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THE SENATE |
S.C.R. NO. |
93 |
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TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 1 |
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STATE OF HAWAII |
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RESOLUTION
REQUESTING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS AND THE ATTORNEY GENERAL TO IMPLEMENT MEASURES TO PROVIDE A SMOOTH TRANSITION FOR PUBLIC, EDUCATION, AND GOVERNMENT ACCESS ORGANIZATIONS SHOULD IT BE DETERMINED BY THE STATE PROCUREMENT OFFICE THAT THESE ORGANIZATIONS ARE SUBJECT TO THE STATE PROCUREMENT LAW.
WHEREAS, the Department of Commerce and Consumer Affairs (DCCA) entered into and renegotiated contracts between 1990 and 1999 with the following four public, education, and government (PEG) access organizations: Olelo Community Television; Akaku: Maui Community Television; Hoike: Kauai Community Television; and Na Leo O Hawaii; and
WHEREAS, Chapter 103D, Hawaii Revised Statutes, the State procurement law, was not in effect when two of these contracts were initially entered into,
WHEREAS, the DCCA was not aware that these PEG contracts were subject to the state procurement law at the time the two contracts were renegotiated and two new contracts were entered into by the DCCA;
WHEREAS, the Department of the Attorney General informed the DCCA some time after December 2003 that contracts with the PEG access organizations must comply with the state procurement law; and
WHEREAS, to provide continuous, high-quality PEG services to the public, the DCCA needs to rely on consistent providers; and
WHEREAS, problems with purchases of equipment and long-term maintenance of this equipment by the current PEG access organizations may arise for the DCCA and the current PEG access organizations with the application of the state procurement law; and
WHEREAS, the application of the state procurement law to the contract process between the DCCA and the current PEG access organizations may disrupt the consistent provision of service and long-term maintenance of equipment; and
WHEREAS, the current PEG access organizations are funded primarily through annual PEG access fees that the local cable operator is required to pay pursuant to DCCA franchise orders; and
WHEREAS, the current PEG access organizations do not receive any governmental monies from the state general fund or the DCCA Compliance Resolution Fund; and
WHEREAS, it is the Legislature's understanding that the state administration opposes exempting the PEG access organizations from the state procurement law; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2006, the House of Representatives concurring, that the DCCA and the Attorney General implement measures to provide a smooth transition to PEG access organizations should it be finally determined by the State Procurement Office that the PEG access organizations are subject to the state procurement law; and
BE IT FURTHER RESOLVED that the DCCA and the Attorney General are requested to:
(1) Make available for public inspection and copying the Attorney General's opinion that contracts with the PEG access organizations are subject to the state procurement law;
(2) Extend all existing contracts with the PEG access organizations for an additional year to ensure that there is no reduction in the extent or quality of broadcasts in all access areas;
(3) Work with the PEG access organizations and other interested persons to develop documents and procedures that will help to ensure that the extent and quality of future broadcasts in all access areas will be maintained, at minimum, in their current states; and
BE IT FURTHER RESOLVED that the DCCA is requested to submit a report to the Legislature not later than twenty days prior to the convening of the Regular Session of 2007 that:
(1) Describes the processes followed by the DCCA in working with the PEG access organizations;
(2) Identifies any problem areas encountered by the DCCA in its efforts to develop the documents and procedures described in paragraph (3) of the preceding clause; and
(3) Provides needed or recommended modifications to existing statutes to further the goals stated in this concurrent resolution; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Commerce and Consumer Affairs, the Administrator of the Cable Television Division, the Attorney General, and the executive directors and chairpersons of the boards of Olelo Community Television; Akaku: Maui Community Television; Hoike: Kauai Community Television; and Na Leo O Hawaii.
Report Title:
Request that DCCA and Attorney General Make Smooth Transition for PEG Access Organizations to State Procurement Law