THE SENATE	S.B. NO.	2777
TWENTY-NINTH LEGISLATURE, 2018
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE NATIONAL GUARD.

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

SECTION 1. By establishing its facilities and presence within communities throughout the State, it is the intent of the state that the Department of Defense, serve and be an integral part of the community. To that end, it is the policy of the Legislature to lend out Department of Defense facilities, in accordance with Hawaii Revised Statutes and Department of Defense requirements, on a non-interference basis, for temporary public use and rental by organizations such as civic and veterans groups, and non-profit entities within the community. The rental monies collected are intended to cover the costs of utilities, including but not limited to water, sewer, and electricity, any supplies, including but not limited to soap, paper towels, and toilet paper, all related State personnel or staffing costs necessary to open, close, clean, maintain, or repair the facility, and the wear-and-tear on the facility associated with the use of the facility. However, in accordance with section §121-19 Regulations governing armories, etc. of the Hawaii Revised Statutes, all monies received from the rentals shall be deposited into the general fund of the State, with required amounts returned to the Office of Hawaiian Affairs in accordance with Act 178/SLH 2006. This situation requires the Department of Defense to utilize operating funds to cover the costs of utilities, supplies and personnel for the temporary public use of its facilities by the community.

The intent and purpose of this Act is to clarify that the Department of Defense may continue its community involvement by lending out its facilities without incurring a loss to its operating budget by clarifying that the Department of Defense may retain revenues collected to cover the cost of utilities, supplies, personnel and wear-and-tear associated with the lending out of its facilities and that any net proceeds collected associated with the lending out of its facilities will be returned to the general fund, with required amounts returned to the Office of Hawaiian Affairs.

SECTION 2. Section 121-19, Hawaii Revised Statutes is amended to read as follows:

"§121-19 Regulations governing armories, etc. Any law to the contrary notwithstanding, the Adjutant General may make regulations to establish procedures governing the care and custody of Department of Defense facilities that are either set aside to the Department of Defense or on license from the federal government. The Adjutant General may permit the use of or may temporarily rent to a national guard unit or other county, state, or federal government agency sponsoring or co-sponsoring meeting(s), class(es), or other activities; hosting athletic events or competitions; billeting personnel in conjunction with sanctioned events such as agency sponsored conferences or classes, agency sponsored athletic or recreation programs, government sponsored public hearings or meetings, unit sponsored youth organizations and activities, or public school sponsored classes, dances, plays, concerts, etc., nonprofit or eleemosynary (charitable) organizations conducting a community or group activity, and film production enterprise activities, promoted and coordinated through the Hawaii Film Industry Branch, Department of Business, Economic Development and Tourism, such portions of Department of Defense facilities as will not interfere with the military use thereof. The Adjutant General shall establish the rentals to be charged for their use and all [moneys] net proceeds received from the rentals shall be deposited into the general fund of the State. Chapter 91 shall not apply."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon approval.

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Defense; National Guard

Description:

Allow the Department to recoup operating costs when the department allows for temporary facility use to the public. Currently, the law requires all monies received from the rentals shall be deposited into the general fund of the State.

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