REPORT TITLE:
Hawaii tourism authority


DESCRIPTION:
Requires the Hawaii tourism authority (HTA) to submit a long-term
policy plan (plan) to the legislature by January 1, 2000.
Specifies that the plan identify other departments and agencies
involved and specify a program of action for those entities.
Specifies that the strategic tourism marketing plan be updated
every two years and implement the recommendations of the plan.
Allows the HTA board to withhold from public inspection and
copying, any consultant's report and internal analysis related to
the formulation of its strategic tourism marketing plan if, in
the opinion of at least two-thirds of the HTA board members,
public disclosure of the documents would frustrate the ability of
HTA to implement its strategic tourism marketing plan and
maximize the economic benefit of its expenditures, contracts, and
agreements.  Allows the HTA board to discuess such documents in
executive session.  (HB221 CD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
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HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 1999                                S.D. 1
STATE OF HAWAII                                            C.D. 1
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAII TOURISM AUTHORITY.



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

 1      SECTION 1.  Section 92-5, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  A board may hold a meeting closed to the public
 
 4 pursuant to section 92-4 for one or more of the following
 
 5 purposes:
 
 6      (1)  To consider and evaluate personal information relating
 
 7           to individuals applying for professional or vocational
 
 8           licenses cited in section 26-9 or both;
 
 9      (2)  To consider the hire, evaluation, dismissal, or
 
10           discipline of an officer or employee or of charges
 
11           brought against the officer or employee, where
 
12           consideration of matters affecting privacy will be
 
13           involved; provided that if the individual concerned
 
14           requests an open meeting, an open meeting shall be
 
15           held;
 
16      (3)  To deliberate concerning the authority of persons
 
17           designated by the board to conduct labor negotiations
 
18           or to negotiate the acquisition of public property, or
 
19           during the conduct of such negotiations;
 

 
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 1      (4)  To consult with the board's attorney on questions and
 
 2           issues pertaining to the board's powers, duties,
 
 3           privileges, immunities, and liabilities;
 
 4      (5)  To investigate proceedings regarding criminal
 
 5           misconduct;
 
 6      (6)  To consider sensitive matters related to public safety
 
 7           or security; [and]
 
 8      (7)  To consider matters relating to the solicitation and
 
 9           acceptance of private donations[.]; and
 
10      (8)  To discuss documents pursuant to section 201B-6(c)."
 
11      SECTION 2.  Section 92F-12, Hawaii Revised Statutes, is
 
12 amended by amending subsection (a) to read as follows:
 
13      "(a)  Any other law to the contrary notwithstanding[,]
 
14 except as provided in section 201B-6, each agency shall make
 
15 available for public inspection and duplication during regular
 
16 business hours:
 
17      (1)  Rules of procedure, substantive rules of general
 
18           applicability, statements of general policy, and
 
19           interpretations of general applicability adopted by the
 
20           agency;
 
21      (2)  Final opinions, including concurring and dissenting
 
22           opinions, as well as orders made in the adjudication of
 
23           cases;
 

 
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                                     H.B. NO.           H.D. 2
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 1      (3)  Government purchasing information, including all bid
 
 2           results, except to the extent prohibited by section
 
 3           92F-13;
 
 4      (4)  Pardons and commutations, as well as directory
 
 5           information concerning an individual's presence at any
 
 6           correctional facility;
 
 7      (5)  Land ownership, transfer, and lien records, including
 
 8           real property tax information and leases of state land;
 
 9      (6)  Results of environmental tests;
 
10      (7)  Minutes of all agency meetings required by law to be
 
11           public;
 
12      (8)  Name, address, and occupation of any person borrowing
 
13           funds from a state or county loan program, and the
 
14           amount, purpose, and current status of the loan;
 
15      (9)  Certified payroll records on public works contracts;
 
16     (10)  Regarding contract hires and consultants employed by
 
17           agencies:  the contract itself, the amount of
 
18           compensation, the duration of the contract, and the
 
19           objectives of the contract;
 
20     (11)  Building permit information within the control of the
 
21           agency;
 
22     (12)  Water service consumption data maintained by the boards
 
23           of water supply;
 

 
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                                     H.B. NO.           H.D. 2
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 1     (13)  Rosters of persons holding licenses or permits granted
 
 2           by an agency that may include name, business address,
 
 3           type of license held, and status of the license;
 
 4     (14)  The name, compensation (but only the salary range for
 
 5           employees covered by or included in chapters 76 and 77,
 
 6           and sections 302A-602 to 302A-640, and 302A-701, or
 
 7           bargaining unit (8)), job title, business address,
 
 8           business telephone number, job description, education
 
 9           and training background, previous work experience,
 
10           dates of first and last employment, position number,
 
11           type of appointment, service computation date,
 
12           occupational group or class code, bargaining unit code,
 
13           employing agency name and code, department, division,
 
14           branch, office, section, unit, and island of
 
15           employment, of present or former officers or employees
 
16           of the agency; provided that this paragraph shall not
 
17           require the creation of a roster of employees; and
 
18           provided further that this paragraph shall not apply to
 
19           information regarding present or former employees
 
20           involved in an undercover capacity in a law enforcement
 
21           agency;
 
22     (15)  Information collected and maintained for the purpose of
 
23           making information available to the general public; and
 

 
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 1     (16)  Information contained in or compiled from a transcript,
 
 2           minutes, report, or summary of a proceeding open to the
 
 3           public."
 
 4      SECTION 3.  Section 201B-3, Hawaii Revised Statutes, is
 
 5 amended to read as follows:
 
 6      "[[]§201B-3[]]  Powers.  Except as otherwise limited by this
 
 7 chapter, the board may:
 
 8      (1)  Sue and be sued;
 
 9      (2)  Have a seal and alter the same at pleasure;
 
10      (3)  Make and execute contracts and all other instruments
 
11           necessary or convenient for the exercise of its powers
 
12           and functions under this chapter, provided that the
 
13           authority may enter into contracts and agreements for a
 
14           period of up to five years;
 
15      (4)  Make and alter bylaws for its organization and internal
 
16           management;
 
17      (5)  Adopt rules in accordance with chapter 91 with respect
 
18           to its projects, operations, properties, and
 
19           facilities;
 
20      (6)  Through its executive director represent the authority
 
21           in communications with the governor and with the
 
22           legislature; 
 

 
 
 
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 1      (7)  Through its executive director appoint officers,
 
 2           agents, and employees, prescribe their duties and
 
 3           qualifications, and fix their salaries, without regard
 
 4           to chapters 76, 77, and 78;
 
 5      (8)  Through its executive director purchase supplies,
 
 6           equipment, or furniture; 
 
 7      (9)  Through its executive director allocate the space or
 
 8           spaces which are to be occupied by the authority and
 
 9           appropriate staff;
 
10     (10)  Engage the services of qualified persons to implement
 
11           the State's tourism long-range policy and marketing
 
12           plan or portions thereof as determined by the board;
 
13     (11)  Engage the services of consultants on a contractual
 
14           basis for rendering professional and technical
 
15           assistance and advice;
 
16     (12)  Procure insurance against any loss in connection with
 
17           its property and other assets and operations in such
 
18           amounts from such insurers as it deems desirable;
 
19     (13)  Contract for, and accept gifts or grants in any form
 
20           from any public agency or any other source;
 
21     (14)  Create a vision and develop a [long range] long-range
 
22           policy plan for tourism in Hawaii, including product
 
23           development, infrastructure, and diversification
 
24           issues;
 

 
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                                     H.B. NO.           H.D. 2
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 1     (15)  Develop, coordinate, and implement state policies and
 
 2           directions for tourism and related activities taking
 
 3           into account the economic, social, and physical impacts
 
 4           of tourism on the State;
 
 5     (16)  Develop and implement the state [tourism] strategic
 
 6           tourism marketing plan, which shall be updated every
 
 7           [three] two years, to promote and market the State as a
 
 8           desirable visitor destination;
 
 9     (17)  Have a permanent, strong focus on marketing and
 
10           promotion;
 
11     (18)  Conduct market development-related research as
 
12           necessary;
 
13     (19)  Coordinate all agencies and advise the private sector
 
14           in the development of tourism-related activities and
 
15           resources;
 
16     (20)  Work to eliminate or reduce barriers to travel in order
 
17           to provide a positive and competitive business
 
18           environment, including coordinating with the department
 
19           of transportation on issues affecting airlines and air
 
20           route development;
 
21     (21)  Market and promote sports-related activities and
 
22           events;
 

 
 
 
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                                     H.B. NO.           H.D. 2
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 1     (22)  Coordinate the development of new products with the
 
 2           public and private sectors, including the development
 
 3           of sports, culture, health, education, business, and
 
 4           eco-tourism;
 
 5     (23)  Establish a public information and educational program
 
 6           to inform the public of tourism and tourism-related
 
 7           problems;
 
 8     (24)  Encourage the development of tourism educational,
 
 9           training, and career counseling programs;
 
10     (25)  Establish a program to monitor, investigate, and
 
11           respond to complaints about problems resulting directly
 
12           or indirectly from the tourism industry and taking
 
13           appropriate action as necessary; and
 
14     (26)  Do any and all things necessary to carry out its
 
15           purposes and exercise the powers given and granted in
 
16           this chapter."
 
17      SECTION 4.  Section 201B-6, Hawaii Revised Statutes, is
 
18 amended to read as follows:
 
19      "[[]§201B-6[]]  Tourism long-range policy and marketing
 
20 plan; measures of effectiveness.(a)  The authority shall be
 
21 responsible for developing and completing a long-range policy
 
22 plan, which shall be presented to the legislature by January 1,
 
23 2000.  The long-range policy plan shall identify other
 

 
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                                     H.B. NO.           H.D. 2
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 1 departments and agencies involved and specify a program of action
 
 2 for those departments and agencies.  The authority shall also be
 
 3 responsible for developing a strategic tourism marketing plan
 
 4 [which].  The strategic tourism marketing plan shall implement
 
 5 the recommendations of the long-range policy plan, shall be
 
 6 updated every [three] two years, [that includes] and shall
 
 7 include the following:
 
 8      (1)  Identification and evaluation of current and future
 
 9           tourism needs for the different regions of the State;
 
10      (2)  Goals and objectives in accordance with identified
 
11           needs;
 
12      (3)  Statewide promotional efforts and programs;
 
13      (4)  Targeted markets;
 
14      (5)  Efforts to enter into brand marketing projects that
 
15           make effective use of cooperative advertising programs;
 
16      (6)  Measures of effectiveness for the authority's
 
17           promotional programs; and
 
18      (7)  Coordination of marketing plans of all destination
 
19           marketing organizations receiving state funding prior
 
20           to finalization of the authority's marketing plan.
 
21      (b)  In accordance with subsection (a), the authority shall
 
22 be responsible for developing measures of effectiveness to assess
 
23 the overall benefits and effectiveness of the marketing plan and
 

 
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 1 include documentation of the directly attributable benefits of
 
 2 the plan to the following:
 
 3      (1)  Hawaii's tourism industry;
 
 4      (2)  Employment in Hawaii;
 
 5      (3)  State taxes; and
 
 6      (4)  The State's lesser known and underutilized
 
 7           destinations.
 
 8      (c)  Notwithstanding section 92F-11, the board may withhold
 
 9 from public inspection and copying any consultant's report and
 
10 internal analysis related to the formulation of its strategic
 
11 tourism marketing plan if, in the opinion of at least two-thirds
 
12 of the members of the board, public disclosure of such documents
 
13 would frustrate the ability of the authority to implement its
 
14 strategic tourism marketing plan and maximize the economic
 
15 benefit of its expenditures, contracts, and agreements.  The
 
16 board may discuss such documents in executive session pursuant to
 
17 section 92-4; provided nothing in this section shall allow the
 
18 board to withhold any documents from public inspection for more
 
19 than eighteen months unless, within that time, two-thirds of the
 
20 board determines that, despite the passage of time, disclosure of
 
21 such reports and documents would frustrate the ongoing operations
 
22 of the board and its effort to implement its strategic tourism
 
23 marketing plan.  In that event, the documents may be withheld
 

 
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 1 from public inspection for an additional period not to exceed an
 
 2 additional eighteen months."
 
 3      SECTION 5.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 6.  This Act shall take effect upon its approval.