Report Title:

Libraries; Literacy Programs

 

Description:

Repeals the public-private partners for literacy trust fund and the advisory council known as the "advisory alliance for literacy and lifelong learning." (HB614 CD1)

 

HOUSE OF REPRESENTATIVES

H.B. NO.

614

TWENTY-FIRST LEGISLATURE, 2001

H.D. 2

STATE OF HAWAII

S.D. 1

 

C.D. 1


A BILL FOR AN ACT

 

RELATING TO THE HAWAII STATE PUBLIC LIBRARY SYSTEM.

 

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

SECTION 1. Section 312-8, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) In addition to its other duties, the board of education, through the state librarian, shall:

(1) Provide for the establishment and ongoing operation of a literacy and lifelong learning program[, including but not limited to the planning, programming, and budgeting of operating, research and development, and capital investment programs;] for the public libraries in the State;

(2) [Coordinate] Provide coordination and [facilitate] facilitation of the activities of literacy service providers and literacy programs in the public, private, and volunteer sectors;

[(3) Serve as a clearinghouse for information relating to grants and other moneys available for literacy providers and programs, literacy services available in the State, the measurable results of various literacy programs, and statistics and demographics concerning those individuals receiving and in need of literacy services;

(4) Develop public-private sector literacy partnerships with the assistance of the advisory alliance for literacy and lifelong learning; and

(5) Act as the oversight state agency in the public- private partners for literacy trust fund for the purpose of section 312-9(d).] and

(3) Develop public-private sector literacy partnerships for literacy program support."

SECTION 2. Section 312-9, Hawaii Revised Statutes, is repealed.

["[312-9] Public-private partners for literacy trust fund. (a) There is established as a separate fund of the Hawaii Community Foundation, a Hawaii nonprofit corporation, by that certain instrument of gift dated May 2, 1991, a fund known as the public-private partners for literacy trust fund. Income and capital gains from the fund shall be used exclusively for family literacy programs, as defined in the instrument of gift. The fund shall consist of private contributions and the income and capital gains earned by the fund. The fund shall be subject to the following restrictions:

(1) Only the income and capital gains earned by investment of the fund's moneys may be expended; and

(2) Income and capital gains earned by investment of the fund's moneys may not be used during any period when the value of the fund is less than the aggregate principal sum contributed to the fund.

(b) The aggregate principal sum deposited in the fund and any income and capital gains earned by the fund but not used for family literacy programs shall be invested, in accordance with the provisions of the instrument of gift, in a manner intended to maximize the rate of return on investment of the fund consistent with the objective of preserving the principal amounts contributed to the fund.

(c) If the fund is terminated or the Hawaii Community Foundation is dissolved, the principal amount of all contributions and any other amounts remaining in the fund shall be distributed in accordance with the provisions of the instrument of gift.

(d) The results of the annual audit of the Hawaii Community Foundation shall be submitted to the board of education, through the state librarian, not more than thirty days after the Hawaii Community Foundation receives the audit results. The Hawaii Community Foundation shall retain for a period of three years, and permit the department of education and the state librarian, or their duly authorized representatives, to inspect and have access to, all documents, papers, books, records, and other evidence that are pertinent to the fund.

(e) The purpose of this section is to create, by statute, a private charitable trust to ensure its perpetual existence. This is not a fund to be placed in the state treasury, and the State shall not administer the fund nor be liable for its operation or solvency. The fund shall be a private charitable trust to be administered by a private trust company as the trustee."]

SECTION 3. Section 312-10, Hawaii Revised Statutes, is repealed.

["312-10 Advisory alliance for literacy and lifelong learning. There is established within the office of the state librarian an advisory council to be known as the advisory alliance for literacy and lifelong learning. The alliance shall consist of seven members. All members shall be appointed by the board of education. The composition of the advisory alliance for literacy and lifelong learning shall reflect the distribution of the State's population, with consideration being given to varied community needs and interests in literacy; provided that there shall be at least one member from each of the counties of the State. The alliance shall act as a statewide literacy planning alliance to maximize resources for community-level programs. The members of the alliance shall serve without compensation but shall be reimbursed for expenses, including travel expenses, necessary for the performance of their duties."]

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2001.