Bill Text: HI SB3364 | 2024 | Regular Session | Amended
Bill Title: Relating To Destination Management.
Spectrum: Moderate Partisan Bill (Democrat 7-1)
Status: (Passed) 2024-07-08 - Act 225, 07/08/2024 (Gov. Msg. No. 1326). [SB3364 Detail]
Download: Hawaii-2024-SB3364-Amended.html
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THE SENATE |
S.B. NO. |
3364 |
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THIRTY-SECOND LEGISLATURE, 2024 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO DESTINATION MANAGEMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§201B-
Destination management
action plans; counties; objectives; execution. To meet the destination
management objectives for each county, the authority shall perform the actions
specified in each of the following three-year plans:
(1) Oahu destination management action
plan;
(2) Maui nui destination management
action plan;
(3) Hawaii island destination management
action plan; and
(4) Kauai destination management action
plan,
during the specified phases; provided that the execution of each destination management action plan shall be dependent on the cooperation and participation of the applicable county or state agency or agency in the advisory group, pursuant to section 201B-13."
SECTION 2. Section 201B-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:
""Destination
management" means a collaborative and coordinated process with public and
private stakeholders to manage the various elements of a visitor destination
to:
(1) Create, implement, and monitor
strategies that attract targeted visitor markets and improve visitor
experiences;
(2) Improve natural and cultural resources
valued by both Hawaii residents and visitors;
(3) Develop and maintain tourism-related
infrastructure to prevent overcrowding and overtaxing sites and resources; and
(4) Ensure that the provision of
services enhances the visitor experience.
"Hawaii
brand" means the qualities and programs that collectively differentiate
the Hawaii experience from other destinations.
"Regenerative
tourism" means a tourism model that:
(1) Is designed and carefully managed to
bring net benefits to local communities and destinations; and
(2) Implements an innovative and
sustainable economic development plan to:
(A) Make net positive contributions;
(B) Create conditions that allow
communities to flourish;
(C) Engage in collaborative efforts that
provide visitors with genuine and meaningful experiences in Hawaii; and
(D) Improve destinations for current and
future generations for the well-being of the environment, residents, indigenous
communities, and visitors."
SECTION 3. Section 201B-3, Hawaii Revised Statutes, is amended to read as follows:
"§201B-3
Powers, generally. (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 its
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 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 strategic
tourism [marketing] management 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;
(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, Hawaii's
natural environment, and areas frequented by visitors;
(15) Have a permanent, strong focus on Hawaii brand
management;
(16) Coordinate all agencies and advise the private
sector in the development of tourism-related activities and resources;
(17) 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;
(18) Market and promote sports-related activities
and events;
(19) 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;
(20) Establish a public information and educational
program to inform the public of tourism and tourism-related problems;
(21) [Encourage] Coordinate the
development of tourism educational, training, and career counseling programs;
(22) 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;
(23) Develop and implement emergency measures to
respond to any adverse effects on the tourism industry, pursuant to section
201B-9;
(24) 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;
(25) 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]
(26) 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[.];
(27) Enhance the tourism industry in the
State to grow its positive contributions to the residents of the State;
provided that the authority's initiatives shall follow destination management
practices and integrate regenerative tourism; and
(28) Focus on perpetuating the uniqueness
of the Hawaiian culture and community, as well as their significance to the
quality of the visitor experience, by ensuring that:
(A) The Hawaiian culture is accurately
portrayed by Hawaii's visitor industry;
(B) The Hawaiian language is supported
and normalized as an official language of the State;
(C) Hawaiian cultural practitioners and
cultural sites are supported, nurtured, and engaged in sustaining the visitor
industry; and
(D) A Hawaiian cultural education and
training program is provided for the members of the visitor industry workforce
who have direct contact with visitors.
(b) The authority shall do any and all things necessary to carry out its purposes, to exercise the powers and responsibilities given in this chapter, and to perform other functions required or authorized by law.
[(c) As used in this section, "Hawaii
brand" shall have the same meaning as in section 201B-6.]"
