This bill provides that the department of tourist development adopts as its official policy the principle of open records and, unless otherwise provided by this bill, the information and documents maintained, received, or produced by the department are open for inspection by the public. Further, this bill provides that a binding contract or agreement entered into or signed by the department that obligates public funds, together with all supporting records and documentation, is a public record and open for public inspection as of the date the contract or agreement is entered into or signed.
This bill also provides that a record, documentary materials, or other information, including proprietary information, received, produced, or maintained by the department is a public record and open for public inspection unless the commissioner of tourist development, with the affirmative agreement of the attorney general and reporter, determines that a document or information is of such a sensitive nature that its disclosure would adversely impact the department's ability to carry out its statutory functions. If the commissioner, with the agreement of the attorney general and reporter, determines that a document or information should not be released or disclosed because of its sensitive nature, then such document or information is confidential for a period of five years from the date such determination is made. After the five-year period, the confidential document or information is a public record and open for public inspection unless the process is effectuated again. However, such document or information must not be deemed confidential for more than 10 years.
EXEMPTIONS
This bill does not apply to the following:
(1) Trade secrets received, maintained, or produced by the department. All such trade secrets must remain confidential; and
(2) Documents or records of a person, entity, or company containing marketing information or capital plans that are provided to the department with the understanding that such information or plans are now and should remain confidential. Such information or plans must remain confidential until such time as the provider thereof no longer requires its confidentiality.
ON MARCH 25, 2024, THE SENATE SUBSTITUTED HOUSE BILL 1692 FOR SENATE BILL 2093, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1692, AS AMENDED.
AMENDMENT #1 makes the following changes:
(1) Revises the provisions in the bill that provide that a record, documentary materials, or other information, including proprietary information, received, produced, or maintained by the department is a public record and open for public inspection unless the commissioner of tourist development, with the affirmative agreement of the attorney general and reporter, determines that a document or information is of such a sensitive nature that its disclosure would adversely impact the department's ability to carry out its statutory functions to, instead, provide that the materials mentioned above are a public record and open for public inspection unless the commissioner, with the affirmative agreement of the attorney general, determines that a document or information is of such a sensitive nature that its disclosure or release would seriously harm the ability of this state to negotiate events, contracts, agreements, or administer grant programs; and
(2) Revises the provisions in the bill that provide if the commissioner, with the agreement of the attorney general, determines that a document or information should not be released or disclosed because of its sensitive nature, then such document or information is confidential for a period of five years from the date such determination is made. After the five-year period, the confidential document or information is a public record and open for public inspection unless the process is effectuated again. However, such document or information must not be deemed confidential for more than 10 years. This amendment, instead, provides that such document or information is confidential until whichever of the following occurs first: (i) 10 years from the date such determination is rendered; (ii) after the disbursement of state funds; (iii) after the conclusion of the event in which the contract or event was negotiated; or (iv) upon the expiration of a contract entered into by this state.