REPORT TITLE:
Amusement and theme parks


DESCRIPTION:
Provides for the development of amusement and theme parks with
the assistance of the department of business, economic
development and tourism and the Hawaii tourism authority.  (HB873
HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        873
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO AMUSEMENT AND THEME PARKS.



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

 1      SECTION 1.  The legislature finds that there is a need for
 
 2 the development of new attractions that will revitalize the
 
 3 tourism sector of the economy.  Because of its year-round
 
 4 temperate climate and location in the center of the Pacific
 
 5 Basin, Hawaii is ideally situated to serve as the site for world-
 
 6 class amusement and theme parks.  Amusement and theme parks
 
 7 represent not only a significant source of enjoyment for state
 
 8 residents, but also can be an important component of economic
 
 9 development in the islands.  The encouragement of the amusement
 
10 and theme park industry in the State represents an important
 
11 niche in the diversification of tourism that can help to
 
12 distinguish the State from other rival tourist destinations and
 
13 encourage repeat visitors.  Amusement and theme parks can provide
 
14 a steady source of visitors to Hawaii with a sense of purpose
 
15 capable of surviving the fluctuations of a sensitive tourist
 
16 market.
 
17      The legislature also finds that there may be many areas
 
18 throughout the State that could be possible sites for an
 
19 amusement or theme park.  The State should assist potential
 
20 amusement or theme park developers with negotiating leases for
 

 
Page 2                                                     873
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 land, as well as provide various economic and tax incentives
 
 2 whenever feasible to encourage the development of amusement and
 
 3 theme parks. 
 
 4      The purpose of this Act is to provide for the development of
 
 5 amusement and theme parks.
 
 6      SECTION 2.  Chapter 237, Hawaii Revised Statutes, is amended
 
 7 by adding a new section to be appropriately designated and to
 
 8 read as follows:
 
 9      "�237-     Construction exemption.  Notwithstanding any
 
10 other provision to the contrary, this exemption shall apply to
 
11 costs incurred for construction projects totalling over
 
12 $2,000,000 to develop an amusement or theme park.
 
13      For purposes of this section:
 
14      "Amusement or theme park" means:
 
15      (1)  A group of activities, at a permanent location, to
 
16           which people go to be entertained through a combination
 
17           of various mechanical or aquatic rides, theatrical
 
18           productions, motion picture, or slide show
 
19           presentations with food and drink service; provided
 
20           there are at least five different mechanical, or
 
21           aquatic rides, three additional activities, and the
 
22           gross receipts are primarily from these amusement
 
23           activities; or
 

 
Page 3                                                     873
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  A complex comprised of at least twenty-five contiguous
 
 2           acres owned and controlled by the same business entity
 
 3           and which contains permanent exhibitions and a variety
 
 4           of recreational activities with a minimum of one
 
 5           million visitors annually."
 
 6      SECTION 3.  Notwithstanding any other law to the contrary,
 
 7 the director of business, economic development, and tourism, in
 
 8 cooperation with the Hawaii tourism authority, shall:
 
 9      (1)  Assist with negotiations of private domestic or
 
10           international firms to develop amusement and theme
 
11           parks; as part of the negotiations, the State may lease
 
12           public lands for a nominal fee, agree to waive zoning
 
13           and land use district requirements, permitting fees,
 
14           and other state or county requirements as necessary,
 
15           and agree to waive taxation of revenues produced by the
 
16           facility;
 
17      (2)  Negotiate with private landowners in suitable locations
 
18           around the State to provide lands for an amusement or
 
19           theme park;
 
20      (3)  Review possible sites throughout the State for the best
 
21           possible locations for amusement or theme parks,
 
22           whether or not on public land, taking into
 
23           consideration such factors as accessibility, size and
 

 
Page 4                                                     873
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           shape of site, industrial and agricultural nuisances,
 
 2           infrastructure considerations, soil suitability,
 
 3           weather, proximity to hotels or other housing,
 
 4           interference with institutions or other public
 
 5           facilities, proximity to commercial centers, aesthetic
 
 6           values, and other relevant factors; and
 
 7      (4)  Report annual progress in negotiations and any findings
 
 8           and recommendations, including any proposed
 
 9           implementing legislation, to the legislature and
 
10           governor no later than twenty days before the convening
 
11           of the regular session of 2000, 2001, 2002, 2003, and
 
12           2004.
 
13      For purposes of this Act:
 
14      "Amusement or theme park" means:
 
15      (1)  A group of activities, at a permanent location, to
 
16           which people go to be entertained through a combination
 
17           of various mechanical or aquatic rides, theatrical
 
18           productions, motion picture, or slide show
 
19           presentations with food and drink service; provided
 
20           there are at least five different mechanical, or
 
21           aquatic rides, three additional activities, and the
 
22           gross receipts are primarily from these amusement
 

 
 
 
Page 5                                                     873
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           activities; or
 
 2      (2)  A complex comprised of at least twenty-five contiguous
 
 3           acres owned and controlled by the same business entity
 
 4           and which contains permanent exhibitions and a variety
 
 5           of recreational activities with a minimum of one
 
 6           million visitors annually.
 
 7      SECTION 4.  New statutory material is underscored.
 
 8      SECTION 5.  This Act shall take effect upon its approval;
 
 9 provided section 2 shall be repealed ten years after the
 
10 effective date of this Act.