THE SENATE	S.B. NO.	3364
THIRTY-SECOND LEGISLATURE, 2024		S.D. 2
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO DESTINATION MANAGEMENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Chapter 201B, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§201B-    Destination management action plans; counties; objectives; execution. To meet the destination management objectives for each county, the authority shall perform the actions specified in each of the following plans:

(1) Oahu destination management action plan;

(2) Maui nui destination management action plan;

(3) Hawaii island destination management action plan; and

(4) Kauai destination management action plan,

during the specified phases; provided that the execution of each destination management action plan shall be dependent on the cooperation and participation of the applicable state or county agency or an advisory group established pursuant to section 201B-13."

SECTION 2. Section 201B-1, Hawaii Revised Statutes, is amended by adding three new definitions to be appropriately inserted and to read as follows:

""Destination management" means a collaborative and coordinated process with public, private, and community stakeholders to manage the various elements of a visitor destination to:

(1) Create, implement, and monitor strategies that attract targeted visitor markets and improve visitor experiences;

(2) Improve natural and cultural resources valued by Hawaii residents and visitors;

(3) Develop and maintain tourism-related infrastructure to prevent overcrowding and overtaxing sites and resources; and

(4) Ensure that the provision of services enhances the visitor experience.

"Hawaii brand" means the qualities and programs that collectively differentiate the Hawaii experience from other destinations.

"Regenerative tourism" means a tourism model that:

(1) Is designed and carefully managed to bring net benefits to local communities and destinations; and

(2) Implements an innovative and sustainable economic development plan to:

(A) Make net positive contributions;

(B) Create conditions that allow communities to flourish;

(C) Engage in collaborative efforts that provide visitors with genuine and meaningful experiences in Hawaii; and

(D) Improve destinations for current and future generations for the well-being of the environment, residents, indigenous communities, and visitors."

SECTION 3. Section 201B-3, Hawaii Revised Statutes, is amended to read as follows:

"§201B-3 Powers, generally. (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 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 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 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 strategic tourism [marketing] management 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;

(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, Hawaii's natural environment, and areas frequented by visitors;

(15) Have a permanent, strong focus on Hawaii brand management;

(16) Coordinate all agencies and advise the private sector in the development of tourism-related activities and resources;

(17) 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;

(18) Market and promote sports-related activities and events;

(19) 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;

(20) Establish a public information and educational program to inform the public of tourism and tourism-related problems;

(21) [Encourage] Coordinate the development of tourism educational, training, and career counseling programs;

(22) 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;

(23) Develop and implement emergency measures to respond to any adverse effects on the tourism industry, pursuant to section 201B-9;

(24) 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;

(25) 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]

(26) 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[.];

(27) Enhance the tourism industry in the State to grow its positive contributions to residents of the State; provided that the authority's initiatives shall follow destination management practices and integrate regenerative tourism; and

(28) Focus on perpetuating the uniqueness of the Hawaiian culture and community and their significance to the quality of the visitor experience3 by ensuring that:

(A) The Hawaiian culture is accurately portrayed by Hawaii's visitor industry;

(B) The Hawaiian language is supported and normalized as an official language of the State;

(C) Hawaiian cultural practitioners and cultural sites are supported, nurtured, and engaged in sustaining the visitor industry; and

(D) A Hawaiian cultural education and training program is provided for the members of the visitor industry workforce who have direct contact with visitors.

(b) 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.

[(c) As used in this section, "Hawaii brand" shall have the same meaning as in section 201B-6.]"

SECTION 4. Section 201B-6, Hawaii Revised Statutes, is amended to read as follows:

"§201B-6 [Tourism marketing] Strategic tourism management plan; measures of effectiveness. (a) The authority shall be responsible for developing a strategic tourism [marketing] management plan[.] that advances tourism marketing, complies with destination management best practices, and promotes regenerative tourism. The plan shall be a single, comprehensive document that shall be updated every year and include the following:

(1) Statewide Hawaii brand management efforts and programs;

(2) Targeted markets;

(3) Efforts to enter into Hawaii brand management projects that make effective use of cooperative programs;

(4) Program performance goals and targets that can be monitored as market gauges and used as attributes to evaluate the authority's programs; [and]

(5) The authority's guidance and direction for the development and coordination of promotional and marketing programs that build and promote the Hawaii brand, which are implemented through contracts and agreements with destination marketing organizations or other qualified organizations, including:

(A) Target markets and the results being sought;

(B) Key performance indicators; and

(C) Private sector collaborative or cooperative efforts that may be required[.]; and

(6) Statewide destination management and regenerative tourism efforts and programs.

[As used in this section, "Hawaii brand" means the programs that collectively differentiate the Hawaii experience from other destinations.]

