Library Literacy Programs

Clarifies the structure of the State library's literacy programs.
(HB2566 HD2)

HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 2
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



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

Page 2                                                     2566
                                     H.B. NO.           H.D. 2

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 9 repealed.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

Page 3                                                     2566
                                     H.B. NO.           H.D. 2

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

Page 4                                                     2566
                                     H.B. NO.           H.D. 2

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

Page 5                                                     2566
                                     H.B. NO.           H.D. 2

 1      SECTION 4.  Statutory material to be repealed is bracketed.
 2 New statutory material is underscored.
 3      SECTION 5.  This Act shall take effect on July 1, 2000.