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HB1944
HOUSE OF REPRESENTATIVES
H.B. NO.
1944
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to tourism
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
PART I
����
SECTION
1.
�
The Hawaii Revised Statutes is
amended by adding a new chapter to be appropriately designated and to read as
follows:
"
Chapter
HAWAII
DESTINATION STEWARDSHIP
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�
-1
�
Definitions.
�
As used in this chapter, unless the context
otherwise requires:
����
"Agency"
means any agency, department, authority, board, commission, the university of
Hawaii, or any other unit of the State or a county.
����
"Authority"
means the Hawaii tourism authority established pursuant to section 201B-2.
����
"Board"
means the board of directors of the authority, and any successor thereto.
����
"Convention
center facility" or "convention center" means any combination of
land, buildings, and improvements thereon, acquired or developed by the State,
and includes exhibition halls, meeting rooms, a plenary session hall, and support
space that reflect a Hawaii sense of place; any other structure or facility
required or useful for the operation of a convention center, including
commercial, office, community service, parking, garage, and other supporting
service structures; and all necessary, useful, and related equipment,
furnishings, and appurtenances.
����
"
Corporation for the stewardship of Hawaii tourism
"
or "corporation" means the nonprofit organization designated as the
official destination stewardship organization for Hawaii.
����
"County"
means the city and county of Honolulu, county of Hawaii, county of Kauai, or
county of Maui.
����
"Destination
stewardship" means a collaborative and coordinated process among public,
private, nonprofit, and community stakeholders to manage the various elements
of a visitor economy to:
����
(1)
�
Support Hawaii's economic prosperity by
creating, implementing, and monitoring strategies that attract targeted
visitors and improve visitor experiences;
����
(2)
�
Develop regenerative strategies to improve
natural and cultural resources valued by Hawaii residents and visitors and
yield benefits for communities in the State;
����
(3)
�
Create strategies to manage visitation in ways
that safeguard Hawaii parks, beaches, and natural areas; communities; cultural
centers; and other assets from overcrowding and overuse;
����
(4)
�
Yield opportunities for Hawaii residents to
create and build locally based businesses and pursue rewarding careers; and
����
(5)
�
Perpetuate the Hawaiian culture and honor the
many cultures represented among the State's population.
����
"Destination
stewardship organization" means a tourism organization that is structured
to guide a visitor economy in collaboration with public, private, nonprofit,
and community stakeholders in achieving beneficial outcomes from tourism, based
on the principles of destination stewardship and regenerative tourism.
����
"Destination
stewardship organization service agreement" or "agreement" means
a written contract authorizing the destination stewardship organization to
expend state funding to achieve specified deliverables on behalf of the State.
����
"Hawaii
brand" means the qualities and programs that collectively differentiate
the Hawaii experience from other destinations.
����
"Hawaii
destination stewardship council" or "state council" means an
appointed governing body that collaborates to oversee the strategy, policy, and
finances of the statewide destination stewardship organization.
����
"Incorporator"
means the president and chief executive officer of the authority.
����
"Island
destination stewardship council" or "island council" means an
appointed body of stakeholders who collaborate in development of county or
island destination management action plans, prioritize actions for
implementation, and participate in achieving desired outcomes.
����
"Public
agency" means any office, department, board, commission, bureau, division,
public corporation agency, entity, or instrumentality of the federal, state, or
county government.
����
"Regenerative
tourism" means a tourism model that:
����
(1)
�
Is designed and carefully managed to bring net
benefits to local communities, resources, culture, and residents; and
����
(2)
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Engages in collaborative efforts to implement
innovative and sustainable plans and strategies to:
���������
(A)
�
Make net-positive contributions from
visitation;
���������
(B)
�
Support and create conditions that allow
communities to flourish;
���������
(C)
�
Provide visitors with genuine and meaningful
experiences in Hawaii; and
���������
(D)
�
Improve Hawaii places and experiences for
current and future generations for the well-being of the environment,
residents, indigenous communities, and visitors.
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-2
�
Nonprofit Hawaii destination stewardship organization;
establishment; board; incorporator.
�
(a)
�
Through the incorporator, the
authority shall organize a nonprofit corporation, to be designated as the
corporation for the stewardship of Hawaii tourism, by filing with the
department of commerce and consumer affairs a certificate of
incorporation.
