(a) There is created a joint capital tourism board, to be governed by a board of directors. The board consists of nine (9) voting members as follows:(1) Two (2) persons to be appointed by the speaker of the senate;(2) Two (2) persons to be appointed by the speaker of the house of representatives;(3) Two (2) persons to be appointed by the governor;(4) The chief executive officer of a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, or the chief executive officer's designee;(5) The president of a convention center that is a qualified public use facility under the Convention Center and Tourism Development Financing Act of 1998, compiled in chapter 88 of this title, in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census; and(6) The president of a convention and visitors bureau in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, or a successor entity approved by the governing body and chief executive officer of the county and receiving funding from the county for tourism promotion purposes.
(1) Two (2) persons to be appointed by the speaker of the senate;
(2) Two (2) persons to be appointed by the speaker of the house of representatives;
(3) Two (2) persons to be appointed by the governor;
(4) The chief executive officer of a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, or the chief executive officer's designee;
(5) The president of a convention center that is a qualified public use facility under the Convention Center and Tourism Development Financing Act of 1998, compiled in chapter 88 of this title, in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or a subsequent federal census; and
(6) The president of a convention and visitors bureau in a county having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2020 federal census or any subsequent federal census, or a successor entity approved by the governing body and chief executive officer of the county and receiving funding from the county for tourism promotion purposes.
(b) In order to stagger the terms of the new members to the board, initial appointments are made as follows:(1) Persons appointed under subdivision (a)(1) serve initial terms that expire on June 30, 2028;(2) Persons appointed under subdivision (a)(2) serve initial terms that expire on June 30, 2029; and(3) Persons appointed under subdivision (a)(3) serve initial terms that expire on June 30, 2030.
(1) Persons appointed under subdivision (a)(1) serve initial terms that expire on June 30, 2028;
(2) Persons appointed under subdivision (a)(2) serve initial terms that expire on June 30, 2029; and
(3) Persons appointed under subdivision (a)(3) serve initial terms that expire on June 30, 2030.
(c) Following the expiration of a member's initial term, as prescribed in subsection (b), all terms are four (4) years, to begin on July 1 and terminate on June 30, four (4) years thereafter.
(d) A person appointed pursuant to subdivisions (a)(1)-(3):(1) Serves in such capacity until the expiration of the term to which the person was appointed and until the person's successor is duly appointed and qualified; and(2) May be removed by the person's appointing authority with or without cause. A vacancy created by the removal of a person appointed pursuant to subdivisions (a)(1)-(3) is filled by the appointing authority in the same manner as the original appointment.
(1) Serves in such capacity until the expiration of the term to which the person was appointed and until the person's successor is duly appointed and qualified; and
(2) May be removed by the person's appointing authority with or without cause. A vacancy created by the removal of a person appointed pursuant to subdivisions (a)(1)-(3) is filled by the appointing authority in the same manner as the original appointment.
(e) The governor shall designate one (1) person appointed pursuant to subdivision (a)(3) to serve as chair. A majority of the board constitutes a quorum and the confirming vote of at least five (5) members of the board is required.
(f) The board is attached to the office of the comptroller of the treasury for all administrative purposes, and must be operated using the office's existing resources and personnel. The board is authorized to establish policies and procedures under which the comptroller of the treasury or the comptroller's designee is guided in the administration of state laws concerning excess revenues pursuant to § 7-89-112 and other policies and procedures as it may deem advisable.
(g) (1) Except as provided in subdivision (g)(2), all board meetings, including all votes of the board, must comply with the open meetings provisions compiled in title 8, chapter 44.(2) (A) Executive sessions, or any portions of the executive sessions, conducted by the board for the purpose of discussing any applications and supporting materials related to attracting or seeking to host significant tourism events, as defined in § 7-89-112(n)(4), must be closed to the public and exempt from title 8, chapter 44.(B) Executive sessions, or any portions of the executive sessions, conducted by the board for the purpose of discussing trade secrets and proprietary information of applicants for capital city economic assistance, as defined in § 7-89-112(n)(4), must be closed to the public and exempt from title 8, chapter 44. As used in this subdivision (g)(2)(B) and subdivision (h)(3)(B), “trade secrets” and “proprietary information” have the same meanings as defined in § 8-44-102 as applied to an eligible business or eligible commercial property owner, as defined in § 7-89-112(n)(4).
