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THE SENATE |
S.B. NO. |
2186 |
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THIRTY-FIRST LEGISLATURE, 2022 |
S.D. 2 |
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STATE OF HAWAII |
H.D. 1 |
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C.D. 1 |
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A BILL FOR AN ACT
RELATING TO PUBLIC SCHOOL LAND TRANSFER.
BE
IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION
1. The legislature finds that before statehood,
each county within the territory of Hawaii governed its own respective public education
system. Among other matters of statewide
concern, Act 97, Session Laws of Hawaii 1965 (Act 97), vested in the State the responsibility
for the planning, construction, improvement, and maintenance of public school grounds
and facilities. Prior to Act 97, counties
issued bonds to plan, construct, improve, and maintain public school facilities
and grounds.
Act
154, Session Laws of Hawaii 2003, conveyed to the State the fee simple title to
certain county of Hawaii lands used by the department of education. Act 206, Session Laws of Hawaii 2017 (Act 206),
directed to the department of land and natural resources the conveyance of the fee
simple title to certain city and county of Honolulu lands used by the department
of education. Act 272, Session Laws of Hawaii
2019, amended Act 206 by designating the transferee as the department of education
instead of the department of land and natural resources. Act 210, Session Laws of Hawaii 2018, directed
the conveyance to the department of education of the fee simple title to additional
city and county of Honolulu lands used by the department of education.
The
legislature further finds that the department of education has invested
significant public funds on maintenance and capital improvement projects for
new school facilities. The expenditure
of these funds was done without regard to the underlying fee ownership of the real
property. Act 155, Session Laws of
Hawaii 2013 (Act 155), authorized the department of education to develop its assets
to create twenty-first century schools.
Act 155 also authorized the department of education to explore different
mechanisms to redevelop its assets, including revenue generation to support
investments in twenty-first century schools.
The legislature additionally finds that, to
provide the department of education with flexibility to redevelop, reposition,
and improve its assets in a timely and efficient manner, sole ownership of all land
under existing public schools should be consolidated and held by the department
of education.
Accordingly,
the purpose of this Act is to:
(1) Convey to the department of education fee simple
title to the lands used by the department of education for public schools and offices
that are currently held by the counties of Kauai and Maui, the State, and the department
of land and natural resources;
(2) Require legislative approval prior to the sale
or gift of lands to which the department of education holds title; and
(3) Appropriate funds to effectuate the transfer
of the properties identified herein and for the department of education to
effectively manage the real property it holds.
SECTION
2. (a) Notwithstanding any other law to the contrary,
the fee simple interest to the parcels of land set forth in this section, together
with the existing improvements thereon, but not including submerged land,
accreted land, or any land makai of the legal shoreline (collectively, the
properties), shall be conveyed by their respective owner or owners to the department
of education as grantee, as is, where is. The department of education shall accept the
properties in their existing condition.
All claims and liabilities against the grantors, if any, that the
department of education has, may have had, or may have in the future, regarding
any injury, loss, cost, damage, or liability, including reasonable attorney's
fees, concerning the physical, environmental, soil, economic, and legal conditions
of the properties, shall be released, waived, and extinguished.
(b)
The respective owner or owners of the properties
shall prepare, execute, and record, in the land court or bureau of conveyances,
as appropriate, a quitclaim deed to convey each of the properties together with
all existing improvements. Work to
initiate the conveyance of the properties shall commence no later than December 31,
2022. As an alternative to conveyance instruments
for each parcel of state or county owned land, the transfer of such lands shall
be completed by operation of law. Where
applicable and in the discretion of the department of education, the department
of education may elect to obtain all or a portion of each parcel identified by
this Act. If the department of education
elects to obtain a portion or portions of any parcel identified by this Act,
then the parties to the conveyance shall take all actions necessary to legally
effect the same.
(c)
As these are conveyances in which the county
and the State and its agencies are the only parties, the tax imposed by section
247-1, Hawaii Revised Statutes, shall not apply.
