SB1823

SECTION 1. Section 201B-2, Hawaii Revised Statutes, is amended by amending subsections (b), (c), and (d) to read as follows:

"(b) The authority shall be headed by a policy-making board of directors [~~which~~] that consists of twelve public, voting members, and four ex officio nonvoting members; provided that:

(1) [~~Twelve~~] Two public, voting members shall be appointed by the governor as provided in section 26-34[~~, except as otherwise provided by law~~]; provided that one shall have knowledge, experience, and expertise in the area of Hawaiian cultural practices;

(2) [~~The twelve~~] One public, voting [~~members~~] member shall be [~~composed of at least one representative each from~~] nominated separately by each mayor of the city and county of Honolulu and the counties of Hawaii, Kauai, and Maui[~~; the remaining public members shall be appointed at-large;~~], and to be appointed with the advice and consent of the senate; provided that each of the four members shall have knowledge, experience, and expertise in the area of visitor industry management, marketing, promotion, transportation, retail, entertainment, or visitor attractions;

(3) Of the twelve public, voting members, three shall be

appointed [~~by the governor from a list of three names submitted for each appointment~~] by the president of the senate, and three shall be appointed [~~by the governor from a list of three names submitted for each appointment~~] by the speaker of the house of representatives[~~; provided that if fewer than three names are submitted for each appointment, the governor may disregard the list;~~]; provided that half of the voting members shall have knowledge, experience, and expertise in the area of visitor industry management, marketing, promotion, transportation, retail, entertainment, or visitor attractions; and provided further that appointments by the president and the speaker of the house of representatives shall be made by adoption of a concurrent resolution by a majority of members of each house;

(4) At least six of the twelve public, voting members shall have knowledge, experience, and expertise in the area of visitor industry management, marketing, promotion, transportation, retail, entertainment, or visitor attractions[~~, and at least one shall have knowledge, experience, and expertise in the area of Hawaiian cultural practices~~]; provided that no more than three members shall represent, be employed by, or be under contract to any sector of the industry represented on the board;

(5) The [~~governor shall make~~] appointments shall be made to ensure the fulfillment of all requirements; provided that any appointments made after July 1, 2002, shall be made to fulfill the requirements in place when the appointments are made;

(6) The director of business, economic development, and tourism, or a designated representative, shall be an ex officio nonvoting member;

(7) The director of transportation, or a designated representative, shall be an ex officio nonvoting member;

(8) The chairperson of the board of land and natural resources, or a designated representative, shall be an ex officio nonvoting member; and

(9) The executive director of the state foundation on culture and the arts, or a designated representative, shall be an ex officio nonvoting member.

(c) The public members shall be appointed by the governor for terms of four years. Each public member shall hold office until the member's successor is appointed and qualified. Section 26-34 shall be applicable insofar as it relates to the number of terms and consecutive number of years a member may serve on the board.

When the legislature is not in session and a vacancy occurs for a member under subsection (b)(2), which requires the confirmation of the senate, the mayor of the respective county making the nomination may make the appointment, which shall expire, unless the appointment is confirmed by the senate, at the end of the next regular session. When the legislation is not in session and a vacancy occurs for a member appointed under subsection (b)(3), which requires the adoption of a concurrent resolution by the senate and house of representatives, the president of the senate or the speaker of the house of representatives shall make the appointment to fill the vacancy, which shall expire at the end of the next session unless a concurrent resolution is adopted by both houses as provided in subsection (b)(3)

(d) The board shall elect a chairperson from among the voting members. [~~The director of business, economic development, and tourism or the designated representative shall not be chairperson of the board.~~]"

SECTION 3. The transitional implementation of the appointments under this Act shall proceed as follows:

(1) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the governor;

(2) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the mayor of Maui county;

(3) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the house of representatives;

(4) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the mayor of Kauai county;

(5) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the senate;

(6) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the governor;

(7) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the house of representatives;

(8) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the senate;

(9) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the senate;

(10) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the mayor of the city and county of Honolulu;

(11) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the mayor of Hawaii county; and

(12) The appointment to replace the board member representing whose term is to expire on June 30, , shall be made by the house of representatives.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

THE SENATE	S.B. NO.	1823
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII