CONFERENCE COMMITTEE REP. 61

Honolulu, Hawaii

, 2003

RE: S.B. No. 41

H.D. 1

C.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Conference on the disagreeing vote of the Senate to the amendments proposed by the House of Representatives in S.B. No. 41, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PUBLIC CONTRACTS,"

having met, and after full and free discussion, has agreed to recommend and does recommend to the respective Houses the final passage of this bill in an amended form.

The purpose of this measure is to require public disclosure of publicly funded contracts and subcontracts of the Hawaii Tourism Authority (HTA).

Although the HTA is exempt from chapter 103D, Hawaii Revised Statutes, relating to the public procurement code, your Committee on Conference finds that the contracts and subcontracts of the HTA should be subject to public inspection inasmuch as public funds are involved. However, your Committee on Conference is cognizant of the sensitive nature of contract negotiations involving the HTA, particularly as to proprietary information of the contractors and subcontractors which could be disclosed to the HTA in the course of negotiations.

Your Committee on Conference has amended this measure by:

(1) Clarifying that a government record as defined in chapter 92F, Hawaii Revised Statutes, otherwise known as the sunshine law and as applied to the authority, includes publicly funded contracts and subcontracts and any information acquired during the course of securing and monitoring such contracts and subcontracts, but exempts from disclosure, proprietary information of contractors and subcontractors; and

(2) Making technical amendments that have no substantive effect.

As affirmed by the record of votes of the managers of your Committee on Conference that is attached to this report, your Committee on Conference is in accord with the intent and purpose of S.B. No. 41, H.D. 1, as amended herein, and recommends that it pass Final Reading in the form attached hereto as S.B. No. 41, H.D. 1, C.D. 1.

Respectfully submitted on behalf of the managers:

ON THE PART OF THE HOUSE

ON THE PART OF THE SENATE

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JERRY CHANG, Co-Chair

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DONNA MERCADO KIM, Chair

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ERIC G. HAMAKAWA, Co-Chair

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CAL KAWAMOTO, Co-Chair

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JON RIKI KARAMATSU, Co-Chair

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BRIAN T. TANIGUCHI, Co-Chair