�
The incorporator shall be
responsible for taking all the necessary actions to organize and incorporate
the corporation, which shall be considered neither an agency of the State nor a
public corporation.
�
The corporation
shall have all of the general powers of a nonprofit private corporation pursuant
to chapter 414D.
����
(b)
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The incorporator shall state in the
certificate of incorporation:
����
(1)
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That the corporation shall serve as the
official destination stewardship organization for Hawaii and as the official
representative for Hawaii tourism; and
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(2)
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Any additional provisions that are necessary
for the administration or management of the corporation.
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(c)
�
The certificate of incorporation shall
further state that the initial affairs of the corporation shall be managed by the
Hawaii destination stewardship council.
����
(d)
�
The
Hawaii
destination stewardship council
shall consist of up to twenty voting
members and six ex officio, nonvoting members; provided that:
����
(1)
�
The members shall be appointed by the
governor, except as otherwise provided by this section;
����
(2)
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The voting members shall include:
���������
(A)
�
The elected chairs of island destination
stewardship councils;
���������
(B)
�
At least eight members with direct experience
and expertise in the business of accommodations, tourism-related
transportation, retail, entertainment, or attractions; provided further that
the governor shall appoint members from nominations submitted by statewide
associations representing these industry sectors and shall strive to achieve a
balance of representation from the sectors and from the four counties;
���������
(C)
�
A member representing a nonprofit organization
engaged in advocacy for the environment;
���������
(D)
�
A member representing a nonprofit organization
engaged in advocacy for social improvements;
���������
(E)
�
At least one member with knowledge,
experience, and expertise in Hawaiian cultural practices;
���������
(F)
�
Two members of the house of representatives,
to be appointed by the speaker of the house of representatives; and
���������
(G)
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Two members of the senate, to be appointed by
the president of the senate; and
����
(3)
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The state council shall include six ex officio
members to represent state government agencies, as follows:
����
����
(A)
�
The
stewardship liaison in the office of the governor, or another designee of the
governor;
����
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(B)
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The
chairperson of the board of agriculture and biosecurity, or the chairperson's
designee;
����
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(C)
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The
director of business, economic development, and tourism, or the director's
designee;
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(D)
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The
chairperson of the board of land and natural resources, or the chairperson's
designee;
����
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(E)
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The
director of transportation, or the director's designee; and
����
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(F)
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The
executive director of the state foundation on culture and the arts, or the
executive director's designee;
���������
provided
further that ex officio members shall not vote but may contribute to policy and
strategy discussions and serve on council working groups and committees.
����
(e)
�
Quorum for the Hawaii destination stewardship
council shall consist of at least one-half of members who are neither ex
officio members nor legislative appointees.
�
A majority vote of all members present shall
be necessary to conduct business.
����
(f)
�
Members shall serve without compensation but
shall be reimbursed for expenses, including travel expenses, necessary for the
performance of their duties.
����
(g)
�
Members appointed by the governor shall serve
for four-year terms; provided that membership on the Hawaii destination
stewardship council shall not exceed eight consecutive years; provided further
that each member shall hold office until the member's successor is appointed
and qualified.
����
(h)
�
The voting members of the Hawaii destination
stewardship council shall elect a chair and vice chair from among the
membership of the state council.
�
No
chair shall serve more than four consecutive years.
����
(i)
�
Members who are no longer part of the entities
they were named to represent shall cease to be members of the Hawaii
destination stewardship council.
�
The
vacancy shall be filled by appointment or election pursuant to this section.
����
(j)
�
The Hawaii destination stewardship council may
establish committees as it deems appropriate.
����
(k)
�
The incorporator shall carry out other tasks
required by chapter 414D that are needed to complete the organization of the corporation,
including but not limited to holding the initial meeting of the island
destination stewardship council, overseeing the election of the officers of the
state council, and adopting the bylaws of the corporation and a corporate seal.
����
�
-3
�
Corporation for the stewardship of Hawaii
tourism; president and chief executive officer.
�
(a)
�
The corporation shall be administered by the
president and chief executive officer.
�
The
president and chief executive officer shall be:
����
(1)
�
An individual with professional experience in
the tourism industry;
����
(2)
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Selected and approved by a vote of the Hawaii
destination stewardship council; and
����
(3)
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Approved by the governor.
The president and chief executive officer shall
serve at the pleasure of the state council.
