Legislature(2003 - 2004)
05/16/2003 01:49 PM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE BILL NO. 45
An Act relating to the Legislative Budget and Audit
Committee.
SENATOR LYDA GREEN noted that SB 45 was an act related to
the Legislative Budget and Audit (LBA) Committee. The
statute lacks any penalties for those who are uncooperative
or who undermine the work of the committee. SB 45 is
designed to remedy that by providing prosecutors with the
necessary tools to deter and punish those who hinder the
investigative work of that committee.
A legislative auditor conducts three kinds of audits:
· A "look-see" at an agency;
· Review of boards due to sunset; and
· Post audits.
When concerns are presented to the Legislature, audits may
be conducted. Senator Green pointed out that audits
conducted this year have provided important legislative
information. The bill assigns a penalty for non-compliance
with an audit and includes provisions for "whistle blowers",
on Page 2, Section 4, to provide protection for employees.
Senator Green added that penalties and sanctions were
included since these situations can be serious.
Co-Chair Harris MOVED to ADOPT work draft #23-LS0205\W,
Luckhaupt, 5/15/03, as the version of the legislation before
the Committee. There being NO OBJECTION, it was adopted.
Representative Stoltze realized that when an audit is
performed, there are external forces that attempt to delay
the release of information. He asked if the legislation
would cover that concern.
PAT DAVIDSON, DIRECTOR, DIVISION OF LEGISLATIVE AUDIT,
responded that the legislation could address that
"indirectly". SB 45 will eliminate the obstruction during
the course of the audit, which will allow the audit to move
forward faster. The bill will enhance the efficiency and
timeliness of the audit process.
Representative Kerttula voiced appreciation for the
sponsor's changes. She referenced Page 3, Lines 9 & 10, "or
other matters within the authority of Legislative Budget and
Audit Committee". She asked for an example of the range
that language indicates.
Ms. Davidson explained that the Division of Legislative
Budget and Audit performs audits. The Division can be asked
to prepare reports, memorandums and/or other matters as
directed by the Committee. They attempt to approach all
official responsibilities that may be delegated under the
auspicious of the LBA Committee.
Representative Kerttula voiced concern of "how minimal" that
might be.
JACQUELINE TUPOU, STAFF, SENATOR LYDA GREEN, interjected
that when writing the legislation, it was agreed that the
whistle blower statute should be as broad as possible in
order to be able to access all information.
Representative Kerttula asked about the section of
information that allows going into the State employees
files. Information could be added to the file regarding if
that employee had been dismissed or disciplined for the
violation of interference with LBA. She asked if other
crimes were intended to be included in that language.
Ms. Davidson explained that because one of the penalties was
a disciplinary action regarding the personnel laws,
disciplinary laws are confidential. If someone had violated
the statute, the knowledge of that could not be concealed
through the confidentiality of the personnel records. The
language of the bill allows that misconduct be publicly
exposed.
TAPE HFC 03 - 98, Side B
Senator Green advised that the Department of Law was
initially opposed to the legislation, but clarified for the
record that they now do support current language.
SCOTT NORDSTRAND, DEPUTY ATTORNEY GENERAL, CIVIL DIVISION,
DEPARTMENT OF LAW, voiced the Department's support of the
current committee substitute and reiterated that the bill is
"workable".
Representative Foster MOVED to report HCS CS SB 45 (FIN) out
of Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
HCS CS SB 45 (FIN) was reported out of Committee with a
"do pass" recommendation and with zero fiscal note #1 by the
Department of Administration and a new zero note by the
Department of Law.
| Document Name | Date/Time | Subjects |
|---|