Report Title:
Nonprofit Corporations; Sunshine Law; Information Practices
Description:
Requires nonprofit corporations that administer public, educational and governmental access channels in which the majority of board members are appointed by the State, to comply with the state sunshine law (chapter 92) and the Uniform Information Practices Act (chapter 92F); allows the Auditor to conduct audits. (SB1229 HD1)
THE SENATE |
S.B. NO. |
1229 |
TWENTY-SECOND LEGISLATURE, 2003 |
S.D. 1 |
|
STATE OF HAWAII |
H.D. 1 |
|
|
A BILL FOR AN ACT
RELATING TO NONPROFIT CORPORATIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the State's cable television public, educational, and governmental (PEG) access organizations are governmental entities for the purposes of the State's sunshine and open records laws. These nonprofit corporations were established pursuant to governmental authority to award and regulate cable franchises under chapter 440G, Hawaii Revised Statutes (HRS), are governed by boards composed of members the majority of which are appointed by State, and are funded by franchise fees that are required under the franchise agreement negotiated by the State.
The legislature finds that the State has a responsibility to ensure that these governmental organizations are open and accountable to the public.
On September 6, 2002, the office of information practices issued an opinion finding that the director of commerce and consumer affairs has considerable control over access organizations through the ability to appoint and remove a majority of members of their boards. The opinion also ruled that access organizations fall within the statutory definition of boards that are governed by chapter 92F, HRS, the State's open records law.
The purpose of this Act is to codify the opinion of the office of information practices to ensure that PEG access organization activities are open to the public pursuant to chapter 92, part I, the State's sunshine law, and chapter 92F, the State's open records law. This Act also provides for additional PEG access organization public accountability by allowing the auditor to conduct audits of these nonprofit corporations.
SECTION 2. Chapter 414D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§414D- Certain nonprofits required to comply with additional state laws. (a) Any corporation that administers public, educational, and governmental access channels whose bylaws provide that a government official or agency shall appoint, in the official's or agency's official capacity, a majority of the corporation's board of directors, shall be required to comply with the provisions of chapters 92 and 92F.
(b) The auditor may subpoena the records of and audit any corporation required to comply with subsection (a)."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on July 1, 2050.