����
(b)
�
The Hawaii destination stewardship council
shall set the president and chief executive officer's compensation and benefits
based upon industry standards for the leaders of destination organizations of
similar size and budget.
����
(c)
�
The president and chief executive officer
shall:
����
(1)
�
Hire, supervise, and direct the staff of the corporation;
and
����
(2)
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Determine the compensation of the staff of the
corporation based on industry standards for positions at destination
organizations of similar size and budget.
����
(d)
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The president and chief executive officer and
other staff of the corporation shall not be considered employees of the State and
shall be exempt from all laws pertaining to state employees, except for chapter
84.
����
(e)
�
The president and chief executive officer
shall report to and receive guidance from the Hawaii destination stewardship
council on matters of policy, strategy, and finance.
�
The president and chief executive officer shall
implement the strategic plan adopted by the state council.
����
(f)
�
The president and chief executive officer and
corporation shall comply with chapter 103D for any goods and services purchased
by the corporation to carry out its purposes.
����
(g)
�
No later than twenty days before the convening
of each regular session of the legislature, the president and chief executive
officer shall submit to the legislature a report on the activities and budget
of the corporation, including but not limited to:
����
(1)
�
The income and expenses of the corporation;
����
(2)
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The fund balance of the corporation;
����
(3)
�
A summary of the strategic tourism stewardship
plan; and
����
(4)
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A report of the corporation's progress in achieving
the goals set forth in the strategic tourism stewardship plan.
����
The
portions of the report that pertain to the income and expenses and fund balance
of the corporation shall be audited by independent accountants retained by the corporation
for this purpose.
����
The corporation
shall post a copy of the report on a publicly accessible part of its official website.
����
�
-4
�
Transition; destination stewardship organization
service agreement.
�
(a)
�
After the effective date of this Act, there
shall be established a transition period during which the authority shall
continue to direct brand development, destination management, and other
responsibilities of the corporation.
����
(b)
�
During the transition period identified in
subsection (a), the corporation shall be organized, and all the necessary
administrative actions shall be taken so that the corporation shall be fully
operational and capable of effectively fulfilling the objectives, purpose,
duties, and functions set forth in its certificate of incorporation.
����
(c)
�
The office of the governor shall enter into
and execute a destination stewardship organization service agreement with the
corporation.
�
The agreement shall set
forth a process, which shall not exceed three months, to transition responsibilities
from the authority to the corporation.
�
The
agreement shall set dates on which the transition period begins and ends.
����
(d)
�
After the transition period ends, the
corporation shall assume the principal duties of stewarding the marketing and
promotion of Hawaii as a visitor destination, destination development, and all other
duties carried out by the authority.
����
(e)
�
All of the terms and conditions that govern
the destination stewardship organization service agreement shall be binding and
enforceable upon all of the parties to the agreement.
�
The corporation shall neither assume nor be
held liable for any existing obligations or debts of the authority, unless the
agreement expressly provides otherwise.
����
(f)
�
On the final date of the transition period
identified in subsection (a), the Hawaii destination stewardship council shall issue
and deliver a certification to the president and chief executive officer of the
authority.
����
(g)
�
Once the certification is received by the
president and chief executive officer of the authority, the authority shall
cease to carry out its functions.
�
The
authority shall certify the date of transfer of the delegated functions, on
which date the authority shall be repealed.
����
�
-5
�
Powers; generally.
�
(a)
�
The
corporation shall collaborate in actions to build a thriving tourism economy
that:
����
(1)
�
Addresses local priorities as determined
through collaboration with island destination stewardship councils;
����
(2)
�
Creates opportunities for commerce that
benefit Hawaii residents;
����
(3)
�
Safeguards and improves the unique assets of
Hawaii; and
����
(4)
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Perpetuates the uniqueness of the Hawaiian
culture and community and the significance of Hawaiian culture and community to
the quality of the visitor experience.
����
(b)
�
The corporation shall do any and all things
necessary to carry out its purposes and to exercise the powers and functions provided
in this chapter.
