STAND. COM. REP. NO. 1108
RE: H.B. No. 1412
Honorable Scott K. Saiki
Speaker, House of Representatives
Thirty-Second State Legislature
Regular Session of 2023
State of Hawaii
Your Committee on Finance, to which was referred H.B. No. 1412, H.D. 1, entitled:
"A BILL FOR AN ACT RELATING TO LIBRARIES,"
begs leave to report as follows:
(1) Prohibit any contract or license agreement between a publisher and library in the State from:
(A) Precluding, limiting, or otherwise restricting the library from performing customary operational and lending functions;
(B) Restricting the library from disclosing any terms of its license agreements to other libraries; and
(C) Requiring, coercing, or enabling a library to violate laws regarding confidentially of a patron's library records; and
(2) Deem an offer or contract that contains the prohibited provisions as an unfair or deceptive act or practice and render the contract void and unenforceable.
Your Committee received testimony in support of this measure from the Department of Education. Your Committee received testimony in opposition to this measure from the Independent Book Publishers Association, Copyright Alliance, and Association of American Publishers. Your Committee received comments on this measure from the Hawaii State Public Library System.
As affirmed by the record of votes of the members of your Committee on Finance that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1412, H.D. 1, and recommends that it pass Third Reading.
Respectfully submitted on behalf of the members of the Committee on Finance,
KYLE T. YAMASHITA, Chair