Posted on: Friday, May 7, 2004

Convention secrecy bill vetoed

By Kelly Yamanouchi
Advertiser Staff Writer

Gov. Linda Lingle vetoed a bill yesterday that would have kept secret the names of some organizations holding events at the Hawai'i Convention Center.

Lingle said in her veto message that denying timely access to records would greatly restrict the public's right to scrutinize the operation and management of the center.

The state Hawai'i Tourism Authority and Lingle's tourism liaison, Marsha Wienert, pushed for the convention center secrecy measure, saying it was important in order for the $350 million center to remain competitive because some potential clients request confidentiality.

But opponents said the bill would infringe on the public's right to know who is using the state-funded convention center, particularly people who want to know whether their tax money is being wisely spent on the center.

"It wasn't just the media that was upset about it. The calls, the letters, the e-mails — people were more concerned about it than anyone would have imagined during the process," Wienert said. "We felt that with the amount of public sentiment being negative as far as that legislation was concerned, we couldn't move forward with it."

"The community let us know — let's just put it that way. And we listened. We listened to the community," Wienert said. "Because it is a government facility, that's where the concern comes in. And government should be an open government, and I agree with that. It should be open."

The Senate voted 14-11 last month to approve the bill, which would have allowed operators of the public facility to keep under wraps information on the company, event and rental contract until 10 days after the event is over.

Tourism officials say organizations that request secrecy include companies that want to confidentially discuss new products or that don't want to reveal that they are traveling to Hawai'i.

Lingle said in her written veto message yesterday: "By withholding licensees' names until after an event has occurred, members of the public would also be deprived of the ability to review information about an upcoming convention to, for example, compete with exhibitors, market products or services in connection with the event, or simply to examine how well the Hawaii Convention Center is doing in terms of advance bookings."

The governor said in the message that the bill would also change the public's ability to access tourism authority records and would have allowed information to be withheld that is not normally considered confidential or proprietary. That could allow controversial organizations to schedule conventions at the center without allowing the public the opportunity to object, Lingle said.

The veto message noted that existing law already allows the tourism authority to withhold certain records to avoid the frustration of a legitimate government function.

Hawai'i Tourism Authority executive director Rex Johnson said when the bill was advancing through the Legislature that the measure was aimed at keeping Hawai'i competitive and said it was "all about improving Hawaii's image as a business-friendly destination with respect to the Hawaii Convention Center."

Johnson has said that other convention centers have accepted requests for anonymity. A report on a review by the tourism authority of other convention centers showed no convention centers reported having regulations or written policies on the matter, but some had practices that allowed some confidentiality or allowed them to keep information from listings.

Wienert, appointed last June in the new position of tourism liaison, was tasked with developing the administration's tourism legislative package.

Senate Judiciary and Hawaiian Affairs Committee Chairwoman Colleen Hanabusa, D-21st (Nanakuli, Makaha), said she was surprised at the governor's veto.

"The main reason for my surprise is that it was a position that was advocated by her tourism liaison," Hanabusa said. She said she believes the veto stands. The legislative session came to a close yesterday.

Sen. Sam Slom, R-8th (Kahala, Hawai'i Kai), was among the lawmakers who voted against the bill.

"I think it's an affront to the public and the taxpayers in the state," Slom said yesterday. "It's a bad bill and it was actually one of several bills that talked about secrecy this year."

"The arguments that we need to keep things secret in order to increase our business is really an outrageous argument. ... We've always been low on conventions and just by adding secrecy is not going to increase that sizably," he said. "We've had problems with the convention center in the past in terms of management getting actual figures, getting actual information. Adding secrecy to it doesn't do anything at all for the public, for the convention center."

Wienert said she has had discussions about the possibility of pursuing similar legislation next session.

Lingle also vetoed a measure yesterday that would establish an Aloha Aina Patrol under county police departments to curtail crime in high tourist traffic areas, funded by hotel room tax revenues.

Reach Kelly Yamanouchi at 535-2470, or at kyamanouchi@honoluluadvertiser.com.