," said Dan Mollway, the commission's executive director.

The task force is considering the creation of a permanent House ethics committee that may be divided evenly between Democrats and Republicans. The committee would handle ethics complaints against lawmakers that may not fall within the jurisdiction of the Ethics Commission, such as conflicts of interest or outside conduct that casts the House in a poor light.

House leaders already have the power to form special committees to investigate lawmakers and recommend punishment to the full House, but such committees rarely have been used to police behavior.

Questions about conflicts of interest have come up in the House during the past two sessions. In 2006, state Rep. Jerry Chang, D-2nd (S. Hilo), privately told colleagues he had a potential conflict on a $50 million tax credit for a new motorsports facility at Kalaeloa. Chang had an ownership interest in a company that had offered to exchange land in Hilo with the state so motorsports developers could acquire the Kalaeloa parcel from the state. The bill was quickly tabled after Chang's disclosure.

Last session, state Rep. Rida Cabanilla, D-42nd (Waipahu, Honouliuli, 'Ewa), publicly apologized to her colleagues on the House floor for introducing a bill that could have helped her campaign treasurer open a new nursing home in Waipahu. Cabanilla asked that the bill be held.

Mollway said the rationale for not applying state conflict-of-interest rules to lawmakers has been that the Legislature is considered a part-time citizens' Legislature where many lawmakers hold other jobs. Strict conflict-of-interest rules may hinder lawmakers with outside jobs from voting on bills that have far-reaching effect. The state constitution also gives lawmakers legislative immunity that basically prevents the Ethics Commission or other outside agencies from addressing lawmakers' conflicts.

Mollway said lawmakers can be held accountable for conflicts by their own colleagues, by public criticism, or by voters at the ballot box.

Mollway suggested a House conflict-of-interest standard where lawmakers would be prohibited from voting on bills that affect them personally, rather than a broader class, such as lawyers or doctors. That standard is generally used now by House and Senate leaders when asked by lawmakers whether they have potential conflicts on bills.

State House Majority Leader Kirk Caldwell, D-24th (Manoa), who is leading the task force, said it will likely recommend a bill creating an ethics committee next session.

The state Senate, meanwhile, has not shown an interest in creating a similar ethics committee. State Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau), said Senate leaders, like the House, already can form special investigative committees to deal with ethics if necessary or refer questions to the Ethics Commission.

"I'm comfortable with the system that's in place," Hooser said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.