Report Title:

Hawaii Tourism Authority; Officers and Employees

Description:

Renames and clarifies the duties of the executive director.  Removes the sunset date for certain provisions of Act 58, Session Laws of Hawaii 2004.  (SD1)

THE SENATE	S.B. NO.	1167
TWENTY-FIFTH LEGISLATURE, 2009		S.D. 1
STATE OF HAWAII

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 201B-2, Hawaii Revised Statutes, is amended as follows:

     1.  By amending its title to read:

"§201B-2  Hawaii tourism authority; establishment; board; [staff.] president and chief executive officer."

     2.  By amending subsections (f) and (g) to read:

     "(f)  The board shall appoint [an executive director,] one person to serve as president and chief executive officer, exempt from chapters 76 and 88 who shall oversee the authority staff; provided that the compensation package, including salary, shall not exceed nine per cent of the five per cent authorized for administrative expenses under section 201B-11(c); and provided further that the compensation package shall not include private sector moneys or other contributions.  The board shall set the [executive director's] president and chief executive officer's duties, responsibilities, holidays, vacations, leaves, hours of work, and working conditions.  It may grant such other benefits as it deems necessary.

     [The board may appoint a sports coordinator, exempt from chapters 76, 78, and 88, who shall provide management services for all sporting events supported through the authority.

(g) The authority may employ persons not subject to chapters 76 and 78 to perform and execute the functions of the authority.]"

     SECTION 2.  Section 201B-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(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] Through its president and chief executive officer, 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] president and chief executive officer, represent the authority in communications with the governor and the legislature;

     (7)  Through its [executive director,] president and chief executive officer, provide for the appointment of officers, agents, a sports coordinator, 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] president and chief executive officer, purchase supplies, equipment, or furniture;

     (9)  Through its [executive director] president and chief executive officer, allocate the space or spaces that are to be occupied by the authority and appropriate staff;

    (10)  [Engage] Through its president and chief executive officer, engage the services of qualified persons to implement the State's tourism marketing plan or portions thereof as determined by the authority;

    (11)  [Engage] Through its president and chief executive officer, 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 amounts and from 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 persons in the public sector and private sector, 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)  Develop and implement emergency measures to respond to any adverse effects on the tourism industry, pursuant to section 201B-9;

    (25)  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;

    (26)  Notwithstanding 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

    (27)  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."

     SECTION 3.  Section 201B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The authority may enter into contracts and agreements that include the following:

     (1)  Tourism promotion, marketing, and development;

     (2)  Market development-related research;

     (3)  Product development and diversification issues focused on visitors;

     (4)  Promotion, development, and coordination of sports-related activities and events;

     (5)  Promotion of Hawaii, through a coordinated statewide effort, as a place to do business, including high technology business, and as a business destination;

     (6)  Reduction of barriers to travel;

  [[](7)[]]  Marketing, management, use, operation, or maintenance of the convention center facility, including the purchase or sale of goods or services, logo items, concessions, sponsorships, and license agreements, or any use of the convention center facility as a commercial enterprise; provided that effective January 1, 2003, and thereafter the contract for management of the convention center facility shall include marketing for all uses of the facility; and

  [[](8)[]]  Any and all other activities necessary to carry out the intent of this chapter;

provided that [for any contract or agreement valued at $25,000 and over,] the authority shall [provide notice to] periodically submit a report of the contracts and agreements entered into by the authority to the governor, the speaker of the house of representatives, and the president of the senate [on the same day that such notification is given to the governor]."

     SECTION 4.  Section 201B-11, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Moneys in the tourism special fund shall be used by the authority for the purposes of this chapter; provided that:

     (1)  Not more than five per cent of this amount shall be used for administrative expenses, including $15,000 for a protocol fund to be expended at the discretion of the [executive director;] president and chief executive officer; and

     (2)  At least $1,000,000 shall be made available to support efforts to manage, improve, and protect Hawaii's natural environment and areas frequented by visitors."

     SECTION 5.  Act 58, Session Laws of Hawaii 2004, as amended by section 50 of Act 22, Session Laws of Hawaii 2005, as amended by section 1 of Act 306, Session Laws of Hawaii 2006, is amended by amending section 14 to read as follows:

     "SECTION 14. This Act shall take effect upon its approval; provided that:

     (1)  The amendments made to sections 40-1, 40-4, and 40‑6, Hawaii Revised Statutes, by part I of this Act shall not be repealed when those sections are reenacted on June 30, 2006, by section 1 of Act 137, Session Laws of Hawaii 2005; and

    [(2) Part I shall be repealed on June 30, 2010, and sections 28-8.3, 201B-2, and 201B-11, Hawaii Revised Statutes, shall be reenacted in the form in which they read on May 5, 2004, and sections 40-1, 40-4, and 40‑6, Hawaii Revised Statutes, shall be reenacted in the form in which they read on June 30, 1986; and

(3)] (2)  Section 9 shall take effect on July 1, 2004."

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect upon its approval.