Allows the department of education to lease out its unused school property on state land for commercial use.

A BILL FOR AN ACT

SECTION 1. As the State moves forward implementing its new policies established in the Reinventing Education Act of 2004 and conforming to federal mandates of the No Child Left Behind Act, additional funding for department of education programs has become difficult to retain. The legislature finds that authorizing schools access to innovative funding mechanisms can allow schools to participate as a resource for funding their programs. In particular, allowing schools to lease unused property for a fee could serve as a funding source for successful programs within the department of education that are in need of additional funding.

The purpose of the Act is to allow schools on state-owned lands to lease unused property for commercial purposes.

SECTION 2. Chapter 302A, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§302A-   Use of school property for commercial purposes. All public school buildings, facilities, and grounds on state land may be leased for commercial purposes in accordance with chapter 102 whenever the activities do not interfere with the normal and usual activities of the school and its pupils. The department shall adopt rules under chapter 91 as 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. The fees and charges shall be deposited into a separate account and expended by the department under rules as may be adopted by the board pursuant to chapter 91."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.