Chapter 10. Yap
Visitors Bureau
§1001. Intent.
§1002. Short title.
§1003. Creation.
§1004. Definitions.
§1005. Purpose.
§1006. Powers.
§1007. Board.
§1008. Board; Duties.
§1009. General Manager.
§1010. Other Personnel.
§1011. Staff; transition.
§1012. Employment.
§1013. Contracts and Purchases.
§1014. Fiscal Authority.
§1015. Commencement of Business.
§1016.
Severability.
It is the intent of the Legislature
to promote the development of tourism in the State of Yap in such a way
that will ensure that the economic growth of the tourism industry is
compatible with the state's goals and objectives in providing an optimum
of satisfaction and high quality service to tourists, protecting the
natural beauty of Yap, and preserving and protecting our Yapese heritage,
tradition and custom. It is further intended to provide adequate
opportunities for municipal participation and private citizens.
involvement in the decision-making process of tourism planning and policy
formulation.
Source: YSL 4-25 §1 (Section 1001).
Cross-reference: The statutory provisions on the Legislature are found in Title 2 of this code.
Commission comments: YSL 4-25 §2 repealed the former chapter 10 on Tourist Commission in its entirety.
This chapter may be cited as the Yap
Visitors Bureau Act.
Source: YSL 4-25 §1 (Section 1002), modified.
There is hereby created the Yap
Visitors Bureau herein referred to as "Bureau".
Source: YSL 4-25 §1 (Section 1003), modified.
As used herein, unless otherwise
indicated:
(a) "Bureau" means the Yap Visitors Bureau.
(b) "Board" means the Board of Directors of the Bureau.
(c) "General Manager" means the General Manager of the Bureau.
(d) "Director" means a member of the Board.
(e) "Employee" means an employee of the Bureau.
Source: YSL 4-25 §1 (Section 1004), modified.
The purpose of the Bureau shall
be:
(a) To promote Yap's visitor industry in such manner as it deems most reasonably appropriate, including providing and disseminating information and materials promoting Yap as a visitor destination;
(b) To promote local interest and participation at all levels of the visitor industry;
(c) To assist, when requested, both government and private entities in the development, implementation and promotion of programs to further education, training, employment assistance and entrepreneurial development in the visitor industry;
(d) To promote local cultural activities for residents;
(e) To promote items of local manufacture;
(f) To promote and assist in the development of adequate tourist facilities and attractions;
(g) To assist appropriate government agencies in the enforcement of applicable laws, rules and regulations relating to the visitor industry;
(h) To work with other entities to collect, analyze, evaluate and regularly publish comprehensive data on the visitor industry; and
(i) To engage in all lawful activities to promote tourism reasonable or incidental thereto.
Source: YSL 4-25 §1 (Section 1005), modified.
The Bureau shall have and exercise
each and all of the following powers:
(a) To make and use a common seal and to alter the same at pleasure;
(b) Enter into contracts and execute all instruments necessary or appropriate in the exercise of any of its powers;
(c) Sue or be sued in its own name to the extent authorized by the Government Liability Act of 1986;
(d) Adopt, amend and repeal reasonable by-laws, and other rules, regulations and directives as may be necessary for the conduct and administration of its activities and the exercise of the powers and performance of the duties conferred or imposed upon the Bureau or the Board by this chapter;
(e) Adopt such rules and regulations pursuant to the State Administrative Procedure Act as may be necessary for the exercise of the powers and performance of the duties conferred or imposed upon the Bureau or the Board by this chapter;
(f) Acquire, subject to the laws of the State of Yap, by grant, purchase, gift, devise or lease, and hold and use any real or personal property necessary or convenient or useful for the carrying on of any of its powers pursuant to the provisions of this Chapter;
(g) Establish its internal organization and management;
(h) Sell, rent, exchange or otherwise dispose of, encumber, improve or remove any property of the Bureau or any interest therein, and to provide for any services in connection with any property, real or personal, of the Bureau subject to the laws of Yap;
(i) Establish reasonable charges for any of its services, where it deems appropriate and to otherwise provide for a means of raising funds and revenue, and to determine the character of and necessity for its obligations and expenditures and the manner in which they shall be incurred, allowed and paid;
(j) Associate with like organizations of other states, territories, nations or regions, or agencies or instrumentalities thereof, and to enter into contracts and cooperative agreements with any of same or with any person, firm, association or corporation which may be deemed necessary or appropriate for the conduct of its activities;
(k) Establish and delegate its authority to any committee or subcommittee of the Board of Directors, and to determine the composition, duties and powers of any such committee;
(l) Form or cause to be formed, promote, aid and invest, in any reasonable manner within its means and purposes, in the promotion of any corporation or other firm, association or entity; and
(m) Do any and all things necessary or appropriate to carry out and further the purposes of this chapter.
Source: YSL 4-25 §1 (Section 1006), modified.
