HOUSE OF REPRESENTATIVES

H.B. NO.

1855

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE UNIVERSITY OF HAWAII.

 

 

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

 


     SECTION 1.  The University of Hawaii acquired lands for the University of Hawaii at West Oahu through a land exchange approved in Act 294, Session Laws of Hawaii 1996.  Subsequently, the University of Hawaii at West Oahu campus has grown and continues to grow according to the university's long-range development plans.  However, the legislature finds that there remains significant acreage that could be used for revenue-generating purposes for the support of the University of Hawaii at West Oahu.  The university is supported with public funds and as such, it is the legislature's responsibility to ensure that the university is fiscally sustainable.  Consequently, the legislature finds and declares that the disposition of land with the potential for revenue generation is an issue of statewide concern and therefore under the legislature's purview pursuant to article x, section 6 of the Hawaii state constitution.

     Accordingly, the purpose of this Act is to prohibit the sale or gift of the University of Hawaii at West Oahu land acquired pursuant to Act 294, Session Laws of Hawaii 1996, without the prior consent of the legislature.

     SECTION 2.  Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§304A-    University of Hawaii at West Oahu; sale or gift of lands.  (a)  Notwithstanding section 304A-105 to the contrary, no sale of lands described in section 304A-2166(b)(2)(A) and (B) in fee simple, including land sold for roads and streets, or gift of lands described in those sections in fee simple to the extent such gift is otherwise permitted by law, shall occur without the prior approval of the sale or gift by the legislature by concurrent resolution to be adopted by at least a two-thirds majority vote of both houses.

     (b)  The university shall submit for introduction to the legislature a concurrent resolution for review of the proposed sale or gift.  The concurrent resolution shall contain a list of all sales or gifts of land proposed by the university.  The concurrent resolution shall contain the following information:

     (1)  The specific location and size in square feet or in other precise measure of the parcels of land to be sold or gifted;

     (2)  The appraisal value of the land to be sold or gifted;

     (3)  The names of all appraisers performing appraisals of the land to sold or gifted;

     (4)  The date of the appraisal valuation;

     (5)  The purpose for which the land is being sold or gifted; and

     (6)  A detailed summary of any development plans for the land to be sold or gifted.

     (c)  If the legislature fails to approve the concurrent resolution by at least a two-thirds majority vote of both houses, the transaction shall be abandoned by the university.

     (d)  Prior to finalizing any proposal for the sale or gift of lands described in subsection (a) and prior to the submission of a the concurrent resolution to the legislature pursuant to subsection (b), the university shall hold an informational briefing on the proposed sale or gift."

     SECTION 3.  Section 304A-2166, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

     "(b)  The following shall be deposited into the special fund:

     (1)  Appropriations by the legislature to the special fund;

     (2)  All net proceeds from the sale of public lands, all net rents from leases, licenses, and permits, or all net proceeds derived from development rights for public lands:

         (A)  Proposed for large lot subdivision as a five hundred acre parcel and designated as Lot 10077 in Land Court Application 1069; and

         (B)  Obtained from the Campbell Estate in the land exchange described in section 2 of Act 294, Session Laws of Hawaii 1996, located mauka of the H-1 Freeway and consisting of nine hundred forty-one acres, more or less; [and]

          provided that notwithstanding section 304A-105 to the contrary, no sale of lands described in this paragraph in fee simple, including land sold for roads and streets, or gift of lands described in this paragraph in fee simple to the extent such gift is otherwise permitted by law, shall occur without the prior approval of the sale or gift by the legislature pursuant to section 304A-   ; and

(3)  Interest earned or accrued on moneys in the special fund."

     SECTION 4.  Section 304A-2274, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  There is established the University of Hawaii real property and facilities use revolving fund into which shall be deposited all revenues collected by the university for the use of university real property and facilities, except as otherwise provided by law.  The board of regents may establish prices, fees, and charges, including those for the sale, lease, or use of university real property and facilities, which include land, buildings, grounds, furnishings, and equipment; provided that the university shall comply with all statutory and common law requirements in the disposition of ceded lands and those lands described in sections 304A-2166(b)(2)(A) and (B).  The board of regents shall be exempt from the public notice and public hearing requirements of chapter 91 in establishing and amending the fees and charges.  The university may establish separate accounts within the revolving fund for major program activities.  Funds deposited into the revolving fund accounts shall be expended to pay the costs of operating university facilities, including maintenance, administrative expenses, salaries, wages, and benefits of employees, contractor services, supplies, security, furnishings, equipment, janitorial services, insurance, utilities, and other operational expenses.  Revenues not expended as provided in this section may be transferred to other university funds to be invested or expended for the administrative or overhead costs of the university.  All expenditures from this revolving fund shall be subject to legislative appropriation."

     SECTION 5.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 6.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 7.  This Act shall take effect on July 1, 2525.


 


 

Report Title:

University of Hawaii at West Oahu; Sale or Gift of Land

 

Description:

Prohibits the sale or gift of land currently being used for the permanent campus of the University of Hawaii at West Oahu, including the surrounding land to which the University holds title, without the prior consent of the Legislature.  Effective July 1, 2525.  (HB1855 HD1)

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.