Bill Text: HI HB625 | 2011 | Regular Session | Amended
Bill Title: Education; Charter Schools; Counties; DLNR
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2011-03-10 - (S) Referred to EDU/WLH, WAM. [HB625 Detail]
Download: Hawaii-2011-HB625-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
625 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO EDUCATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-19, Hawaii Revised Statutes, is amended to read as follows:
"§171-19 Special land and development fund. (a) There is created in the department a special fund to be designated as the "special land and development fund". Subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959, all proceeds of sale of public lands, including interest on deferred payments; all moneys collected under section 171-58 for mineral and water rights; all rents from leases, licenses, and permits derived from public lands; all moneys collected from lessees of public lands within industrial parks; all fees, fines, and other administrative charges collected under this chapter and chapter 183C; a portion of the highway fuel tax collected under chapter 243; all moneys collected by the department for the commercial use of public trails and trail accesses under the jurisdiction of the department; transient accommodations tax revenues collected pursuant to section 237D-6.5(b)(2); and private contributions for the management, maintenance, and development of trails and accesses shall be set apart in the fund and shall be used only as authorized by the legislature for the following purposes:
(1) To reimburse the general fund of the State for advances made that are required to be reimbursed from the proceeds derived from sales, leases, licenses, or permits of public lands;
(2) For the planning, development, management, operations, or maintenance of all lands and improvements under the control and management of the board, including but not limited to permanent or temporary staff positions who may be appointed without regard to chapter 76;
(3) To repurchase any land, including improvements, in the exercise by the board of any right of repurchase specifically reserved in any patent, deed, lease, or other documents or as provided by law;
(4) For the payment of all appraisal fees; provided that all fees reimbursed to the board shall be deposited in the fund;
(5) For the payment of publication notices as required under this chapter; provided that all or a portion of the expenditures may be charged to the purchaser or lessee of public lands or any interest therein under rules adopted by the board;
(6) For the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department;
(7) For the payment to private land developers who have contracted with the board for development of public lands under section 171-60;
(8) For the payment of debt service on revenue bonds issued by the department, and the establishment of debt service and other reserves deemed necessary by the board;
(9) To reimburse the general fund for debt service on general obligation bonds issued to finance departmental projects, where the bonds are designated to be reimbursed from the special land and development fund;
(10) For the protection, planning, management, and regulation of water resources under chapter 174C;
(11) For invasive species control and mitigation by the invasive species council under chapter 194;
(12) To promote reforestation and sediment run-off mitigation; and
(13) For other purposes of this chapter.
(b) Notwithstanding the [above]
provisions[,] of subsection (a), but subject to the restrictions
contained in section 5(f) of the Admission Act, whenever the board sells
remnants to abutting owners, the proceeds therefrom including interest on
deferred payments, shall be deposited into the general fund; provided that [such]
those proceeds shall be set apart to the appropriate fund where mandatory
federal requirements affecting federal funds so require.
[(c) Notwithstanding the above limitations
on use of the proceeds of sale, where the board sells public lands including
the buildings thereon once used but no longer necessary for school purposes at
the recommendation and request of the board of education, all net proceeds
derived from the sales shall be used for the acquisition of land or for the
erection of buildings for school purposes to the extent of an approved building
plan in the departmental school district wherein the sales occur. In the
absence of any school building program in the district or in the event of any
surplus remaining after the completion of buildings constructed pursuant to the
approved plan then the proceeds or surplus shall be used in other departmental
school districts in the county wherein the sales occur.
(d)] (c) When use of the fund is
authorized by the legislature for the development of public lands for a
particular project, to be disposed of by sale, lease, license, or permit, the
board may pay from the fund the costs of the development, including the costs
of surveys, construction of roads, water lines, sewer lines, and such other
improvements as may be necessary for the development of the lands; provided
that [the]:
(1) The project shall meet with the
zoning and subdivision requirements of the appropriate county government in
which the lands are located, except that plans and specifications for
recreational projects, including access roads therefor, shall not be required
to meet with such approval; and [provided further that no]
(2) No such development of public lands for disposal by sale, lease, license, or permit shall be made unless appropriate roads, water lines, and other improvements are installed which will make the land usable for the purpose for which it is being disposed at the time of disposition.
[(e)] (d) All unexpended and
unencumbered moneys remaining on balance with the fund at the close of each
fiscal year which are deemed, by the director of finance, to be in excess of
the moneys necessary to carry out the purposes of this section over the next
following fiscal year shall lapse to the credit of the state general
fund."
SECTION 2. Section 302A-1151, Hawaii Revised Statutes, is amended to read as follows:
"§302A-1151 [Sale of school] School
lands unnecessary for school purposes[.]; transfer to the department
of land and natural resources; alternative use. (a) The
chairperson of the board of land and natural resources [is hereby requested],
upon the recommendation and approval of the superintendent, [to sell] shall
transfer from the department of education to the department of land and natural
resources, any state [lands,] land under the jurisdiction of the
department of education, including the buildings thereon, [once used but
no longer necessary;] that is not being used for school purposes;
provided that [no] the land, school facility, or portion
of a school facility [shall be sold before that facility or portion of the
facility is made available for use by the department or charter] is made
available for alternative use by the following entities in order of priority:
(1) Charter schools or other education
programs pursuant to section 302A-1151.5 and 302B-3.6[.]; or
(2) The county where the land or building is located; provided that the county is willing to accept the land and the land was previously under the jurisdiction of the county.
(b) Prior to the final transfer of any land under subsection (a), the department shall consult with the board of land and natural resources."
SECTION 3. Section 302A-1151.5, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) After receipt by the charter school
review panel of a notice pursuant to subsection (b), if the charter school
review panel does not provide a prioritized list of charter schools because no
charter school has requested to use the facilities of the public school, or if
the department receives the prioritized list but determines that no charter
school on the list is an appropriate candidate to occupy and use the
facilities, the department shall [give]:
(1) Give reasonable consideration to
making all or portions of the facilities of the public school, if closed,
available for occupancy and use for other educational purposes[.]; or
(2) Dispose of the facilities pursuant to section 302A-1151."
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
Report Title:
Education; Charter Schools; Counties; DLNR
Description:
Requires land and facilities under the jurisdiction of the DOE not being used to be transferred to the DLNR; provided that the land or facilities is first offered to, or used for charter schools, other educational purposes, or to an eligible county where the land or facility is situated. (HB625 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
