§201B-3  Powers and duties.  (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 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;



(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.



(b)  The authority shall be responsible for:



(1)  Promoting, marketing, and developing the tourism
industry in the State;



(2)  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;



(3)  Providing technical or other assistance to
agencies and private industry upon request;



(4)  Creating a vision and developing a long-range
strategic plan for tourism in Hawaii; and



(5)  Reviewing annually the expenditure of public
funds by any visitor industry organization with which the authority contracts
to perform tourism promotion, marketing, and development and making
recommendations necessary to ensure the effective use of the funds for the
development of tourism.  The authority shall also prepare annually a report of
expenditures, including descriptions and evaluations of programs funded,
together with any recommendations the authority may make and shall submit the
report to the governor and the legislature as part of the annual report
required under section 201B-16.



(c)  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. [L 1998, c 156, pt of §2; am L 2002, c 38, §1, c 143, §3, c 148, §20, and
c 253, §7; am L 2003, c 3, §4; am L 2004, c 9, §1; am L 2005, c 235, §5; am L
2007, c 201, §2; am L Sp 2009, c 5, §5]