Report Title:

PEG Board; Appointment

Description:

Clarifies that the director of commerce and consumer affairs does not have the authority to appoint public, educational, and governmental corporation board members.

THE SENATE	S.B. NO.	2608
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to PUBLIC, EDUCATION, AND GOVERNMENT ACCESS ORGANIZATIONS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The legislature finds that on June 16, 2006, the state procurement office declared that the department of commerce and consumer affairs' contracts for public, educational, and governmental access services were required to be awarded in accordance with the State's procurement code.  In response to that determination, the director of commerce and consumer affairs ceased the practice of appointing and removing members of the boards governing the State's four public, education, and governmental access organizations.  While state law has never provided the director with direct authority to appoint board members of public, educational, and governmental access organizations, each of these non-profit corporations had previously chosen, until recently, to provide the director with that authority in their bylaws.

     The purpose of this Act is to clarify that the director of commerce and consumer affairs does not have the statutory authority to select, appoint, and remove members of the State's public, education, and governmental access boards.

     SECTION 2.  Chapter 440G, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§440G-   Access organizations; director's authority. The director shall have no authority to, and shall not, appoint board members of any access organization."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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