(1) Except as provided in subdivision (g)(2), all board meetings, including all votes of the board, must comply with the open meetings provisions compiled in title 8, chapter 44.
(2) (A) Executive sessions, or any portions of the executive sessions, conducted by the board for the purpose of discussing any applications and supporting materials related to attracting or seeking to host significant tourism events, as defined in § 7-89-112(n)(4), must be closed to the public and exempt from title 8, chapter 44.(B) Executive sessions, or any portions of the executive sessions, conducted by the board for the purpose of discussing trade secrets and proprietary information of applicants for capital city economic assistance, as defined in § 7-89-112(n)(4), must be closed to the public and exempt from title 8, chapter 44. As used in this subdivision (g)(2)(B) and subdivision (h)(3)(B), “trade secrets” and “proprietary information” have the same meanings as defined in § 8-44-102 as applied to an eligible business or eligible commercial property owner, as defined in § 7-89-112(n)(4).
(A) Executive sessions, or any portions of the executive sessions, conducted by the board for the purpose of discussing any applications and supporting materials related to attracting or seeking to host significant tourism events, as defined in § 7-89-112(n)(4), must be closed to the public and exempt from title 8, chapter 44.
(B) Executive sessions, or any portions of the executive sessions, conducted by the board for the purpose of discussing trade secrets and proprietary information of applicants for capital city economic assistance, as defined in § 7-89-112(n)(4), must be closed to the public and exempt from title 8, chapter 44. As used in this subdivision (g)(2)(B) and subdivision (h)(3)(B), “trade secrets” and “proprietary information” have the same meanings as defined in § 8-44-102 as applied to an eligible business or eligible commercial property owner, as defined in § 7-89-112(n)(4).
(h) (1) Except as provided in subdivision (h)(3), any records or information relating to or arising out of the board's operations are open for public inspection under title 10, chapter 7.(2) Notwithstanding another law to the contrary, the office of the comptroller of the treasury shall post information on its website at least quarterly regarding the payment or funding of all costs set forth in § 7-89-112(n)(1)(A)-(B), including the names of recipients of funds.(3) (A) Applications and supporting materials related to attracting or seeking to host significant tourism events are confidential and not open for public inspection under title 10, chapter 7.(B) Any trade secrets and proprietary information regarding an applicant for capital city economic assistance are confidential and not subject to the open records law in title 10, chapter 7. Such information of an applicant must be used by the board only for the purposes of determining the qualifications of applicants for the economic assistance.
(1) Except as provided in subdivision (h)(3), any records or information relating to or arising out of the board's operations are open for public inspection under title 10, chapter 7.
(2) Notwithstanding another law to the contrary, the office of the comptroller of the treasury shall post information on its website at least quarterly regarding the payment or funding of all costs set forth in § 7-89-112(n)(1)(A)-(B), including the names of recipients of funds.
(3) (A) Applications and supporting materials related to attracting or seeking to host significant tourism events are confidential and not open for public inspection under title 10, chapter 7.(B) Any trade secrets and proprietary information regarding an applicant for capital city economic assistance are confidential and not subject to the open records law in title 10, chapter 7. Such information of an applicant must be used by the board only for the purposes of determining the qualifications of applicants for the economic assistance.
(A) Applications and supporting materials related to attracting or seeking to host significant tourism events are confidential and not open for public inspection under title 10, chapter 7.
(B) Any trade secrets and proprietary information regarding an applicant for capital city economic assistance are confidential and not subject to the open records law in title 10, chapter 7. Such information of an applicant must be used by the board only for the purposes of determining the qualifications of applicants for the economic assistance.
(i) The board must be dissolved upon the date the amount of excess revenues, as defined in § 7-89-112, equals zero dollars ($0.00); except, that the board must not be dissolved during a period when an apportionment under § 7-88-106 is occurring.