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Bill

GM 1240

Informing the Legislature that on June 24, 2026, the Governor signed the following bill into law: SB2613 SD1 HD3 CD1 (ACT 139).

2026 Regular Session

Transfers fee simple ownership of certain public lands to the DOE or counties and updates TMKs, enabling recreation, public use, and new DOE land-use rules with liability waivers.

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Bill Summary · GM 1240

Overview

  • Bill: SB2613, SD1, HD3, CD1
  • Jurisdiction: Hawaii
  • Session: 2026
  • Status: Enacted as Act 139 (signed June 24, 2026)
  • Purpose: To revise the tax map key (TMK) identifiers and effectuate transfers of fee simple ownership of certain public lands from the Department of Land and Natural Resources (DLNR) and city/county entities to the Department of Education (DOE) or to specific counties, and to update related provisions governing public school land and use.

Main Purpose and Intent

  • Correct and revise TMK numbers in Act 307 (2022), which directed transfers of specified public lands to the DOE.
  • Formalize and document the conveyance of fee simple title to identified parcels to the DOE, Kauai County, Maui County, and the City and County of Honolulu, as applicable.
  • Clarify ownership, land conditions, liability releases, and tax implications (e.g., removal of certain conveyance-related taxes).
  • Update DOE land-use and public access provisions, including park/use rights and charging of certain fees.

Key Provisions and Changes

  • Part I: TMK Revisions

    • Revisions to the TMK numbers listed in Act 307 (2022) for accuracy due to updated information and changed circumstances.
    • The conveyance remains "as is" and “in its existing condition.”
    • DOE may waive or extinguish all claims or liabilities related to injuries, damages, or environmental/economic/legal conditions associated with the properties.
    • Transfer deemed effective as of July 1, 2022.
    • DOE or other appropriate entities must execute quitclaim deeds or other instruments to evidence conveyances.
    • If DOE elects to obtain partial parcels, it must take necessary actions to effect the conveyance.

  • Part II: Specific Parcel Transfers

    • Transfer of various parcels to Kauai County (list of schools and parcels by TMK) and one parcel to the City and County of Honolulu for Kaimuki Middle School.
    • Kauai transfer: Includes Wilcox Elementary School parcel (TMK 4-3-6-002:010) among others; Kauai must accept in its existing condition, with liability releases and no Hawaii TAT tax applicability.
    • Honolulu transfer: Kaimuki Middle School parcel (TMK 3-2-059:002) to the DOE; similar conditions apply (existing condition, liability releases, no transfer tax).

  • Part III: Public School Lands – Recreation and Fees

    • DOE lands may be used for general recreational purposes and for public/community use, provided such use does not interfere with schools.
    • DOE may adopt rules and issue licenses, revocable permits, concessions, or rights of entry for specified periods.
    • DOE may assess and collect fees for use of school buildings, facilities, grounds, and equipment, including parking, with proceeds placed in a separate fund to be used under DOE rules.
    • Parking fees collected by a school must stay with that school’s nonappropriated local fund.

  • Part IV: Effective Date

    • Act takes effect upon approval (June 24, 2026).

Who/What Is Affected

  • State DOE: Receives fee simple title to numerous parcels (schools and related land) once conveyed; gains authority to manage and monetize certain land uses and facilities.
  • Counties/City & County of Honolulu: Some parcels transferred to counties (Kauai County) or to the DOE (Honolulu parcel transfer).
  • DLNR: Lands and related parcels subject to revision of TMKs and transfer to DOE.
  • General public: Potential access to fields and school facilities under new recreation/permits framework; subject to DOE rules and fee structure.

Procedural and Timeline Aspects

  • Transfers are structured to reflect an effective date of July 1, 2022, though enacted in 2026; deeds must be recorded as evidence of conveyance.
  • Tax considerations: Transfers are treated as not subject to certain state taxes (e.g., section 247-1 taxes) due to interagency/ intergovernmental nature.
  • DOE has discretion to accept all or portions of parcels; if partial, actions must be taken to effect partial conveyances.
  • Act clarifies ongoing regulatory framework for public school land use and facility charging practices.

Practical Implications

  • Provides a clarified and updated framework for ownership of multiple public school lands across Oahu, Maui, and Kauai.
  • Establishes liability waivers for the state and counties related to conveyed lands.
  • Expands public access and permissible uses of school lands for recreation and community activities, balanced with a permissible fee structure to support DOE facilities.
  • Improves accuracy of land records by updating TMKs to reflect changed circumstances.

Compiled from official sources — confirm details with the bill’s official record.

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