����
(c)
�
Except as otherwise limited by this chapter,
the corporation may:
����
(1)
�
Sue and be sued;
����
(2)
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Adopt 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 corporation may enter into contracts and agreements for a period of up to
five years, subject to the availability of funds; provided further that the
corporation 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)
�
Through its president and chief executive
officer, represent the corporation in communications with the governor and
legislature;
����
(6)
�
Through its president and chief executive
officer, provide for the appointment of officers, agents, and employees,
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;
����
(7)
�
Through its president and chief executive
officer, purchase supplies, equipment, and furniture;
����
(8)
�
Through its president and chief executive
officer, allocate the space or spaces that are to be occupied by the
corporation and its staff;
����
(9)
�
Through its president and chief executive
officer, engage the services of consultants on a contractual basis for
rendering professional and technical assistance and advice;
���
(10)
�
Procure insurance against any loss in
connection with its property and other assets and operations in amounts and
from insurers as it deems desirable;
���
(11)
�
Contract for or accept revenues, compensation,
proceeds, and gifts or grants in any form from any public agency or any other
source;
���
(12)
�
Undertake any and all other activities
necessary to carry out the purposes of this chapter.
����
�
-6
�
Meetings of the Hawaii destination
stewardship council.
�
(a)
�
The meetings of the Hawaii destination
stewardship council shall be open to the public as provided in section 92-3, except
when it is necessary for the state council to receive:
����
(1)
�
Information that is proprietary to a
particular enterprise, or the disclosure of which might be harmful to the
business interests of the enterprise; or
����
(2)
�
Information that is necessary to protect
Hawaii's competitive advantage as a visitor destination; provided that
information relating to marketing plans and strategies may be disclosed after the
execution of the marketing plans and strategies.
����
(b)
�
The state council may enter into an executive
meeting that is closed to the public in accordance with part I of chapter 92.
����
(c)
�
The state council shall be subject to sections
92-4 and 92-5 to enable the state council to respect the proprietary
requirements of enterprises with which they have business dealings.
����
�
-7
�
Strategic plan; strategic tourism stewardship
plan; measures of effectiveness.
�
The
corporation shall be responsible for leading development of collaborative
plans, including but not limited to:
����
(1)
�
Developing a vision and long-range strategic
plan for tourism in Hawaii;
����
(2)
�
Creating an annual strategic tourism
stewardship plan to generate a healthy tourism economy, advance the Hawaii brand
and destination stewardship best practices, and advance regenerative tourism;
provided that the plan shall be a single, comprehensive document to be shared
annually with the legislature and governor no later than twenty days prior to
the convening of each regular session; and
����
(3)
�
Developing periodic destination stewardship
action plans for each county to identify and address destination stewardship
objectives.
����
�
-8
�
Destination stewardship action plans; island
destination stewardship councils; objectives; execution.
�
(a)
�
To
identify and address destination stewardship objectives for each county, the
corporation shall lead a collaborative process with island destination
stewardship councils to develop destination stewardship action plans for each
county.
����
(b)
�
Members of the island councils shall be named
by agreement of the mayor and chairperson of the county council of each county.
�
Each island council shall include no fewer
than fifteen and no more than twenty members.
�
Appointed members who represent organizations not named in this section may
serve a four-year term and may serve no more than eight years.
����
(c)
�
A quorum shall consist of at least fifty per cent
of the island council's full membership.
�
The members of each island council shall elect
a chairperson and vice chairperson by a majority vote of the full membership.
����
(d)
�
The members of an island council shall
include:
����
(1)
�
Representatives of each census-designated
place on the island;
����
(2)
�
The economic development officer of the
applicable county;
����
(3)
�
The executive director of the county visitor
bureau;
����
(4)
�
The head of the chamber of commerce or
equivalent;
����
(5)
�
At least six and no more than nine
representatives of the county visitor industry, including owners, managers, association
leaders, or others with direct experience and expertise in managing
accommodations, restaurants, retail, entertainment, or attractions;
����
(6)
�
At least one member with knowledge,
experience, and expertise in the area of Hawaiian cultural practices; and
����
(7)
�
Local representatives of state agencies with a
role in the health of the Hawaii visitor economy, including the department of land
and natural resources, department of transportation, and department of agriculture
and biosecurity.
����
(e)
�
The membership of an island council also may
include representatives of:
����
(1)
�
Law enforcement or first responders;
����
(2)
�
Educational institutions;
����
(3)
�
The transportation sector;
����
(4)
�
The housing sector;
����
(5)
�
The agricultural sector; and
����
(6)
�
Nonprofit organizations engaged in
environmental, social, or cultural activities.
