Report Title:

Hawaii Office of Sports Promotion; Established

Description:

Establishes a Hawaii office of sports promotion within the department of business, economic development, and tourism to market, promote, develop, and coordinate sports-related activities and events. (SD1)

THE SENATE

S.B. NO.

162

TWENTY-THIRD LEGISLATURE, 2005

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO Sports.

 

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

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

"pArT   . Hawaii office of sports promotion

§201-A Definitions. As used in this chapter:

"Agency" means any agency, department, authority, board, commission, the University of Hawaii, or any other political subdivision of the State or county.

"Council" means the Hawaii sports promotion council.

"Director" means the director of business, economic development, and tourism.

"Department" means the department of business, economic development, and tourism.

"Office" means the Hawaii office of sports promotion established under section    -B.

"Public agency" means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government.

§201-B Hawaii office of sports; establishment. There is established within the department of business, economic development, and tourism the Hawaii office of sports promotion, which shall be responsible for implementing the purposes of this part.

§201-C Powers and duties of the office. The office shall be responsible for:

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

(2) Developing, coordinating, and implementing long-range state policies and directions for the sports promotion and tourism industry and related activities including the establishment and updating of a state sports promotion and tourism industry functional plan;

(3) Develop and implement a strategic sports promotion and tourism industry marketing plan, which shall be updated every three years, to promote and market the State as a desirable sports promotion and tourism industry destination;

(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 sports promotion and tourism industry development in the State;

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

(6) Establishing a public information and educational program to inform the public of sports promotion and tourism industry-related problems;

(7) Encouraging the development of educational, training, and career counseling programs in the sports promotion and tourism industry;

(8) Establishing a program to monitor and investigate complaints about problems resulting directly or indirectly from the sports-promotion and tourism industry and taking appropriate action as needed;

(9) Engaging the services of qualified persons to implement the office's sports marketing plan or portions thereof as determined by the office;

(10) Engaging the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

(11) Developing, coordinating, and implementing state policies and directions for sports promotion and tourism and related activities taking into account the economic, social, and physical impacts of the sports promotion and tourism industry on the State; provided that the office shall catalog a directory of Hawaii's sports facilities and support the efforts of other state and county departments or agencies to manage, improve, and protect Hawaii's sports facilities, natural environment, and areas frequented by visitors;

(12) Coordinating all agencies and advising the private sector in the development of sports promotion and tourism industry activities and resources;

(13) Having a permanent, strong focus on sports promotion and tourism industry marketing and promotion;

(14) Conducting market development-related research as necessary;

(15) Marketing and promoting sports-related activities and events;

(16) Coordinating the development of new sports industry and tourism products with the State, counties, and private sector;

(17) Perpetuating existing youth sports industry and tourism products, developing of new youth sports industry and tourism products, and coordinating with the counties and the private sector to achieve these goals;

(18) Performing other necessary or desirable functions to facilitate the intent of this part; and

(19) Performing other functions required or authorized by law.

§201-D Hawaii sports marketing council; establishment; appointment, number, and term of members; duties. (a) There is established within the department, for administrative purposes, an advisory council to be known as the Hawaii sports marketing council, which shall review and make recommendations on matters relating to state sports marketing and promotion programs and activities.

(b) The council shall be composed of fifteen members; provided that:

(1) Three members shall be appointed by the governor as provided in section 26-34, except as otherwise provided by law;

(2) Two members shall be appointed by the speaker of the house of representatives and two shall be appointed by the president of the senate;

(3) The comptroller shall be an ex officio voting member;

(4) The director of business, economic development, tourism shall be an ex officio voting member;

(5) The executive director of the Hawaii tourism authority shall be an ex officio voting member;

(6) The athletic director of the intercollegiate office of administration of the University of Hawaii shall be an ex officio voting member; and

(7) The mayor of each county shall be ex officio voting members.

(c) Each member shall hold office until the member's successor is appointed and qualified. Section 26-34 shall apply insofar as it relates to the number of terms and consecutive number of years a member may serve on the council.

(d) In appointing members, the governor shall select persons who have had experience in sports promotion and tourism industry marketing and promotion. The members of the council shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties.

(e) The council shall meet quarterly. The council may meet more frequently at the discretion of the deputy director in response to changing market needs.

(f) The council shall annually review, evaluate, and make recommendations to the department on the State's sports promotion and tourism industry marketing and promotion programs and activities. Copies of the council's findings and recommendations shall be furnished to the governor and legislature. The reviews and recommendations of the council shall include but not be limited to:

(1) A three-year sports promotion and tourism industry marketing plan, including its market segmentation and long-range targeting aspects;

(2) Implementation of a three-year sports promotion and tourism industry marketing plan; and

(3) Inventory and analysis of visitor satisfaction and complaint reports.

