STAND. COM. REP. NO. 325-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2781
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Tourism and Culture, to which was referred H.B. No. 2781 entitled:
"A BILL FOR AN ACT RELATING TO INFORMATION PRACTICES,"
begs leave to report as follows:
The purpose of this bill is to facilitate the Hawaii Convention Center's (Center's) competitive posture by giving it the flexibility to enter into contracts with users who require confidentiality as a condition to booking a meeting or executing a license agreement. Specifically, this bill exempts the Center from the freedom of information law if a licensee or potential licensee requests nondisclosure of the license agreement and disclosure would result in:
(1) The failure to execute a license agreement; or
(2) Placing the Center at a competitive disadvantage.
The Hawaii Tourism Authority (HTA) and the Department of Business, Economic Development, and Tourism supported this measure. The Hawaii Chapter of the Society of Professional Journalists opposed this measure. The Office of Information Practices (OIP) offered comments.
Testimony indicated that other convention centers that are successfully competing with the Center readily accept a potential licensee's request for anonymity.
To work out mutually agreeable language, the HTA and OIP met prior to your Committee's hearing on this measure, but were unable to agree on substantive issues. Your Committee has favored the recommendations of the HTA, with OIP's knowledge, and has accordingly amended this bill by:
(1) Placing the bill's provisions in chapter 201B, Hawaii Revised Statutes, a more appropriate chapter in that it relates specifically to the HTA's power to enter into agreements for the use of the Center;
(2) Clarifying that the Center's business booking records are exempt from disclosure, and specifying the circumstances under which disclosure is not required; and
(3) Allowing disclosure to the Legislature or its committees.
Your Committee further amended this measure by making
technical, nonsubstantive amendments for clarity, consistency, and
style.
Your Committee respectfully requests your Committee on Judiciary to consider requiring the Center to make an annual report to the Legislature, specifically the House Committee on Tourism and Culture and the Senate Committee on Tourism, disclosing its booking business records.
As affirmed by the record of votes of the members of your Committee on Tourism and Culture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2781, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2781, H.D. 1, and be referred to the Committee on Judiciary.
Respectfully submitted on behalf of the members of the Committee on Tourism and Culture,
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____________________________ JERRY L. CHANG, Chair |