REPORT TITLE:
Legislative Investigations


DESCRIPTION:
Authorizes either house of the legislature to retain the services
of an independent auditor to conduct investigations.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        3167
THE SENATE                              S.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO INVESTIGATORY POWERS OF THE LEGISLATURE. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Chapter 21, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§21-    Legislative investigator; authorized.  (a)  Either
 
 5 house of the legislature may retain the services of an
 
 6 independent auditor or other qualified professional to act as an
 
 7 investigator on its behalf to ascertain whether or not further
 
 8 legislative investigations are warranted.
 
 9      (b)  The legislative investigator retained pursuant to
 
10 subsection (a) shall have all the powers invested in the
 
11 legislature by this chapter unless otherwise specified in a
 
12 contract by the house of the legislature retaining the
 
13 investigator."
 
14      SECTION 2.  (a)  The legislature shall establish an
 
15 investigating committee comprised of not less than five members
 
16 from each house whose duty shall be to investigate the process by
 
17 which the settlement between the State and tobacco industry was
 
18 agreed upon.  The committee members shall be appointed by the
 
19 presiding officers of each house.  The investigation shall
 

 
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 1 include but not be limited to:
 
 2      (1)  The terms and conditions of the settlement;
 
 3      (2)  How the terms and conditions of the settlement were
 
 4           formulated;
 
 5      (3)  How the process of awarding the contract as an outside
 
 6           counsel for representing the State's interests was
 
 7           executed;
 
 8      (4)  The relationship between how the settlement amount to
 
 9           be paid to the State relates to the sale of tobacco
 
10           products; and
 
11      (5)  Whether the proceeds realized by the State are being
 
12           properly allocated as mandated by the legislature in
 
13           Acts 188 and 304, Session Laws of Hawaii 1999.
 
14      (b)  The investigating committee shall have all the powers
 
15 enumerated in chapter 21, Hawaii Revised Statutes, at its
 
16 disposal to effectuate the purpose of this Act.
 
17      (c)  The investigating committee shall report its findings
 
18 and recommendations to the legislature not later than twenty days
 
19 prior to the convening of the 2001 regular session.  Upon the
 
20 filing of the report, the investigating committee shall be
 
21 discharged from any further duties unless otherwise authorized by
 
22 the legislature by means of a joint resolution.
 
23      SECTION 3.  There is appropriated out of the general
 

 
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 1 revenues of the State of Hawaii the sum of $          , or so
 
 2 much thereof as may be necessary for fiscal year 2000-2001, for
 
 3 the purpose of effectuating section 2 of this Act.
 
 4      SECTION 4.  The sum appropriated shall be expended by the
 
 5 senate for the purposes of this Act.
 
 6      SECTION 5.  New statutory material is underscored.
 
 7      SECTION 6.  This Act shall take effect upon its approval;
 
 8 provided that sections 3 and 4 shall take effect on July 1, 2000.
 
 9 
 
10                           INTRODUCED BY:  _______________________