reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-5 Promotion director and employees.

§201-5 Promotion director and employees.
The director of business, economic development, and tourism shall employ a promotion director who shall be experienced in industrial and economic promotional activities, and who shall be exempt from chapter 76. The director of business, economic development, and tourism may employ other persons and the director shall determine their qualifications, duties, and compensations subject to chapter 76. The compensation of the promotion director shall be determined by the director of business, economic development, and tourism. [L 1955, c 264, pt of §1; RL 1955, §28A-3; am L 1957, c 23, §3; am L Sp 1959 2d, c 1, §25; am L 1963, c 2, §3; HRS §201-5; gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-6 Interested members or employees.

§201-6 Interested members or employees.
No member or employee of the department of business, economic development, and tourism shall have any pecuniary interest, direct or indirect, in any contract entered into by the department. If any such person has an interest, the person shall immediately disclose the same in writing to the department which shall enter the disclosure upon its minutes. Failure to so disclose such interest shall constitute misconduct in office. [L 1955, c 264, pt of §1; RL 1955, §28A-4; am L 1959, c 51, §2; am L Sp 1959 2d, c 1, § §10, 25; am L 1963, c 2, §3; HRS §201-6; gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-7 Advisory committees.

§201-7 Advisory committees.
The department of business, economic development, and tourism may appoint advisory committees as it deems advisable for the purpose of obtaining expert and specialized counsel and advice on specific matters under consideration by the department and may include as members of the committees officers and employees of any government department or agency. The department may assign its own staff to aid and assist the advisory committees and may reimburse any member of any committee for necessary expenses incurred in the performance of the member's work for the department. [L 1955, c 264, pt of §1; RL 1955, §28A-7; am L 1957, c 23, §6; am L Sp 1959 2d, c 1, § §10, 25; am L 1963, c 2, §3; HRS §201-7; gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-8 Recommendations to agencies.

§201-8 Recommendations to agencies.
On the basis of submitted reports and such other information as the department of business, economic development, and tourism may obtain, it may, as it deems it desirable for the best coordination and effectiveness of economic development activities in the State, make recommendations in writing to any agency of the state government. [L 1955, c 264, pt of §1; RL 1955, §28A-8; am L 1957, c 23, §7; am L Sp 1959 2d, c 1, § §10, 25; am L 1963, c 2, §3; HRS §201-8; am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-9 Cooperation with other agencies; acceptance and spending of grants; dissemination of findings.

§201-9 Cooperation with other agencies; acceptance and spending of grants; dissemination of findings.
[(a)] The department of business, economic development, and tourism shall seek the widest possible cooperation, under law, with public and private agencies and the federal government in achieving the purpose of this part. It may accept funds from individuals and other agencies, public and private, and agree to such lawful and reasonable conditions and terms as the donor of funds may require, all toward the end of furthering the purposes of this part. The funds may be expended by the department on vouchers approved by its director, or may be transferred to other state agencies for expenditure by them in effectuating the purposes of this part.
[(b)] To the end of stimulating cooperation toward the economic development of Hawaii and of disseminating useful information which it obtains, the department shall from time to time publish the results of its research, its findings, and recommendations. [L 1955, c 264, pt of §1; RL 1955, §28A-9; am L 1959, c 51, §3; am L Sp 1959 2d, c 1, § §10, 25; am L 1963, c 2, §3; HRS §201-9; am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-10 Reports.

§201-10 Reports.
[(a)] The department of business, economic development, and tourism shall at least once a year, not later than February 15, file a report of its activities for the preceding year with the governor, and shall report to the legislature in every year in which it meets in regular session. The reports may include recommendations with reference to additional legislation or other action that may be necessary to carry out the purposes of this part.
[(b)] Upon the written request of the department, approved by the governor, any state or county agency engaged in activities relating to economic development shall supply to the department such reports on these activities as the department deems necessary to the effectuation of its functions. [L 1955, c 264, pt of §1; RL 1955, §28A-10; am L Sp 1959 2d, c 1, § §10, 25; am L 1963, c 2, §3; HRS §201-10; am L 1987, c 336, §7; am L 1990, c 293, §8]
Cross References
Due date of annual reports, see §93-12.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-11 Expenditures.