(a) The exercise of the powers of the Bureau shall be directed by the Board of Directors composed of seven members selected in accordance with this section. Five directors, referred to as . appointed directors. shall be appointed by the Governor with the advice and consent from the Legislature. The appointed directors shall be actively and directly involved in the business community. One member shall be appointed by the Speaker of the Yap State Legislature and shall be referred to as the "legislative director". The five appointed directors and the legislative director shall then select the seventh (7th) director by a vote requiring concurrence of five of the directors. The seventh (7th) director shall be actively and directly involved in the tourism industry. The Board of Directors shall elect from amongst its body a chairperson and vice-chairperson.
(b) Four directors shall constitute a quorum of the Board for the transaction of all business. No director shall be entitled to vote his or her vote by proxy.
(c) The legislative director and the seventh director shall each serve for two years.
(d) Appointed directors shall serve at the pleasure of the Governor.
(e) The seventh director may be removed for cause upon the vote of not less than five directors.
(f) A vacancy on the Board (whether created by resignation, removal or death) of an appointed member shall be filled by appointment of the Governor with the advice and consent of the Legislature. The person filling the vacancy shall serve at the pleasure of the Governor.
(g) A vacancy on the Board (whether created by resignation, removal or death) of the legislative member shall be filled by appointment of the Speaker. The legislative director filling a vacancy shall serve only until the end of the term of the director whom he replaced.
(h) A vacancy on the Board (whether created by resignation, removal or death) of the seventh director shall be filled by selection of at least five of the directors. A person filling a vacancy of the seventh director shall serve only until the end of the term of the director whom he replaced.
(i) The Board shall act only by resolution at a meeting duly held. Any resolution or action of the Board shall require an affirmative vote of a simple majority of the members present at a properly held meeting of the Board.
(j) Special meetings of the Board of Directors may be called at any time by the Chairperson, or in the Chairperson. s absence, the Vice-Chairperson; or, by the General Manager on the written instruction or approval of any two directors.
(k) The seventh director shall not serve for more than two consecutive terms.
Source: YSL 4-25 §1 (Section 1007), as amended by YSL 4-43 §1, modified.
The Board shall:
(a) Promote visitor satisfaction with Yap as a tourist destination and facilitate the orderly growth and maintenance of the visitor industry;
(b) Encourage and support the employment of local residents in job opportunities in the tourism industry;
(c) Assist in the development of adequate tourist facilities and attractions, including local beautification projects;
(d) Work with other entities to collect, analyze and evaluate pertinent data on the visitor industry developed by itself, other governmental and private agencies and publish and disseminate comprehensive statistics and other data on a monthly, quarterly and yearly basis. Data shall, as reasonably available, include the number of visitors, expenditures by visitors, points of origin and destination, hotel occupancy, taxes collected, jobs created and lost, percentage of persons who are not Yapese employed at all levels in the visitor industry, and any and all other relevant information related to tourism and the visitor industry. Notwithstanding any other provision of law, all government agencies shall coordinate with the Bureau in providing the data and other information required herein so as to become an agency source for the dissemination of visitor industry statistics and information;
(e) Provide advice and technical assistance to tourism development organizations in planning programs to attract visitors, and develop and disseminate literature for distribution to visitors, and potential visitors to this State;
(f) Cooperate with regional agencies promoting Yap and the Federated States of Micronesia as a tourist destination;
(g) Encourage and support local activities, programs and development which would enhance Yap as an attractive tourist destination;
(h) Support the marketing of local arts, handicrafts and other manufactured products to visitors;
(i) Encourage local cultural activities for tourist and general public enjoyment; and
(j) Ensure that the Bureau maintains its office with adequate hours of operation to accommodate the needs of the general public.
Source: YSL 4-25 §1 (Section 1008), modified.
(a) The Board shall appoint a General Manager who shall be the Bureau. s chief administrative officer and shall serve at the pleasure of the Board. The General Manager. s compensation shall be determined by the Board.
(b) The day-to-day operations of the Bureau shall be the province of the General Manager. The General Manager shall be primarily responsible for the maintenance, operation, development, and administration of the Bureau. s business affairs.
(c) The duties of the General Manager shall include the following:
(1) Insuring that the Board's rules and regulations are enforced;
(2) Attending all Board meetings unless excused by the Board;
(3) Keeping the Board advised as to the needs of the Bureau;
(4) Approving demands for the payment of obligations of the Bureau within the purposes and amounts authorized by the Board;
(5) Selecting, appointing, terminating, with or without cause, and supervising employees of the Bureau;
(6) Publishing a financial report in a manner provided by the Board within 120 days from the end of each fiscal year showing the result of operations for the preceding fiscal year and the financial status of the Bureau on the last day thereof;
(7) Rendering a monthly accounting statement to the Board in such form as the Board directs;
(8) Annually submitting to the Board and the Governor programs and financial plans in accordance with the provisions of the State Budget Act of 1979; and
(9) Performing such other additional duties as the Board may direct.
Source: YSL 4-25 §1 (Section 1009), modified.
(a) The General Manager may employ, subject to the approval of the Board, a Deputy Manager and secretary. The duties and compensation of such personnel shall be determined by the General Manager with the advice and approval of the Board.
