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The Honolulu Advertiser
Posted on: Monday, April 19, 2004

Convention disclosure bill revived

By Bruce Dunford
Associated Press

The public could be kept in the dark about who's using the Hawai'i Convention Center for up to 10 days under a bill that has resurfaced in the state Senate for a vote today.

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It provoked dissent from the Senate's champion of openness in government, Sen. Les Ihara, who said "it sets an ill-advised" and "hasty precedent, in my mind, that Hawai'i's open records laws and citizens' right to know may be disregarded for economic reasons."

"How much are the citizens' rights worth? One million dollars, two million dollars?" said Ihara, D-9th (Kapahulu, Kaimuki, Palolo). "Because it is purely and only for economic reasons that this bill even is proposed."

He said the bill comes because the convention center's bookings are not living up to expectations.

Under the 10-day provision, a group or company could come and go without the convention center staff ever even having to confirm it was using the facility. The law would not apply to disclosure to the Legislature, however.

The bill allows authorities to withhold the name and address of a company booking the center, as well as contents of its program, its event schedule, its list of exhibitors, any confidential business information, or any offer of rent, discounts or subsidies made to the company by the center.

The Society of Professional Journalists' Hawai'i chapter objects to the proposal, saying it would make it possible for hate groups to gather at the convention center without public knowledge.

Sen. Donna Mercado Kim, the chairwoman of the Senate Tourism Committee who resurrected the Senate measure after the Judiciary Committee killed the similar House version, argued that it's needed.

"The fact of the matter is we have certain types of conventions that come into town and they want some of their records kept confidential," said Kim, D-14th (Halawa, Moanalua, Kamehameha Heights), saying Hawai'i's convention center has to remain competitive with other centers around the nation.

The House Judiciary Committee recommended the bill, finding that "allowing the center to honor nondisclosure clauses will enhance its opportunities to obtain bookings, thus serving the public interest in profitable operations without unduly impeding public access to information."

Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), said "there's no way we can justify this bill, there's no way we can talk about open government and sunshine and public information and pass this bill."

"Quite frankly, this bill does not pass the smell test and we should stop it today," he said.

Ihara joined the Senate's five Republican members to oppose Kim's successful motion to agree to House changes to the bill, setting it up for today's vote.