STAND

STAND. COM. REP. NO.3002

Honolulu, Hawaii

, 2002

RE: H.B. No. 2351

H.D. 1

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Economic Development and Technology and Transportation, Military Affairs and Government Operations, to which was referred H.B. No. 2351, H.D. 1, entitled:

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

beg leave to report as follows:

The purpose of this measure is to require vacancies on an access organization's board be filled by recommendation of the board; provided that appointment to the board shall be preceded by a public hearing held by the Department of Commerce and Consumer Affairs within two weeks of the board's initial recommendation.

Testimony supporting this measure was received from the Kokua Council and two individuals. Testimony opposing this measure was received from the Department of Commerce and Consumer Affairs, Olelo Community Television, Ho'ike on Kauai, Akaku: Maui Community Television, and Kauai Chapter League of Women Voters. Comments on this measure were received from five individuals.

Your Committees find that representation on an access organization's board should aspire to be well-balanced, diverse, in possession of the necessary expertise, and broadly representative of the local community. Although this measure represents a sincere attempt to accomplish those objectives, your Committees believe that the Senate version of this measure provides a better approach.

Therefore, your Committees have amended this measure by replacing its contents with the Senate version, S.B. No. 2255, S.D. 1, which:

(1) Provides that an access organization shall not have members on its board that are appointed by the Director of Commerce and Consumer Affairs;

(2) Requires in any future contract with an access organization, that the Department of Commerce and Consumer Affairs require the public access organization to comply with chapters 92 (Public Agency Meetings and Records) and 92F (Uniform Information Practices Act) of the Hawaii Revised Statutes; and

(3) Deems void any portion of a contract or agreement between the State and access organizations that require members of the organization's board to be appointed by the State.

As affirmed by the records of votes of the members of your Committees on Economic Development and Technology and Transportation, Military Affairs and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2351, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2351, H.D. 1, S.D. 1, and be referred to the Committees on Commerce, Consumer Protection and Housing and Ways and Means.

Respectfully submitted on behalf of the members of the Committees on Economic Development and Technology and Transportation, Military Affairs and Government Operations,

____________________________ CAL KAWAMOTO, Chair		____________________________ ROD TAM, Chair