Report Title:
Hawaii Tourism Authority
Description:
Reduces the appointments made by the governor to the Hawaii tourism authority board of directors. Revises appointment procedures for public, voting members of the board. Provides a process for interim appointments when vacancies occur. (SB1823 HD2)
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THE SENATE |
S.B. NO. |
1823 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
S.D. 1 |
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STATE OF HAWAII |
H.D. 2 |
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A BILL FOR AN ACT
RELATING TO the HAWAII TOURISM AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 26-34, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) Except as otherwise provided by this
chapter, this section shall apply to every board and commission established by
part I, or existing or established after November 25, 1959. All new
appointments to any board or commission shall thereafter be made in accordance
with this section[.], except as provided in section 201B-2."
SECTION 2. 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[:], notwithstanding section 26-34:
(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 member shall have
knowledge, experience, and expertise in the area of visitor industry
management, marketing, promotion, transportation, retail, entertainment, or
visitor attractions;
(2) [The twelve] One public, voting [members]
member shall be [composed of at least one representative each from]
nominated separately and, by and with the advice and consent of the senate,
appointed separately by each of the mayors of the city and county of
Honolulu and the counties of Hawaii, Kauai, and Maui; [the remaining public
members shall be appointed at-large;] 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[,]; provided that one member shall have knowledge,
experience, and expertise in the area of visitor industry management, marketing,
promotion, transportation, retail, entertainment, or visitor attractions;
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
one member shall have knowledge, experience, and expertise in the area of
visitor industry management, marketing, promotion, transportation, retail, entertainment,
or visitor attractions; provided further that one member shall have knowledge,
experience, and expertise in the area of Hawaiian cultural practices; and
provided further that the appointments by the president of the senate 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] Not
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[.], except as
provided in subsection (b)(2) and (3). 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 legislature 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 respective vacancy, which shall expire at the end of the next regular 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 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect on January 1, 2025.