§201B-3  Powers and duties.  (a)  Except as otherwise limited by this chapter, the authority may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at pleasure;

     (3)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter; provided that the authority may enter into contracts and agreements for a period of up to five years, subject to the availability of funds; and provided further that the authority may enter into agreements for the use of the convention center facility for a period of up to ten years;

     (4)  Make and alter bylaws for its organization and internal management;

     (5)  Unless otherwise provided in this chapter, adopt rules in accordance with chapter 91 with respect to its projects, operations, properties, and facilities;

     (6)  Through its executive director represent the authority in communications with the governor and with the legislature;

     (7)  Through its executive director, provide for the appointment of officers, agents, and employees, subject to the approval of the board, prescribing their duties and qualifications, and fixing their salaries, without regard to chapters 76 and 78 if there is no anticipated revenue shortfall in the tourism special fund and funds have been appropriated by the legislature and allotted as provided by law;

     (8)  Through its executive director purchase supplies, equipment, or furniture;

     (9)  Through its executive director allocate the space or spaces which are to be occupied by the authority and appropriate staff;

    (10)  Engage the services of qualified persons to implement the State's tourism marketing plan or portions thereof as determined by the authority;

    (11)  Engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

    (12)  Procure insurance against any loss in connection with its property and other assets and operations in such amounts and from such insurers as it deems desirable;

    (13)  Contract for or accept revenues, compensation, proceeds, and gifts or grants in any form from any public agency or any other source, including any revenues or proceeds arising from the operation or use of the convention center;

    (14)  Develop, coordinate, and implement state policies and directions for tourism and related activities taking into account the economic, social, and physical impacts of tourism on the State and its natural resources infrastructure; provided that the authority shall support the efforts of other state and county departments or agencies to manage, improve, and protect Hawaii's natural environment and areas frequented by visitors;

    (15)  Have a permanent, strong focus on marketing and promotion;

    (16)  Conduct market development-related research as necessary;

    (17)  Coordinate all agencies and advise the private sector in the development of tourism-related activities and resources;

    (18)  Work to eliminate or reduce barriers to travel in order to provide a positive and competitive business environment, including coordinating with the department of transportation on issues affecting airlines and air route development;

    (19)  Market and promote sports-related activities and events;

    (20)  Coordinate the development of new products with the counties and other public sectors and private sectors, including the development of sports, culture, health and wellness, education, technology, agriculture, and nature tourism;

    (21)  Establish a public information and educational program to inform the public of tourism and tourism-related problems;

    (22)  Encourage the development of tourism educational, training, and career counseling programs;

    (23)  Establish a program to monitor, investigate, and respond to complaints about problems resulting directly or indirectly from the tourism industry and taking appropriate action as necessary;

    (24)  Set and collect rents, fees, charges, or other payments for the lease, use, occupancy, or disposition of the convention center facility without regard to chapter 91;

    (25)  Notwithstanding the provisions of chapter 171, acquire, lease as lessee or lessor, own, rent, hold, and dispose of the convention center facility in the exercise of its powers and the performance of its duties under this chapter; and

    (26)  Acquire by purchase, lease, or otherwise, and develop, construct, operate, own, manage, repair, reconstruct, enlarge, or otherwise effectuate, either directly or through developers, a convention center facility.

     (b)  The authority shall be responsible for:

     (1)  Promoting, marketing, and developing the tourism industry in the State;

     (2)  Arranging for the conduct of research through contractual services with the University of Hawaii or any agency or other qualified persons concerning social, economic, and environmental aspects of tourism development in the State;

     (3)  Providing technical or other assistance to agencies and private industry upon request;

     (4)  Creating a vision and developing a long-range strategic plan for tourism in Hawaii; and

     (5)  Reviewing annually the expenditure of public funds by any visitor industry organization with which the authority contracts to perform tourism promotion, marketing, and development and making recommendations necessary to ensure the effective use of the funds for the development of tourism.  The authority shall also prepare annually a report of expenditures, including descriptions and evaluations of programs funded, together with any recommendations the authority may make and shall submit the report to the governor and the legislature as part of the annual report required under section 201B-16.

     (c)  The authority shall do any and all things necessary to carry out its purposes, to exercise the powers and responsibilities given in this chapter, and to perform other functions required or authorized by law. [L 1998, c 156, pt of §2; am L 2002, c 38, §1, c 143, §3, c 148, §20, and c 253, §7; am L 2003, c 3, §4; am L 2004, c 9, §1; am L 2005, c 235, §5]

 

Note

 

  Effective July 1, 2002, chapter 77 referred to in text is repealed.