Report Title:

Protecting Trade Secrets of the Natural Energy Lab of Hawaii

Description:

Retains confidentiality of records pertaining to tenants and prospective tenants of the Natural Energy Laboratory of Hawaii Authority containing confidential commercial and proprietary information.

THE SENATE

S.B. NO.

2865

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE NATURAL ENERGY LABORATORY OF HAWAII AUTHORITY AND PROTECTING CONFIDENTIALITY OF TRADE SECRETS.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 227D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§227D- Confidentiality of trade secrets; disclosure of financial information. (a) Notwithstanding chapter 92F or any other law to the contrary, any government record made or received by any member or employee of the authority shall be subject to segregation, and information contained therein shall not be subject to public disclosure, inspection, or duplication to the extent that the information:

(1) Consists of trade secrets;

(2) Consists of commercial or financial information

regarding the operation of any business; or

(3) Relates to the competitive position in a particular field of endeavor of a tenant or prospective tenant of the authority.

Information described in subsections (1), (2), and (3) that is contained in a business plan attached to a lease of state land is subject to segregation as required by this section. This section, however, shall not apply to leases of state land themselves and other information required to be public by section 92F-12(a)(5).

(b) Notwithstanding chapter 92 or any other law to the contrary, any discussion or consideration by the board or any committee of the board that consists of the type of information described in subsection (a), may be held in an executive meeting closed to the public."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________

BY REQUEST