(d)
Effective on the date of transfer, every
reference to the titleholder of the properties shall be construed as a reference
to the department of education.
(e)
Parcels to be conveyed by the county of Kauai,
identified by tax map key number, are as follows:
(1) (4)2-1-001:009 (Eleele elementary school);
(2) (4)5-2-009:006 (Kilauea elementary school);
(3) (4)1-6-010:010 (Waimea high school);
(4) (4)1-6-009:023 (portion) (Waimea high school);
and
(5) (4)3-6-002:010 (Wilcox elementary school).
(f)
Parcels to be conveyed by the county of Maui,
identified by tax map key number, are as follows:
(1) (4)4-8-005:001 (Anahola school);
(2) (2)3-8-007:004 (Baldwin high school);
(3) (2)3-8-007:080 (Baldwin high school);
(4) (2)3-8-007:047 (Baldwin high school);
(5) (2)2-7-008:097 (Haiku elementary school);
(6) (2)2-7-004:029 (Haiku elementary school);
(7) (2)2-7-004:004 (Haiku elementary school);
(8) (2)1-3-006:007 (Hana high school);
(9) (2)3-4-009:003 (Iao intermediate school);
(10) (2)3-8-007:041 (Kahului elementary school);
(11) (2)4-6-002:013 (Kamehameha III elementary school);
(12) (2)5-3-002:052 (Kaunakakai elementary school);
(13) (2)5-2-013:027 (Kualapuu elementary school – public charter school);
(14) (2)2-2-014:002 (Kula elementary school);
(15) (2)3-8-030:009 (Lihikai elementary school);
(16) (2)2-3-009:035 (portion) (Pukalani elementary school);
(17) (2)3-8-006:008 (Puunene school);
(18) (1)3-2-006:028 (school food services);
(19) (2)3-4-007:049 (Wailuku elementary school); and
(20) (2)3-4-007:003 (Wailuku elementary school).
(g)
Parcels to be conveyed by the department
of land and natural resources or the State, as the case may be, identified by tax
map key number, are as follows:
(1) (1)4-7-060:030
(Ahuimanu elementary school);
(2) (1)9-9-005:004
(Aiea elementary school);
(3) (1)9-9-005:001
(portion) (Aiea intermediate school);
(4) (1)2-7-036:007
(Ala Wai elementary school);
(5) (1)1-1-010:041
(Aliamanu elementary school);
(6) (1)3-3-003:019
(Aliiolani elementary school);
(7) (1)3-4-004:049
(portion) (Anuenue school);
(8) (1)3-4-004:049
(portion) (Anuenue school);
(9) (1)3-4-004:002
(Anuenue school);
(10) (1)9-4-059:072
(August Ahrens elementary school);
(11) (1)9-4-059:074
(August Ahrens elementary school);
(12) (1)9-1-013:003 (Barbers Point elementary school);
(13) (1)7-4-017:002;
(1)7-4-022:050; and (1)7-4-002:049 (central district office Wahiawa);
(14) (2)2-2-002:081
(Kihei high school);
(15) (1)2-1-009:001
(Keelikolani middle school);
(16) (1)2-1-005:002
(Keelikolani middle school);
(17) (3)2-5-008:013
(DeSilva elementary school);
(18) (4)2-1-001:006
(Eleele elementary school);
(19) (1)9-1-163:010
(Ewa elementary school);
(20) (1)9-1-069:027
(Ewa Makai middle school);
(21) (1)1-6-003:083
(Farrington high school);
(22) (1)1-6-003:047
(Farrington high school);
(23) (1)1-3-001:058
(Fern elementary school);
(24) (3)2-6-020:038
(Haaheo elementary school);
(25) (2)2-7-008:098
(Haiku elementary school);
(26) (3)2-9-002:005
(Hakalau school);
(27) (1)6-6-013:012
(Haleiwa elementary school);
(28) (2)1-3-006:008
(Hana high and elementary school);
(29) (4)5-5-006:038
(Hanalei elementary school);
(30) (4)5-5-006:018
