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HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE HAWAII STATE PUBLIC LIBRARY SYSTEM.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 312-8, Hawaii Revised Statute is amended by
 
 2 amending subsection (a) to read as follows:
 
 3      "(a) In addition to its other duties, the board of education,
 
 4 through the state librarian, shall:
 
 5      (1)  Provide for the establishment and ongoing operation of a
 
 6           literacy and lifelong learning program[, including but not
 
 7           limited to the planning, programming, and budgeting of
 
 8           operating, research and development, and capital investment
 
 9           programs;] for the public libraries in the State.
 
10      (2)  Provide [Coordinate] coordination and [facilitate]
 
11           facilitation of the activities of literacy service providers
 
12           and literacy programs in the public, private, and volunteer
 
13           sectors;
 
14     [(3)] Serve as a clearinghouse for information relating to grants
 
15           and other moneys available for literacy providers and
 
16           programs, literacy services available in the State, the
 
17           measurable results of various literacy programs, and
 
18           statistics and demographics concerning those individuals
 
19           receiving and in need of literacy services;]
 

 
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 1     [(4)] Develop public-private sector literacy partnerships [with
 
 2           the assistance of the advisory alliance for literacy and
 
 3           lifelong learning; and] for literacy program support;
 
 4     [(5)] Act as the oversight state agency in the public-private
 
 5           partners for literacy trust fund for the purpose of section
 
 6           312-9(d).
 
 7      (c)  The literacy and lifelong learning program shall not affect
 
 8           existing department of education programs relating to adult
 
 9           education as provided under sections 302A-432 to 302A-435."
 
10           SECTION 2:Section 312-9 is repealed.
 
11      ["[312-9]  Public-private partners for literacy trust fund.
 
12      (a)  There is established as a separate fund of the Hawaii
 
13      Community Foundation, a Hawaii nonprofit corporation, by
 
14      that certain instrument of gift dated May 2, 1991, a fund
 
15      known as the public-private partners for literacy trust
 
16      fund.  Income and capital gains from the fund shall be used
 
17      exclusively for family literacy programs, as defined in the
 
18      instrument of gift.  The fund shall consist of private
 
19      contributions and the income and capital gains earned by the
 
20      fund.  The fund shall be subject to the following
 
21      restrictions:
 
22      (1)  Only the income and capital gains earned by investment
 
23           of the fund's moneys may be expended; and
 

 
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 1      (2)  Income and capital gains earned by investment of the
 
 2           fund's moneys may not be used during any period when
 
 3           the value of the fund is less than the aggregate
 
 4           principal sum contributed to the fund.
 
 5      (b)  The aggregate principal sum deposited in the fund and
 
 6 any income and capital gains earned by the fund but not used for
 
 7 family literacy programs shall be invested, in accordance with
 
 8 the provisions of the instrument of gift, in a manner intended to
 
 9 maximize the rate of return on investment of the fund consistent
 
10 with the objective of preserving the principal amounts
 
11 contributed to the fund.
 
12      (c)  If the fund is terminated or the Hawaii Community
 
13 Foundation is dissolved, the principal amount of all
 
14 contributions and any other amounts remaining in the fund shall
 
15 be distributed in accordance with the provisions of the
 
16 instrument of gift.
 
17      (d)  The results of the annual audit of the Hawaii Community
 
18 Foundation shall be submitted to the board of education, through
 
19 the state librarian, not more than thirty days after the Hawaii
 
20 Community Foundation shall retain for a period of three years,
 
21 and permit the department of education and the state librarian,
 
22 or their duly authorized representatives, to inspect and have
 

 
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 1 access to, all documents, papers, books, records, and other
 
 2 evidence that are pertinent to the fund.
 
 3      (e)  The purpose of this section is to create, by statute, a
 
 4 private charitable trust to ensure its perpetual existence.  This
 
 5 is not a fund to be placed in the state treasury, and the State
 
 6 shall not administer the fund nor be liable for its operation or
 
 7 solvency.  The fund shall be a private charitable trust to be
 
 8 administered by a private trust company as the trustee."]
 
 9      SECTION 3.  Section 312-10, is repealed.
 
10      [312-10  Advisory alliance for literacy and lifelong
 
11 learning.  There is established within the office of the state
 
12 librarian an advisory council to be known as the advisory
 
13 alliance for literacy and lifelong learning.  The alliance shall
 
14 consist of seven members.  All members shall be appointed by the
 
15 board of education.  The composition of the advisory alliance for
 
16 literacy and lifelong learning shall reflect the distribution of
 
17 the State's population, with consideration being given to varied
 
18 community needs and interests in literacy; provided that there
 
19 shall be at least one member from each of the counties of the
 
20 State.  The alliance shall act as a statewide literacy planning
 
21 alliance to maximize resources for community-level programs.  The
 
22 members of the alliance shall serve without compensation but
 

 
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 1 shall be reimbursed for expenses, including travel expenses,
 
 2 necessary for the performance of their duties."]
 
 3      SECTION 2.  Statutory material to be repealed is bracketed.
 
 4 New statutory material is underscored.
 
 5      SECTION 3.  This Act shall take effect on July 1, 2000.
 
 6 
 
 7                           INTRODUCED BY: ________________________
 

 
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