§201-11 Expenditures.
Expenditures by the department of business, economic development, and tourism, except as otherwise provided by this part, shall be made on the basis of vouchers approved by the director of business, economic development, and tourism, or by a subordinate so authorized by the director. [L 1955, c 264, pt of §2; RL 1955, §28A-12; am L Sp 1959 2d, c 1, § §10, 25; am L 1963, c 2, §3; HRS §201-11; am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-12 State program for energy planning and conservation.

§201-12 State program for energy planning and conservation.
The department shall develop a state program for energy planning and conservation. The program shall consist of short and long-range planning for the development and promulgation of methods to encourage voluntary conservation of gasoline, diesel oil, natural gas, propane, heating oils, other fuels, and electrical energy, and efficient development of new or alternative sources of such fuels and energy. The information resulting from such methods is to be disseminated to the people of Hawaii through all forms of mass communication media, public and private schools, private and civic organizations, and all other appropriate means. Public information offices of other state and county agencies may be called upon for assistance in the development of such program. [L 1974, c 240, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-13 Powers and duties of the department of business, economic development, and tourism in marine affairs.

§201-13 Powers and duties of the department of business, economic development, and tourism in marine affairs.
The department of business, economic development, and tourism shall:
(1) Assist state agencies in developing and analyzing plans, including objectives, criteria to measure the accomplishment of objectives, programs through which the objectives are to be attained, and financial requirements for the total and optimum development of Hawaii's marine resources based on the needs and goals of the State;
(2) Develop and analyze plans for future economic development projects, including objectives and criteria to measure the accomplishment of objectives; develop and implement programs through which the objectives are to be attained; and determine financial requirements for the total and optimum development of Hawaii's marine resources based on the needs and goals of the State;
(3) Assist those departments having interests in marine affairs, coordinate those activities which involve the responsibilities of multiple state agencies, and encourage the timely and effective implementation of all authorized marine projects and programs;
(4) Coordinate the dissemination of information to the federal government, other state governments, governments of nations with interests in the Pacific basin, private and public organizations involved in marine science and technology, and commercial enterprises of Hawaii's leadership potential as the center for marine affairs;
(5) Coordinate the State's involvement in national and international efforts to investigate, develop and utilize the marine resources of the Pacific basin;
(6) Develop programs to continuously encourage private and public marine exploration and research projects which will result in the development of improved technological capabilities in Hawaii; and
(7) Formulate and assist state agencies in formulating specific program and project proposals to solicit increased investment by the federal government and other sources to develop Hawaii's marine resources. [L 1982, c 281, §2; am L 1984, c 262, §1; am L 1987, c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-13.7 Federal funds.

§201-13.7 Federal funds.
Where the governor or the department with the approval of the governor is able to secure federal funds made available under any act of the Congress of the United States to be expended in connection with or for planning grants and community development block grants, the governor or department shall have the power to enter into such undertakings with the proper officers or agencies of the federal government. The department may adopt rules pursuant to chapter 91 as may be necessary to administer and effectuate federal grants and programs that it has been assigned. [L 1987, c 336, pt of §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-13.8 Data or information collection.