����
(f)
�
Additional island councils may be designated
for any county that encompasses more than one island that has a population of five
thousand or more.
����
(g)
�
Each county's destination stewardship action
plan shall identify priorities for a healthy island visitor economy that
creates positive visitor experiences, improves natural and cultural resources valued
by island residents and visitors, mitigates overcrowding and overuse of
resources, and advances regenerative strategies to create beneficial outcomes
from tourism, as described by guidelines developed by the corporation and
approved by the Hawaii destination stewardship council.
����
(h)
�
On an annual basis, each island council shall
identify a one-year action plan to implement priority initiatives identified in
the periodic destination stewardship plan.
�
The island council shall use funding from an
annual destination stewardship grant to implement the one-year action plan in
collaboration with designated representatives of the corporation and in keeping
with grant guidelines established by the corporation.
����
(i)
�
The periodic and one-year destination
stewardship action plans of each county shall be approved by a majority vote of
the full membership of the applicable island council.
����
(j)
�
Each island council, in collaboration with
designated representatives of the corporation, shall prepare and approve an annual
report identifying the outcomes of the annual destination stewardship action
plan and describing how the island council complied with the grant guidelines.
����
�
-9
�
Exemption of corporation from taxation by the
State.
�
The following shall be exempt
from all taxation by the State:
����
(1)
�
All revenues and receipts derived by the
corporation from any project or project agreement, or other agreement
pertaining thereto; and
����
(2)
�
Any right, title, and interest of the
corporation in any project.
����
�
-10
�
Declaration of public function, purpose, and
necessity.
�
The powers and functions
granted to and exercised by the corporation under this chapter are declared to
be public and governmental functions, exercised for a public purpose, and
matters of public necessity.
�
Members of
the Hawaii destination stewardship council and employees of the corporation
shall not be personally liable for any activity of the corporation conducted in
good faith.
����
�
-11
�
Annual report.
�
The corporation shall submit to the
governor and legislature a complete and detailed report of its activities,
expenditures, and results, including the progress of the strategic tourism
stewardship plan toward achieving the corporation's strategic plan goals, no
later than twenty days prior to the convening of each regular session of the
legislature.
�
The annual report shall
include the descriptions and evaluations of programs funded, together with any
recommendations of the corporation."
����
SECTION
2
.
�
Section 23-76, Hawaii Revised Statutes, is
amended by amending subsection (c) to read as follows:
����
"(c)
�
This section shall apply to the following:
����
(1)
�
Section
237-24.3(4)--Amounts received by employment benefit plans and amounts received
by nonprofit organizations or offices for the administration of employee
benefit plans;
����
(2)
�
Section
237-24.3(5)--Amounts received from food coupons under the federal food stamp
program or vouchers under the Special Supplemental Foods Program for Women,
Infants and Children;
����
(3)
�
Section
237-24.3(6)--Amounts received from the sale of prescription drugs or prosthetic
devices;
����
(4)
�
Section
237-24.3(8)--Amounts received as dues by unincorporated merchants associations
for advertising or promotion;
����
(5)
�
Section
237-24.3(9)--Amounts received by labor organizations from real property leases;
����
(6)
�
Section
237-24.75(2)--Reimbursements to the Hawaii convention center operator [
from
the Hawaii tourism authority
];
����
(7)
�
Section
237-24.75(3)--Reimbursements to professional employer organizations from client
companies for employee wages and fringe benefits; and
����
(8)
�
Section 209E-11--Amounts received by qualified
businesses in enterprise zones."
����
SECTION
3
.
