STAND. COM. REP. NO. 2751

                                   Honolulu, Hawaii
                                                     , 2000

                                   RE:  S.B. No. 2416
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 2000
State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which
was referred S.B. No. 2416 entitled: 

     "A BILL FOR AN ACT RELATING TO PUBLIC ACCESS,"

begs leave to report as follows:

     The purpose of this measure is to allow public access
organizations greater autonomy in appointing the members of their
governing boards. 

     Testimony on the measure was submitted by the Administrator,
Cable Television Division, Department of Commerce and Consumer
Affairs, 'Olelo: The Corporation for Community Television, Akaku:
Maui Community Television, Common Cause Hawaii, and several
individuals.

     Currently, the Department of Commerce and Consumer Affairs
(DCCA) appoints the majority of the board members for the
nonprofit corporations that manage public, educational, and
governmental access to television.  This measure authorizes these
public access organizations to amend their by-laws to allow the
organization to appoint the board members formerly appointed by
DCCA, upon the condition that the public access organizations
open their board meetings to the public and otherwise comply with
the state sunshine laws.

     Your Committee finds that concerns have been raised about
the management of public access organizations and the need for
greater community input with respect to their operations and

 
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policies.  However, your Committee further finds that these
concerns may be better addressed by requiring that the public
access organizations open their meetings and records to the
public, rather than by removing DCCA's oversight and allowing the
organizations to appoint their board members.  Since the public
access organizations receive most of their funding from
government-mandated cable access fees or government-funded
grants, they should be held accountable to the public.   

     Therefore, your Committee has amended this measure by
replacing its contents with language that requires DCCA to
establish as a condition of its contracts with public access
organizations that the organizations comply with the sunshine
laws and the Uniform Information Practices Act.

     As affirmed by the record of votes of the members of your
Committee on Commerce and Consumer Protection that is attached to
this report, your Committee is in accord with the intent and
purpose of S.B. No. 2416, as amended herein, and recommends that
it pass Second Reading in the form attached hereto as S.B.
No. 2416, S.D. 1, and be placed on the calendar for Third
Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Commerce and
                                   Consumer Protection,



                                   ______________________________
                                   BRIAN KANNO, Co-Chair



                                   ______________________________
                                   BRIAN T. TANIGUCHI, Co-Chair

 
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