Bill Text: HI SB2389 | 2018 | Regular Session | Introduced
Bill Title: Relating To The Board Of Education.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2018-01-30 - Re-Referred to EDU/WTL. [SB2389 Detail]
Download: Hawaii-2018-SB2389-Introduced.html
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THE SENATE |
S.B. NO. |
2389 |
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TWENTY-NINTH LEGISLATURE, 2018 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to the board of education.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that some lands designated for library use are underutilized, while old library facilities are in need of upgrade and repair. The State and board of education could benefit from partnering with private developers to develop the underutilized land to create mixed use developments that include modern libraries, increasing the use of state land in creative ways. However, multiple layers of ownership make it difficult to find developers interested in partnering with the State and board of education to improve the land.
The purpose of this Act is to give the board
of education the statutory authority to hold title to lands designated for
library use, with the intent of removing a layer of ownership that has
discouraged developers from partnering with the board of education to improve
the land and facilities.
SECTION 2. Section 171-2, Hawaii Revised Statutes, is amended to read as follows:
"§171-2 Definition of
public lands.
"Public lands" means all lands or interest therein in the
State classed as government or crown lands previous to August 15, 1895, or
acquired or reserved by the government upon or subsequent to that date by
purchase, exchange, escheat, or the exercise of the right of eminent domain, or
in any other manner; including lands accreted after May 20, 2003, and not
otherwise awarded, submerged lands, and lands beneath tidal waters that are
suitable for reclamation, together with reclaimed lands that have been given
the status of public lands under this chapter, except:
(1) Lands designated in section 203 of the Hawaiian
Homes Commission Act, 1920, as amended;
(2) Lands set aside pursuant to law for the use of
the United States;
(3) Lands being used for roads and streets;
(4) Lands to which the United States relinquished
the absolute fee and ownership under section 91 of the Hawaiian Organic Act
prior to the admission of Hawaii as a state of the United States unless
subsequently placed under the control of the board of land and natural
resources and given the status of public lands in accordance with the state constitution,
the Hawaiian Homes Commission Act, 1920, as amended, or other laws;
(5) Lands to which the University of Hawaii holds
title;
(6) Lands to which the Hawaii housing finance and
development corporation in its corporate capacity holds title;
(7) Lands to which the Hawaii community
development authority in its corporate capacity holds title;
(8) Lands to which the department of agriculture
holds title by way of foreclosure, voluntary surrender, or otherwise, to
recover moneys loaned or to recover debts otherwise owed the department under
chapter 167;
(9) Lands that are set aside by the governor to
the Aloha Tower development corporation; lands leased to the Aloha Tower
development corporation by any department or agency of the State; or lands to which
the Aloha Tower development corporation holds title in its corporate capacity;
(10) Lands that are set aside by the governor to
the agribusiness development corporation; lands leased to the agribusiness
development corporation by any department or agency of the State; or lands to
which the agribusiness development corporation in its corporate capacity holds
title; [and]
(11) Lands to which the high technology development
corporation in its corporate capacity holds title; and
(12) Lands to which the board of education holds
title;
provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005."
SECTION 3. Section 312-1, Hawaii Revised Statutes, is amended to read as follows:
"§312-1 Duties of the board of education. The board of education shall care for, manage, hold title to, and control all property set apart, donated, loaned to, or in any manner acquired for the use of libraries; receive, care for, expend, and account for any money which may be received for the purpose of erecting buildings for libraries or for any other purposes of the libraries."
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.
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INTRODUCED BY: |
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Report Title:
Board of Education; Hawaii State Public System; Library; Lands; Title
Description:
Gives the board of education authority to hold title to all lands acquired for the use of libraries. Makes conforming amendments.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
