Report Title:

Cable Television, Access Organization

Description:

Amends definition of "access organization" to exclude non-profit organizations, where one or more members of its board of directors have been appointed by the director of the department of commerce and consumer affairs.

THE SENATE

S.B. NO.

847

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC ACCESS CABLE TELEVISION.

 

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

SECTION 1. The legislature finds that the director of the department of commerce and consumer affairs currently appoints a majority of the members of the board of directors of nonprofit public access organizations that coordinate programming on designated public access cable television channels. The legislature further finds that sound public policy requires that a private, independent, nonprofit organization that is designated as a cable television access organization, should not be governed by a board of directors whose member(s) were appointed by the state official authorized to make that designation.

The purpose of this Act is to clarify the definition of "access organization" in chapter 440G, Hawaii Revised Statutes, by excluding an organization that has a member of its governing board appointed by the director of the department of commerce and consumer affairs.

SECTION 2. Section 440G-3, Hawaii Revised Statutes, is amended by amending the definition of "access organization" to read as follows:

""Access organization" means any nonprofit organization designated by the director to oversee the development, operation, supervision, management, production, or broadcasting of programs for any channels obtained under section 440G-8, and any officers, agents, and employees of such an organization with respect to matters within the course and scope of their employment by the access organization[.]; provided that no member of the access organization's board of directors shall have been appointed by the director of commerce and consumer affairs."

SECTION 3. As of the effective date of this Act, that portion of any contract or agreement between the State and the access organizations that requires members of the organization's board of directors to be appointed by the State, or any official or agency thereof, shall be void.

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on December 31, 2003.

INTRODUCED BY:

_____________________________