REPORT TITLE: 
Actions


DESCRIPTION:
Amends the definition of "action" in chapter 343 to exclude any
marketing and promotional program that does not require a
discretionary permit. (HB2976 HD1)


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2976
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 ACTIONS WHICH CONCERN PROGRAMS OR DEVELOPMENT
   PROJECTS.



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

 1      SECTION 1. The purpose of this Act is to provide a narrow
 
 2 exclusion to the definition of "action" in chapter 343, Hawaii
 
 3 Revised Statutes, environmental impact statements, to exempt only
 
 4 those marketing and promotional programs which do not require a
 
 5 discretionary permit.
 
 6      Although the claim that marketing and promotional programs
 
 7 should require environmental impact statements arose in the
 
 8 context of a lawsuit against the Hawaii tourism authority, the
 
 9 same type of claims could be raised with respect to the counties
 
10 or to other state agencies which engage in similar activities.
 
11      Therefore this Act, although narrowly drawn to exempt only
 
12 those marketing and promotional programs which do not require a
 
13 discretionary permit, is intended to resolve this issue if it
 
14 should arise in connection with any branch or level of
 
15 government.  
 
16      SECTION 2.  Section 343-2, Hawaii Revised Statutes, is
 
17 amended by amending the definition of "action" to read:
 

 
Page 2                                                     2976
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      ""Action" means any program or project to be initiated by
 
 2 any agency or applicant[.] but excludes any marketing and
 
 3 promotional program that does not require a discretionary
 
 4 permit."
 
 5      SECTION 3.  Statutory material to be repealed is bracketed.
 
 6 New statutory material is underscored.
 
 7      SECTION 4.  This Act shall take effect           .