§201-13.8 Data or information collection.
(a) The director, in consultation with all affected governmental agencies, shall assess the need for statistics and other information as to the number, characteristics, needs, and movement of people into, out of, or within Hawaii, including residents, migrants, and visitors, and such other information as the director may deem necessary, for the purposes of sound economic research and analysis. The director shall be responsible for collecting, analyzing, and disseminating such information to governmental agencies on a timely basis, and is authorized to use any appropriate method to collect the information, including but not limited to conducting an entry and exit census or survey of all individuals entering, leaving, or living within the State, and obtaining data or information acquired by other agencies, both public and private. All governmental agencies shall cooperate with and assist the director to implement this section.
(b) To the extent that it is identifiable to an individual, information obtained by the department or its agents through surveys, questionnaires, or other information gathering efforts shall be held confidential and not disclosed or opened to public inspection, except that such information may be shared with other government agencies as provided in section 92F-19.
(c) Public disclosure of information gathered by the department could place businesses at a competitive disadvantage. Consequently, where disclosure would result in the impairment of the department's ability to obtain such information and the frustration of a legitimate government function, the department may withhold from public disclosure competitively sensitive information including:
(1) Completed survey and questionnaire forms;
(2) Coding sheets; and
(3) Database records of such information.
(d) The director may adopt necessary rules pursuant to chapter 91, to administer this section. [L 1987, c 336, pt of §2; am L 1998, c 156, §7]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-13.9 Medical cannabis; economic and other data; collection.

§201-13.9 Medical cannabis; economic and other data; collection.
(a) The department shall continuously collect de-identified information regarding the medical cannabis registry and dispensary programs established pursuant to chapters 329 and 329D, including but not limited to information regarding the:
(1) Quantities of cannabis cultivated and dispensed;
(2) Number of qualifying patients;
(3) Geographic areas in which cannabis is cultivated and consumed;
(4) Prices of cannabis and related products;
(5) Number of employment opportunities related to cannabis; and
(6) Economic impact of cannabis cultivation and sales.
(b) The department of health and dispensaries licensed pursuant to chapter 329D shall provide de-identified aggregated data as required by the department pursuant to this section.
(c) Upon request, the department shall provide an analysis of the aggregated de-identified data to the department of health and the legislature. [L 2016, c 230, §2; am L 2017, c 170, §2]
Revision Note
"Marijuana" changed to "cannabis" to conform to L 2017, c 170, pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-14 Consolidated film permit processing.

§201-14
Consolidated film permit processing.
(a) The department shall consult with state and county agencies in order to identify sites that can be used for making visually recorded productions under terms and conditions as may be determined by the state or county agency having jurisdiction over the sites.
(b) The department may accept an application from any person who proposes to make a motion picture, television show, television commercial, or other visually recorded production at one or more sites on state or county lands, whether or not set aside under section 171
-
11.
(c) The applicant shall identify the sites to be covered by the permit and provide other information as may be required by the department.
(d) The department may approve and issue a permit to film at any of the sites identified by the appropriate state or county agency under subsection (a). If any site requested for use by the applicant is not identified under subsection (a), the department shall consult with the appropriate state or county agency having jurisdiction over the site to obtain a permit. If the matter of a permit cannot be resolved in this manner, the department shall refer the application to the appropriate state or county agency to obtain a permit.
(e) The department is authorized to make changes to, and extensions of, any approved permits so long as the changes and extensions do not conflict with the policies, terms, and conditions set forth by the agency having jurisdiction over the site in question.
(f) The department may establish memoranda of agreement or adopt rules to implement the intent and purposes of this section.
(g) Nothing in this section shall be construed as waiving the authority of any county or the department of transportation of the State to require a person to obtain a permit from the department or county where the production takes place on or from a public highway.
(h) A vessel engaged in temporary use for film production purposes in accordance with a film permit issued by the department shall not be considered to be a "commercial vessel" within the meaning of section 200
-
9, 200
-
10, or 200
-
39; provided that:
(1) The period of temporary use does not exceed fourteen hours per day, five days per week, excluding weekends, and for a period not to exceed thirty calendar days; and
(2) The department may make allowances to include weekends for film production purposes due to inclement weather conditions during the weekday period. [L 1987, c 357, §1; am L 1997, c 298, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-16 Annual report; workforce development.

§201-16 Annual report; workforce development.
The department of business, economic development, and tourism shall submit an annual report to the legislature on the department's efforts to increase the number of high-skilled jobs in targeted industry clusters consistent with the efforts of the workforce development council. The department of business, economic development, and tourism shall post the annual report electronically on the Internet. [L 2003, c 148, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-17 Office of international affairs; established.