�
Section 28-8.3, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"
(a)
�
No department of the State other than the attorney general may employ or
retain any attorney, by contract or otherwise, for the purpose of representing
the State or the department in any litigation, rendering legal counsel to the
department, or drafting legal documents for the department; provided that the
foregoing provision shall not apply to the employment or retention of
attorneys:
����
(1)
�
By the public utilities commission, the labor
and industrial relations appeals board, and the Hawaii labor relations board;
����
(2)
�
By any court or judicial or legislative office
of the State; provided that if the attorney general is requested to provide
representation to a court or judicial office by the chief justice or the chief
justice's designee, or to a legislative office by the speaker of the house of
representatives and the president of the senate jointly, and the attorney
general declines to provide such representation on the grounds of conflict of
interest, the attorney general shall retain an attorney for the court, judicial,
or legislative office, subject to approval by the court, judicial, or
legislative office;
����
(3)
�
By the legislative reference bureau;
����
(4)
�
By any compilation commission that may be
constituted from time to time;
����
(5)
�
By the real estate commission for any action
involving the real estate recovery fund;
����
(6)
�
By the contractors license board for any
action involving the contractors recovery fund;
����
(7)
�
By the office of Hawaiian affairs;
����
(8)
�
By the department of commerce and consumer
affairs for the enforcement of violations of chapters 480 and 485A;
����
(9)
�
As grand jury counsel;
���
(10)
�
By the Hawaii health systems corporation, or
its regional system boards, or any of their facilities;
���
(11)
�
By the auditor;
���
(12)
�
By the office of ombudsman;
���
(13)
�
By the insurance division;
���
(14)
�
By the University of Hawaii;
���
(15)
�
By the Kahoolawe island reserve commission;
���
(16)
�
By the division of consumer advocacy;
���
(17)
�
By the office of elections;
���
(18)
�
By the campaign spending commission;
��
[
(19)
�
By the Hawaii tourism authority, as
provided in section 201B-2.5;
���
(20)
]
(19)
�
By the division of financial institutions;
��
[
(21)
]
(20)
�
By the office of information practices;
��
[
(22)
]
(21)
�
By the school facilities authority;
��
[
(23)
]
(22)
�
By
the Mauna Kea stewardship and oversight
authority
; or
��
[
(24)
]
(23)
�
By a department, if the attorney
general, for reasons deemed by the attorney general to be good and sufficient,
declines to employ or retain an attorney for a department; provided that the
governor waives the provision of this section."
����
SECTION
4
.
�
Section 36-27, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"
(a)
�
Except
as provided in this section, and notwithstanding any other law to the contrary,
from time to time, the director of finance, for the purpose of defraying the
prorated estimate of central service expenses of government in relation to all
special funds, except the:
����
(1)
�
Special
out-of-school time instructional program fund under section 302A-1310;
����
(2)
�
School
cafeteria special funds of the department of education;
����
(3)
�
Special
funds of the University of Hawaii;
���
[
(4)
�
Convention
center enterprise special fund under section 201B-8;
����
(5)
]
(4)
�
Special funds established by section 206E-6;
���
[
(6)
]
(5)
�
Aloha Tower fund created by section 206J-17;
���
[
(7)
]
(6)
�
Funds of the employees' retirement system
created by section 88-109;
���
[
(8)
]
(7)
�
Hawaii hurricane relief fund established
under chapter 431P;
���
[
(9)
]
(8)
�
Hawaii health systems corporation
special funds and the subaccounts of its regional system boards;
��
[
(10)
]
(9)
�
Universal service fund established under
section 269-42;
��
[
(11)
]
(10)
�
Emergency and budget reserve fund under
section 328L-3;
��
[
(12)
]
(11)
�
Public schools special fees and charges fund
under section 302A-1130;
��
[
(13)
]
(12)
�
Sport fish special fund under section
187A-9.5;
��
[
(14)
]
(13)
�
Neurotrauma special fund under section
321H-4;
��
[
(15)
]
(14)
�
Glass advance disposal fee established by
section 342G-82;
��
[
(16)
]
(15)
�
Center for nursing special fund under
section
304A
-2163;
��
[
(17)
]
(16)
�
Passenger facility charge special fund
established by section 261-5.5;
��
[
(18)
]
(17)
�
Solicitation of funds for charitable purposes
special fund established by section 467B-15;
��
[
(19)
]
(18)
�
Land conservation fund established by section
173A-5;
��
[
(20)
]
(19)
�
Court interpreting services revolving fund
under section 607-1.5;
��
[
(21)
]
(20)
�
Trauma system special fund under section
321-22.5;
��
[
(22)
]
(21)
�
Hawaii cancer research special fund;
��
[
(23)
]
(22)
�
Community health centers special fund;
��
[
(24)
]
(23)
�
Emergency medical services special fund;
��
[
(25)
]
(24)
�
Rental motor vehicle customer facility charge
special fund established under section 261-5.6;
��
[
(26)
]
(25)
�
Shared services technology special fund under
section 27-43;
��
[
(27)
]
(26)
�
Automated victim information and notification
system special fund established under section 353-136;
��
[
(28)
]
(27)
�
Deposit beverage container deposit special
fund under section 342G-104;
��
[
(29)
]
(28)
�
Hospital sustainability program special fund
under section 346G-4;
��
[
(30)
]
(29)
�
Nursing facility sustainability
program special fund under
section
346F-4
;
��
[
(31)
]
(30)
�
Hawaii 3R's school improvement fund under
section 302A-1502.4;
��
[
(32)
]
(31)
�
After-school plus program revolving fund
under section 302A-1149.5;
��
[
(33)
]
(32)
�
Civil monetary penalty special fund under
section 321-30.2;
��
[
(34)
]
(33)
�
Stadium development special fund under
section 109-3.5; and
��
[
(35)
]
(34)
�
Universal immunization purchase special fund
under section 325‑133,
shall
deduct five per cent of all receipts of all other special funds, which
deduction shall be transferred to the general fund of the State and become
general realizations of the State.
