Bill Text: HI HB2350 | 2018 | Regular Session | Amended
Bill Title: Relating To The National Guard.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-16 - Passed Second Reading as amended in HD 1 and referred to the committee(s) on FIN with none voting aye with reservations; none voting no (0) and Representative(s) DeCoite, Ing, Nakamura, Onishi, Woodson excused (5). [HB2350 Detail]
Download: Hawaii-2018-HB2350-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2350 |
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TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE NATIONAL GUARD.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. By
establishing its facilities and presence within communities throughout the
State, it is the intent of the State that the department of defense serve and
be an integral part of the community. To
that end, it is the policy of the legislature to lend out department of defense
facilities, in accordance with Hawaii Revised Statutes and department of defense
requirements, on a non-interference basis, for temporary public use and rental
by organizations such as civic and veterans groups and non-profit entities
within the community. The rental moneys
collected are intended to cover the costs of utilities, including but not
limited to water, sewer, and electricity; any supplies, including but not
limited to soap, paper towels, and toilet paper; all related State personnel or
staffing costs necessary to open, close, clean, maintain, or repair the
facility; and the wear-and-tear on the facility associated with the use of the
facility. However, in accordance with
section 121-19, Hawaii Revised Statute, all moneys received from the rentals shall be deposited into the general fund
of the State, with required amounts returned to the office of Hawaiian affairs
in accordance with Act 178, Session Laws of Hawaii 2006. This situation requires the department of defense
to utilize operating funds to cover the costs of utilities, supplies and
personnel for the temporary public use of its facilities by the community.
The
intent and purpose of this Act is to clarify that the department of defense may
continue its community involvement by lending out
its facilities without incurring a loss to its operating
budget by allowing the department of defense to retain revenues collected to
cover the cost of utilities, supplies, personnel and wear-and-tear associated
with the lending out of its facilities and that any net proceeds collected
associated with the lending out of its facilities will be returned to the
general fund, with required amounts returned to the office of Hawaiian affairs.
SECTION
2. Section 121-19, Hawaii Revised
Statutes is amended to read as follows:
"§121-19 Regulations governing armories, etc. Any law to the contrary notwithstanding, the
Adjutant General may make regulations to establish procedures governing the
care and custody of Department of Defense facilities that are either set aside
to the Department of Defense or on license from the federal government. The Adjutant General may permit the use of or
may temporarily rent to a national guard unit or other county, state, or
federal government agency sponsoring or co-sponsoring meeting(s), class(es), or
other activities; hosting athletic events or competitions; billeting personnel
in conjunction with sanctioned events such as agency sponsored conferences or
classes, agency sponsored athletic or recreation programs, government sponsored
public hearings or meetings, unit sponsored youth organizations and activities,
or public school sponsored classes, dances, plays, concerts, etc., nonprofit or
eleemosynary (charitable) organizations conducting a community or group
activity, and film production enterprise activities, promoted and coordinated
through the Hawaii Film Industry Branch, Department of Business, Economic
Development and Tourism, such portions of Department of Defense facilities as
will not interfere with the military use thereof. The Adjutant General shall establish the
rentals to be charged for their use and all [moneys] net proceeds
received from the rentals shall be deposited into the general fund of the
State. Chapter 91 shall not apply."
SECTION
3. Statutory material to be repealed is
bracketed and stricken. New statutory
material is underscored.
SECTION
4. This Act shall take effect on March
19, 2100.
Report Title:
Defense; National Guard
Description:
Allow the State Department of Defense to recoup operating costs when the Department allows for temporary facility use to the public. (HB2350 HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
