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HB2266
HOUSE OF REPRESENTATIVES
H.B. NO.
2266
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE HAWAII FILM STUDIO.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that the film industry in Hawaii is vital to maintaining a
diversified economy for the state.
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A
vibrant, growing film industry has been effective over the past five decades in
stimulating Hawaii
'
s economy, creating quality,
well-paying jobs for our residents, and is the perfect example of a clean,
diversified industry that supports and protects Hawaii
'
s
fragile natural environment, uplifts our community and provides opportunity to
share our unique Native Hawaiian history, culture, language, and stories with
the world.
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The Hawaii film studio at Diamond Head is
situated at 510 18th Avenue TMK (1)3-1-42:9 and falls under governor
'
s
Executive Order 4097 setting aside 7.422 acres.
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The studio currently falls under the management and oversight of the
department of business, economic development, and tourism through its Hawaii
film office.
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The purpose of this Act is
to streamline the department
'
s use of the Hawaii film
studio facility at Diamond Head for film activity and film-related business by
not requiring land board approval of new tenants and in order to further
strengthen and develop Hawaii
'
s film industry.
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SECTION 2.
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Section 171-11, Hawaii Revised Statutes, is amended to read as follows:
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�171-11
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Public purposes, lands set aside by the
governor; management.
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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.
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All withdrawals of the lands or
portions thereof so set aside shall be made by the governor.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
"
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SECTION 3.
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New statutory material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
BY
REQUEST
Report Title:
BLNR; DBEDT; Hawaii Film Studio; Public Lands; Exemption;
Creative Media; Entertainment
Description:
Provides an exemption to dispositions of lands set aside
for film studio and film studio operation from prior approval of the Board of
Land and Natural Resources pursuant to section 171-11, Hawaii Revised Statutes,
thus streamlining the Department of Business, Economic Development, and Tourism
'
s use of the Hawaii film
studio for filming activity and other film-related business in order to more
efficiently develop Hawaii
'
s
film, media, and creative industries.
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