(Hanalei elementary school);
(31) (1)5-4-008:026
(Hauula elementary school);
(32) (1)5-4-009:004
(Hauula elementary school);
(33) (1)3-1-023:054
(Hawaii school for the deaf and the blind);
(34) (3)2-3-015:001
(Hilo high school);
(35) (3)2-3-015:026
(Hilo high school);
(36) (3)2-3-021:058
(Hilo intermediate school);
(37) (3)2-3-016:037
(Hilo union elementary school);
(38) (1)9-1-102:028
(Holomua elementary school);
(39) (3)7-6-004:002
(Holualoa elementary school);
(40) (3)8-3-013:021
(Honaunau elementary school);
(41) (3)4-5-005:001
(Honokaa elementary school);
(42) (3)4-5-005:002
(portion) (Honokaa elementary school);
(43) (3)4-5-010:076
(portion) (Honokaa elementary school);
(44) (3)4-5-010:076
(portion) (Honokaa high and intermediate school);
(45) (3)4-5-012:021
(Honokaa high and intermediate school);
(46) (3)4-5-012:025
(Honokaa high and intermediate school);
(47) (3)4-5-003:020
(Honokaa high and intermediate school);
(48) (3)4-5-005:002
(Honokaa high and intermediate school);
(49) (1)9-1-017:160
(Honouliuli middle school);
(50) (1)9-4-053:117
(Honowai elementary school);
(51) (1)9-1-160:024
(Hookele elementary school);
(52) (1)9-1-158:062
(Hookele elementary school);
(53) (3)8-6-010:009
(portion) (Hookena elementary school);
(54) (2)3-4-009:004
(Iao intermediate school);
(55) (1)7-7-001:003
(Inouye elementary school);
(56) (1)3-4-007:009
(Jarrett middle school);
(57) (1)2-6-029:002
(Jefferson elementary school);
(58) (1)2-6-028:005
(Jefferson elementary school);
(59) (1)5-1-002:018
(Kaaawa elementary school);
(60) (1)2-4-012:001
(Kaahumanu elementary school);
(61) (1)4-2-090:074
(Kaelepulu elementary school);
(62) (3)7-5-020:077
(Kahakai elementary school);
(63) (3)7-5-020:079
(Kahakai elementary school);
(64) (1)5-6-006:024
(Kahuku elementary school);
(65) (1)5-6-006:003
(Kahuku high and intermediate school);
(66) (1)4-3-056:003
(Kailua elementary school);
(67) (1)4-2-003:022
(Kailua high school);
(68) (1)9-1-001:022
(Kaimiloa elementary school);
(69) (1)2-7-024:001
(Kaimuki high school);
(70) (1)2-7-024:003
(Kaimuki high school);
(71) (1)1-5-005:016
(Kaiulani elementary school);
(72) (4)2-3-002:005
(Kalaheo elementary school);
(73) (1)4-4-034:029
(Kalaheo high school);
(74) (1)4-4-034:028
(Kalaheo high school);
(75) (1)1-5-025:001
(Kalakaua middle school);
(76) (1)1-5-024:029
(Kalakaua middle school);
(77) (2)2-4-032:109
(Kalama intermediate school);
(78) (2)2-4-032:110
(Kalama intermediate school);
(79) (3)2-7-022:003
(Kalanianaole elementary
and intermediate);
(80) (3)2-7-022:002
(Kalanianaole elementary and intermediate);
(81) (3)2-7-025:004
(Kalanianaole elementary and intermediate);
(82) (1)9-4-107:098
(Kaleiopuu elementary school);
(83) (1)1-5-028:075
(Kalihi-Kai elementary school);
(84) (1)1-3-036:015
(Kalihi-Uka elementary school);
(85) (1)1-3-008:004
(Kalihi-Waena elementary school);
(86) (1)8-5-002:037
(Kamaile Academy – public charter school);
(87) (4)3-3-003:042
(Kamakahelei middle school);
(88) (2)3-9-019:009
(Kamalii elementary school);
(89) (2)4-6-002:014
(Kamehameha III elementary school);
(90) (1)9-4-115:023
(Kanoelani elementary school);
(91) (4)4-6-014:031
(portion) (Kapaa elementary school);
(92) (4)4-6-014:031
