STAND. COM. REP. NO. 244

Honolulu, Hawaii

RE:    S.B. No. 583

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Commerce and Consumer Protection, to which was referred S.B. No. 583 entitled:

"A BILL FOR AN ACT RELATING TO CABLE TELEVISION SYSTEMS,"

begs leave to report as follows:

     The purpose and intent of this measure is to authorize the Director of Commerce and Consumer Affairs to designate an access organization to oversee the development, operation, supervision, management, production, and broadcasting of programs of public, educational, or governmental access facilities not subject to public procurement requirements.

     Your Committee received testimony in support of this measure from the Department of Commerce and Consumer Affairs, Americans for Democratic Action/Hawai‘i, Akaku:  Maui Community Television, Ho‘ike:  Kauai Community Television, Inc., Maui Film Festival, Media Council of Hawai‘i, Community Alliance on Prisons, ‘Olelo Community Media, The Comedy Hui, MCCFDIA, and thirty-four individuals.  Your Committee received testimony in opposition to this measure from the State Procurement Office.

     Your Committee finds that the Senate has long supported the policy embodied in this measure.  Your Committee further finds that the public procurement process is particularly unsuited to the concerns and needs of the community media system because it does not allow for consideration of issues regarding public participation, quality of programming, diversity of viewpoints, and other matters unique to the mission of public access media.  In the context of public access media, the procurement process is inefficient, wasteful, and unproductive.  Your Committee also finds that this measure empowers the Director of Commerce and Consumer Affairs to exercise sufficient oversight of community media providers and that this function is an appropriate exercise of the Director of Commerce and Consumer Affairs' authority.

     As affirmed by the record of votes of the members of your Committee on Commerce and Consumer Protection that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 583 and recommends that it pass Second Reading and be referred to the Committee on Ways and Means.

Respectfully submitted on behalf of the members of the Committee on Commerce and Consumer Protection,

____________________________

ROSALYN H. BAKER, Chair