Bill Text: HI HB960 | 2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Tourism Emergency; Hawaii Tourism Authority; Research and Statistics

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Enrolled - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [HB960 Detail]

Download: Hawaii-2010-HB960-Amended.html

Report Title:

Tourism Emergency; Hawaii Tourism Authority; Research and Statistics

 

Description:

Broadens the scope of a "tourism emergency" to include a national or global economic crisis.  Removes the duties relating to tourism research and statistics from the department of business, economic development, and tourism and adds those duties to the Hawaii tourism authority.  Effective 01/01/2050.  (SD2)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

960

TWENTY-FIFTH LEGISLATURE, 2009

H.D. 2

STATE OF HAWAII

S.D. 2

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO THE HAWAII TOURISM AUTHORITY.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 


     SECTION 1.  In 2007, the legislature, cognizant of the impact world events may have on the flow of tourists to our State, created the tourism emergency trust fund as a mechanism to protect our visitors and residents in the event of national disasters, terrorist threats, and other catastrophic emergencies.  Act 201, Session Laws of Hawaii 2007, also directed the Hawaii tourism authority to prepare and implement response measures when there is a threat that may cause a substantial interruption in the State's tourism industry.  The legislature finds that tourism emergencies may result from many causes that were not originally contemplated by Act 201, Session Laws of Hawaii 2007.  A weakening national economy, recession, and credit market crisis may not meet the standard of a catastrophic event, making it difficult for the Hawaii tourism authority to address these issues under current law.

     The purpose of this Act is to broaden the scope of a "tourism emergency" to include national or global economic crises that impact Hawaii's largest industry, clarifying that no action in response to a tourism emergency declaration may be taken by the Hawaii tourism authority without the governor's express approval, and to transfer the tourism research and statistics duties from the department of business, economic development, and tourism to the Hawaii tourism authority.

     SECTION 2.  Section 201-3, Hawaii Revised Statutes, is amended to read as follows:

     "§201-3  Specific research and promotional functions of the department.  Without prejudice to its general functions and duties the department of business, economic development, and tourism shall have specific functions in the following areas:

     (1)  Industrial development.  The department shall determine through technical and economic surveys the profit potential of new or expanded industrial undertakings; develop through research projects and other means new and improved industrial products and processes; promote studies and surveys to determine consumer preference as to design and quality and to determine the best methods of packaging, transporting, and marketing the State's industrial products; disseminate information to assist the present industries of the State, to attract new industries to the State, and to encourage capital investment in present and new industries in the State; assist associations of producers and distributors of industrial products to introduce these products to consumers; and make grants or contracts as may be necessary or advisable to accomplish the foregoing;

     (2)  Land development.  The department shall encourage the most productive use of all land in the State in accordance with a general plan developed by the department; encourage the improvement of land tenure practices on leased private lands; promote an informational program directed to landowners, producers of agricultural and industrial commodities, and the general public regarding the most efficient and most productive use of the lands in the State; and make grants or contracts as may be necessary or advisable to accomplish the foregoing;

     (3)  Credit development.  The department shall conduct a continuing study of agricultural and industrial credit needs; encourage the development of additional private and public credit sources for agricultural and industrial enterprises; promote an informational program to acquaint financial institutions with agricultural and industrial credit needs and the potential for agricultural and industrial expansion, and inform producers of agricultural and industrial products as to the manner in which to qualify for loans; and make grants or contracts as may be necessary or advisable to accomplish the foregoing;

     (4)  Promotion.  The department shall disseminate information developed for or by the department pertaining to economic development to assist present industry in the State, attract new industry and investments to the State, and assist new and emerging industry with good growth potential or prospects in jobs, exports, and new products.  The industrial and economic promotional activities of the department may include the use of literature, advertising, demonstrations, displays, market testing, lectures, travel, motion picture and slide films, and other promotional and publicity devices as may be appropriate; and

    [(5)  Tourism research and statistics.  The department shall maintain a program of research and statistics for the purpose of:

         (A)  Measuring and analyzing tourism trends;

         (B)  Providing information and research to assist in the development and implementation of state tourism policy;

         (C)  Encouraging and arranging for the conduct of tourism research and information development through voluntary means or through contractual services with qualified agencies, firms, or persons; and

         (D)  Providing tourism information to policy makers, the public, and the visitor industry.  This includes:

              (i)  Collecting and publishing visitor-related data including visitor arrivals, visitor characteristics and expenditures;

             (ii)  Collecting and publishing hotel-related statistics including the number of units available, occupancy rates, and room rates;

            (iii)  Collecting and publishing airline-related data including seat capacity and number of flights;

             (iv)  Collecting information and conducting analyses of the economic, social, and physical impacts of tourism on the State;

              (v)  Conducting periodic studies of the impact of ongoing marketing programs of the Hawaii tourism authority on Hawaii's tourism industry, employment in Hawaii, state taxes, and the State's lesser known and underutilized destinations; and

             (vi)  Cooperate with the Hawaii tourism authority and provide it with the above information in a timely manner; and

     (6)] (5)  Self-sufficiency standard.  The department shall establish and update biennially a self-sufficiency standard that shall incorporate existing methods of calculation, and shall reflect, at a minimum, costs relating to housing, food, child care, transportation, health care, clothing and household expenses, federal and state tax obligations, family size, children's ages, geography, and the number of household wage earners.  The department shall report to the legislature concerning the self-sufficiency standard no later than twenty days prior to the convening of the regular session of 2009, and every odd-numbered year thereafter.  The recommendations shall address, among other things, the utilization of any federal funding that may be available for the purposes of establishing and updating the self-sufficiency standard.

     The department shall be the central agency to coordinate film permit activities in the State."

     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)[]Tourism research and statistics to:

         (A)  Measure and analyze tourism trends;

         (B)  Provide information and research to assist in the development and implementation of state tourism policy; and

         (C)  Provide tourism information on:

              (i)  Visitor arrivals, visitor characteristics, and expenditures;

             (ii)  The number of transient accommodation units available, occupancy rates, and room rates;

            (iii)  Airline-related data, including seat capacity and number of flights;

             (iv)  The economic, social, and physical impacts of tourism on the State; and

              (v)  The impact of ongoing marketing programs of the authority on Hawaii's tourism industry, employment in Hawaii, state taxes, and the State's lesser known and underutilized destinations; and

     (9)  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 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-9, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§201B-9[]]  Tourism emergency.  (a)  If the board determines that the occurrence of a world conflict, terrorist threat, national or global economic crisis, natural disaster, outbreak of disease, or other catastrophic event, regardless of when or where it occurs, adversely affects Hawaii's tourism industry by resulting in a substantial interruption in the commerce of the State and adversely affecting the welfare of its people, the board shall submit a request to the governor to declare that a tourism emergency exists.

     (b)  Upon declaration by the governor that a tourism emergency exists pursuant to subsection (a), the authority shall develop and implement measures to respond to the tourism emergency, including providing assistance to tourists during the emergency; provided that any tourism emergency response measure implemented pursuant to this subsection shall not include any provision that would adversely affect the organized labor force in tourism-related industries.  With respect to a national or global economic crisis only, in addition to the governor's declaration of the existence of a tourism emergency, no action in response to the tourism emergency declaration may be taken by the authority without the governor's express approval."

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

     SECTION 6.  This Act shall take effect on January 1, 2050.

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