REPORT TITLE:
Hawaii Tourism Authority


DESCRIPTION:
Partially exempts the Hawaii tourism authority from the
environmental impact statement law. (HB2245 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2245
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAII TOURISM AUTHORITY.



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

 1      SECTION 1.  Although various policies and goals of the State
 
 2 of Hawaii may have conflicting purposes, the legislature must
 
 3 carefully weigh all considerations to provide for a balanced
 
 4 decision to benefit both the economy and environment.  In the
 
 5 formation of the Hawaii Tourism Authority (HTA), Act 156, 1998,
 
 6 the legislature found that "in light of the State's dependence on
 
 7 tourism, it is extremely important that the development,
 
 8 marketing and research of this industry be coordinated in a
 
 9 manner consistent with the needs of the State," as a critical
 
10 component to the economic revitalization of the State.  
 
11      From time and experience, in general, marketing and research
 
12 of Hawaii's tourism industry did not require the need for an
 
13 environmental review as evidenced by the legislature's past
 
14 funding of the actions of the Hawaii Visitors and Convention
 
15 Bureau and general public sentiment.
 
16      To construe the creation and funding of the HTA and the
 
17 marketing and research of tourism to be a major action which
 
18 requires compliance with chapter 343, Hawaii Revised Statutes
 
19 (HRS), in each instance is unreasonable or ends in an unjust or
 
20 unintended result.  "'Departure from literal construction is
 

 
Page 2                                                     2245
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 justified when such construction would produce an absurd and
 
 2 unjust result and the literal construction in the particular
 
 3 action is clearly inconsistent with the purposes and policies of
 
 4 the act.'"  Franks v. City and County of Honolulu, 74 Haw. 328,
 
 5 341 (1993), quoting Hawaiian Ins. & Guar. Co. v. Financial Sec.
 
 6 Ins. Co., 72 Haw. 80 (1991). 
 
 7      Notwithstanding section 343-5, the purpose of this Act is to
 
 8 state the parameters of chapter 343 to clarify that the
 
 9 legislature did not intend for the marketing and research of the
 
10 visitor industry to be subject to environmental review.
 
11      SECTION 2.  Section 201B-12, Hawaii Revised Statutes, is
 
12 amended as follows:
 
13      1.  By amending the title to read:
 
14      "[[]§201B-12[]]  Exemption of authority from taxation,
 
15 environmental impact statement law, and Hawaii public procurement
 
16 code."
 
17      2.  By amending subsection (b) to read:
 
18      "(b)  The authority shall not be subject to [chapter]:
 
19      (1)  Chapter 343, including the preparation of an
 
20           environmental assessment or an environmental impact
 
21           statement, whether in draft or final form, except for
 
22           any authority action that requires another agency's
 
23           approval, as defined in chapter 343; and
 

 
Page 3                                                     2245
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  Chapter 103D and any and all other requirements of law
 
 2           for competitive bidding for project agreements,
 
 3           construction contracts, lease and sublease agreements,
 
 4           or other contracts unless a project agreement with
 
 5           respect to a project otherwise shall require."
 
 6      SECTION 3.  Statutory material to be repealed is bracketed.
 
 7 New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.