HB1576 HD1

SECTION 1. Chapter 201, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§201- Production permits; production tax credit; information; public notice. (a) Whenever the department, pursuant to section 201-3(b) or 201-14:

(1) Issues a permit to; or

(2) Enters into a memorandum of agreement or memorandum of understanding with,

any person to film a motion picture, television show, television commercial, or other visually recorded production at state-administered locations under the department's film permitting authority, the department shall, within five business days, provide public notice of the information required in subsection (c); provided that during emergency situations, the department shall provide public notice of the information required in subsection (c) within fourteen business days.

The information required in subsection (c) shall also be made available, at the same time public notice is provided, on a publicly accessible part of the department's website.

(b) Whenever the department, in accordance with section 235-17:

(1) Receives registration for prequalification by a taxpayer pursuant to section 235-17(f); or

(2) Determines that a taxpayer qualifies for the motion picture, digital media, and film production income tax credit,

the department shall, within five business days, provide public notification of the information required in subsection (c); provided that during emergency situations, the department shall provide public notice of the information required in subsection (c) within fourteen business days.

The information required in subsection (c) shall also be made available, at the same time public notice is provided, on a publicly accessible part of the department's website.

As used in this subsection, "taxpayer" means a person subject to a tax imposed by chapter 235.

(1) The name of the production; and

(2) The contact information of a designated representative for the production, including the representative's phone number, electronic mail address, and physical mailing address.

(d) Any individual may sign up with the department to receive the public notice required under this section. The department shall provide the public notice by electronic mail or, subject to any reasonable fee the department may assess to recover the costs of postage, supplies, staffing, and other related expenses, postal mail.

(e) The department may adopt rules pursuant to chapter 91 to implement this section."

SECTION 2. Section 171-11, Hawaii Revised Statutes, is amended to read as follows:

"§171-11 Public purposes, lands set aside by the governor; management. The governor may, with the prior approval of the board of land and natural resources, set aside public lands to any department or agency of the State, the city and county, county, or other political subdivisions of the State for public use or purpose. All withdrawals of the lands or portions thereof so set aside shall be made by the governor.

Any public lands set aside by the governor prior to the enactment of this chapter, or any public lands set aside by the governor of the Territory of Hawaii, shall be subject to the provisions of this section.

Lands while so set aside for such use or purpose or when acquired for roads and streets shall be managed by the department, agency, city and county, county, or other political subdivisions of the State having jurisdiction thereof, unless otherwise provided by law. Such department, agency of the State, the city and county, county, or other political subdivisions of the State in managing such lands shall be authorized to exercise all of the powers vested in the board in regard to the issuance of leases, easements, licenses, revocable permits, concessions, or rights of entry covering such lands for such use as may be consistent with the purposes for which the lands were set aside on the same terms, conditions, and restrictions applicable to the disposition of public lands, as provided by this chapter all such dispositions being subject to the prior approval of the board; provided that any nonrenewable dispositions granting rights for a period not in excess of fourteen days shall not require (1) the approval of the board or (2) public auction or public advertisement for sealed tenders; [~~and~~] provided further that disposition of lands set aside for use as agricultural parks pursuant to chapter 166 and lands set aside for filming and film studio operation shall not be subject to the prior approval of the board. If at the time of the disposition of any such leases the board shall have approved the same, any order withdrawing or setting aside any or all of such lands for any other public purpose shall be made subject to such leases. Subject to section 5(f) of the Act of March 18, 1959 (73 Stat. 6), all proceeds from such lands shall be deposited into the appropriate funds provided by law.

A survey of the land to be set aside shall not be a condition precedent to set aside public lands to a department or agency of the State; provided that a subsequent survey of the land set aside shall be binding if ratified by the board of land and natural resources and the governor; provided further that the State, its departments and agencies, and its officials and employees shall be immune from all suits of whatever character, whether sounding in law or in equity, relating to the boundaries of land set aside without a survey.

This section shall also apply where the purposes are the uses and purposes of the United States; provided that all revenues derived from the lands and improvements thereon shall be paid to the department of land and natural resources by the United States.

Whenever lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivisions of the State, or to the United States, are not being utilized or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department. The governor may withdraw public lands and, with the prior approval of the board of land and natural resources, set aside the withdrawn lands to another department or agency of the State, the city and county, county, or political subdivision of the State, or to the United States for public use or purpose[,]; provided that no structure on such lands shall be built, demolished or altered until after the legislative action or inaction as hereinbelow provided.

The power granted to the governor in this section to set aside or withdraw or withdraw and set aside public lands shall be exercised subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by the majority vote of both, in any regular or special session next following the date of the setting aside or withdrawal, or withdrawal and setting aside.

Whenever portions of lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivision of the State are not presently utilized or required for the public purpose stated, the board shall have the power, without withdrawing the order setting aside the lands, to dispose of any and all real property interest less than the fee in the portions of such lands where the disposition is for a use which is consistent or inconsistent with the purpose for which the land was set aside. All funds derived from disposition by the board shall be deposited in the general fund of the State or be paid to the appropriate account; provided that all such dispositions shall be with the prior written approval of the department, agency, city and county, county, or other political subdivisions of the State and the governor, and shall be undertaken in compliance with all other applicable sections of this chapter."

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

SECTION 4. This Act shall take effect on July 1, 3000.

HOUSE OF REPRESENTATIVES	H.B. NO.	1576
THIRTY-THIRD LEGISLATURE, 2026		H.D. 1
STATE OF HAWAII