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Committee advances bill to clarify public school land transfers after dispute over 13 library parcels
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Summary
The House Committee on Water and Land voted to advance SB2613 with amendments directing certain parcels to DOE and sending 13 school-site library parcels to DLNR, after agencies debated whether conveyance or operational agreements best protect students and library services.
The House Committee on Water and Land on Wednesday advanced legislation aimed at clarifying title and transfer procedures for public school lands, after heated exchanges over language that would convey 13 public-school library parcels to the Hawaii State Public Library System.
The panel voted to transfer parcel 332059002 (Kaimuki Middle School area) to the Department of Education and directed that the 13 contested library parcels be handled through the Department of Land and Natural Resources, while asking the committee on finance to examine funding for the transfers. Chair Mark Ashman said the committee would include language urging the Board of Education to engage directly on outstanding operational conflicts.
The measure’s path turned on competing operational and legal concerns. Anne Peruchi of the attorney general’s office told the committee the additional Part 3 language requiring land conveyances “goes against the purpose and intent of Act 307,” and raised questions about statutory authority for a direct conveyance. Jesse Suki, deputy superintendent of operations for the Department of Education, told members the department “strongly opposes part 3 of the measure” because transferring fee title could limit DOE’s ability to manage school-site safety and operations.
Library officials said they supported clearer authority but urged solutions that preserve community access. Namari Fujitani of the Hawaii State Public Library System said the system had submitted written testimony in support and described long-standing efforts to operate shared library facilities on school campuses. Library witnesses and DLNR staff discussed rights-of-entry (EOs) and memoranda of agreement (MOAs) as alternatives that could preserve public access without permanently divesting DOE of title.
Committee members pressed for clarity on specific parcels, including a Kauai tennis-court parcel where members asked whether planned CIP resurfacing could be completed before any transfer. DOE acknowledged some funding had been placed in its budget but said it would seek specifics and report back.
The committee inserted committee-report language urging the Board of Education to meet with the library system and recommended follow-up on funding by the finance committee. The recommendation to pass with amendments carried by voice vote; the record noted at least one excused member. The bill was defected to 07/01/3000 for further processing.
The committee’s action leaves intact operational questions about how to balance student safety, campus operations, and public library access; members directed agencies to negotiate MOAs and, where necessary, to return with clarified subdivision or EO steps.
The committee will transmit its recommended amendments and report language to the next committee of referral and invited the Board of Education to testify at the next hearing if the bill advances.