§201-17 Office of international affairs; established.
(a) There is established, within the department of business, economic development, and tourism, an office of international affairs.
(b) The office shall:
(1) Develop policies that promote and strengthen relations with other countries in the areas of international business, economy, culture, and the arts;
(2) Develop policies that promote transportation between, and tourism with, other countries;
(3) Develop and promote international telecommunications and high technology exchanges;
(4) Encourage the development of international sister-city programs, pairing Hawaii cities with cities around the globe for artistic, cultural, economic, educational, and faith-based exchanges;
(5) Develop and promote Hawaii as the economic, trade, commerce, transportation, banking, and tourism hub of the Pacific;
(6) Develop an international affairs and peace education curriculum that includes studies of international affairs and peace initiatives and takes a proactive, strategic approach to the development of policies that promote the prevention of national and international conflict, nonviolent intervention, mediation, peaceful resolution of conflict, and structured mediation of conflict; and
(7) Provide for exchanges of individuals between Hawaii and other nations to develop international and peace-based initiatives.
(c) Notwithstanding any other law to the contrary, if any of the responsibilities or duties of the office of international affairs under this section overlap with the responsibilities or duties of another agency or authority under this chapter, the office of international affairs shall have exclusive jurisdiction and authority over those responsibilities and duties. [L 2006, c 172, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-19 Research and statistics for growth industries.

§201-19 Research and statistics for growth industries.
(a) The department shall maintain a program for the purpose of:
(1) Measuring and analyzing new economic development trends within growth industries such as:
(A) Ocean sciences and technology;
(B) Biotechnology and life sciences;
(C) Astronomy;
(D) Technology and information services;
(E) Film and creative media;
(F) Diversified agriculture;
(G) Aquaculture; and
(H) Specialty tourism;
(2) Providing economic information to policy makers, the public, and the various growth industries under paragraph (1) for use in setting policies, objectives, and goals. This includes collecting, analyzing, and publishing available data on an annual basis relating but not limited to:
(A) Economic diversification, income and income distribution, and issues and measures of the State's natural resources in relation to state sustainable economy goals;
(B) The technology sector of the State, including but not limited to defining the sector, estimating employment, and compiling available information on patents registered in Hawaii;
(C) Technology change in the economy, including but not limited to technical jobs outside the technology sector, and the changing applications of technology in the private economy and government;
(D) The technology-based workforce, including but not limited to management, technical, and professional jobs, and technology education and training;
(E) Innovation and enterprise, including but not limited to available information on startup companies, venture capital investment, private and government research and development activities, small business innovation research grants, and technology licensing;
(F) The dollar value of research and development conducted at, or in association with, the University of Hawaii;
(G) Global connections, including but not limited to diversification of export and visitor markets, foreign business travel, and the manufacturing of export products; and
(H) Venture capital investments in Hawaii, including but not limited to the size of local venture investments and their annual growth.
(b) The department shall submit to the legislature no later than twenty days prior to the convening of each regular legislative session, a report that provides an update on the criteria used to measure growth of these emerging growth industries. In updating its reports on growth of emerging industries each year, the department shall develop updated measurements and analyses in collaboration with the University of Hawaii, county economic development boards, and private, nonprofit economic research activities. [L 2007, c 148, §2; am L 2009, c 167, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-61 Definitions.

Note
Short title, see L 1985, c 237, §1; L 1987, c 87, §1.
§201-61 Definitions.
As used in this part, unless the context otherwise requires:
"Department" means the department of business, economic development, and tourism.
"Permit" means any license, permit, certificate, certification, approval, compliance schedule, or other similar document or decision pertaining to any regulatory or management program which is related to the protection, conservation, use of, or interference with the natural resources of land, air, or water in the State, and which is required prior to constructing or operating a project.
"Project" means any land or water use activity or any construction or operation which requires permits from one or more state agencies or permits from a state agency and a county or federal agency. Construction or operation of an activity may include, but need not be limited to housing, industrial, and commercial operations and developments. [L 1985, c 237, pt of §4; am L 1987, c 87, pt of §1 and am c 336, §7; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-63 Information services.