(portion) (Kapaa high school);
(93) (4)4-3-003:020
(Kapaa middle school);
(94) (3)2-2-020:001
(Kapiolani elementary school);
(95) (1)9-1-016:040
(Kapolei elementary school);
(96) (1)9-1-016:074
(Kapolei high school);
(97) (1)9-1-016:082
(Kapolei middle school);
(98) (3)9-6-005:039
(Kau high and Pahala elementary school);
(99) (3)9-6-005:008
(Kau high and Pahala elementary school);
(100) (4)3-2-005:010 (Kauai high school);
(101) (4)3-3-003:009
(Kauai high school);
(102) (4)3-2-005:011
(Kauai high school);
(103) (4)3-3-003:015
(Kauai high school);
(104) (4)3-3-003:007
(Kauai high school);
(105) (1)1-7-023:041
(Kauluwela elementary school);
(106) (3)2-5-005:084
(Kaumana elementary school);
(107) (4)3-7-003:006
(Kaumualii elementary school);
(108) (1)2-2-009:013
(Kawananakoa middle school);
(109) (3)1-6-003:102
(Keaau elementary school);
(110) (3)1-6-003:110
(Keaau high school);
(111) (3)1-6-003:111
(Keaau high school);
(112) (3)1-6-003:112
(Keaau high school);
(113) (3)1-6-003:059
(Keaau middle school);
(114) (3)1-6-002:001
(Keaau middle school);
(115) (3)7-4-019:044
(portion) (Kealakehe elementary school);
(116) (3)7-4-021:004
(Kealakehe high school);
(117) (3)7-4-019:044
(portion) (Kealakehe intermediate school);
(118) (2)1-1-008:020 (Keanae elementary);
(119) (4)1-3-002:001
(Kekaha elementary school);
(120) (2)2-3-007:032
(Kekaulike high school);
(121) (3)1-5-009:059
(Keonepoko elementary school);
(122) (1)9-1-012:060
(Keoneula elementary school);
(123) (2)2-2-002:043
(portion) (Kihei elementary school);
(124) (4)5-2-009:048
(Kilauea elementary school);
(125) (2)5-6-002:008
(Kilohana elementary school);
(126) (1)9-5-021:001
(Kipapa elementary school);
(127) (3)5-5-008:024
(portion) (Kohala elementary school);
(128) (3)5-4-007:014 (portion) (Kohala elementary school);
(129) (3)5-4-007:008
(Kohala high school);
(130) (3)5-4-008:021
(Kohala high school);
(131) (3)5-5-008:024
(Kohala high school);
(132) (3)5-4-007:014
(portion) (Kohala high school);
(133) (3)5-3-010:056
(Kohala middle school);
(134) (4)2-8-010:011
(Koloa elementary school);
(135) (3)8-1-004:058
(Konawaena elementary school);
(136) (3)8-1-005:011
(Konawaena high school);
(137) (3)8-1-005:013
(Konawaena high school);
(138) (3)8-1-002:038
(portion) (Konawaena high school);
(139) (3)8-1-002:038
(portion) (Konawaena middle school);
(140) (1)2-7-017:029
(Kuhio elementary school);
(141) (1)2-7-027:022
(Kuhio elementary school);
(142) (2)4-6-018:013
(portion) (Lahaina intermediate school);
(143) (2)4-5-034:035
(Lahaina intermediate school);
(144) (2)4-6-018:005
(Lahainaluna high school);
(145) (2)4-6-018:007
(Lahainaluna high school);
(146) (2)4-6-018:012
(Lahainaluna high school);
(147) (1)5-5-015:033
(Laie elementary school);
(148) (2)4-9-014:003
(Lanai high and elementary school);
(149) (2)4-9-014:004
(Lanai high and elementary school);
(150) (1)1-7-042:001
(Lanakila elementary school);
(151) (3)3-5-005:001
(Laupahoehoe community – public charter school);
(152) (3)3-5-004:059
(Laupahoehoe community – public charter school);
(153) (3)3-5-004:026
(Laupahoehoe community – public charter school);
(154) (1)8-6-001:054
(Leihoku elementary school);
(155) (1)1-6-008:021
