Report Title:

Hawaii Tourism Authority; Use of Attorneys; Appropriation

Description:

Authorizes the Hawaii Tourism Authority to employ its own attorneys. Appropriates $          to the HTA from the tourism special fund for FY 2004-2005. (SD2)

THE SENATE

S.B. NO.

2711

TWENTY-SECOND LEGISLATURE, 2004

S.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the hawaii tourism authority.

 

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

SECTION 1. The legislature finds that the Hawaii tourism authority was established in 1998 to implement the recommendations of the economic revitalization task force relating to tourism and economic development to coordinate the development, marketing, and research of the tourism industry in a manner consistent with the needs of the State.

The Hawaii tourism authority's initial budget was required to fund eighteen months of the Hawaii visitors and convention bureau's marketing contract (July 1, 1998 to December 31, 1998, and January 1, 1999 to December 31, 1999) with funding sufficient for twelve months. This situation caused the authority to utilize future budgets to make up for the appropriation shortfall, which in the authority's initial budget year amounted to $27,000,000. This condition continues today with the Hawaii tourism authority's fiscal year budgets continuing to have inadequate funds to cover the calendar year contracts for marketing of the State of Hawaii as a tourism destination.

The purpose of this Act is to appropriate funds from the tourism special fund to allow the Hawaii tourism authority to begin correcting this fiscal anomaly. It is also the purpose of this Act to authorize the Hawaii tourism authority to employ its own attorneys.

SECTION 2. Chapter 201B, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§201B-   Authority attorneys. (a) The board may appoint or retain by contract one or more attorneys who are independent of the attorney general, to provide legal services for the authority, including:

(1) Representation of the authority in civil actions to which the authority is a party, either directly or through the acts or omissions of its officers or employees;

(2) Advice and assistance to ensure the lawful and efficient administration and operation of the authority;

(3) Review and approval of documents relating to the acquisition of land or interest in land by the authority; and

(4) Other legal service specified by the board.

The board may fix the compensation of the attorneys appointed pursuant to this section. Attorneys appointed or retained by contract shall be exempt from chapters 76 and 89.

(b) Nothing in this section shall preclude the board from requesting and securing legal services from the attorney general and the department of the attorney general, for the authority, for the board or its members, or for the authority's officers and employees, upon mutual agreement."

SECTION 3. Section 28-8.3, Hawaii Revised Statutes, is amended as follows:

1. By amending subsection (a) to read:

"(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;

(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 trustees for any action involving the travel agency recovery fund;

(8) By the office of Hawaiian affairs;

(9) By the department of commerce and consumer affairs for the enforcement of violations of chapters 480 and 485;

(10) As grand jury counsel;

(11) By the Hawaiian home lands trust individual claims review panel;

(12) By the Hawaii health systems corporation or any of its facilities;

(13) By the auditor;

(14) By the office of ombudsman;

(15) By the insurance division;

(16) By the University of Hawaii;

(17) By the Kahoolawe island reserve commission;

(18) By the division of consumer advocacy; [or]

(19) By the Hawaii tourism authority; or

[(19)] (20) By a department, in the event the attorney general, for reasons deemed by the attorney general good and sufficient, declines, to employ or retain an attorney for a department; provided that the governor thereupon waives the provision of this section."

2. By amending subsection (c) to read:

"(c) Every attorney employed by any department on a full-time basis, except an attorney employed by the public utilities commission, the labor and industrial relations appeals board, the Hawaii labor relations board, the office of Hawaiian affairs, the Hawaii health systems corporation, the department of commerce and consumer affairs in prosecution of consumer complaints, insurance division, the division of consumer advocacy, the University of Hawaii, the Hawaii tourism authority, the Hawaiian home lands trust individual claims review panel, or as grand jury counsel, shall be a deputy attorney general."

SECTION 4. There is appropriated out of the tourism special fund the sum of $           , or so much thereof as may be necessary for fiscal year 2004-2005, to improve the operational and financial efficiency of the Hawaii tourism authority; provided that the sum appropriated shall be in addition to the sums appropriated out of the tourism special fund in the Supplemental Appropriations Act of 2004 or any other Act enacted during the 2004 regular session.

SECTION 5. The sum appropriated shall be expended by the Hawaii tourism authority for the purposes of this Act.

SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 7. This Act shall take effect upon its approval, except that sections 4 and 5 shall take effect on July 1, 2004.