Comm. on Status of Women

Establishes a trust fund for the Commission on the Status of
Women.  Amends various provisions of the Commission's statutes.
(SB2607 SD1)

THE SENATE                              S.B. NO.           S.D. 1
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

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

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

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                                     S.B. NO.           S.D. 1

 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 367-3, Hawaii Revised Statutes, is
 9 amended to read as follows:
10      "367-3  [Duties] Powers and duties of commission.  The
11 commission shall:
12      (1)  Act as a central clearinghouse and coordinating body
13           for governmental and nongovernmental activities and
14           information relating to the status of women;
15     [(2)  Accumulate, compile, and publish information concerning
16           instances of actual discrimination, and discrimination
17           in the law, against women;
18      (3)  Cooperate with the department of labor and industrial
19           relations and other state departments and agencies and
20           appropriate federal offices and agencies in correcting
21           unlawful employment practices, in public and private
22           employment, involving discrimination because of sex;
23      (4)] (2)  Create public awareness and understanding of the

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 1           responsibilities, needs, potentials, and contributions
 2           of women [as homemakers, workers, and active
 3           participants in community life and of the importance of
 4           each of these] and their roles in the changing society;
 5     [(5)] (3)  Recommend legislative and administrative action on
 6           equal treatment and opportunities for women;
 7     [(6)  Seek improvements in educational and counseling
 8           programs and policies to meet the needs of girls and
 9           women in order better to prepare them for their roles
10           in the home and community;
11      (7)] (4)  Encourage a long-range program of education of
12           women in their political rights and responsibilities,
13           particularly with respect to their voting duties;
14     [(8)] (5)  Maintain contacts with appropriate federal, state,
15           local, and international agencies concerned with the
16           status of women;
17     [(9)] (6)  Cooperate and collaborate with national groups on
18           the status of women and arrange for participation by
19           representatives of the State in White House conferences
20           and other national conferences from time to time;
21    [(10)] (7)  Administer funds allocated for its work; be
22           authorized to accept, disburse, and allocate funds
23           which may become available from other governmental and

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 1           private sources; provided that all such funds shall be
 2           disbursed or allocated in compliance with any specific
 3           designation stated by the donor and in the absence of
 4           such specific designation, such funds shall be
 5           disbursed or allocated on projects related to any of
 6           the purposes of this chapter; [and]
 7    [(11)] (8)  Submit an annual report with recommendations to
 8           the governor and the legislature[.]; and
 9      (9)  Establish a Hawaii nonprofit organization if the
10           commission deems it necessary to effectuate the
11           purposes of this chapter."
12      SECTION 4.  Statutory material to be repealed is bracketed.
13 New statutory material is underscored.
14      SECTION 5.  This Act shall take effect upon its approval.