�
All
officers of the State and other persons having power to allocate or disburse
any special funds shall cooperate with the director in effecting these
transfers.
�
To determine the proper
revenue base upon which the central service assessment is to be calculated, the
director shall adopt rules pursuant to chapter 91 for the purpose of suspending
or limiting the application of the central service assessment of any fund.
�
No later than twenty days prior to the
convening of each regular session of the legislature, the director shall report
all central service assessments made during the preceding fiscal year.
"
����
SECTION
5
.
�
Section 36-30, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:
����
"
(a)
�
Each special fund, except the:
����
(1)
�
Special
out-of-school time instructional program fund under section 302A-1310;
����
(2)
�
School cafeteria
special funds of the department of education;
����
(3)
�
Special funds of
the University of Hawaii;
����
(4)
�
Special funds
established by section 206E-6;
����
(5)
�
Aloha Tower fund
created by section 206J-17;
����
(6)
�
Funds of the
employees' retirement system created by section 88-109;
����
(7)
�
Hawaii hurricane
relief fund established under chapter 431P;
���
[
(8)
�
Convention
center
enterprise special fund established under section 201B-8;
����
(9)
]
(8)
�
Hawaii health
systems corporation special funds and the subaccounts of its regional system
boards;
��
[
(10)
]
(9)
�
Universal service fund established
under section 269-42;
��
[
(11)
]
(10)
�
Emergency and budget reserve fund
under section 328L-3;
��
[
(12)
]
(11)
�
Public schools special fees and
charges fund under section 302A-1130;
��
[
(13)
]
(12)
�
Sport fish special fund under section
187A-9.5;
��
[
(14)
]
(13)
�
Neurotrauma special fund under section
321H-4;
��
[
(15)
]
(14)
�
Center for nursing special fund under
section 304A-2163;
��
[
(16)
]
(15)
�
Passenger facility charge special fund
established by section 261-5.5;
��
[
(17)
]
(16)
�
Court interpreting services revolving
fund under section 607-1.5;
��
[
(18)
]
(17)
�
Trauma system special fund under
section 321-22.5;
��
[
(19)
]
(18)
�
Hawaii cancer research special fund;
��
[
(20)
]
(19)
�
Community health centers special fund;
��
[
(21)
]
(20)
�
Emergency medical services special
fund;
��
[
(22)
]
(21)
�
Rental motor vehicle customer facility
charge special fund established under section 261-5.6;
��
[
(23)
]
(22)
�
Shared services technology special
fund under section
27-43;
��
[
(24)
]
(23)
�
Nursing facility sustainability
program special fund established pursuant to
section 346F-4
;
��
[
(25)
]
(24)
�
Automated victim information and notification
system special fund established under section 353-136;
��
[
(26)
]
(25)
�
Hospital sustainability program special fund under
section 346G-4;
��
[
(27)
]
(26)
�
Civil monetary penalty special fund under
section 321-30.2; and
��
[
(28)
]
(27)
�
Stadium development special fund under
section 109-3.5,
shall be responsible for its pro rata share of the
administrative expenses incurred by the department responsible for the
operations supported by the special fund concerned."
����
SECTION 6.
�
Section 237-24.75, Hawaii Revised Statutes,
is amended to read as follows:
����
"
�237-24.75
�
Additional exemptions.