§201-63 Information services.
The department shall:
(1) Operate a permit information and coordination center for public use during normal working hours, which provides guidance in regard to the permits and procedures that may apply to specific projects; and
(2) Maintain and update a repository of the laws, rules, procedures, permit requirements, and criteria of federal, state, and county agencies having control or regulatory power over land and water use for development or the control or regulatory power over natural, cultural, or environmental resources. [L 1985, c 237, pt of §4; am L 1987, c 87, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-64 Streamlining activities.

§201-64 Streamlining activities.
The department may:
(1) Monitor permits on an ongoing basis to determine the source of inefficiencies, delays, and duplications and the status of permits in progress;
(2) Pursue the implementation of streamlining measures including, but not necessarily limited to, those measures defined in consultation with affected state agencies, county central coordinating agencies, and members of the public; and
(3) Design applications, checklists, and other forms essential to the implementation of approved streamlining measures in coordination with involved state and county regulatory agencies, and members of the public. [L 1985, c 237, pt of §4; am L 1987, c 87, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-65 Reporting.

§201-65 Reporting.
The department shall report biennially to the legislature on actions taken, problems encountered, and legislative actions that may be needed to further implement the intent of this part. [L 1985, c 237, pt of §4; am L 1987, c 87, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-81 Establishment of out-of-state offices; purposes.

§201-81 Establishment of out-of-state offices; purposes.
The department of business, economic development, and tourism may establish and operate offices in out-of-state locations, including foreign nations, to effectuate the following purposes:
(1) Develop programs to reach targeted companies or industries in the respective area and surrounding regions;
(2) Monitor out-of-state government policies and regulations that have an impact on business, markets, sales, tourism, and related activities;
(3) Host government and business officials at conferences, meetings and social occasions, or other events on matters pertaining to business opportunities and attraction of investments for the State;
(4) Develop and conduct advertising efforts, promotional events, media coverage, and educational programs regarding commerce in the State; and
(5) Conduct related operations as needed, such as hiring or contracting for consultants. [L 1988, c 366, pt of §1; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-82 Powers of the department.

§201-82
Powers of the department.
The department, subject to the approval of the director of budget and finance, shall have the following general powers to operate out-of-state offices established:
(1) To enter into contracts, leases, or cooperative agreements, or perform other transactions with any person, firm, partnership, association, company, corporation, or foreign nation, as may be necessary in the conduct of its business and on such terms as the department may deem appropriate, using competitive procurement practices, to the extent practicable, in accordance with rules adopted by the policy board;
(2) To establish operational bank accounts in out-of-state locations, including foreign denomination accounts, as may be necessary in the conduct of its business, notwithstanding the provisions of chapter 38;
(3) To receive by gifts, grants, devises, bequests, or otherwise from private sources or a foreign nation, any property, real, personal, or mixed, intangible or tangible, absolutely or in trust, to be used and disposed of, either the principal or the income therefrom, in accordance with the conditions under which it was received;
(4) To sell, lease, rent, hold, maintain, use, and operate any property, real, personal, or mixed, tangible or intangible, in accordance with the conditions under which it was received;
(5) To hire such personnel as may be necessary in the conduct of its business and on such terms as the department may deem appropriate; and
(6) To do any or all other acts reasonably necessary to carry out the objects and purposes of this part, provided that the department shall not obligate any funds of the State not appropriated to the department. [L 1988, c 366, pt of §1; am L Sp 1993, c 8, §17; am L 1997, c 352, §23]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-83 Rules.

§201-83 Rules.
The department may adopt rules in accordance with chapter 91 for the purposes of this part. [L 1988, c 366, pt of §1]
Revision Note
"Part" substituted for "chapter" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-84 Annual report.

