STAND

STAND. COM. REP. 2007

Honolulu, Hawaii

, 2004

RE: S.B. No. 2394

S.D. 1

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Tourism, to which was referred S.B. No. 2394 entitled:

"A BILL FOR AN ACT RELATING TO THE HAWAII TOURISM AUTHORITY,"

begs leave to report as follows:

The purpose of this measure is to:

(1) Delete requirements that the Hawaii Tourism Authority (HTA):

(A) Develop and include in its marketing plan the goals and objectives to market the State as a techno tourism niche (but adds that function instead in the HTA's new products development responsibilities); and

(B) Coordinate the State's telecommunications and information resources of the Department of Accounting and General Services; and

(2) Delete a redundant reference to the state tourism strategic marketing plan.

Testimony in support of this measure was received from the Department of Business, Economic Development and Tourism and the Hawaii Tourism Authority.

According to the HTA, it is concerned about the discrepancies in statutory language in the use of "may" and "shall" in some sections of chapter 201B, Hawaii Revised Statutes, which lists the duties and responsibilities of the HTA. The use of the word "may" is permissive. The use of the word "shall" as in "shall be responsible for" means that the HTA has jurisdiction over these issues, but it does not require the HTA to do anything affirmative. Your Committee desires the HTA to undertake all of the statutory functions as much as possible, whether those functions are characterized by statute as permissive in nature or having responsibility for them. The proper functioning of the HTA should not depend upon the technicalities of statutory drafting language.

Your Committee has amended this measure on the recommendation of the HTA by:

(1) Clarifying language allowing the HTA to create a vision and develop a long-range strategic plan for tourism;

(2) Clarifying language adding coordination of the development of new products for wellness, technology, agriculture, and nature tourism to HTA's functions; and

(3) Clarifying that the HTA has the responsibility for developing a tourism marketing plan that is updated every year instead of every three years.

As affirmed by the record of votes of the members of your Committee on Tourism that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2394, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2394, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Tourism,

		____________________________ DONNA MERCADO KIM, Chair