Report Title:

Hawaii Tourism Authority; Appointment of Board Members

 

Description:

Removes the directors of DBEDT and transportation, chairperson of the BLNR, and executive director of the state foundation on culture and the arts from the Hawaii tourism authority board.  Requires members to be appointed by the mayors, senate president, and speaker of the house of representatives.  Creates advisory group.

 

THE SENATE

S.B. NO.

7

TWENTY-FIFTH LEGISLATURE, 2009

 

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 26-34, Hawaii Revised Statutes, is amended:

1.   By amending subsection (a) to read:

     "(a)  [The] Except as otherwise provided by law, the members of each board and commission established by law shall be nominated and, by and with the advice and consent of the senate, appointed by the governor.  Unless otherwise provided by this chapter or by law hereafter enacted, the terms of the members shall be for four years; provided that the governor may reduce the terms of those initially appointed so as to provide, as nearly as can be, for the expiration of an equal number of terms at intervals of one year for each board and commission.  Unless otherwise provided by law, each term shall commence on July 1 and expire on June 30, except that the terms of the chairpersons of the board of agriculture, the board of land and natural resources, and the Hawaiian homes commission shall commence on January 1 and expire on December 31.  No person shall be appointed consecutively to more than two terms as a member of the same board or commission; provided that membership on any board or commission shall not exceed eight consecutive years."

     2.   By amending subsection (e) to read:

     "(e)  Except as otherwise provided by this chapter[,] or by law, 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."

     SECTION 2.  Section 201B-2, Hawaii Revised Statutes, is amended by amending subsections (b), (c), (d), and (e) 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 public, voting members shall be appointed by the governor as provided in section 26-34, except as otherwise provided by law;

     (2)  The twelve public, voting members] (1)  One member shall be [composed of at least one representative each from] nominated and, by and with the advice and consent of the senate, appointed 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];

    [(3)] (2)  Of the [twelve public, voting] remaining members, [three] four shall be appointed [by the governor from a list of three names submitted for each appointment] by the president of the senate, and [three] four 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;] the appointments by the president of the senate and the speaker of the house of representatives shall be by adoption of a single house resolution by a majority of the members of each of the respective houses;

    [(4)] (3)  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; and

    [(5)] (4)  The [governor shall make] president of the senate and speaker of the house of representatives shall coordinate their appointments 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;] of paragraph (3); and

    [(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;

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

    (10)] (5)  No person who has served as a member of the board of directors of the Hawaii Visitors and Convention Bureau shall be eligible to sit as a public, voting member of the board of directors of the Hawaii tourism authority until at least two years have expired between the person's termination from service on the Hawaii Visitors and Convention Bureau board and the person's appointment to the authority's board of directors.

     (c)  The public members shall be appointed [by the governor] for terms of four years[.]; provided that a member appointed by a mayor shall hold office for a term to expire at the end of the term for which the appointing mayor was elected.  A member appointed by a mayor may continue in office as a holdover until a successor is nominated and appointed as provided in subsection (b)(1).  [Each public member] A member appointed under subsection (b)(2) shall hold office until the member's successor is appointed and qualified.  The president of the senate and the speaker of the house of representatives shall coordinate the terms of all members initially appointed to provide for one half of the terms of the members appointed to expire in two years and one half of the terms of the members appointed to expire in four years.  Each term shall commence on July 1 and expire on June 30.   Section 26-34 shall [be applicable] apply 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 appointed pursuant to subsection (b)(1), which requires the confirmation of the senate, the mayor of the respective county shall make the appointment, which shall expire, unless the appointment is confirmed by the senate, at the adjournment sine die of the next regular session of the legislature.  When the legislature is not in session and a vacancy occurs for a member appointed pursuant to subsection (b)(2), which requires the adoption of a resolution by the senate or house of representatives, the presiding officer of the respective house who is to make the appointment shall make the appointment, which shall expire at the adjournment sine die of the next regular session of the legislature unless a resolution is adopted by the respective house as provided in subsection (b)(2).

     (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.]

     (e)  Seven [voting] members shall constitute a quorum and a minimum of seven affirmative votes shall be necessary for all actions by the authority.  The members shall serve without compensation, but shall be reimbursed for expenses, including traveling expenses, necessary for the performance of their duties."

     SECTION 3.  Section 201B-13, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§201B-13[]]  Assistance by state and county agencies[.]; advisory group.  (a)  Any state or county agency may render services upon request of the authority.

(b)  The authority shall establish an advisory group, which shall include the director of business, economic development, and tourism, the director of transportation, the chairperson of the board of land and natural resources, and the executive director of the state foundation on culture and the arts to assist the authority in the preparation and execution of:

(1)  Measures to respond to tourism emergencies pursuant to section 201B-9;

(2)  Programs for the management, improvement, and protection of Hawaii's natural environment and areas frequented by visitors;

(3)  Measures to address issues affecting airlines, air routes, and barriers to travel to Hawaii; and

     (4)  Programs to perpetuate the cultures of Hawaii and engage local communities to sustain and preserve the native Hawaiian culture."

SECTION 4.  After the effective date of this Act, members of the Hawaii tourism authority board shall continue to hold office until a successor is appointed as provided in this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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