Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committee on Legislative Management, 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 require the Director of Commerce and Consumer Affairs to establish minimum requirements for public access to the meetings and meeting records of public, educational, and governmental (PEG) access organizations involved with cable television and to include these requirements in PEG access organization contracts.

The League of Women Voters testified in support of this bill. The Department of Commerce and Consumer Affairs (DCCA) and Olelo Community Television supported the intent of this bill. A concerned individual opposed this bill, and the Office of Information Practices (OIP) offered comments.

A PEG access organization was established in each county as a private, non-profit corporation under section 501(c)(3) of the Internal Revenue Code to oversee the development, operation, supervision, management, production, or broadcasting of programs for cable television channels. These independent entities include: Akaku: Maui Community Television, Inc., Hoike: Kauai Community Television, Inc., Na Leo O Hawaii, Inc., and Olelo Community Television.

OIP testified that because of the relationship between PEG access organizations and DCCA, these organizations should be considered "agencies" for the purpose of complying with the Uniform Information Practices Act (UIPA), and, therefore, the public should have access to the records of these organizations. However, the access organizations disagree and have not complied with the UIPA requirement. One access organization has gone to court to challenge this requirement. In moving this bill forward, your Committee does not intend to give the impression that PEG access organizations should be considered "state agencies" for any purpose, except as may be determined by law.

Finally, your Committee welcomes further clarification from Olelo Community Television as to how the provisions of this bill may not apply to all organizations that provide PEG access services.

As affirmed by the record of votes of the members of your Committee on Legislative Management that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 625, S.D. 1, and recommends that it pass Second Reading and be referred to the Committee on Consumer Protection & Commerce.