§201-84
Annual report.
The department of business, economic development, and tourism shall submit an annual report to the legislature on the operations of its out-of-state offices. For each out-of-state office the report shall describe and include, but not be limited to:
(1) The programs developed to reach targeted companies or industries in the respective area or surrounding region, and the result of these programs;
(2) The major out-of-state government policies and regulations affecting business and economic development in Hawaii;
(3) The major advertising efforts, promotional events, media coverage, and educational programs developed and conducted regarding business opportunities in the State; and
(4) An expenditure report which shall include a detailed description of expenditures involving staffing and contracted personal services. [L 1988, c 366, pt of §1; am L 1990, c 293, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-85 Exemptions.

§201-85 Exemptions.
[(a)] The department is authorized to hire employees necessary to staff its out-of-state offices subject to chapter 76 and legislative appropriations. The department may also appoint such other employees exempt from chapter 76 as may be necessary to administer the affairs of its out-of-state offices. The initial appointment shall not exceed three years, during which time the department shall submit to the legislature a request for approval prior to continuation of the position. The department shall set the duties, responsibilities, salaries, holidays, vacations, leaves, hours of work, and working conditions for these employees. Subject to the approval of the director of budget and finance, the department may be exempted from the following state laws only to the extent necessary for the conduct of its business in operating out-of-state offices:
(1) Sections 36-27 and 36-30, relating to special fund transfers and reimbursements to the general fund;
(2) Chapter 36, relating to management of state funds;
(3) Chapter 38, relating to deposits of public funds;
(4) Chapter 40, relating to audit and accounting, except that the department shall comply with section 40-81;
(5) Chapter 76, relating to civil service;
(6) Chapter 77, relating to compensation;
(7) Section 78-1, relating to public employment, except when expressly hiring personnel subject to section 78-1; and
(8) Section 171-30, relating to acquisition of real property.
[(b)] All moneys necessary for the establishment and operation of out-of-state offices shall be allocated by the legislature through appropriations out of the state general fund. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this section. [L 1988, c 366, §2; am L 1993, c 280, §21; am L Sp 1993, c 8, §54; am L 2000, c 253, §150; am L 2004, c 216, §22]
Note
Chapter 77 referred to in text is repealed. For related provision, see §76-13.5.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-101 Development of markets for recycled materials.

§201-101 Development of markets for recycled materials.
The department, to the extent possible, and with the assistance of the office of solid waste management, shall coordinate state efforts to develop markets for recycled materials. The department shall integrate this activity with its other programs, specifically those programs relating to business development and energy. The department shall coordinate market activities with the counties and clarify their respective roles and responsibilities. [L 1991, c 324, pt of §3]
Cross References
Construction projects; recycled glass requirements, see §103D-407.
Glass container recovery, see chapter 342G, part VII.
Integrated solid waste management, see chapter 342G.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-101.5 Definitions.

§201-101.5 Definitions.
As used in this part:
"Department" means the department of business, economic development, and tourism.
"Director" means the director of business, economic development, and tourism. [L 1999, c 112, pt of §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-102 Advisory committees.

§201-102 Advisory committees.
(a) The director of business, economic development, and tourism may form advisory committees to assist in the formulation of recommendations concerning the development of markets for recycled materials. The recommendations shall address the removal of impediments to, as well as the establishment of incentives for, the use of recycled materials by businesses or energy producers in order to expand markets for recyclable materials.
(b) At the discretion of the director, committee members may include, but need not be limited to:
(1) The director of health;
(2) The director of the office of planning and sustainable development;
(3) The chairperson of the board of land and natural resources;
(4) The comptroller;
(5) The chairperson of the public utilities commission;
(6) The director of transportation;
(7) The county integrated solid waste management coordinators;
(8) One representative each from the not-for-profit recycling industry, the for-profit recycling industry, the solid waste collection industry, the recycling processing industry, the recycling brokerage and marketing industry, the shipping industry, and an environmental advocacy group; and
(9) An elected official from each county;
or their designated representatives.
[L 1991, c 324, pt of §3; am L 1996, c 299, §3; am L 2021, c 153, §8]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-104 Report.