SECTION 4. Section 201B-6, Hawaii Revised Statutes, is amended to read as follows:
"§201B-6
[Tourism marketing] Strategic tourism management plan;
measures of effectiveness. (a) The authority shall be responsible for
developing a strategic tourism [marketing] management plan[.]
that advances tourism marketing, complies with destination management best
practices, and promotes regenerative tourism. The plan shall be a single, comprehensive
document that shall be updated every year and include the following:
(1) Statewide Hawaii brand management efforts and programs;
(2) Targeted markets;
(3) Efforts to enter into Hawaii brand management
projects that make effective use of cooperative programs;
(4) Program performance goals and targets
that can be monitored as market gauges and used as attributes to evaluate the
authority's programs; [and]
(5) The authority's guidance and direction for the development and coordination of promotional and marketing programs that build and promote the Hawaii brand, which are implemented through contracts and agreements with destination marketing organizations or other qualified organizations, including:
(A) Target markets and the results being sought;
(B) Key performance indicators; and
(C) Private sector collaborative or
cooperative efforts that may be required[.]; and
(6) Statewide destination management and
regenerative tourism efforts and programs.
[As
used in this section, "Hawaii brand" means the programs that
collectively differentiate the Hawaii experience from other destinations.]
(b) In accordance with subsection (a), the
authority shall develop measures of effectiveness to assess the overall
benefits and effectiveness of the [marketing] strategic tourism
management plan and include documentation of the progress of the [marketing]
strategic tourism management plan towards achieving the authority's
strategic plan goals."
SECTION 5. Section 201B-7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) The authority may enter into contracts and
agreements that include the following:
(1) Tourism promotion, marketing, [and]
development[;], and destination management;
(2) Market development-related research;
(3) Product development and diversification issues
focused on visitors;
(4) Promotion, development, and coordination of festivals,
community events, cultural activities, environmental stewardship activities,
sports-related activities, and events[;] that strengthen the
relationships between the place and people for Hawaii's residents and visitors
alike;
(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, 2020, and thereafter,
contracts issued pursuant to this paragraph for the marketing of all uses of
the convention center facility may be issued separately from the management,
use, operation, or maintenance of the facility;
(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 effects of the marketing programs of the
authority on the measures of effectiveness developed pursuant to section
201B-6(b); and
(9) Any and all other activities necessary to
carry out the intent of this chapter;
provided that the authority shall 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.
(b) The authority shall be responsible for:
(1) Creating a vision and developing a long-range strategic plan for tourism in Hawaii;
(2) Developing destination management action plans for each county;
[(2)] (3)
Promoting, marketing, and developing the tourism industry in the
State;
[(3)] (4)
Arranging for the conduct of research through contractual
services with the University of Hawaii or any agency or other qualified persons
concerning social, economic, and environmental aspects of tourism development
in the State;
[(4)] (5)
Providing technical or other assistance to agencies and private
industry upon request;
[(5) Perpetuating the uniqueness of the
native Hawaiian culture and community, and their importance to the quality of
the visitor experience, by ensuring that:
(A) The Hawaiian culture is accurately
portrayed by Hawaii's visitor industry;
(B) Hawaiian language is supported and
normalized as both an official language of the State as well as the foundation
of the host culture that draws visitors to Hawaii;
(C) Hawaiian cultural practitioners and
cultural sites that give value to Hawaii's heritage are supported, nurtured,
and engaged in sustaining the visitor industry; and
(D) A native Hawaiian cultural education
and training program is provided for the visitor industry workforce having
direct contact with visitors;] and
(6) Reviewing annually the expenditure of public funds by any visitor industry organization that contracts with the authority to perform tourism promotion, marketing, and development and making recommendations necessary to ensure the effective use of the funds for the development of tourism."
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on January 1, 2060.
Report Title:
HTA; Tourism; Destination Management; Regenerative Tourism
Description:
Amends the powers and duties of the Hawaii Tourism Authority. Requires the HTA to develop destination management action plans for each county and to perform the actions specified in each destination management action plan. Renames the HTA's tourism marketing plan as the strategic tourism management plan and amends the required components of the plan. Requires the strategic tourism management plan to include statewide destination management and regenerative tourism efforts and programs. Takes effect 1/1/2060. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
