REPORT TITLE:
Public Access


DESCRIPTION:
Appropriates funds so that legislative sessions can be broadcast
in streaming media format via the Internet.  Establishes a
childcare pilot program.  Transfers the sale and distribution of
all legislative publications from the Lt. Governor to the
Legislature.  (HB2194 HD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2194
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
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                   A  BILL  FOR  AN  ACT

RELATING TO PUBLIC ACCESS.



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

 1      SECTION 1.  The legislature finds that it is crucial to the
 
 2 decision-making of the legislature to have citizen involvement
 
 3 and input into the legislative process.  One of the most
 
 4 effective means of promoting citizen involvement and input into
 
 5 the legislative process is through public access.  The Hawaii
 
 6 state legislature has demonstrated its commitment to the
 
 7 principle of public access to the legislative process by creating
 
 8 programs such as the public access room, legislative broadcast
 
 9 project, and the legislative website that encourage education and
 
10 support for citizen involvement in the legislative process.
 
11 Hawaii is considered to be one of the country's models in the
 
12 development of public access programs, as evidenced by
 
13 complimentary commentaries in the national and local media.
 
14      The purpose of this Act is to further enhance public access
 
15 by:
 
16      (1)  Funding a legislative streaming media pilot project to
 
17           allow public access to the internet;
 
18      (2)  Establishing a childcare pilot program to allow parents
 
19           of young children to participate in the legislative
 
20           process; and
 

 
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 1      (3)  Transferring the sale and distribution of all
 
 2           legislative publications from the lieutenant governor
 
 3           to the legislature to increase public access to these
 
 4           publications.
 
 5                              PART I
 
 6      SECTION 2.  Televised coverage of state legislative sessions
 
 7 is an important source of information for citizen participation
 
 8 in public proceedings.  At present, some legislative sessions are
 
 9 available through the public broadcast project, but those are
 
10 only available to people who have access to cable television.
 
11 The legislature must reach out in all feasible ways to assure
 
12 that knowledge of the legislature's deliberations is as
 
13 widespread as possible.  One alternate method of broadcasting
 
14 legislative hearings to as many people as possible is the
 
15 publication of legislative events through video and audio on the
 
16 internet.  This process, called streaming media, is valuable in
 
17 that it allows the public to access legislative sessions whenever
 
18 they want, not merely at set times.  All it requires is a
 
19 standard dial-up connection to the internet, and free software
 
20 that is included with Internet Explorer and Netscape, the two
 
21 most popular internet web browsing systems.
 
22      These streaming media programs can be made available
 
23 wherever computers are made available, such as in public
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 libraries, schools, youth centers, and other public places.  It
 
 2 would increase public access at a very low cost to the State.
 
 3      The project will be undertaken by the Maui Research and
 
 4 Technology Center and Akaku, the public access organization of
 
 5 Maui.  The Maui Research and Technology Center will provide
 
 6 technology, expertise, and telecommunications resources.  Akaku
 
 7 will contribute its programming experience and partnership
 
 8 building skills.
 
 9      The purpose of this part is to appropriate funds for a pilot
 
10 streaming media project to allow legislative sessions to be
 
11 broadcast in streaming media format via the internet.
 
12      SECTION 3.  There is appropriated out of the general
 
13 revenues of the State of Hawaii the sum of $1 or so much thereof
 
14 as may be necessary for fiscal year 2000-2001 for a legislative
 
15 streaming media pilot project.
 
16      SECTION 4.  The sum appropriated shall be expended by the
 
17 legislature for the purposes of this part.
 
18                              PART II
 
19      SECTION 5.  Currently, many parents who would like to
 
20 participate in the legislative process are unable to because they
 
21 are parents of young children and lack adequate childcare
 
22 services.  To maintain its commitment to public access for all,
 
23 the legislature believes that a childcare pilot program should be
 
24 enacted to allow parents of children to participate in the
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 legislative process.  The pilot program would pay for the cost of
 
 2 childcare services for parents who testify in state legislative
 
 3 hearings.
 
 4      The purpose of this part is to establish a childcare pilot
 
 5 program to allow parents of young children to participate in the
 
 6 legislative process.
 
