§201B-2  Hawaii tourism authority;
establishment; board; president and chief executive officer.  (a)  There
is established the Hawaii tourism authority, which shall be a body corporate
and a public instrumentality of the State, for the purpose of implementing this
chapter.  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 a
policy-making board of directors that shall consist of twelve members; provided
that:



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



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



(3)  Three members shall be appointed by the governor
from a list of three names submitted for each appointment by the president of
the senate, and three members 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;



(4)  At least six 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;



(5)  The governor shall make 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; and



(6)  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 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)  Members shall be appointed by the
governor for terms of four years.  Each member shall hold office until the
member's successor is appointed and qualified.  Section 26-34 shall be applicable
insofar as it relates to the number of terms and consecutive number of years a
member may serve on the board.



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



(e)  Seven 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.



(f)  [Repeal and reenactment on June 30,
2010.  L Sp 2009, c 5, §12.]  The board shall appoint one person to serve
as president and chief executive officer, exempt from chapters 76 and 88 who
shall oversee the authority staff; provided that the compensation package,
including salary, shall not exceed nine per cent of the five per cent
authorized for administrative expenses under section 201B-11(c); and provided
further that the compensation package shall not include private sector moneys
or other contributions.  The board shall set the president and chief executive
officer's duties, responsibilities, holidays, vacations, leaves, hours of work,
and working conditions.  It may grant other benefits as it deems necessary. [L
1998, 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, c
22, §50 and c 235, §4; am L 2006, c 306, §1; am L 2007, c 187, §2; am L Sp
2009, c 5, §4]



 



Note



 



  The following acts exempted their amendments from the June
30, 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" substituted
for "the effective date of this Act".