Report Title:
Public Lands; Lease to Eleemosynary Organizations; Subleasing
Description:
Permits certain lessees of sites on public lands to sublet the whole or part of the demised premises without approval of the board of land and natural resources; provided that the sublease term shall not exceed one week, the rent charged to the sublessee shall not exceed an amount necessary for the lessee to cover the lessee's operational costs, and the demised premises shall be used substantially for the purposes for which it was originally intended.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2966 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-43, Hawaii Revised Statutes, is amended to read as follows:
"§171-43 Lease of campsites or sites
for youth athletic [and/or] or educational
activities[.], or both. (a) The board
of land and natural resources may directly lease without recourse to public
auction to any eleemosynary or religious organization campsites or sites for
youth athletic [and/or] or educational activities, or both,
in a state park area or on lands under the control of the department of land
and natural resources at nominal consideration.
(b) Where the lease is for campsites, the
lease shall provide that the lessee shall permit the public to use the
campsites at the rates approved by the board in its rules [and regulations.
Except as provided herein, the].
(c) The terms and conditions of sections
171-33, 171-35 and 171-36 shall apply[.], except as provided in this
section.
(d) The lessee may sublet the whole or any part of the demised premises without the approval of the board; provided that:
(1) The sublease term shall not exceed one week;
(2) The rent charged to the sublessee shall not exceed an amount necessary for the lessee to cover the lessee's operational costs; and
(3) The demised premises shall be used substantially for the purposes for which it was originally intended."
SECTION 2. Section 171-43.1, Hawaii Revised Statutes, is amended to read as follows:
"§171-43.1 Lease to eleemosynary
organizations. (a) The board may lease, at a nominal
consideration, by direct negotiation and without recourse to public auction,
public lands to an eleemosynary organization [which] that has
been certified to be tax exempt under sections 501(c)(1) or 501(c)(3) of the
Internal Revenue Code of 1986, as amended.
(b) The lands shall be used by [such]
the eleemosynary organizations for the purposes for which their [charter
was] charters were issued and for which they were certified by the
Internal Revenue Service.
(c) Notwithstanding any law to the contrary, the lessee may sublet the whole or any part of the demised premises without the approval of the board; provided that:
(1) The sublease term shall not exceed one week;
(2) The rent charged to the sublessee shall not exceed an amount necessary for the lessee to cover the lessee's operational costs; and
(3) The demised premises shall be used substantially for the purposes for which it was originally intended."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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