 7      SECTION 6.  There is appropriated out of the general
 
 8 revenues of the State of Hawaii the sum of $           or so much
 
 9 thereof as may be necessary for fiscal year 2000-2001 for a
 
10 childcare pilot program.
 
11      SECTION 7.  The sum appropriated shall be expended by the
 
12 legislature for the purposes of this part. 
 
13                             PART III
 
14      SECTION 8.  Currently, the statutory revision responsibility
 
15 resides with the legislature; however, the responsibility for
 
16 statutory sale and distribution resides with the lieutenant
 
17 governor.  Providing the legislature with full oversight over
 
18 publication, sale, and distribution would enable the legislature
 
19 to improve the usefulness of the statutory publications and
 
20 information and shift more rapidly toward placing all legislative
 
21 information online as a cost-savings and public access
 
22 enhancement.
 

 
 
 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      The purpose of this part is to transfer the sale and
 
 2 distribution of all legislative publications from the lieutenant
 
 3 governor to the legislature.
 
 4      SECTION 9.  Section 21D-5, Hawaii Revised Statutes, is
 
 5 amended by amending subsection (a) to read as follows:
 
 6      "(a)  There is established a Hawaii legislative publications
 
 7 special fund within the treasury of the State into which shall be
 
 8 deposited:
 
 9      (1)  All licensing fees or royalties derived from the
 
10           publication of the Hawaii Revised Statutes [in
 
11           electronic format];
 
12      (2)  All appropriations made by the legislature to the fund;
 
13           and
 
14      (3)  Any other proceeds derived from the publication and use
 
15           of other legislative publications and information
 
16           services [in an electronic format].
 
17      All interest accrued by the revenues of the fund shall
 
18 become part of the fund."
 
19      SECTION 10.  Section 23G-3, Hawaii Revised Statutes, is
 
20 amended to read as follows:
 
21      "§23G-3 General purposes of bureau.  The purpose of the
 
22 office of the legislative reference bureau shall be to:
 
23      (1)  Provide a comprehensive research and reference service
 
24           on legislative problems for the legislature;
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      (2)  Conduct impartial research, including legal research,
 
 2           as may be necessary for the enactment of substantive
 
 3           legislation, upon request by the legislature,
 
 4           legislative committees, or legislators, or on its own
 
 5           initiative;
 
 6      (3)  Disseminate its research findings to the legislature on
 
 7           all research projects undertaken upon the request of
 
 8           the legislature or legislative committees;
 
 9      (4)  Secure reports of various officers and boards of the
 
10           State and as far as may be of the states and of the
 
11           other territories of the United States and such other
 
12           material, periodicals, or books as will furnish the
 
13           fullest information practicable upon all matters
 
14           pertaining to current or proposed legislative problems;
 
15      (5)  Secure information for the legislature, legislative
 
16           committees, and legislators by cooperating with the
 
17           legislative reference services in the states and with
 
18           the legislative service conference maintained by the
 
19           council of state governments;
 
20      (6)  Maintain a reference library for use by the legislature
 
21           and legislative service agencies.  Subject to the
 
22           priorities established by the director, reference
 
23           materials may be made available to the various
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1           departments and agencies of the State and the general
 
 2           public;
 
 3      (7)  Draft or aid in drafting bills, resolutions, memorials,
 
 4           and amendments thereto, including committee reports,
 
 5           for the legislature, legislative committees, and
 
 6           legislators when requested;
 
 7      (8)  Control and maintain the operations of any legislative
 
 8           data processing program as may be established;
 
 9      (9)  Serve, upon request, in an advisory capacity to the
 
10           legislature and its committees on all matters within
 
11           its competencies and responsibilities;
 
12     (10)  Assist, upon request, legislative service agencies on
 
13           matters within its competency;
 
14     (11)  Perform the [function] functions of statute revision,
 
15           and publication [of], sale, and distribution of all
 
16           legislative publications, including but not limited to
 
17           session laws, supplements, and replacement volumes, and
 
18           the recordation of all legislative and gubernatorial
 
19           acts; and
 
20     (12)  Maintain the public access room established by chapter
 
21           21G."
 
