THE SENATE

S.C.R. NO.

38

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


SENATE CONCURRENT

RESOLUTION

 

requesting the auditor to review THE ACTIONS AND POLICIES OF THE Department of the Attorney General WITH REGARD TO ITS INVESTIGATION AND PROSECUTION OF PUBLIC BENEFIT CORPORATIONS UNDER THE HAWAII NONPROFIT CORPORATIONS ACT.

 

 

WHEREAS, the Department of the Attorney General (Attorney General) is charged with prosecuting cases involving violations of nonprofit corporations law pursuant to chapter 414D, Hawaii Revised Statutes (HRS); and

WHEREAS, the Attorney General is required to investigate alleged violations of the law when the Attorney General determines that an investigation would be in the public interest pursuant to section 28-2.5, HRS; and

WHEREAS, the Legislature expects that the Attorney General will be vigilant and active in detecting offenders, and will prosecute the same with diligence pursuant to section 28-2, HRS; and

WHEREAS, it has been alleged that the Attorney General has not been sufficiently vigilant and active in detecting offenders and not prosecuting the same with diligence by failing to take appropriate action against directors of foundations accused of self-dealing and mismanagement in violation of sections 414D-16, 414D-149, and 414D-150, HRS, while at the same time expending an inordinate amount of time investigating entities that arguably should not be targeted for investigation; and

WHEREAS, there is a need to ensure that the Attorney General is not acting in an arbitrary and capricious manner in determining which entities to investigate, without regard for the benefit and welfare of the people of the State; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, the House of Representatives concurring, that the Auditor is requested to review the actions and policies of the Attorney General with regard to its investigation and prosecution of directors of public benefit corporations under the Hawaii Nonprofit Corporations Act; and

BE IT FURTHER RESOLVED that the Attorney General is requested to cooperate with and provide assistance to the Auditor with respect to the Auditor's review; and

BE IT FURTHER RESOLVED that the Auditor is requested to report findings and recommendations to the Legislature no later than twenty days prior to the convening of the Regular Session of 2006; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Auditor and the Attorney General.

 

 

 

OFFERED BY:

_____________________________

Report Title:

Auditor Study; Attorney General