Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Consumer Protection & Commerce, to which was referred S.B. No. 625, S.D. 1, entitled:

begs leave to report as follows:

The purpose of this bill is to make public, educational, and governmental (PEG) access organizations more accountable to the public by requiring the Department of Commerce and Consumer Affairs (DCCA) to include in PEG access organization contracts with DCCA, minimum requirements for public access to the records and meetings of PEG access organizations.

The Department of Commerce and Consumer Affairs and a private citizen submitted testimony in support of the intent of the measure, but with amendments. Olelo Community Television and two private citizens submitted testimony in opposition to this bill. The Office of Information Practices submitted comments.

Your Committee finds that public access to PEG organization records is critical to ensure the organizations' accountability. However, although the various PEG organizations are supported by funding from public cable subscribers, they differ in their policies for public access to board meetings and meeting records. This measure will help to secure the public's right to participate in PEG organization meetings and to access meeting records.

Your Committee has amended this measure by requiring DCCA to include the records requirements of chapter 92F, Hawaii Revised Statutes, the Uniform Information Practices Act (UIPA), in PEG access organization contracts, thus setting UIPA as the standard for public access to the records of these organizations.

As affirmed by the record of votes of the members of your Committee on Consumer Protection & Commerce that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 625, S.D. 1, as amended herein, and recommends that it be referred to the Committee on Judiciary in the form attached hereto as S.B. No. 625, S.D. 1, H.D. 1.