SCR226

WHEREAS, in April 2007, during the preparation for and the course of the confirmation hearing of the Chairperson-nominee of the Board of Land and Natural Resources, the Senate Committee on Water, Land, Agriculture, and Hawaiian Affairs was informed of an ongoing criminal investigation by the Department of the Attorney General and an ethics probe by the State Ethics Commission; and

WHEREAS, the Department of the Attorney General and the State Ethics Commission indicated that the ongoing investigations were focused on the Bureau of Conveyances at the Department of Land and Natural Resources, and requested from the Senate Committee on Water, Land, Agriculture, and Hawaiian Affairs that questions and witnesses relating to the focus of the investigations be conducted in executive session to protect the confidentiality of and not jeopardize the investigations; and

WHEREAS, both investigations center on several concerns involving the security of recorded documents, private computer access with potential for tampering of such documents, and questionable personnel conduct and management at the Bureau of Conveyances and lack of accountability; and

WHEREAS, the Auditor's Report No. 06-04, Financial Audit of the Department of Land and Natural Resources, June 2006, indicated that the Bureau of Conveyances does not effectively manage its staff resources or meet its customer service requirements; and

WHEREAS, although overtime at the Bureau of Conveyances increased to address the work backlog, the Auditor's report further concluded that the work productivity had decreased; and

WHEREAS, individuals who appeared pursuant to a subpoena in front of the Senate Committee on Water, Land, Agriculture, and Hawaiian Affairs during the confirmation hearing for the Chairperson-nominee of the Board of Land and Natural Resources indicated a long history of factionalism, low employee morale, and personnel mismanagement within the Bureau of Conveyances; and

WHEREAS, furthermore, it was indicated that the ongoing investigations were focused on the information sharing agreements between the Bureau of Conveyances with private title companies, and allegations of preferential treatment among certain private title companies; and

WHEREAS, testimony of other individuals who appeared pursuant to a subpoena in front of the Senate Committee on Water, Land, Agriculture, and Hawaiian Affairs during the confirmation hearing as well as from the Chairperson-nominee, indicated that there was a lack of written contracts for the sharing of information of the Bureau of Conveyances, inadequate information sharing service subscription records, user fee schedules, or established rules and procedures for the use of this information sharing service; and

WHEREAS, the lack of additional information relating to the sharing of information developed into a source of great concern during the Senate confirmation process, and resulted in additional questions and concerns about the safety and security of the private and sensitive information that is held within the Bureau of Conveyances; and

WHEREAS, despite the ongoing investigations by the Department of the Attorney General and the State Ethics Commission, the Legislature is highly concerned with the security of recorded documents, private computer access and potential tampering of the documents as well as with the overall personnel and fiscal management of the Bureau of Conveyances; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the House of Representatives concurring, that:

(1) The Legislature hereby establishes a Joint Senate-House investigative committee pursuant to chapter 21, Hawaii Revised Statutes, to investigate the fiscal and personnel management of the Bureau of Conveyances at the Department of Land and Natural Resources;

(2) The purpose and the duties of the Joint Senate-House investigative committee and the subject matter and scope of its investigatory authority shall be to investigate, gather information, assess, and make recommendations to the Legislature concerning:

(A) The management of the employees and administrators of the Bureau of Conveyances;

(B) The fiscal management and accountability of the Bureau of Conveyances;

(C) The rules, procedures, and fee schedules relating to information sharing between the Bureau of Conveyances and private title companies and individual users/subscribers; and

(D) The security of recorded documents, access to such documents from private computers, and the potential for tampering of such documents;

(3) The Joint Senate-House investigative committee shall have every power and function allowed to an investigating committee by law, including without limitation the power to:

(A) Adopt rules for the conduct of its proceedings;

(B) Issue subpoenas requiring the attendance and testimony of witnesses and subpoenas duces tecum requiring the production of books, documents, records, papers, or other evidence in any matter pending before the investigative committee;

(C) Hold hearings appropriate for the performance of its duties, at such times and places as the investigative committee determines;

(D) Administer oaths and affirmations to witnesses at hearings of the investigative committee;

(E) Report or certify instances of contempt as provided in section 21-14, Hawaii Revised Statutes;

(F) Determine the means by which a record shall be made of its proceedings in which testimony or other evidence is demanded or adduced;

(G) Employ professional, technical, clerical, or other staff and expend such funds appropriated for Senate and House operating expenses for 2007 as necessary for the proper performance of its duties; and

(H) Exercise all other powers specified under chapter 21, Hawaii Revised Statutes, with respect to investigative committees;

(4) The Joint Senate-House investigative committee shall be appointed by the Senate President and the Speaker of the House of Representatives exclusively from the membership of the Senate and House of Representatives, respectively; provided that the investigative committee membership shall consist of not less than six members with an equal number of members from the Senate and House of Representatives;

(5) The Joint Senate-House investigative committee shall provide by rule for the submission, by a witness's own counsel and counsel for another individual or entity about whom the witness has devoted substantial or important portions of the witness's testimony, of written questions to be asked of the witness by the Co‑Chairs;

(6) The Joint Senate-House investigative committee shall provide by rule for the submission of proposed questions at a hearing in accordance with section 21‑11(b), Hawaii Revised Statutes;

(7) The Joint Senate-House investigative committee shall provide by rule that each witness intended to be called be given ten days notice of:

(A) The date and time of the witness's appearance;

(B) A short plain statement of the areas to be inquired into with respect to that witness's anticipated testimony; and

provided that these requirements shall not limit the Joint Senate-House investigative committee's discretion to inquire into related matters; provided further that the rules may provide that the Co‑Chairs may waive the ten days notice if the witness so agrees;

(8) The Joint Senate-House investigative committee shall provide by rules that a draft report of the investigative committee's findings and conclusions concerning any matter that is the subject of its hearings shall be made available to all those entities or persons who were the subject of or who were witnesses who testified at any hearing; provided that:

(A) Any person or entity to whom a draft report is made available shall be given a period of no less than fourteen days within which to make written responses to the draft findings or conclusions; and

(B) The written responses, if any, shall be included as an appendix to the final report of the Joint Senate-House investigative committee; and

(9) The Joint Senate-House investigative committee is authorized to exercise its powers continuously throughout the interim between the 2007 and 2008 Regular Sessions, and shall thereafter be dissolved unless further extended by the Senate and the House of Representatives; and

BE IT FURTHER RESOLVED that the Senate President and the Speaker of the House of Representatives, from time to time, may refer to the Joint Senate-House investigative committee specific matters that are within the scope of the investigative committee's jurisdiction, and that the investigative committee shall work in cooperation with the Senate President and Speaker of the House of Representatives for the purposes stated in this Concurrent Resolution; and

BE IT FURTHER RESOLVED that the Joint Senate-House investigative committee shall submit its written findings and recommendations to the Legislature not later than twenty days prior to the convening of the Regular Session of 2008; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the Chairperson of the Board of the Land and Natural Resources.

	OFFERED BY:	_____________________________

Report Title:

Joint Senate-House Investigative Committee; Bureau of Conveyances

THE SENATE	S.C.R. NO.	226
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII