STAND. COM. REP. NO. 577-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2781
H.D. 2
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2781, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO INFORMATION PRACTICES,"
begs leave to report as follows:
The purpose of this bill is to allow the Hawaii Convention Center (Center) to enter into contracts with licensees requiring confidentiality as a condition to booking events. Specifically, this bill exempts the Center's booking records from the freedom of information law upon request of a licensee and if disclosure may result in:
(1) Disclosure of booking information that would place the Center at a competitive disadvantage in negotiations with potential licensees;
(2) Disclosure of a potential licensee's proprietary information or business strategy; or
(3) The loss of a Center booking.
The Hawaii Tourism Authority testified in support of this bill. The Department of Business, Economic Development, and Tourism suggested amendments. The Office of Information Practices offered comments.
Your Committee finds that this measure will enhance opportunities for the Center to obtain bookings without unduly impeding public access to information on contracts between the Center and its licensees.
Your Committee has amended this measure by:
(1) Removing as a reason for nondisclosure of booking records the possible disclosure of booking information that would place the Center at a competitive disadvantage in negotiations with potential licensees;
(2) Replacing references to "booking business records" with "booking records";
(3) Removing "confidential business information" from the definition of "booking records", and making the possible disclosure of confidential business information a reason for exempting booking records under this measure;
(4) Requiring public disclosure of booking records ten days after an event occurs at the Center; and
(5) Making technical, nonsubstantive changes for clarity and style.
Your Committee believes that this bill, as amended, represents a balance between the Center's business needs and the public's right to access information about government activities.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2781, H.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2781, H.D. 2.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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