H.B. NO.














relating to use of public school facilities.





SECTION 1. The legislature finds that department of education public school buildings, facilities, and grounds are vital community gathering places. The legislature also finds that many nonprofit organizations with limited financial resources are nonetheless an integral part of our communities and often contribute valuable charitable donations and in-kind services to their community schools. Accordingly, the purpose of this Act is to provide a mechanism for crediting nonprofit organizations who have contributed charitable donations or in-kind services to schools, in lieu of charging the nonprofit organization a facility use fee to use school buildings, facilities, or grounds.

SECTION 2. Section 302A-1148, Hawaii Revised Statutes, is amended to read as follows:

"302A-1148 Use of school facilities and grounds. (a) All public school buildings, facilities, and grounds shall be available for general recreational purposes, and for public and community use, whenever these activities do not interfere with the normal and usual activities of the school and its pupils. Any other law to the contrary notwithstanding, the department shall adopt rules under chapter 91 as are deemed necessary to carry out the purposes of this section and may issue licenses, revocable permits, concessions, or rights of entry to school buildings and grounds for such periods of use as deemed appropriate by the department. All such dispositions, including those in excess of fourteen days, need not be approved by the board of land and natural resources; provided that approval by the board of land and natural resources shall be required when the dispositions are for periods in excess of a year. The department may assess and collect fees and charges from the users of school buildings, facilities, grounds, and equipment, which include fees and charges assessed and collected by the department for parking on roadways and in parking areas under the jurisdiction of the department, pursuant to section 302A-1151.6. The fees and charges shall be deposited into a separate fund and expended by the department under rules as may be adopted by the board; provided that any parking fees assessed and collected by a school shall be deposited to the credit of that school's nonappropriated local school fund account.

(b) A separate subaccount of the fund established pursuant to subsection (a), to be known as the school facilities subaccount, shall be established for all proceeds from the leases, permits, interest income generated from public school lands, and other revenue generated from the nonpermanent disposition of public school lands, including facilities, pursuant to section 302A-1151.1. The subaccount shall be governed by section 302A-1151.2.

(c) Notwithstanding subsection (a), the principal of a school may waive fees and charges from a user of the school buildings, facilities, grounds, or equipment, provided that the user:

(1) Is a non-profit organization who is exempt from federal taxation under section 501(c)(3) of the Internal Revenue Code;

(2) Makes community use of school buildings, facilities, grounds, or equipment; and

(3) Has made charitable donations or provided in-kind services to the school whose buildings, facilities, grounds, or equipment is being used and the value of the donations or services is sufficiently comparable to the fees and charges the user would have to pay under this section."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2014.








Report Title:

DOE; Facility Use Fee; Waiver



Authorizes school principals to waive any facility use fee imposed by the DOE upon entities for community use of school facilities if the entity is a 501(c)(3) organization who makes a charitable contribution or provides in-kind services to the school.




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