HOUSE OF REPRESENTATIVES

H.B. NO.

1689

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to mauna kea.

 

 

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

 


SECTION 1. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to subpart O of part IV to be appropriately designated and to read as follows:

"304A- Report to the legislature. The board of regents shall submit an annual report to the legislature on the fair market lease rates under section 304A-1902(b) and the revenues transferred to the public land trust fund under section 304A-2170(b)(3)."

SECTION 2. Section 304A-1902, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:

"(b) The board of regents may enter into lease agreements for the Mauna Kea lands; provided that the University of Hawaii shall comply with all statutory requirements in the disposition of ceded lands[.]; provided further that when the board of regents calculates the pro rata share of ceded land revenues to be transferred to the office of Hawaiian Affairs for the lease of Mauna Kea lands, the amount to be transferred shall be based upon the fair market value of using Mauna Kea lands or of using facilities and programs related to the Mauna Kea lands."

SECTION 3. Section 304A-2170, Hawaii Revised Statutes, is amended by amending as follows:

1. By amending subsection (b) to read:

"(b) The proceeds of the special fund shall be used for:

(1) Managing the Mauna Kea lands, including maintenance, administrative expenses, salaries and benefits of employees, contractor services, supplies, security, equipment, janitorial services, insurance, utilities, and other operational expenses; [and]

(2) Enforcing administrative rules adopted relating to the Mauna Kea lands[.]; and

(3) Transferring for deposit into the public land trust fund at least twenty per cent of the lease revenues derived under section 304A-1902(b) as the portion of revenues subject to section 10-13.5; provided that the lease revenue calculation shall not include any offset for the provision of in-kind services."

2. By amending subsection (e) to read:

"(e) All expenditures from the special fund shall be subject to legislative appropriation[.], except for the transfers of lease revenues to the public land trust fund under subsection (b)(3)."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2014.

 

INTRODUCED BY:

_____________________________

 

 


 


 

Report Title:

UH; Mauna Kea; Lease Revenues: Public Land Trust Fund

 

Description:

Requires UH to use a fair market value rate for the lease of its Mauna Kea lands when calculating the 20% pro rata share of lease revenues to the public land trust fund in fulfillment of the university's pro rata share of ceded land revenues owed to the office of Hawaiian affairs. Requires reports to the legislature.

 

 

 

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