(b) In accordance with subsection (a), the authority shall develop measures of effectiveness to assess the overall benefits and effectiveness of the [marketing] strategic tourism management plan and include documentation of the progress of the [marketing] strategic tourism management plan towards achieving the authority's strategic plan goals."

SECTION 5. Section 201B-7, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:

"(a) The authority may enter into contracts and agreements that include the following:

(1) Tourism promotion, marketing, [and] development[;], and destination management;

(2) Market development-related research;

(3) Product development and diversification issues focused on visitors;

(4) Promotion, development, and coordination of festivals, community events, cultural activities, environmental stewardship activities, sports-related activities, and events[;] that strengthen the relationships between the place and people for Hawaii's residents and visitors alike;

(5) Promotion of Hawaii, through a coordinated statewide effort, as a place to do business, including high technology business, and as a business destination;

(6) Reduction of barriers to travel;

(7) Marketing, management, use, operation, or maintenance of the convention center facility, including the purchase or sale of goods or services, logo items, concessions, sponsorships, and license agreements, or any use of the convention center facility as a commercial enterprise; provided that effective January 1, 2020, and thereafter, contracts issued pursuant to this paragraph for the marketing of all uses of the convention center facility may be issued separately from the management, use, operation, or maintenance of the facility;

(8) Tourism research and statistics to:

(A) Measure and analyze tourism trends;

(B) Provide information and research to assist in the development and implementation of state tourism policy; and

(C) Provide tourism information on:

(i) Visitor arrivals, visitor characteristics, and expenditures;

(ii) The number of transient accommodation units available, occupancy rates, and room rates;

(iii) Airline-related data including seat capacity and number of flights;

(iv) The economic, social, and physical impacts of tourism on the State; and

(v) The effects of the [marketing] strategic tourism management programs of the authority on the measures of effectiveness developed pursuant to section 201B-6(b); and

(9) Any and all other activities necessary to carry out the intent of this chapter;

provided that the authority shall periodically submit a report of the contracts and agreements entered into by the authority to the governor, [the] speaker of the house of representatives, and [the] president of the senate.

(b) The authority shall be responsible for:

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

(2) Developing destination management action plans for each county;

[(2)] (3) Promoting, marketing, and developing the tourism industry in the State;

[(3)] (4) 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;

[(4)] (5) Providing technical or other assistance to agencies and private industry upon request;

[(5) Perpetuating the uniqueness of the native Hawaiian culture and community, and their importance to the quality of the visitor experience, by ensuring that:

(A) The Hawaiian culture is accurately portrayed by Hawaii's visitor industry;

(B) Hawaiian language is supported and normalized as both an official language of the State as well as the foundation of the host culture that draws visitors to Hawaii;

(C) Hawaiian cultural practitioners and cultural sites that give value to Hawaii's heritage are supported, nurtured, and engaged in sustaining the visitor industry; and

(D) A native Hawaiian cultural education and training program is provided for the visitor industry workforce having direct contact with visitors;] and

(6) Reviewing annually the expenditure of public funds by any visitor industry organization that contracts with the authority to perform tourism promotion, marketing, and development and making recommendations necessary to ensure the effective use of the funds for the development of tourism."

SECTION 6. Section 201B-16, Hawaii Revised Statutes, is amended to read as follows:

"§201B-16 Annual report. The authority shall submit a complete and detailed report of its activities, expenditures, and results, including the progress of the strategic tourism [marketing] management plan developed pursuant to section 201B-6, toward achieving the authority's strategic plan goals, to the governor and [the] legislature [at least] 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 the authority may make."

SECTION 7. Section 201B-5, Hawaii Revised Statutes, is repealed.

["§201B-5 Exemption of Hawaii tourism authority from administrative supervision of boards and commissions. Notwithstanding any law to the contrary, the authority shall be exempt from section 26-35 with the exception of section 26-35(a)(2), (3), (7), (8) and subsection (b)."]

SECTION 8. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 9. This Act shall take effect on July 1, 3000.

Report Title:

HTA; Destination Management; Regenerative Tourism; Administrative Supervision of Boards and Commission; Repeal Strategic Tourism Management Plan

Description:

Requires the Hawaii Tourism Authority to develop destination management action plans for each county and to perform specific actions in each plan. Expands the powers and duties of the Hawaii Tourism Authority. Repeals the exemption of the Hawaii Tourism Authority from administrative supervision of boards and commissions. Renames the tourism marketing plan as the strategic tourism management plan and amends the required components of the plan. Requires the strategic tourism management plan to include statewide destination management and regenerative tourism efforts and programs. Effective 7/1/3000. (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.