Bill Text: HI HB990 | 2019 | Regular Session | Amended
Bill Title: Relating To Department Of Defense Facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-06-12 - Act 076, 06/07/2019 (Gov. Msg. No. 1177). [HB990 Detail]
Download: Hawaii-2019-HB990-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
990 |
THIRTIETH LEGISLATURE, 2019 |
H.D. 1 |
|
STATE OF HAWAII |
S.D. 1 |
|
|
C.D. 1 |
|
|
||
|
A BILL FOR AN ACT
RELATING TO DEPARTMENT OF DEFENSE FACILITIES.
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
this 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 nonprofit entities within
the community. The rental moneys collected are intended to cover the costs of
utilities, including water, sewer, and electricity, any supplies, including
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 Statutes, 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
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, clarify that the
department of defense may retain revenues collected to cover the cost of
utilities, supplies, personnel, and wear-and-tear associated with the lending
out of its facilities, and clarify 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 [armories,
rifle ranges, reservations and installations] 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 [civic,
community, veterans and other nonprofit public organizations and groups, such
portions of armories, rifle ranges, reservations and installations] national
guard units or other county, state, or federal government agency sponsoring or
co-sponsoring meetings, classes, 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, and concerts; nonprofit or eleemosynary 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
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 upon its approval.
Report Title:
Department of Defense Facilities
Description:
Allows the Department of Defense to recoup operating costs when the Adjutant General permits temporary use of department facilities to the public and requires remaining net proceeds to be deposited into the general fund. (HB990 CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.