Bill Text: HI SCR142 | 2013 | Regular Session | Introduced

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Bill Title: Video Programming Service Providers; Study

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2013-03-27 - The committee on CPN deferred the measure. [SCR142 Detail]

Download: Hawaii-2013-SCR142-Introduced.html

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THE SENATE	S.C.R. NO.	142
TWENTY-SEVENTH LEGISLATURE, 2013
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

requesting the department of commerce and consumer affairs and the department of taxation to conduct a study examining the parity of the current tax fee structure imposed on video programming service providers.

 

 

     WHEREAS, video programming service providers deliver video programming services, usually for a subscription fee; and

 

     WHEREAS, all companies that provide video programming services benefit from state and local laws and policies that facilitate the provision of the programming signal to its paying customers; and

 

     WHEREAS, in Hawaii, providers of cable video programming services are required to pay a franchise fee based on income received from subscribers for cable services rendered; and

 

     WHEREAS, currently, franchise fees are imposed on certain video programming service providers, but not all providers; and

 

     WHEREAS, franchise fees were established prior to technological advances, and only the methods of delivery that were established at the time of the creation of the franchise fees are subject to payment; and

 

     WHEREAS, providers of video programming use various new and constantly evolving technologies to deliver video programming to homes, businesses, and other customers throughout Hawaii for a fee and, therefore, are not subject to the required franchise fees; and

 

     WHEREAS, the competition among video programming services providers has increased significantly over the years and will continue to do so, thus increasing the need for new and innovative methods of delivery for providers and, consequently, requiring state regulatory agencies to keep pace with the rapidly changing market; and

 

     WHEREAS, states should "level the playing field" for all video programming service providers and require all providers to pay the franchise fee; and

 

     WHEREAS, Hawaii consumers should be provided a tax- and fee-neutral choice among video programming service providers and functionally equivalent services should be taxed in a similar manner, regardless of the provider's method of delivery of services; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-seventh Legislature of the State of Hawaii, Regular Session of 2013, the House of Representatives concurring, requests the Department of Commerce and Consumer Affairs and the Department of Taxation to conduct a study to review the parity of the current tax and fee structure applicable to all video programming services providing service to Hawaii customers; and

 

     BE IT FURTHER RESOLVED that it is requested that the study identify all video programming service providers that provide services to Hawaii customers and a comparison of each provider's tax and fee structure as required by Hawaii state laws; and

 

     BE IT FURTHER RESOLVED that the Department of Commerce and Consumer Affairs and the Department of Taxation are requested to submit a report of their findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2014; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Director of Commerce and Consumer Affairs and the Director of Taxation.

 

 

 

	OFFERED BY:	_____________________________

Report Title: 

Video Programming Service Providers; Study