(b) The Board may employ or retain an attorney, or firm of attorneys, who shall be admitted to practice before the State Court of Yap, who shall advise the Board and the General Manager on all legal matters to which the Bureau is a party or in which the Bureau is legally interested, and may represent the Board in connection with legal matters before the Legislature, other Boards and other agencies of the State. The Attorney General shall represent the Bureau in litigation in which the Bureau is interested, provided that the Attorney General may deputize or designate the Attorney for the Bureau as a Special Assistant Attorney General for this purpose. The terms, conditions and compensation of employment of any such attorney shall be determined by the Board, and the attorney shall serve at the pleasure of the Board.
(c) The Board may employ a firm of independent certified public accountants who shall examine and report to the Board, at least annually, upon the status of the financial records and accounts maintained by the Bureau. Copies of any such reports shall be furnished to the Board members, the Governor, and the Legislature.
Source: YSL 4-25 §1 (Section 1010), and amended by YSL 4-81 §1, modified.
The staff of the Bureau shall
initially be transferred from the Tourism Office in the Division of
Commerce and Industries of the Department of Resources and Development.
Such staff as are so transferred shall remain subject to the State
Public Service System, if they are subject to such system, for a
transition period not to exceed one year. After this period the
employees so transferred, like all employees including the General
Manager, shall be exempt from the State Public Service System Act unless
required by the rules and regulations authorized under section 1012 of
this chapter.
Source: YSL 4-25 §1 (Section 1011), modified.
Cross-reference:
The statutory provisions on the Department of Resources and
Development are found in section 125 of Title 3 of this Code. The
statutory provisions on the State Public Service System Act are found in
chapter 1 of Title 8 of this code.
(a) Pursuant to the provisions of the State Administrative Procedure Act, the Board shall establish rules and regulations governing selection, promotion, performance evaluation, demotion, suspension, removal and other disciplinary action for the employees of the Bureau.
(b) Each employee, including the General Manager, shall be eligible to participate in any Yap State Government health and life insurance or prepaid health plan, or other government benefit programs.
Source: YSL 4-25 §1 (Section 1012), modified.
Cross-reference: The statutory provisions on the State Administrative Procedure Act are found in Chapter 1 of Title 10 of this Code.
The Bureau will always seek the most
reasonable prices for services and products needed, giving due
consideration to the urgency of the requirement. Purchase orders or
letters of authorization will be executed by the General Manager for
needed products or provisions, pursuant to the current budget. Such
purchase orders or letter of authorization for expenditures in excess of
$1,000.00, except salaries, shall require prior approval by the Board of
Directors.
Source: YSL 4-25 §1 (Section 1013), modified.
(a) For each fiscal year there is authorized to be appropriated as part of the budget of the Executive Branch, such sums as may be necessary for the Bureau to carry out the provisions of this chapter. The fiscal year cycle of the Bureau shall be the same as the State Government.
(b) All funds appropriated to the Bureau shall be considered grants in aid. No disbursement of funds of the Bureau shall be made unless the same has been approved, authorized and ordered by the Board of Directors.
(c) As a condition to receiving any funds appropriated to the Bureau by the Legislature, the Bureau shall agree to abide by the off-island travel rates and regulations applicable to government employees and shall allow an audit of the Bureau's funds by the Yap State Public Auditor or an auditor as selected by the Committee on Finance of the Legislature. Should the audit reveal any discrepancies or violations of law or of the Bureau's rules and regulations or policies, then the Board shall take steps to correct the discrepancies and to recover any expenditures not made in accordance with existing laws, rules, regulations or policies. The auditor or the Committee on Finance shall provide a copy of any audit conducted pursuant to this subsection to the Attorney General.
(d) There is hereby established a fund which shall be known as the "Yap Visitors Bureau Fund" which shall be maintained separate and apart from other funds of the State by the Bureau, and independent records and accounts shall be maintained in connection therewith.
(e) All monies received by the Bureau from whatever source derived shall be deposited in said fund, or in such funds as may be established pursuant to this chapter, in an accredited bank located within the State of Yap.
(f) All expenditures, except as otherwise provided by law, shall be made from said Yap Visitors Bureau Fund.
Source: YSL 4-25 §1 (Section 1014), as amended by YSL 4-81 §2, modified.
Cross-reference: The statutory provisions on the Executive Branch are found in Title 3 of this Code. The statutory provisions on the Legislature are found in Title 2 of this Code. The statutory provisions on the Yap State Public Auditor are found in chapter 7 of Title 13 of this Code.
(a) The Bureau as organized pursuant to this chapter shall commence business within one year after the effective date of this chapter.
(b) The Governor shall submit to the Legislature the names of nominees of appointed directors within three months after the effective date of this chapter.
Source: YSL 4-25 §1 (Section 1015), modified.
If any provision of this chapter, or
the application thereof to any person or circumstance is held invalid, the
invalidity does not affect other provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
severable.
Source: YSL 4-25 §1 (Section 1016), modified.