(Likelike elementary school);
(156) (1)1-6-008:023
(Likelike elementary school);
(157) (1)9-1-017:108
(department of education);
(158) (1)2-4-033:013
(Lincoln elementary school);
(159) (2)2-2-002:043
(portion) (Lokelani intermediate school);
(160) (1)2-3-030:052
(Lunalilo elementary school);
(161) (1)1-8-005:008
(Maemae elementary school);
(162) (1)1-8-005:012
(Maemae elementary school);
(163) (1)9-2-009:082
(Makakilo elementary school);
(164) (1)9-9-075:028
(Makalapa elementary school);
(165) (2)2-4-005:010
(Makawao elementary school);
(166) (1)9-7-068:005
(Manana elementary school);
(167) (2)3-8-007:098
(Maui high school);
(168) (2)3-8-007:002
(Maui Waena intermediate school);
(169) (1)9-2-019:022
(Mauka Lani elementary school);
(170) (1)4-2-043:001
(Maunawili elementary school);
(171) (1)2-3-009:001
(McKinley high school);
(172) (reserved);
(173) (reserved);
(174) (1)9-5-001:054
(Mililani high school);
(175) (1)9-5-001:055
(Mililani high school);
(176) (1)9-5-002:046
(Mililani Ike elementary school);
(177) (1)9-5-049:006
(Mililani Mauka elementary school);
(178) (1)9-5-002:040
(Mililani middle school);
(179) (reserved);
(180) (1)9-4-005:047
(Mililani Uka elementary school);
(181) (1)9-5-001:039
(Mililani Waena elementary school);
(182) (1)1-1-063:011
(Moanalua high school);
(183) (2)5-2-015:001
(portion) (Molokai high school);
(184) (2)5-2-007:001
(Molokai high school);
(185) (2)5-2-015:001
(portion) (Molokai middle school);
(186) (1)9-7-025:004
(portion) (Momilani elementary school);
(187) (3)1-8-001:007
(Mountain View elementary school);
(188) (3)9-5-009:006
(Naalehu elementary school);
(189) (2)4-6-018:013
(portion) (Nahienaena elementary school);
(190) (1)8-9-002:065
(Nanaikapono elementary school);
(191) (1)8-9-007:009
(portion) (Nanakuli elementary school);
(192) (1)8-9-007:009
(portion) (Nanakuli high and intermediate school);
(193) (4)4-2-006:002
(portion) (Olomana school);
(194) (3)4-3-003:032
(Paauilo elementary and intermediate school);
(195) (3)4-3-003:024
(Paauilo elementary and intermediate school);
(196) (3)1-5-114:025
(Pahoa elementary school);
(197) (3)1-5-114:002
(Pahoa elementary school);
(198) (3)1-5-114:026
(Pahoa high and intermediate school);
(199) (3)1-5-003:038
(Pahoa high and intermediate school);
(200) (2)2-5-005:004
(Paia elementary school);
(201) (1)3-4-002:002
(Palolo elementary school);
(202) (1)4-5-017:001
(Parker elementary school);
(203) (1)9-7-025:004
(portion) (Pearl City high school);
(204) (reserved);
(205) (1)9-9-001:012
(Pearl Harbor Kai elementary school);
(206) (1)9-8-013:028
(Pearl Ridge elementary school);
(207) (2)3-8-007:156
(Pomaikai elementary school);
(208) (1)4-1-031:041
(Pope elementary school);
(209) (1)4-1-031:040
(Pope elementary school);
(210) (2)3-5-001:103
(Puu Kukui elementary school);
(211) (2)3-8-006:008
(Puunene school);
(212) (1)9-9-071:053
(Radford high school);
(213) (1)1-1-012:028
(Red Hill elementary school);
(214) (1)2-4-032:001
(Roosevelt high school);
(215) (1)2-1-020:001
(Royal elementary school);
(216) (1)1-1-063:013
(Salt Lake elementary school);
(217) (1)1-1-008:008
(Shafter elementary school);
(218) (1)2-4-033:013
(Stevenson middle school);
