§201B-2  Hawaii tourism authority;establishment; board; president and chief executive officer.  (a)  Thereis established the Hawaii tourism authority, which shall be a body corporateand a public instrumentality of the State, for the purpose of implementing thischapter.  The authority shall be placed within the department of business,economic development, and tourism for administrative purposes only.

(b)  The authority shall be headed by apolicy-making board of directors that shall consist of twelve members; providedthat:

(1)  The members shall be appointed by the governor asprovided in section 26-34, except as otherwise provided by law;

(2)  The members shall include at least onerepresentative each from the city and county of Honolulu and the counties ofHawaii, Kauai, and Maui; the remaining members shall be appointed at-large;

(3)  Three members shall be appointed by the governorfrom a list of three names submitted for each appointment by the president ofthe senate, and three members shall be appointed by the governor from a list ofthree names submitted for each appointment by the speaker of the house ofrepresentatives; provided that if fewer than three names are submitted for eachappointment, the governor may disregard the list;

(4)  At least six members shall have knowledge,experience, and expertise in the area of visitor industry management,marketing, promotion, transportation, retail, entertainment, or visitorattractions, and at least one shall have knowledge, experience, and expertise inthe area of Hawaiian cultural practices; provided that no more than threemembers shall represent, be employed by, or be under contract to any sector ofthe industry represented on the board;

(5)  The governor shall make appointments to ensurethe fulfillment of all requirements; provided that any appointments made afterJuly 1, 2002, shall be made to fulfill the requirements in place when theappointments are made; and

(6)  No person who has served as a member of the boardof directors of the Hawaii Visitors and Convention Bureau shall be eligible tosit as a member of the board of directors of the Hawaii tourism authority untilat least two years have expired between the person's termination from serviceon the Hawaii Visitors and Convention Bureau board and the person's appointmentto the authority's board of directors.

(c)  Members shall be appointed by thegovernor for terms of four years.  Each member shall hold office until themember's successor is appointed and qualified.  Section 26-34 shall be applicableinsofar as it relates to the number of terms and consecutive number of years amember may serve on the board.

(d)  The board shall elect a chairpersonfrom among the members.

(e)  Seven members shall constitute aquorum and a minimum of seven affirmative votes shall be necessary for allactions by the authority.  The members shall serve without compensation, butshall be reimbursed for expenses, including traveling expenses, necessary forthe performance of their duties.

(f)  [Repeal and reenactment on June 30,2010.  L Sp 2009, c 5, §12.]  The board shall appoint one person to serveas president and chief executive officer, exempt from chapters 76 and 88 whoshall oversee the authority staff; provided that the compensation package,including salary, shall not exceed nine per cent of the five per centauthorized for administrative expenses under section 201B-11(c); and providedfurther that the compensation package shall not include private sector moneysor other contributions.  The board shall set the president and chief executiveofficer's duties, responsibilities, holidays, vacations, leaves, hours of work,and working conditions.  It may grant other benefits as it deems necessary. [L1998, c 156, pt of §2; am L 2000, c 253, §150; am L 2002, c 143, §2 and c 148,§19; am L 2003, c 3, §3; am L 2004, c 10, §7 and c 58, §§6, 14(2); am L 2005, c22, §50 and c 235, §4; am L 2006, c 306, §1; am L 2007, c 187, §2; am L Sp2009, c 5, §4]

 

Note

 

  The following acts exempted their amendments from the June30, 2010 repeal and reenactment condition of L 2006, c 306, §1:

  L 2004, c 10, §7 as amended by L 2005, c 22, §46; L Sp 2009,c 5, §4.

 

Revision Note

 

  In subsection (b)(5), "July 1, 2002" substitutedfor "the effective date of this Act".