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HOUSE OF REPRESENTATIVES |
H.C.R. NO. |
358 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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HOUSE CONCURRENT
RESOLUTION
requestING THE DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS to establish a task force to solicit public input and examine methods other than the Public Procurement Code process to oversee Public, Education, and Government access organizations' expenditures and ensure proper checks and balances.
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, two of these PEG contracts were initially entered into prior to the effective date of Chapter 103D, Hawaii Revised Statutes, the Hawaii Public Procurement Code (state procurement code); and
WHEREAS, DCCA was not aware that these PEG contracts were subject to the state procurement code at the time the two contracts were renegotiated, and two new contracts were entered into by DCCA; and
WHEREAS, the Department of the Attorney General informed DCCA some time after December 2003 that contracts with PEG access organizations must comply with the state procurement code; and
WHEREAS, to provide continuous, high-quality PEG services to the public, DCCA needs to rely on consistent providers; and
WHEREAS, with the application of the state procurement code, problems with purchases of equipment and long-term maintenance of the equipment by current PEG access organizations may arise for the DCCA and current PEG access organizations; and
WHEREAS, the application of the state procurement code to the contract process between the DCCA and current PEG access organizations may disrupt the consistent provision of service and long-term maintenance of equipment; and
WHEREAS, 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, current PEG access organizations do not receive any governmental moneys from the state general fund or the DCCA Compliance Resolution Fund; and
WHEREAS, an alternative method needs to be found that allows PEGs to continue providing their valuable services to the state while ensuring proper expenditure of public funds; now, therefore,
BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that DCCA is requested to establish a task force to solicit public input and examine methods other than the Public Procurement Code process to oversee PEG expenditures and ensure proper checks and balances; and
BE IT FURTHER RESOLVED that the task force should also examine the selection process for PEG advisory board members; and
BE IT FURTHER RESOLVED that the task force should be comprised of 12 members, including:
(1) One representative each from the boards of Olelo Community Television; Akaku: Maui Community Television; Hoike: Kauai Community Television; and Na Leo O Hawaii;
(2) One representative from each county, appointed by the respective county's Mayor;
(3) The Director of Commerce and Consumer Affairs or the Director's designee;
(4) The Superintendent of Education or the Superintendent's designee;
(5) The President of the University of Hawaii or the President's designee; and
(6) The Chairperson of the Cable Access Committee or the Chairperson's designee;
and
BE IT FURTHER RESOLVED that recommendations made by the task force should take into account the first amendment rights of PEG; and
BE IT FURTHER RESOLVED that the task force is requested to submit a report of suggested policy changes to the Legislature no later than 20 days prior to the convening of the Regular Session of 2009; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Commerce and Consumer Affairs, Administrator of the State Procurement Office, President of the University of Hawaii, Superintendent of Education, the Mayors of each county, the Administrator of the Cable Television Division of the Department of Commerce and Consumer Affairs, 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.
Public, Education, and Government Access Organizations; State Procurement Code