Comm. on Status of Women

Establishes a trust fund for the Commission on the Status of
Women.  Makes all employees of the Commission exempt from civil
service.  Amends various provisions of the Commission's statutes.

THE SENATE                              S.B. NO.           2607
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  Chapter 367, Hawaii Revised Statutes, is amended
 2 by adding a section to be appropriately numbered and to read as
 3 follows:
 4      "367-    Commission on the status of women trust fund.  (a)
 5 There is established a commission on the status of women trust
 6 fund.  All funds contributed to the trust fund, including income
 7 and capital gains earned therefrom, shall be used exclusively for
 8 commission programs as defined in the articles, bylaws,
 9 resolutions, and other instruments executed on behalf of the
10 commission on the status of women or any nonprofit organization
11 established thereunder.  The trust fund may receive any and all
12 types of private contributions, and the income and capital gains
13 earned by the fund; provided that funds or properties donated for
14 the commission's use shall be deposited and accounted for in
15 accordance with rules adopted by the comptroller.  The trust fund
16 shall be subject to the following restrictions:
17      (1)  All funds, and the income and capital gains earned by
18           investment of those funds, shall be expended only for
19           the support of the commission's or its nonprofit
20           organization's programs; and

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 1      (2)  Other restrictions imposed by the legislature with
 2           respect to the transfer or appropriation of funds.
 3      (b)  Any funds deposited in the trust fund, and any income
 4 and capital gains earned therefrom, not used for the commission's
 5 or its nonprofit organization's programs, shall be invested in
 6 accordance with the provisions of the articles, bylaws,
 7 resolutions, or other instruments executed on behalf of the
 8 commission or its nonprofit organization, and in a manner
 9 intended to maximize the rate of return on investment of the
10 fund.
11      (c)  If the trust fund is terminated or the commission or
12 its nonprofit organization is dissolved, all funds, including the
13 income and capital gains earned by the investment of funds, shall
14 be distributed in accordance with the articles and bylaws of the
15 commission or its nonprofit organization.
16      (d)  The commission shall require an annual audit of the
17 trust fund, the results of which shall be submitted to the
18 department of budget and finance, not more than thirty days after
19 receipt by the commission.  The commission shall retain for a
20 period of three years, any documents, papers, books, records, and
21 other evidence that is pertinent to the trust fund, and permit
22 inspection or access thereto by the department of budget and
23 finance, the department of accounting and general services, state

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 1 legislators, and the auditor, or their duly authorized
 2 representatives.
 3      (e)  The purpose of this section is to create by statute a
 4 private charitable trust fund to financially support the programs
 5 of the commission on the status of women.  The trust fund shall
 6 be subject to the terms and conditions provided in this section.
 7 The trust fund shall not be placed in the state treasury and the
 8 State shall not administer the fund nor be liable for its
 9 operation or solvency.  The fund shall be a private charitable
10 trust fund administered by a private trust company as trustee.
11      (f)  Subsections (a) to (e) shall take effect upon the
12 creation of a commission on the status of women foundation, a
13 tax-exempt, nonprofit foundation that is subject to the terms and
14 conditions provided in this section."
15      SECTION 2.  Section 367-1, Hawaii Revised Statutes, is
16 amended to read as follows:
17      "[[]367-1[]]  Findings and purpose.  The legislature finds
18 that the work of the [governor's] State's commission on the
19 status of women, established by the governor by executive order
20 on May 15, 1964, demonstrates the need for a continuing body to
21 aid in the implementation of its recommendations, to develop
22 long-range goals, and to coordinate research planning,

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 1 programming, and action on the opportunities, needs, problems,
 2 and contributions of women in Hawaii in (1) education, (2)
 3 [homemaking, (3)] civil and legal rights, [(4)] (3) labor and
 4 employment, and [(5)] (4) expanded community [horizons.]
 5 participation.  It is the purpose of this chapter to provide for
 6 a statewide program, on a permanent and continuing basis, on the
 7 status of women in Hawaii."
 8      SECTION 3.  Section 367-2.5, Hawaii Revised Statutes, is
 9 amended to read as follows:
10      "367-2.5  Executive director.  The commission shall appoint
11 an executive director and any other staff it deems necessary for
12 the proper administration and enforcement of this chapter without
13 regard to chapters 76 and 77."
14      SECTION 4.  Section 367-3, Hawaii Revised Statutes, is
15 amended to read as follows:
16      "367-3  [Duties] Powers and duties of commission.  The
17 commission shall:
18      (1)  Act as a central clearinghouse and coordinating body
19           for governmental and nongovernmental activities and
20           information relating to the status of women;
21     [(2)  Accumulate, compile, and publish information concerning
22           instances of actual discrimination, and discrimination
23           in the law, against women;

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 1      (3)  Cooperate with the department of labor and industrial
 2           relations and other state departments and agencies and
 3           appropriate federal offices and agencies in correcting
 4           unlawful employment practices, in public and private
 5           employment, involving discrimination because of sex;
 6      (4)] (2)  Create public awareness and understanding of the
 7           responsibilities, needs, potentials, and contributions
 8           of women [as homemakers, workers, and active
 9           participants in community life and of the importance of
10           each of these] and their roles in the changing society;
11     [(5)] (3)  Recommend legislative and administrative action on
12           equal treatment and opportunities for women;
13     [(6)  Seek improvements in educational and counseling
14           programs and policies to meet the needs of girls and
15           women in order better to prepare them for their roles
16           in the home and community;
17      (7)] (4)  Encourage a long-range program of education of
18           women in their political rights and responsibilities,
19           particularly with respect to their voting duties;
20     [(8)] (5)  Maintain contacts with appropriate federal, state,
21           local, and international agencies concerned with the
22           status of women;
23     [(9)] (6)  Cooperate and collaborate with national groups on
24           the status of women and arrange for participation by

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 1           representatives of the State in White House conferences
 2           and other national conferences from time to time;
 3    [(10)] (7)  Administer funds allocated for its work; be
 4           authorized to accept, disburse, and allocate funds
 5           which may become available from other governmental and
 6           private sources; provided that all such funds shall be
 7           disbursed or allocated in compliance with any specific
 8           designation stated by the donor and in the absence of
 9           such specific designation, such funds shall be
10           disbursed or allocated on projects related to any of
11           the purposes of this chapter; [and]
12    [(11)] (8)  Submit an annual report with recommendations to
13           the governor and the legislature[.]; and
14      (9)  Establish a Hawaii nonprofit organization if the
15           commission deems it necessary to effectuate the
16           purposes of this chapter."
17      SECTION 5.  All employees whose positions have been
18 converted from civil service to exempt as a consequence of
19 section 2 of this Act shall not thereby be separated from public
20 employment, but shall remain in the employment of the State with
21 the same pay and classification and shall be transferred to some
22 other office or position for which the officer or employee is
23 eligible under the personnel laws of the State as determined by

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 1 the lieutenant governor in consultation with the director of
 2 human resources development.
 3      SECTION 6.  Statutory material to be repealed is bracketed.
 4 New statutory material is underscored.
 5      SECTION 7.  This Act shall take effect upon its approval.
 7                           INTRODUCED BY:  _______________________