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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2417 |
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THIRTY-FIRST LEGISLATURE, 2022 |
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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:
(1) Regularize and make consistent the various lease extension statutory language in chapter 171, Hawaii Revised Statutes. The proposed legislation shall specifically:
(A) Allow all types of leases to be extended, but require that all lease extensions, regardless of whether those leases were obtained through direct negotiation or the public auction process, use the most current lease form and leasing practices and policies, including provisions to allow the State to be paid its fair share of sublease income;
(B) Allow the State to charge rent premiums on extended leases to compensate the State for foregoing the reversionary interest and incorporate the value of the improvements on the property, except any improvements mandated by the State; and
(C) Require a lessee to pay for the appraisal required for the reopening of rent in the extended lease term and be precluded from protesting the rent so determined; and
(2) Allow the department of land and natural resources to negotiate direct leases for five to ten years with a basic appraisal process for those properties where there is no interest in the public auction as determined by responses to a request for interest solicitation or by holding a public auction.
SECTION 2. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2022-2023 for the department of land and natural resources to implement the recommendations made in the final report of the house of representatives' investigative committee established under House Resolution No. 164, Regular Session of 2021.
The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
DLNR; Leases; Extension; Direct Negotiation; Appropriation
Description:
Requires DLNR to review the final report of the house of representatives' investigative committee established under House Resolution No. 164, Regular Session of 2021, for the purpose of developing proposed legislation. Appropriates funds for DLNR to implement the report's recommendations.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.