§201-104 Report.
The director of business, economic development, and tourism shall incorporate the activities of the past year and any recommendations for specific actions to develop markets for recycled materials in the department's annual report.
[L 1991, c 324, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-105 Legislation and rules.

§201-105 Legislation and rules.
The department, with the assistance of the office of solid waste management, shall coordinate the following activities, as necessary, to develop markets for recycled materials:
(1) The development and introduction of proposed legislation; and
(2) The development of rules by the appropriate state agencies.
It is the intent of the legislature that implementation of the department's recommendations be expedited.
[L 1991, c 324, pt of §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-111 Definitions.

Note
Part heading amended by L 2019, c 228, §1.
§201-111 Definitions.
As used in this part:
"Creative industries" means those sectors that comprise HawaiiÊ¹s creative economy, including media, arts, culture, music, design, fashion, publishing, animation, interactive, and emerging media.
"Department" means the department of business, economic development, and tourism.
"Fund" means the Hawaii film and creative industries development special fund.
"Media" means film, motion pictures, television, interactive, over-the-top television productions, virtual reality, augmented reality and other forms of emerging media, multi-player videogame publishing, and other digitally-developed content for theatrical or digital distribution via streaming, mobile, and broadcast media. [L 2000, c 285, pt of §2; am L 2019, c 228, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-113 Hawaii film and creative industries development special fund.

§201-113 Hawaii film and creative industries development special fund.
(a) There is established in the state treasury the Hawaii film and creative industries development special fund into which shall be deposited:
(1) Appropriations by the legislature;
(2) Donations and contributions made by private individuals or organizations for deposit into the fund;
(3) Grants provided by governmental agencies or any other source;
(4) Effective January 2, 2023, all revenues, fees, and charges from the processing of the motion picture, digital media, and film production income tax credit pursuant to section 235-17; and
(5) Effective July 1, 2022, all existing and future revenues, fees, and income received by the department from its management of public facilities that support media and entertainment workforce and business development, with the exception of the Hawaii film studio.
(b) The fund shall be used by the department to provide for:
(1) A program to provide seed capital for film, media, electronic sports, and creative industries intellectual property development projects for export, as determined by the department;
(2) Programs that expand the skills of the StateÊ¹s resident workforce in the film, media, and creative industries;
(3) Marketing programs that attract business opportunities in the film, media, and creative industries in the State; and
(4) Repair, maintenance, and related costs of the department's management of public facilities that support media and entertainment workforce and business development. [L 2000, c 285, pt of §2; am L 2019, c 228, §3; am L 2020, c 70, §4; am L 2022, c 193, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201. Department of Business, Economic Development, and Tourism › 201-115 State media industry development liaison; establishment.

§201-115 State media industry development liaison; establishment.
(a) There is established within the creative industries division of the department a state media industry development liaison to plan, develop, and execute a statewide media industry development strategy to include all counties in the State for the purposes of establishing a collaborative media industry development program.
(b) The state media industry development liaison shall be appointed by the director of business, economic development, and tourism without regard to chapter 76. [L 2022, c 187, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-1 Definitions.

§201B-1 Definitions.
As used in this chapter:
"Agency" means any agency, department, authority, board, commission, the University of Hawaii, or any other unit of the State or its political subdivisions.
"Authority" means the Hawaii tourism authority established in section 201B-2.
"Board" means the board of directors of the Hawaii tourism authority established in section 201B-2, 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 Hawaiian 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.
"Public agency" means any office, department, board, commission, bureau, division, public corporation agency, or instrumentality of the federal, state, or county government. [L 1998, c 156, pt of §2; am L 2002, c 253, §3]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-2.5 Authority, private attorneys.

