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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
186 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
requesting an investigation of the department of education budgeting process.
WHEREAS, moneys appropriated to the Department of Education may be allocated to the public schools through the use of a weighted student formula that takes into account the educational needs of each student; and
WHEREAS, the weighted student formula is developed by the committee on weights, which is tasked with creating a system of weights based upon student characteristics that may be applied to determine the relative cost of educating any student; and
WHEREAS, the committee on weights also determines which moneys shall be included in the amount of funds to be allocated through the weighted student formula; and
WHEREAS, public school principals are required to expend not less than seventy per cent of the total funds appropriated to the department; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the Senate concurring, that:
(1) The Legislature hereby establishes a Joint House-Senate investigating committee pursuant to chapter 21, Hawaii Revised Statutes, to investigate the budgeting process of the Department of Education, including the impacts of the weighted student formula and of small schools in the public school system on the budgeting process;
(2) The Joint House-Senate investigating 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 investigating committee;
(C) Hold hearings appropriate for the performance of its duties, at such times and places as the investigating committee determines;
(D) Administer oaths and affirmations to witnesses at hearings of the investigating 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 House and Senate operating expenses for 2013 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 investigating committees;
(3) The Joint House-Senate investigating committee shall be appointed by the Speaker of the House of Representatives and the Senate President exclusively from the membership of the House of Representatives and the Senate, respectively; provided that the investigating committee membership shall consist of not less than six members with an equal number of members from the House of Representatives and Senate;
(4) The Joint House-Senate investigating committee shall provide by rule for the submission of proposed questions at a hearing in accordance with section 21‑11(b), Hawaii Revised Statutes;
(5) The Joint House-Senate investigating 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
(C) A list of or copies of the principal documents about which that witness may be questioned;
provided that these requirements shall not limit the Joint House-Senate investigating 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;
(6) The Joint House-Senate investigating committee shall provide by rules that a draft report of the investigating 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 House-Senate investigating committee; and
(7) The Joint House-Senate investigating committee is authorized to exercise its powers continuously throughout the interim between the 2013 and 2014 Regular Sessions, and shall thereafter be dissolved unless further extended by the House of Representatives and Senate; and
BE IT FURTHER RESOLVED that the Speaker of the House of Representatives and Senate President, from time to time, may refer to the Joint House-Senate investigating committee specific matters that are within the scope of the investigating committee's jurisdiction, and that the investigating committee shall work in cooperation with the Speaker of the House of Representatives and Senate President for the purposes stated in this Concurrent Resolution; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the President of the Senate, the Speaker of the House of Representatives, the Chairperson of the Board of Education, and the Superintendent of Education.
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OFFERED BY: |
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Department of Education