§201-E Contract with the Hawaii tourism authority and other organizations; report. (a) Any law to the contrary notwithstanding, the office may contract with the Hawaii tourism authority or any other visitor industry organization to perform sports promotion and tourism promotion, marketing, and development, subject to the availability of funds; provided that, whenever possible, the term of these contracts shall be for at least two years and, to the extent practicable, the office shall negotiate and execute all contracts under this subsection as early as possible following the beginning of each fiscal biennium.

(b) The office shall review annually the expenditure of public funds by the Hawaii tourism authority or any other visitor industry organization and shall make recommendations necessary to ensure the effective use of the funds for the development of the State's sports promotion and tourism industry. The office shall also prepare annually a report of expenditures, including descriptions and evaluations of programs funded, together with any recommendations the deputy director may make and shall submit the report to the legislature as part of the annual report required under section 201-I.

§201-F Sports promotion and tourism marketing and functional plans; measures of effectiveness. (a) The office shall be responsible for developing a strategic sports promotion and tourism marketing plan and an attendant functional plan that shall be updated every three years and shall include the following:

(1) Identification and evaluation of current and future sports promotion and tourism needs for the different regions of the State;

(2) Goals and objectives in accordance with identified needs;

(3) Statewide promotional efforts and programs;

(4) Targeted markets;

(5) Efforts to enter into brand marketing projects that make effective use of cooperative advertising programs; and

(6) Measures of effectiveness for the office's promotional programs.

(b) In accordance with subsection (a), the office shall be responsible for developing measures of effectiveness to assess the overall benefits and effectiveness of the marketing plan and the functional plan and include documentation of the directly attributable benefits of the plans to the following:

(1) Hawaii's sports promotion and tourism industry;

(2) Employment in Hawaii;

(3) State taxes; and

(4) The State's lesser known and underutilized sports facilities.

§201-G Sports promotion and tourism-related activities. The office, with the approval of the director, may enter into contracts and agreements that include the following:

(1) Sports promotion, marketing, and development;

(2) Market development-related research;

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

(4) Promotion, development, and coordination of sports-related activities and events;

(5) Promotion of Hawaii, through a coordinated statewide effort, as a sports promotion and tourism destination;

(6) Reduction of barriers to travel; and

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

provided that for any contract or agreement valued at $25,000 and over, the office shall provide notice to the speaker of the house of representatives and the president of the senate on the same day that the notification is given to the governor.

§201-H Assistance by state and county agencies. Any state or county agency may render services upon request of the office.

§201-I Annual report. The office shall submit a complete and detailed report of its activities, expenditures, and results to the governor and the legislature at least twenty days prior to the convening of each regular session of the legislature.

§201-J Rules. The department shall adopt rules in accordance with chapter 91 for the purposes of this part."

SECTION 2. Section 201B-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(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) 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 executive director represent the authority in communications with the governor and with the legislature;

(7) Through its executive director appoint officers, agents, and employees, prescribe their duties and qualifications, and fix their salaries, without regard to chapters 76 and 78;

(8) Through its executive director purchase supplies, equipment, or furniture;

(9) Through its executive director allocate the space or spaces which are to be occupied by the authority and appropriate staff;

(10) Engage the services of qualified persons to implement the State's tourism marketing plan or portions thereof as determined by the authority;

(11) 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 such amounts and from such 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 in order 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)] (19) Coordinate the development of new products with the counties and other public sectors and private sectors, including the development of [sports,] culture, health and wellness, education, technology, agriculture, and nature tourism;

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

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

[(23)] (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;

[(24)] (23) 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)] (24) Notwithstanding the provisions of 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)] (25) 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."

SECTION 3. Section 201B-7, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

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

(1) Tourism promotion, marketing, and development;

(2) Market development-related research;

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

[(4) Promotion, development, and coordination of sports-related activities and events;

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

[(6)] (5) Reduction of barriers to travel;

[[(7)]] (6) 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, 2003, and thereafter the contract for management of the convention center facility shall include marketing for all uses of the facility; and

[[(8)]] (7) Any and all other activities necessary to carry out the intent of this chapter;

provided that for any contract or agreement valued at $25,000 and over, the authority shall provide notice to the speaker of the house of representatives and the president of the senate on the same day that [such] notification is given to the governor."

SECTION 4. In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval.