H.B.1098 (& companion bill SB1847) – Procurement; Exemption for Public, Educational and Government Cable Access

House Committee on Consumer Protection and Commerce (CPC) - chair: Herkes, vice chair: McKelvey House Committee on Economic Development (EDB) - chair: Yamashita, vice chair: Wakai House Committee on Finance (FIN) - chair: Oshiro, vice chair: Lee

Tuesday, January 30, 2007,

Testifier: Sue Irvine & Carol Bain

Click here to view HB1098

The League of Women Voters of Hawaii created a study committee to carefully watch the Public Educational and Government (PEG) Cable Access in the state when the Department of Commerce and Consumer Affairs (DCCA) conducted input on PEG. In January, 2004, the DCCA released a PEG plan which states: "DCCA believes that openness and accountability are crucial". Since then, the LWV of Hawaii PEG committee has found: Over the past few years, it has been of concern to League’s state board that some public access stations have been reluctant to comply with HRS 92, our State “sunshine” law with which all state agencies must comply. At this time, the courts have ruled that the PEG stations need not comply with HRS 92 because, among other things, they are not providing a government function. This decision would seem to preclude allowing the PEG stations to be exempt from state procurement laws. The League finds no exceptional circumstances that warrant an exemption from state procurement law. League urges that in the competitive bidding process, the DCCA should include the requirement for any successful bidder to have full compliance with HRS92 Open Meetings Law and HRS92F Uniform Information Practices Act. The League agrees that the RFP process is a fair process using standard procurement methods that will result in healthy competition and encourage accountability. HB1098 and its companion bill in the Senate SB1847 will exempt contracts to provide public, educational, and government cable access services from state procurement code pursuant to chapter 103D. Therefore, do not support HB1098 or SB1847. Sincerely, Sue Irvine, President Carol D. Bain, secretary & PEG Study committee co-chair