§201B-2.5 Authority, private 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 board solely in cases of contract negotiations in which the attorney general lacks sufficient expertise; provided that the independent attorney shall consult and work in conjunction with the designated deputy attorney general assigned to the Hawaii tourism authority.
(b) The board may fix the compensation of the attorneys appointed or retained pursuant to this section. Attorneys appointed or retained by contract shall be exempt from chapters 76, 78, and 88. [L 2004, c 58, § §1, 14(2); am L 2005, c 22, §50; am L 2006, c 306, §1; am L Sp 2009, c 5, §12]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-4 Meetings of the board.

§201B-4 Meetings of the board.
(a)
The meetings of the board shall be open to the public as provided in section 92-3, except that when it is necessary for the board 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,
the board may enter into an executive meeting that is closed to the public in accordance with the procedures provided for holding an executive meeting under part I of chapter 92.
(b)
The board shall be subject to the procedural requirements of section 92-4, and this authorization shall be in addition to the exceptions listed in section 92-5, to enable the board to respect the proprietary requirements of enterprises with which it has business dealings. [L 1998, c 156, pt of §2; am L 2010, c 102, §2; am L 2018, c 18, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-5 Exemption of Hawaii tourism authority from administrative supervision of boards and commissions

§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). [L 1998, c 156, pt of §2; am L 2004, c 16, §2; am L 2005, c 22, §4]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-6 Tourism marketing plan; measures of effectiveness.

§201B-6 Tourism marketing plan; measures of effectiveness.
(a) The authority shall be responsible for developing a tourism marketing plan. 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.
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 plan and include documentation of the progress of the marketing plan towards achieving the authority's strategic plan goals. [L 1998, c 156, pt of §2; am L 1999, c 178, §7; am L 2004, c 9, §2; am L Sp 2009, c 5, §6; am L 2010, c 102, §3; am L 2014, c 131, §2]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-7.5 Applicability of Hawaii public procurement code; convention center contractor; construction contracts.

§201B-7.5 Applicability of Hawaii public procurement code; convention center contractor; construction contracts.
The construction contracts for the maintenance of the convention center facility by the private contractor that operates the convention center, by its direct or indirect receipt of, and its expenditure of, public funds from the department of business, economic development, and tourism or the authority, or both, shall be subject to part III of chapter 103D. [L Sp 2009, c 5, §1]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 201B. Hawaii Tourism Authority › 201B-8 Convention center enterprise special fund.

§201B-8 Convention center enterprise special fund.
(a) There is established the convention center enterprise special fund, into which shall be deposited:
(1) A portion of the revenues from the transient accommodations tax, as provided by section 237D-6.5;
(2) All revenues or moneys derived from the operations of the convention center to include all revenues from the food and beverage service, all revenues from the parking facilities or from any concession, and all revenues from the sale of souvenirs, logo items, or any other items offered for purchase at the convention center;
(3) Private contributions, interest, compensation, gross or net revenues, proceeds, or other moneys derived from any source or for any purpose arising from the use of the convention center facility; and
(4) Appropriations by the legislature for marketing the facility pursuant to section 201B-7(a)(7).
(b) Moneys in the convention center enterprise special fund shall be used by the authority for the payment of expenses arising from any and all use, operation, maintenance, alteration, improvement, or any unforeseen or unplanned repairs of the convention center, including without limitation the food and beverage service and parking service provided at the convention center facility, the sale of souvenirs, logo items, or other items, for any future major repair, maintenance, and improvement of the convention center facility as a commercial enterprise or as a world class facility for conventions, entertainment, or public events, and for marketing the facility pursuant to section 201B-7(a)(7).
(c) Moneys in the convention center enterprise special fund may be:
(1) Placed in interest-bearing accounts; provided that the depository in which the money is deposited furnishes security as provided in section 38-3; or
(2) Otherwise invested by the authority until such time as the moneys may be needed; provided that the authority shall limit its investments to those listed in section 36-21.
All interest accruing from investment of the moneys shall be credited to the convention center enterprise special fund. [L 2002, c 253, §2; am L 2005, c 235, §6; am L 2014, c 81, §3; am L 2015, c 121, §6; am L 2018, c 86, §2; am L Sp 2021, c 1, §20]