22      SECTION 11.  Section 23G-18, Hawaii Revised Statutes, is
 
23 amended to read as follows:
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1      "§23G-18  Sale and distribution.  The session laws,
 
 2 supplements, and replacement volumes shall be sold and
 
 3 distributed by the [lieutenant governor] legislature at a price
 
 4 fixed by the [lieutenant governor.] legislature.  The money
 
 5 received therefor shall be paid into the state treasury to the
 
 6 credit of the [general] Hawaii legislative publications special
 
 7 fund[.] established under section 21D-5.  The [lieutenant
 
 8 governor] legislature may furnish the session laws, supplements,
 
 9 and replacement volumes to public officials for official use free
 
10 of charge.  As used in this chapter, public officials include
 
11 officials of the state and county governments, of the
 
12 congressional delegation of the State, of the United States
 
13 District Court, District of Hawaii, and of the United States
 
14 Attorney's Office in Hawaii."
 
15      SECTION 12.  Section 26-1, Hawaii Revised Statutes, is
 
16 amended by amending subsection (a) to read as follows:
 
17      "(a)  Except as otherwise provided by law, the lieutenant
 
18 governor is designated the secretary of state for
 
19 intergovernmental relations and shall perform the duties and
 
20 functions heretofore exercised by the secretary of Hawaii.  The
 
21 duties and functions shall include[,] but not be limited to,
 
22 [recordation of all legislative and gubernatorial acts,]
 
23 certification of state documents[,] and maintenance of an
 
24 official file of rules adopted by state departments as provided
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 in chapter 91.  The lieutenant governor may employ staff as
 
 2 necessary without regard to chapters 76 and 77."
 
 3      SECTION 13.  Section 93-15, Hawaii Revised Statutes, is
 
 4 amended to read as follows:
 
 5      "[[]§93-15  Legislative journals; sale and distribution.[]]
 
 6 The journals of the senate and house of representatives,
 
 7 published in accordance with the rules of each house of the
 
 8 legislature, shall be sold and distributed to the public by the
 
 9 [lieutenant governor] legislature at a price fixed by the
 
10 [lieutenant governor.] legislature.  The money received therefor
 
11 shall be paid into the state treasury to the credit of the
 
12 [general] Hawaii legislative publications special fund.  The
 
13 [lieutenant governor] legislature may furnish the journals of the
 
14 senate and house of representatives to public officials free of
 
15 charge.
 
16      As used in this section, [public officials] "public
 
17 official" include officials of the state and county governments,
 
18 of the congressional delegation of the State, of the United
 
19 States District Court, District of Hawaii, and of the United
 
20 States Attorney's Office in Hawaii."
 
21      SECTION 14.  The joint legislative management committee
 
22 established under section 21E-2, Hawaii Revised Statutes, shall
 
23 oversee the transition of control over the sale, disbursement,
 
24 storage, and other ancillary concerns related to the
 

 
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                                     H.B. NO.           H.D. 2
                                                        
                                                        

 
 1 legislature's assuming control of legislative publications
 
 2 covered in this part.  The joint legislative management committee
 
 3 is authorized, with the prior approval of the senate president
 
 4 and the speaker of the house of representatives, to enter into
 
 5 agreements with the office of the lieutenant governor, the
 
 6 legislative reference bureau, and any other public or private
 
 7 entity to ensure the efficient transfer of control and the
 
 8 storage of legislative publications from the office of the
 
 9 lieutenant governor to the legislature.
 
10      SECTION 15.  There is appropriated out of the general
 
11 revenues of the State of Hawaii the sum of $      or so much
 
12 thereof as may be necessary for fiscal year 2001-2002 to transfer
 
13 the sale and distribution of all legislative publications from
 
14 the lieutenant governor to the legislature.
 
15      The sum appropriated shall be expended by the legislature
 
16 for the purposes of this part.
 
17                              PART IV
 
18      SECTION 16.  Statutory material to be repealed is bracketed.
 
19 New statutory material is underscored.
 
20      SECTION 17.  This Act shall take effect on July 1, 2000;
 
21 provided that part III shall take effect on July 1, 2001.