(219) (1)5-9-005:018
(Sunset Beach elementary school);
(220) (3)1-9-004:019
(Volcano school of arts and sciences);
(221) (1)7-6-001:003
(Wahiawa middle school);
(222) (1)7-6-001:004
(Wahiawa middle school);
(223) (1)4-8-009:010
(Waiahole elementary school);
(224) (3)2-4-001:015
(portion) (Waiakea elementary school);
(225) (3)2-4-001:015
(portion) (Waiakea high school);
(226) (3)2-4-001:015
(portion) (Waiakea intermediate school);
(227) (3)2-2-042:017
(Waiakeawaena elementary school);
(228) (3)2-2-042:007
(Waiakeawaena elementary school);
(229) (1)6-7-002:009
(Waialua high and intermediate school);
(230) (1)6-7-002:030
(Waialua high and intermediate school);
(231) (1)6-7-002:029
(Waialua high and intermediate school);
(232) (1)8-5-009:018
(Waianae elementary school);
(233) (1)8-5-002:018
(Waianae high school);
(234) (1)8-5-028:042
(Waianae intermediate school);
(235) (1)9-8-050:071
(Waiau elementary school);
(236) (2)3-2-007:021
(Waihee elementary school);
(237) (1)9-4-007:069
(Waikele elementary school);
(238) (1)9-4-007:068
(Waikele elementary school);
(239) (3)6-8-002:038
(Waikoloa school);
(240) (2)3-4-007:001
(Wailuku elementary school);
(241) (2)3-4-007:020
(Wailuku elementary school);
(242) (reserved);
(243) (1)4-1-009:012
(portion) (Waimanalo elementary and intermediate school);
(244) (4)1-2-006:033
(Waimea Canyon school);
(245) (3)6-7-002:015
(portion) (Waimea elementary school);
(246) (4)1-6-010:004
(Waimea high school);
(247) (3)6-7-002:015
(portion) (Waimea middle school – public charter school);
(248) (1)9-4-010:040
(Waipahu elementary school);
(249) (1)9-4-008-025
(Waipahu high school);
(250) (1)9-4-001:030
(Waipahu intermediate school);
(251) (1)9-9-005:001
(portion) (Webling elementary school);
(252) (1)7-7-001:002
(Wheeler elementary school);
(253) (1)7-7-001:002
(Wheeler middle school);
(254) (4)3-6-002:021
(Wilcox elementary school); and
(255) (4)3-6-002:022
(Wilcox elementary school).
SECTION 3. Legislative approval shall be obtained prior to the sale or gift of, or alienation of the fee simple title to, any land held by the department of education, including the properties upon transfer pursuant to this Act. Any sale or gift of, or alienation of the fee simple title to, any land held by the department of education, including the properties upon transfer pursuant to this Act, shall be void unless approved by the legislature.
SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $500,000 or so much thereof as may be necessary for fiscal year 2022-2023 for the purposes of this Act.
The sum appropriated shall be expended by the department of education for the purposes of this Act
SECTION
5. This Act shall take effect on July 1,
2022.
Report
Title:
Public Schools; Department of Education; Land Transfer
Description:
Directs the conveyance to the Department of Education of certain
lands used for public schools and held by the counties of Kauai and Maui, the State,
and the Department of Land and Natural Resources. Requires legislative approval prior to the sale,
gift, or alienation of the fee simple title to lands held by the Department of Education.
(CD1)
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