�
In addition to the amounts exempt under
section 237-24, this chapter shall not apply to:
����
(1)
�
Amounts received as a beverage container
deposit collected under chapter 342G, part VIII;
����
(2)
�
Amounts received by the operator of the Hawaii
convention center for reimbursement of costs or advances [
made pursuant to a
contract with the Hawaii tourism authority under section 201B-7
]; and
����
(3)
�
Amounts received by a professional employer
organization that is registered with the department of labor and industrial
relations pursuant to chapter 373L, from a client company equal to amounts that
are disbursed by the professional employer organization for employee wages,
salaries, payroll taxes, insurance premiums, and benefits, including
retirement, vacation, sick leave, health benefits, and similar employment
benefits with respect to covered employees at a client company; provided that
this exemption shall not apply to amounts received by a professional employer
organization after:
���������
(A)
�
Notification from the department of labor and
industrial relations that the professional employer organization has not
fulfilled or maintained the registration requirements under this chapter; or
���������
(B)
�
A determination by the department that the
professional employer organization has failed to pay any tax withholding for
covered employees or any federal or state taxes for which the professional
employer organization is responsible.
���������
As used in
this paragraph, "professional employer organization", "client
company", and "covered employee" shall have the meanings
provided in section 373L-1."
����
SECTION
7
.
�
Section 237D-6.5, Hawaii Revised Statutes, is
amended by amending subsection (b) to read as follows:
����
"(b)
�
Except for the revenues collected pursuant to
section 237D-2(e), revenues collected under this chapter shall be distributed
in the following priority, with the excess revenues to be deposited into the
general fund:
����
(1)
�
$1,500,000
shall be allocated to the Turtle Bay conservation easement special fund
beginning July 1, 2015, for the reimbursement to the state general fund of debt
service on
reimbursable general obligation bonds
, including ongoing expenses related to the issuance of the
bonds, the proceeds of which were used to acquire the conservation easement and
other real property interests in Turtle Bay, Oahu, for the protection,
preservation, and enhancement of natural resources important to the State,
until the bonds are fully amortized;
���
[
(2)
�
$11,000,000
shall be allocated to the convention center enterprise special fund established
under section 201B-8;
����
(3)
]
(2)
�
An allocation shall be deposited into
the tourism emergency special fund, established in section 201B-10, in a manner
sufficient to maintain a fund balance of $5,000,000 in the tourism emergency
special fund; and
���
[
(4)
]
(3)
�
$3,000,000 shall be allocated to the
special land and development fund established under section 171-19; provided
that the allocation shall be expended in accordance with the Hawaii tourism
authority strategic plan for:
���������
(A)
�
The protection,
preservation, maintenance, and enhancement of natural resources, including
beaches, important to the visitor industry;
���������
(B)
�
Planning
,
construction, and repair of facilities; and
���������
(C)
�
Operation
and
maintenance costs of public lands, including beaches,
connected
with enhancing the visitor experience.
����
All transient accommodations taxes
shall be paid into the state treasury each month within ten days after
collection and shall be kept by the state director of finance in special
accounts for distribution as provided in this subsection."
����
SECTION 8
.
�
Sections
6E-18, 23-76, 46-11, and 206E-34
, Hawaii Revised Statutes, are amended by substituting the
words
"corporation for the
stewardship of Hawaii tourism", or similar term, wherever the words
"Hawaii tourism authority", or similar term, appears, as the context
requires.
PART II
����
SECTION 9.
�
Chapter 201B, Hawaii Revised Statutes, is
repealed.
PART III
����
SECTION 10.
�
This Act does not affect rights and duties
that matured, penalties that were incurred, and proceedings that were begun
before its effective date.
����
SECTION 11.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.
����
SECTION 12.
�
This Act shall take effect upon its approval;
provided that part II of this Act shall take effect on the date of transfer of
delegated functions from the Hawaii tourism authority to the corporation for
the stewardship of Hawaii tourism pursuant to section -4(g),
Hawaii Revised Statutes.
INTRODUCED BY:
_____________________________
Report Title:
Destination
Stewardship; Corporation for the Stewardship of Hawaii Tourism; Nonprofit
Organization; Hawaii Tourism Authority; Repeal
Description:
Establishes
and designates the Corporation for the Stewardship of Hawaii Tourism, a
nonprofit organization, as the official destination stewardship organization
for the State.
�
Repeals the Hawaii
Tourism Authority.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.