HOUSE OF REPRESENTATIVES

H.B. NO.

332

TWENTY-SEVENTH LEGISLATURE, 2013

H.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.  Chapter 201B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§201B‑    Grants.  (a)  Every request for the award of a grant from the authority for the development of tourism products or programs shall be submitted to the authority on an application form provided by the authority, which shall contain:

     (1)  A statement of the purpose of the product or program to be funded by the grant;

     (2)  A written description of the product or program;

     (3)  Financial information regarding the product or program;

     (4)  If the applicant is an organization, personnel position salaries; and

     (5)  Any other information required by the authority.

     (b)  The authority shall review each grant application to determine the efficiency and the effectiveness of the proposed product or program in achieving the authority's goals and objectives in implementing the state tourism policy.  The review shall be based upon an analysis of the application in terms of the objectives to be achieved, the need in the community for the product or program, the quality of the proposed product or program, the ability of the applicant to produce the proposed product or program, and the benefits to be provided by the proposed product or program in comparison to the estimated costs.

     (c)  Upon approval of an application, the authority shall enter into a grant agreement with the applicant.  Agreements shall be executed in accordance with rules adopted by the authority.

     (d)  Every grant awarded by the authority shall be monitored by the authority to ensure compliance with the provisions of the grant agreement and to determine whether the grant attained the intended results in the manner contemplated.

     (e)  No grant awarded pursuant to this section shall be subject to chapter 42F.

     (f)  As used in this section, "grant" means an award of funds by the authority to support the activities of the recipient that are consistent with the purposes of this chapter."

     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)  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 president and chief executive officer, represent the authority in communications with the governor and the legislature;

     (7)  Through its 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 president and chief executive officer, purchase supplies, equipment, or furniture;

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

    (10)  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)  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 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] Award grants pursuant to section 201B‑    and coordinate the development of [new] tourism products and programs 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 (b) to read as follows:

     "(b)  The authority may delegate to staff the responsibility for soliciting, awarding, and executing agreements and contracts, and monitoring and facilitating any and all functions developed in accordance with subsection (a)."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2030.



 

Report Title:

Hawaii Tourism Authority; Grants

 

Description:

Authorizes the Hawaii Tourism Authority to enter into grant agreements for the development of visitor industry products and programs.  Effective July 1, 2030.  (HB332 HD1)

 

 

 

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