§201B-3  Powers and duties.  (a)  Exceptas 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 executiveofficer, make and execute contracts and all other instruments necessary orconvenient for the exercise of its powers and functions under this chapter;provided that the authority may enter into contracts and agreements for aperiod of up to five years, subject to the availability of funds; and providedfurther that the authority may enter into agreements for the use of theconvention center facility for a period of up to ten years;

(4)  Make and alter bylaws for its organization andinternal management;

(5)  Unless otherwise provided in this chapter, adoptrules in accordance with chapter 91 with respect to its projects, operations,properties, and facilities;

(6)  Through its president and chief executiveofficer, represent the authority in communications with the governor and thelegislature;

(7)  Through its president and chief executiveofficer, provide for the appointment of officers, agents, a sports coordinator,and employees, subject to the approval of the board, prescribing their dutiesand qualifications, and fixing their salaries, without regard to chapters 76and 78, if there is no anticipated revenue shortfall in the tourism specialfund and funds have been appropriated by the legislature and allotted asprovided by law;

(8)  Through its president and chief executiveofficer, purchase supplies, equipment, or furniture;

(9)  Through its president and chief executiveofficer, allocate the space or spaces that are to be occupied by the authorityand appropriate staff;

(10)  Through its president and chief executiveofficer, engage the services of qualified persons to implement the State'stourism marketing plan or portions thereof as determined by the authority;

(11)  Through its president and chief executiveofficer, engage the services of consultants on a contractual basis forrendering professional and technical assistance and advice;

(12)  Procure insurance against any loss in connectionwith its property and other assets and operations in amounts and from insurersas it deems desirable;

(13)  Contract for or accept revenues, compensation,proceeds, and gifts or grants in any form from any public agency or any othersource, including any revenues or proceeds arising from the operation or use ofthe convention center;

(14)  Develop, coordinate, and implement state policiesand directions for tourism and related activities taking into account theeconomic, social, and physical impacts of tourism on the State and its naturalresources infrastructure; provided that the authority shall support the effortsof other state and county departments or agencies to manage, improve, andprotect Hawaii's natural environment and areas frequented by visitors;

(15)  Have a permanent, strong focus on marketing andpromotion;

(16)  Conduct market development-related research asnecessary;

(17)  Coordinate all agencies and advise the privatesector in the development of tourism-related activities and resources;

(18)  Work to eliminate or reduce barriers to travel toprovide a positive and competitive business environment, including coordinatingwith the department of transportation on issues affecting airlines and airroute development;

(19)  Market and promote sports-related activities andevents;

(20)  Coordinate the development of new products withthe 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 educationalprogram 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, andrespond to complaints about problems resulting directly or indirectly from thetourism industry and taking appropriate action as necessary;

(24)  Develop and implement emergency measures torespond to any adverse effects on the tourism industry, pursuant to section201B-9;

(25)  Set and collect rents, fees, charges, or otherpayments for the lease, use, occupancy, or disposition of the convention centerfacility without regard to chapter 91;

(26)  Notwithstanding chapter 171, acquire, lease aslessee or lessor, own, rent, hold, and dispose of the convention centerfacility in the exercise of its powers and the performance of its duties underthis chapter; and

(27)  Acquire by purchase, lease, or otherwise, anddevelop, construct, operate, own, manage, repair, reconstruct, enlarge, orotherwise effectuate, either directly or through developers, a convention centerfacility.

(b)  The authority shall be responsible for:

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

(2)  Arranging for the conduct of research throughcontractual services with the University of Hawaii or any agency or otherqualified persons concerning social, economic, and environmental aspects oftourism development in the State;

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

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

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

(c)  The authority shall do any and all thingsnecessary to carry out its purposes, to exercise the powers and responsibilitiesgiven in this chapter, and to perform other functions required or authorized bylaw. [L 1998, c 156, pt of §2; am L 2002, c 38, §1, c 143, §3, c 148, §20, andc 253, §7; am L 2003, c 3, §4; am L 2004, c 9, §1; am L 2005, c 235, §5; am L2007, c 201, §2; am L Sp 2009, c 5, §5]